The good news is the conviction for this offence will not lead you to any penalty points being placed on your licence but the courts can impose a heavy fine which can be increased if you are the employer and the vehicle is used in the course of your business.
The Law ( the technical bit !)
The offence of driving with no current MOT
Section 47(1) of the Road Traffic Act 1988 states that it is an offence for anyone to drive, or allow or cause to be driven, a vehicle which requires, but does not have, a valid Ministry of Transport (MOT) test certificate.
Section 47(2) states that the vehicles to which this applies are those first registered over three years ago, or
“those which, having a date of manufacture not less than three years before that time, have been used on roads (whether in Great Britain or elsewhere) before being registered”
In addition, certain vehicles which are used to carry passengers need to be tested after one year. These are:
• a motor vehicle used for the carriage of passengers and with more than eight seats, excluding the driver’s seat, or
• a taxi (as defined in section 64 (3) of the Transport Act 1980), being a vehicle licensed to ply for hire, and
• an ambulance
Penalties for driving without an MOT
The penalty for driving a vehicle that has not successfully passed an MOT is likely to be a fine, the severity of which will depend upon the extent of the offence and whether it was in respect of a private vehicle or one being used to carry passengers or goods. However, it will not on its own result in either the imposition of penalty points or a disqualification.
Exemptions and defences
There are a number of exemptions or defences which you might be able to take the benefit of in relation to this offence.
My brief Solicitors will be able to fully advise you as to your options to help lessen the difficulty for you.
so don’t delay contact us today.