parked car with no mot

[selinajayne]

does anyone know if i can leave my insured and taxed car, parked on the road with no MOT. Its not being driven because it has no MOT but i have no where else to park it untill it gets its mot

[my-spirit-soars-free]

It looks like the answer is no, it is still deemed to be being used, according to this case:

 

Pumbien v Vines

 

(1995) The Times June 14 Queen's Bench Divisional Court

 

A motor car parked on a road was being used on the road for the purposes of sections 47 and 143 of the Road Traffic Act 1988 even if it was totally immobilised and could only be moved by being dragged away, and, therefore, required both a valid MOT certificate and an insurance policy.

 

The Court so held in dismissing an appeal by way of case stated by Andee Pumbien against his conviction of offences of using a motor vehicle on a road without either a valid test certificate or insurance policy contrary to sections 47(1) and 143(1) of the 1988 act.

[Conniff]

We need to make the distinction between 'keeping' and 'using' here.

[buzby]

Surely it is an irrelevant distinction, as using is already illegal, and the stated case confirms that 'keeping' also requires MoT & insurance to prevent a conviction?

[mightymouse_69]

We need to make the distinction between 'keeping' and 'using' here.

 

The statutory provision refers to "using"

 

The case cited above is authority that using means to have use of the car on the road.

[heliosuk]

In laymans terms if the car is on a designated public highway then it must have tax, insurance and a valid MOT (if applicable) irrespective as to what the use is unless the vehicle is on route to a pre booked test (and we've done this one to death before!).

[buzby]

The 'means' would be the ignition key and a tank of fuel. Whether they intended getting behind the wheel. Brinkmanship, certainly - but not a risk worth taking, surely?

[theboneman]

section 165 road traffic act. the answer is No if its on the public highway it must have tax test and insurance

[patdavies]

MoT and VED are only required on a road maintained at public expense (Vehicle Excise and Registration Act).

 

Insurance is required on any road that can be defined as a public highway - regardless of ownership or maintenance regime

[patdavies]

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[sharkfin]

While it may not be 100% legal to park a car with no MOT out on the street, I'd imagine that as long as it had a valid tax disc you would be VERY unlikely to be rumbled. Police only tend to run cars through their computers for document checks if they have stopped you for something while you are actually driving the car.

 

If the car is just sitting in the street looking all innocent and - most importantly - with a current tax disc, I don't see why it would arouse any suspicion. Just make sure you pre-book your MOT so that you can legally drive it to/from the garage when it's being tested.

 

Please note that I'm not recommending that people go about routinely flouting motoring laws, I'm just saying that if the OP genuinely has nowhere else to keep the car then in this case the lack of an MOT is probably something that will go unnoticed by the police and traffic wardens etc.