Mot failure regulations.

[television]

VOSA can give the definitive answer as they are the certificate issuer, rules provider and enforcer.

So far they say the existing cert is still in force.

That would certainly be so in the case of the emissions as this has been addressed, in a way the same as a tyre that may need to be replaced, the only thing is that we can all see a tyre but we cannot see emissions

 

[whitenemesis]

Loads of cars don't comply within weeks of a test, a bulb may fail or an exhaust blow or a numberplate crack. The certificate can't be expired early for those reasons, but the car can be un-roadworthy even with a valid certificate.

This is why the test is only valid on the day of the test, but the cert lasts for 12 months.

Agreed but one hasn't had the car tested again and been issued a fail notice.

As I posted above VOSA already allows one to drive a car that has failed a test. What reason would one argue the original cert is still valid? To what end?

 

[dieselman]

Agreed but one hasn't had the car tested again and been issued a fail notice.

As I posted above VOSA already allows one to drive a car that has failed a test. What reason would one argue the original cert is still valid? To what end?

Simply because it hasn't reached it's expiry date. The car may have failed a test but the certificate hasn't expired, thus is still valid. it's the simple rules of contract, a contract can't be terminated without notice or other provision clearly stating that it can be under certain conditions.

Technically you can sell a car with MOT after a failure notice, because it still has a valid cert.

This is the same issue as insurance. Nothing invalidates the right for a 3rd party claim while the contract is in force, which is until either the expiry or either party cancelling beforehand.

 

[BarryF]

I bet the air turned blue at the local nick in the morning following the withdrawal of the cabs. There would have been a lot of unhappy bunnies advising the duty inspector of the additional grief caused by an overeager dinmwit, who in turn probably recieved some words of advice.
Barry:lol::lol:

 

[Frontstep]

An accurate update would be good.

 

[The mallard]

The cab has had some jollop put into the fuel tank and given an Italian tune up under trade plates and should pass an MOT on emissions now.

Does that mean it was driven on the road without a valid MOT, and having failed a recent test?

Yes it may be legal to drive on trade plates for testing purposes after a repair, but the vehicle still has to comply with roadworthiness and emission regulations. The trade licence on a trade plate is really just a vehicle excise licence

 

[Quick Silver]

Does that mean it was driven on the road without a valid MOT, and having failed a recent test?

Yes it may be legal to drive on trade plates for testing purposes after a repair, but the vehicle still has to comply with roadworthiness and emission regulations. The trade licence on a trade plate is really just a vehicle excise licence

Trade plates are for the use of the motor trade as name implies, it is your tax and insurance for any vehicle that needs to be moved within the trade, ie to/from auctions, customer demonstrations, the movement of a vehicle from from one garage to another for whatever reason, snatch back recovery etc you do not need an mot to move that vehicle only that is safe to do so.

My son has 4 sets of trade plates, he also has a car transporter. The above is what he just told me and he also said that trade plates are the most abused tool of the motor trade.

 

[Frontstep]

"Trade plates are for the use of the motor trade as name implies, it is your tax and insurance for any vehicle that needs to be moved "

I don't think there is any Insurance cover.
That would be seperate.

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1081975206&type=RESOURCES

There is no automatic exemption from MoT testing for vehicles used under a trade licence.
A vehicle used under a trade licence is only exempt from the MoT testing requirement when being driven during the course of, or on completion of repairs, or when being driven to and from a pre-booked MoT test. A vehicle that has failed the test and has no current MoT in place must be towed to the place of breaking.
• Trade plates should not be used on a vehicle that is carrying passengers for hire and reward as the purposes for a trade licence being issued does not allow passsengers to be carried on a commercial or personal basis.

Further

 

[television]

Trade plates have nothing to do with any insurance, most people that have them have a Motor trader policy. I had some for a long number of years till the police became hotter on their use. There used to be 2 types of plates, both general and limited, now just the general plates

 

[Quick Silver]

Trade plates are your tax and insurance, fact.

It is impossible to put the tax on the plates without the insurance just the same as it would be for a car, in other words "the plate" is treated as a vehicle.

 

[Frontstep]

"Trade plates are your tax and insurance, fact."

Sorry but thats simply wrong and potentially misleading if you follow above post and its links you will find the legislation covering the plates.

I stand fully behind the above statement after checking it.

 

[television]

Trade plates are your tax and insurance, fact.

It is impossible to put the tax on the plates without the insurance just the same as it would be for a car, in other words "the plate" is treated as a vehicle.

Yes that is correct, I worded my post badly in that I said that you must take out separate insurance and that is still valid and that is still true, and yes the same as a car

 

[Quick Silver]

Untaxed ,uninsured trade plates ping up on ANPR just the same as a car registration as also speed cameras.

The plate holder has to keep a record of what vehicle they are used on and who is driving them.

 

[dieselman]

To conclude this debate.

I have had a reply from VOSA which gives the definitive position on the validity of an MOT if the car subsequently fails a later test.

Thank you for your e-mail enquiry dated 23rd May 2011, concerning MOT certificates.

An MOT is valid until midnight on the date of expiry of the current certificate - even if the vehicle fails an MOT prior to that date.

Please note however that the vehicle should also be kept in a roadworthy condition and meet legal requirements at all times in order to be driven on the public highway.

Once midnight on the date of expiry is reached, you are only legally able to drive the vehicle directly to/from a pre-booked MOT test.

If the vehicle fails the test you are also able to drive it to a place of repair and back to an MOT garage for re-test.



As I said previously, nothing can invalidate an existing MOT certificate before the expiry date and the car can be driven to and from an MOT test, to a repairer and back to the test centre.

 

[Xtractorfan]

But aren't we talking about a PSV as opposed to an MOT..This vehicle was too young for an MOT, So in effect I would suspect that a PSV can be withdrawn at any infringement. I have known of cases where cars have been put off the road because they need washed and cleaned...Taxis.. I may add. and apparently it wasnt unknown for inspectors to even ask the drivers to clean up as well...

 

[dieselman]

But aren't we talking about a PSV as opposed to an MOT..This vehicle was too young for an MOT, So in effect I would suspect that a PSV can be withdrawn at any infringement.

The issue was the MOT, not the compliance test.

Have you read the thread?

 

[Xtractorfan]

Yes read the post, The reason for the MOT is because it is a Taxi..over here it is known as a PSV..There are much stricter rules and regs. in force for a Taxi MOT/PSV and it can be rescinded by the powers that be.. The email enquiry you sent to VOSA was about MOT in general, for everyday, normal cars, Resend another and enquire as to the regulations regarding Taxis. Then we will all be at one with that answer..unless they get it wrong..

 

[dieselman]

Yes read the post, The reason for the MOT is because it is a Taxi..over here it is known as a PSV..There are much stricter rules and regs. in force for a Taxi MOT/PSV and it can be rescinded by the powers that be.. The email enquiry you sent to VOSA was about MOT in general, for everyday, normal cars, Resend another and enquire as to the regulations regarding Taxis. Then we will all be at one with that answer..unless they get it wrong..

I don't need to. The certificate has an end date, which it cannot be withdrawn before. It's the law of contract, and end date means just that.

 

[star]

just the read the last posts, surely if it fails a psv/taxi test, then the only restriction is that they cannot carry paying passengers or work? esp if it still has a valid mot or is less than 3 yrs old?

 

[Quick Silver]

I have had a reply from VOSA which gives the definitive position on the validity of an MOT if the car subsequently fails a later test.

Thank you for your e-mail enquiry dated 23rd May 2011, concerning MOT certificates.

An MOT is valid until midnight on the date of expiry of the current certificate - even if the vehicle fails an MOT prior to that date.

Please note however that the vehicle should also be kept in a roadworthy condition and meet legal requirements at all times in order to be driven on the public highway.

Once midnight on the date of expiry is reached, you are only legally able to drive the vehicle directly to/from a pre-booked MOT test.

If the vehicle fails the test you are also able to drive it to a place of repair and back to an MOT garage for re-test.



As I said previously, nothing can invalidate an existing MOT certificate before the expiry date and the car can be driven to and from an MOT test, to a repairer and back to the test centre.

Well well well, our Council are still trying to sort this one out along with local plod, I will copy this and send it to them. Thanks for your efforts guys
This is also different from what is on the back the failure certificate and it also makes reference to your insurance ?