Monkey Boy 1 Posted November 10, 2012 Report Share Posted November 10, 2012 it's a bit heavy reading, but apparently s.148 of the RTA prevents an insurer from restricting cover based on the condition of the vehicle. So I would suggest any such contractual term would be unenforceable. Link to comment Share on other sites More sharing options...
BrianGT Posted November 10, 2012 Author Report Share Posted November 10, 2012 it's a bit heavy reading, but apparently s.148 of the RTA prevents an insurer from restricting cover based on the condition of the vehicle. So I would suggest any such contractual term would be unenforceable. Thanks mate........you see how complicated it is? VOSA are adamant on their stance........Insurers should come in line but no doubt it will be down to individual interpretation. Personally......if I submitted my car a month before expiry and it failed i would see it as a need to rectify the faults before the due date of the original........but I would keep driving it ....unless the faults were obviously dangerous......a hole in the sill wouldn't bother me.......a defective Tyre would. Link to comment Share on other sites More sharing options...
Monkey Boy 1 Posted November 12, 2012 Report Share Posted November 12, 2012 Also , AFAIK, a valid certificate cannot be nullified by a fail Cert, that's probably why you can submit a car 1 month before the MOT is due to expire. If the car were to pass 1 month before the expiry date.they can only give you 12 months from the date of test (unless you can produce the current certificate). eg, MOT runs out 1st June 2013, car can go in for a test 1st May 2013, if it passes and you have your old cert, the expiry date will be 31st May 2014 (12 months plus the 1 month). If you dont have your old cert, the cert. will say 30th April for retest. Get my drift ? Link to comment Share on other sites More sharing options...
stevenc1603 Posted November 16, 2012 Report Share Posted November 16, 2012 I don't think you need the old cert nowadays as its all on the computer. I know that because I MOT'd a van I was selling 4 months early and the tester called me to check I knew I would loose the original expiry date as it was too soon to test it again. Link to comment Share on other sites More sharing options...
hyper-wrap Posted November 17, 2012 Report Share Posted November 17, 2012 This may have been covered before so please forgive me if it has.......... There seems to be a grey area when taking an MOT a month earlier than the expiry of your last MOT. If it fails it appears that VOSA and the Insurance industry are taking different views. VOSA are saying that the original MOT is valid for the full term of the existing MOT.... but.... Insurers are saying if it has been submitted for an MOT and fails the car is not roadworthy and would not be covered. This could lead to a claim not being covered..... Does anyone know the certainty of this? If VOSA say the car is road worthy, it's road worthy. Thing is, the MOT is technically only to show that on the day of the test that the car was safe, do you have a legal obligation to keep a car tiptop throughout that space of time? I.E...if one tyre was below the limit for tread, does that make the car invalid to cover in the eyes of the insurance company? Link to comment Share on other sites More sharing options...
stevenc1603 Posted November 20, 2012 Report Share Posted November 20, 2012 I would say yes it does make it invalid as the vehicle would not be roadworthy. If you were to have a crash and the police were investigating it, you can be guaranteed if they found something suspect it would be reported to the insurance as well as the driver getting the apporpriate penalty. Link to comment Share on other sites More sharing options...
mrsoundcraft Posted November 21, 2012 Report Share Posted November 21, 2012 The last time I looked this up I was lead to believe that if your old MOT was still valid the car was still drivable, even with a fail, the garages Ive used never had a problem with me driving a car they had just failed. These falures were on emmisions, so the safety of the car was never really questioned. Anyway here's another issue. It is not illegal to drive a car with no MOT or Tax to a pre booked MOT apointment at a garage. How does that one work? Recently I sold a car without an MOT to someone who then drove it all the way to Hartlepool for an MOT, I thought that was stretching it a bit but apparenlty its legal. Link to comment Share on other sites More sharing options...
rpsmith79 Posted November 21, 2012 Report Share Posted November 21, 2012 (edited) Anyway here's another issue. It is not illegal to drive a car with no MOT or Tax to a pre booked MOT apointment at a garage. How does that one work? Recently I sold a car without an MOT to someone who then drove it all the way to Hartlepool for an MOT, I thought that was stretching it a bit but apparenlty its legal. Not knowing where you live, that does sound illegal as i believe you have to take it to the nearest MOT station, or at the very least one within reasonable distance, i.e. you couldn't buy a car with no MOT in the Highlands of Scotland and drive it all the way to Devon for its MOT, that is 100% illegal Edited November 21, 2012 by rpsmith79 Link to comment Share on other sites More sharing options...
Razorjack Posted November 21, 2012 Report Share Posted November 21, 2012 Last time I looked into it, there's no restriction on where you book the MOT so long as you go straight there (only diversions for essential things such as fuel). Link to comment Share on other sites More sharing options...
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