# Returning to UK without current MOT



## leseduts (Jun 3, 2008)

Due to unforeseen problems in UK we are going to have to leave a car in France for a couple of months. When we can take it home it will be out of MOT. If we have a prebooked MOT in Yorkshire will we be legal to drive from Folkestone to the garage, or will we have to book it in a garage in Folkestone. I seem to get different answers including from the police and DVLA.
Any advice would be appreciated.


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## olley (May 1, 2005)

Hi asprn looked into this sometime ago, and his conclusion if I remember rightly was that you could drive any distance to the garage, it didn't have to be the nearest one to you.

Olley


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## Mike48 (May 1, 2005)

Does that mean you will be driving the car in France without an MOT (which in unlawful) and therefore insurance and possibly even road tax?


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## leseduts (Jun 3, 2008)

The car will be taxed and insured, but I understand your point that the insurance could be invalid if no MOT. I am in a bit of a cleft stick.


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## Briarose (Oct 9, 2007)

http://www.pistonheads.com/gassing/topic.asp?h=0&t=547910


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## thieawin (Jun 7, 2006)

The French police will not be interested in MOT status, just that it is fit to drive on French Roads as long as you are insured

Your insurers are unlikely to avoid your policy just for no MOT, it would have to be in bad condition. After all they cover from set off point/home to testing station, logically, in UK, for expired certificates

The distance in UK is not specified in the legislation. To be absolutely safe I would suggest you do obtain a test nearer to or in port.

A camera somewhere will take your number, check it, note no MOT and the further you go the harder it is to argue. If you do the treck up to Yorkshire make sure you have a a written appintment to produce as the liekelihood is you will be stopped. Also keep your ticket to show time of arrival in UK. Drive directly to the MOT, do not pass go or deviate or stop over night.


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## bikemad99 (Aug 17, 2006)

"the likelihood is you will be stopped"

More chance of being struck by lightening!!


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## Carper (Aug 15, 2007)

Hi

Why don't you just get your MOT here <<Tomsetts>>. They are about 4 miles from the M20

Doug


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## DTPCHEMICALS (Jul 24, 2006)

Às long as you are driving to a pre booked mot station, and not stopping at home on the way for a nights sleep you are ok.
My mates an mot inspector.

Dave p


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## badger750 (Nov 1, 2009)

as said its not the police stopping you its the camera system that will and it will all get sent in the post it will make it harder to get out of it due to distance from the port to home/garage the insurance can and will void cover if you are involved in an accident with no mot


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## H1-GBV (Feb 28, 2006)

What is your plan if it fails the MOT close to the port? Will you put up in a hotel for a week while it's fixed, or use public transport / hire car to get home?

Personally, I would head for a centre near home, carrying written confirmation of appointment. Having said that, one of my MOTs had run out when we returned from Spain, so I was nervous driving a SORNed, un-MOTd vehicle 3 miles. Fortunately, it passed, and I stopped to get a tax-disc on the way home.

Good luck, Gordon


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## loddy (Feb 12, 2007)

I always thought it had to be a garage local to your home address

Loddy current MOT tester


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## JohnsCrossMotorHomes (Jul 21, 2007)

H1-GBV said:


> What is your plan if it fails the MOT close to the port? Will you put up in a hotel for a week while it's fixed, or use public transport / hire car to get home?
> Personally, I would head for a centre near home, carrying written confirmation of appointment. Having said that, one of my MOTs had run out when we returned from Spain, so I was nervous driving a SORNed, un-MOTd vehicle 3 miles. Fortunately, it passed, and I stopped to get a tax-disc on the way home.
> Good luck, Gordon


It is perfectly legal to drive a 'Sorned' un untaxed and expired MOT vehicle direct to a MOT station on a *pre-booked appointment *, it is also legal to drive it away if it fails to get it rectified for a re-test.

However you would be very stupid to drive it away if it had failed for major safety defects like brakes and worn tyres.

Peter


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## erneboy (Feb 8, 2007)

It seems very odd to me that we cannot get an MOT equivalent in Euroland without having to go to the UK specially. 

Or at least I think you can't. Regards, Alan.


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## badger750 (Nov 1, 2009)

i think the main problem will be the distance as its not close to home 
if you wanted to move a vehicle from one place to another with no mot you could just book it into a test station near your destination and it would be legal ? 
i think it implies that it must be within a certain reasonable distance from your home address


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## weldted (May 1, 2005)

*mot?*

as I understand it the law is that a vehicle has to comply with the requirements of the country it is registered in, if you are allowed to drive to a pre-booked MOT station you are complying. There was a test case some years ago where a motorist stopped to buy some cigarettes on his way to an mot and was done for no tax, the court dismissed it as there is no definition of how the journey is made as long as it complies in all other respects?? I am sure this will provoke more debate


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## Losos (Oct 28, 2009)

badger750 said:


> as said its not the police stopping you *its the camera system* that will and it will *all get sent in the post *it will make it harder to get out of it due to distance from the port to home/garage *the insurance can and will void cover if you are involved in an accident* with no mot


So do I undertand this correctly:-
a) Every vehicle leaving the docks or the tunnel is automatically photographed :?: 
b) Every vehicle which has no MoT is automatically sent a fine :?: 
c) If the DVLA records show no MoT then the insurance company will not pay out on a claim :?:

It all sounds very draconian to me, what a world we live in.


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## DTPCHEMICALS (Jul 24, 2006)

We only have to abide by the rules.
Just think, If you were involved in an accident on the way home, not your fault, and someone was injured in the other vehicle.
Where is the insurance cover going to be.
Insurance companies take in good faith that the vehicle will be of roadworthy condition and taxed. When one or the other is not complied with watch the big fan.
Sorry sir you have had 12 months to re mot your vehicle

To ensure that you are covered simply phone the insurance company.

dave p


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## leseduts (Jun 3, 2008)

Thank you everyone for your thoughts. The car is a 4 year old Volvo with only 14,000 miles on the clock, so it should sail through its MOT once it is home.


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## thieawin (Jun 7, 2006)

So do I undertand this correctly:-
a) Every vehicle leaving the docks or the tunnel is automatically photographed :?: 
b) Every vehicle which has no MoT is automatically sent a fine :?: 
c) If the DVLA records show no MoT then the insurance company will not pay out on a claim :?:

It all sounds very draconian to me, what a world we live in.[/quote]

a. Yes and several times per journey in UK

b. No but if it the police who see you they will chase. Think it through, you may be on way to an MOT so they will not post

c. Insurers will not avoid, they may cancel, for no MOT. Of course that makes it more difficult to get insurance, but it is extremely unlikely

NB do not make enquiry in advance of insurer as they will give worst case sceneraio answer and then you are stuffed if you drive as they will avoid

NBNB how could abroad centres do MOT's how could DOT enforce standarsds and check. Each country has its own different C&U and MOT, ITV etc regualtions and requirements

NBNB NB when I suggested doing the long drive to MOT station with all documentation and not passing go, I was not thinking of a stop at a petrol station but say, an overnight, or visit to friends as the sort of thing it could end up being illegal for


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## b16duv (Feb 14, 2006)

Why not take the ferry from Zeebrugge to Hull (which is in Yorkshire) you are then much closer to your 'home' MOT station?

David


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## Rainbow-Chasers (Sep 2, 2008)

You best option would be as rotha said above, or to a station near the port - there will be one around, as you won't be the only person after an MOT after a trip abroad!

You can get details online, or even find a l;ocal car dealer online and ask him where the best place to go is!

UK roads and motorways have ANPR cameras - the police would seize the vehicle, and it would have to be mot'd before you could release it. It would cost around £105, plus £12-20 per day storage until this si done.

Say at worst, your vehicle failed in dover, i cannot see any reason they would seize if you are returning from an MOT station after a minor failure, that is the risk you take!

But even if you put it in twice, £100 is better than £200!


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## rft (May 4, 2006)

badger750 said:


> the insurance can and will void cover if you are involved in an accident with no mot


Not necessarily true. They would need to show that an accident was caused by something that a current MOT would have covered. However, an MOT certificate only proves that a vehicle passed on the day that it was issued. The Insurance Ombudsman would rule against an insurer that voided a claim but was unable to prove that the lack of same was a contributory factor.

I agree that the best place to get an MOT done is a garage at the port of re-entry, irrespective of how far you may legally drive.


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## camallison (Jul 15, 2009)

I was in exactly the same position as you when I returned from Germany with a British registered car. The DVLA and UK police advised me at the time to phone/visit the AA office at the port of arrival and take out insurance for the journey from the port to the MOT test station (anywhere in the UK) on the chassis number (NOT the registration number). This is the same process as for permanently importing a foreign registered vehicle. That way, you are covered for the journey (to the MOT test station) no matter what camera/policeman catches you. I travelled from Hull to Teesside at the time and dropped the car at the garage/MOT test station on arrival so there was no argument about DIRECT. Home was only a few miles away and so my brother-in-law collected us and baggage from the garage.

Colin


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## Mike48 (May 1, 2005)

Don't insurance companies require your vehicle to be roadworthy? Say you wrote off your vehicle with no MOT. Roadworthiness would be very difficult to prove.

You will also be committing an offence while driving the vehicle in France.

Would it be possible to employ someone to drive the vehicle home for you while the MOT is current? The Caravan Club hold a list of private individuals who work for their Red Pennant organisation who work only on an expenses basis. If you are a member I would give the Caravan Club a ring.

There is no way I would risk driving a vehicle without an MOT. If you were involved in major accident involving serious injury or loss of life an insurance company would use every trick in the book to avoid paying out.


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## Mrplodd (Mar 4, 2008)

I came up against this matter a few years ago. I recovered a stolen rally car, the insurance company had paid out to the original owner and the cheeky git of a thief then bought the car off the insurance company !!!!!

He turned up to take it away and drove off without an MOT but he DID have an MOT pre-arranged over 200 miles away. Trust me I tried VERY hard to prosecute him but was unable too bacause of how the law is wordeD Grrrrrrrr !!!!

After exhaustive research it transpired that there is NO mention in the actual statutory instrument of any distance.

The offence is "using a motor vehicle without there being in force a current test certificate"

THERE IS A STAUTORY DEFENCE THAT AT TIME THE VEHICLE WAS BEING USED IT WAS GOING TO OR FROM A PR-ARRANGED TEST.

It is up to you to present that defence (and proof) if you are ever confronted by the Police (who are the ONLY authority who can prosecute you for that offence)


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## thieawin (Jun 7, 2006)

There is no offence of driving a vehicle in France without an MOT. Stop trying to scare the op.
Please

There is an offence of m not having the quivalent Frnch certificate, which we are exempt from with a temporary import as long as we do have aUK MOT.

However are the police in France absent accident going to check, they aren't on the computer link

I agree in a serious accident with construction and use issues and no MOT the insurers might avoid, but it is muv ch more unsusual than any of you think

I have known it twice in 30 years of representing drivers in civil and criminal proceedings


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## rft (May 4, 2006)

gelathae said:


> Don't insurance companies require your vehicle to be roadworthy? Say you wrote off your vehicle with no MOT. Roadworthiness would be very difficult to prove.
> 
> You will also be committing an offence while driving the vehicle in France.
> 
> ...


1) An MOT certificate confirms that your vehicle was roadworthy on the date the certificate was issued. No more than that.

2) Insurance companies do not use _tricks_ to avoid claims.

3) Have you heard of the Motor Insurers' Bureau?

I am not suggesting that anyone should contemplate driving uninsured, however, please do not post inflammatory or misinformed statements and suggest that they are fact.


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## raynipper (Aug 4, 2008)

There is a specific insurance company in France that will insure UK registered vehicles as long as they have a current French MOT (Control Technique).

Not sure about the legality but several Brits I know go this way.

Ray.


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## Mike48 (May 1, 2005)

rft wrote:

1) An MOT certificate confirms that your vehicle was roadworthy on the date the certificate was issued. No more than that.

2) Insurance companies do not use _tricks_ to avoid claims.

3) Have you heard of the Motor Insurers' Bureau?

I am not suggesting that anyone should contemplate driving uninsured, however, please do not post inflammatory or misinformed statements and suggest that they are fact.[/quote]

..........................................................................................................

Thanks for clearing this up. It was my understanding that a vehicle could only be used in Europe if was legal in the country of registration. My garage's annual letter to me about an MOT reminds me that driving a car without an MOT invalidated the insurance. However, I bow to your greater knowledge as it was not my intention to mislead anyone.

I am also grateful to you for telling me that insurance companies do not use _"tricks"_ to avoid paying claims. Clearly the media coverage on this very subject is incorrect. I think there might have been something on Watchdog recently but am prepared to accept that these stories are not representative. On the other hand, it must be an issue as the recent TV programme I saw indicated that the Government are discussing with the insurance industry some kind of code of practice or legislation to clarify some of the grey issues that insurance companies use to avoid paying out.

As for the Motor Insurance Bureau I don't think that anybody was even contemplating such an issue but I am aware of its existence through personal experience.


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## thieawin (Jun 7, 2006)

ah, I see, you've taken legal advice... from your local garage!

Yes you are right about a temporary import having to be in compliance with its home regularions, but there aren't crimes of not being.

There are loacal crimes in each country, your home compliance exempts you from compliance and is a defence


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## Traveller_HA5_3DOM (May 9, 2005)

I think some of the replies are missing the point here. 
The vehicle must be roadworthy to be legal on the public roads, this is true both in the UK and Europe. This is the factor that may affect any insurance payout. A recent MOT may be accepted by the Insurance but they can also have the vehicle examined and argue unroadworthiness on the findings. 
The User of the vehicle is the person responsible for ensuring it's roadworthiness every time it is used on the road. That's why you do not wait 3 years for your first MOT to replace a bulb that blows on a new car. 
If you drive to an MOT station with a pre-booked appointment it will not protect you from prosecution if you are stopped on the journey and have faults present. The only thing you are not guilty of is not having an MOT and as previously stated you need to present this as a defence when summoned. 
Some of the things tested by the MOT station will be difficult for you to assess yourself ie. lights alignment, CO emissions, steering joints wear and brake balance. So err on the side of safety unless you are able to check your vehicle to the extent of an MOT tester.


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