spoke to my bro a little while ago, and he told me that last night he got pulled over by the cops, as his works van pinged their ANPR and came up as no insurance.

turns out the van IS insured on the company fleet insurance, BUT the MoT ran out in september!

thing is, the van is leased to the company he works for, and therefore they have no idea when the MoT was due to expire etc, and the lease company never told them.

so what is likely to happen? he was just about to go to the copshop with his boss to try and sort it out.

i know that no MoT invalidates your insurance, but what happens when its a lease vehicle that doesnt tell you it has expired?

are they any get out clauses? as i thought getting caught with no MoT just ment an £80 fine lol

cheers

 

carries points as well i believe!interesting one with regards to the lease thing!but as far as the law goes its the driver responsibility i would think

 

i always thought that no mot was ony a fine, not endorsable,may be wrong.

 

i know a couple of people caught with no mot
and everytime its only ever been a fine with no points
never had the problem myself
i got no excuse, i'm a tester

 

well if it is, its looking like 6 points and £200 fine for no insurance

 

its a £60 fine up this way, its the drivers responsibility, the car i got stopped in wasnt mine either but made no difference, just have take it on the chin. there was no endorsement may i add....

 

No points only a fine....believe me I know!!! Not sure where the onus lies with responsibility though - whether its him as a driver or the company as the owner!! Hard one! You wouldnt really expect the works van to be not MOTd would you!!!

I would hope that his work would pay it if he got fined!!!

 

lee, yes his work will pay whatever fine, but if he gets points, he will be pissed

 

I had exactly the same, all he needs to do is produce all he can, get the van motd NOW and explain its a lease van. I got off as when i produced they realised its not my fault and its a lease vehicle, it would cost too much to chase it up.
In the worst case he would get done for failing to produce

 

cheers mate, he was off there about 10pm, will speak to him tomoz i expect

ta

 

Why does everyone think no MOT or no tax invalidates your insurance?

 

Because usually there is a clause in the insurance small print saying the vehicle must be taxed and MOT'd.

Obviously thats not the same as the cops charging you for no insurance as you do have an insurance policy even if they wont pay out! This guy needs to get a copy of the fleet insurance certificate and he should be fine.

 

Because usually there is a clause in the insurance small print saying the vehicle must be taxed and MOT'd.

Obviously thats not the same as the cops charging you for no insurance as you do have an insurance policy even if they wont pay out! This guy needs to get a copy of the fleet insurance certificate and he should be fine.

 

In court Ignorance is not a defence. I'm not sure if your brother would fall under this or not? I should hope not.

Benni.

 

No MOT does not invalidate your insurance.

 

I got pulled by the Police one night and got a 7 day wonder, it was only after the event (as it was New Years Eve) that I realised that I genuinely had forgot to renew the MOT!

I just went and re-MOT'd the vehicle and told the Police that I'd 'lost' the current one so went and got it tested again to prove it was roadworthy (luckily it passed, it was a G Plate X3RI ), they said they would send it to head office to deal with and I'd get a letter in the post, some while later the letter turned up and said as it was your first offence and the vehicle is now MOT'd and was clearly roadworthy at the time of the pull then they were going to let me off!

 

i pulled over and fell asleep in a bustop after a horrificly long day at about 2am on the way home from work. the car had ran out of mot two days prior and had not been able to pass emissions due to electrical issues but i HAD to use the car to get to work. the police stopped, ran my info, realised i had no mot and woke me, i explained the situation to them and they simply told me to not drive it again unless it was to an mot station. they didnt really seem to car that much at all as the car was in a 1/2 decent state of repair (R reg escort).

based on my experience and how not-bothered the old bill seemed with me, i cant see your bro having to much grief considering the circumstances.

 

As said no mot does not invalidate insurance, unroadworthy would though, but not for third parties, so you still have the legal minimum.
No points for no mot either.
tabetha

 

If you tried to claim on your insurance and they found out it had no MOT, surely they wouldn't pay out.

 

right update time lol

he went to the cop shop with his boss last night, and the fleet insurance certificate.

showed the woman behind the desk and she basically said ok it is insured, and as its a lease vehicle you should have a good case in court and that she would pass the info on to the officer that stopped him.

not the result he was wanting lol.

anyway, about half an hour later he got a call off the copper that pulled him, who said it was just the insurance he was bothered about, and to tear up the ticket.

i told him not to until he has it in writing lol.

so it looks like he will be ok.

 

Good result IF the coper does what he says LOL

 

The MOT invalidating your insurance is a very grey area. My insurance company (Direct line) state that the car must be roadworthy (So not necessarily needing an MOT).
I once got pulled for no MOT, and was charged with driving with no insurance. I contacted Direct Line and they provided me with a letter clearly stating that I was insured at the time I was stopped.

The procurator Fiscal decided that the case was still worth trying, and took me to court over it. I produced the letter, and a copy of my policy. And I was asked, how the insurance company could know the vehicle was roadworth, without a current MOT. It went back and forward between lawyers with lawyer speak for a while, and eventually I was let off, but given a very strict warning, and told that on this occasion, I would be let off, but if the same happened again, then I would most certainly be prosecuted etc etc.

 

How can the insurance company know the vehicle is roadworthy WITH an MOT??? MOT is an instant snap shot of the car on the time and date of the test. So the lawyers and judge were full of shit

 

it carries a fine but no points, and the fine shoud be passed on to the owner of the vehicle which in this case is the lease company although ultimately its the drivers responsibility to make sure the vehicle is mot'd and insured

 

im sure they will get away with it,maybe a small fine.it happened to one of our vans couple years back

 

A company vehicle driver cannot be held responsible for no insurance if he had no reason to believe it wasn't insured;
i.e company not in financial trouble, fleet of many vehicles, car or van was taxed.
It would probably apply the same to MOT, unless the driver had sole use of the vehicle and arranged it's servicing.
Tax is different as the driver can clearly see if it is taxed.

Road Traffic act 1988;
(3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b) that he was using the vehicle in the course of his employment, and
(c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.



.

 

As already said my insurance don't require an mot either, so wouldn't invalidate my insurance, despite what many think on the matter.

 

no mot doesnt automatically invalidate your insurance, read your small print. no points and a £60 fine for no mot usually.
my work partner had an insurance pay out after writing of his evo8 then finding out the first mot was due 3 months previously. insurance paid out £14000 minus the cost of an mot test(£50).

 

Yup, as Focus V8 said - the company has a duty of care to make sure all the vehicles driven for work purposes are legal (in terms of paperwork). It has nothing to do with the driver if anything runs out. Bald tyres and such like are the driver's responsibility, but not MoT and stuff.