Police do they have the right

Discussion in 'General Chat' started by sianba, Feb 12, 2009.

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  1. sianba

    sianba
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    Hi
    Quick question, if you drive a car with no MOT but car in good condition and police stop you have they the right to take your keys and drive off with car and impound it at a charge.

    I always thought they take your licence and insurance report you and gave you certain days to get it done or leave car at roadside til you get it picked up, but never thought they have the right to take the car itself.

    Is this right.

    Sianba
     
  2. Iccz

    Iccz
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    Not MOT = No Insurance.

    Simple answer.
    Yes.
     
  3. Loftusrd1980

    Loftusrd1980
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    I would presume it is illegal and you there fore would be charged as you would if you had no insurance I hope so anyway !
     
  4. smallclanger

    smallclanger
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    Absolutely.

    Although Police can see for themselves, tyre wear, working lights etc they are not trained mechanics and cannot know how well your brakes are working etc
     
  5. RichardK

    RichardK
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    The only time you are allowed to drive a car without an MOT is if you are going to or from a pre-arranged MOT test.
     
  6. Bilbob

    Bilbob
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    If the car has no insurance they will ask you if someone who IS insured can come and get it... seeing as it has no MOT, then it CAN'T be insured, therefore they will just take it...
     
  7. Iccz

    Iccz
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    Driving a car with no insurance, mot, tax or license is impoundable, you don't even get the option (maybe depending on the cop)
     
  8. loz

    loz
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    Well it always used to be the case you had n days to present your documents at the police station.

    Does the law require you to carry your licence, insurance certificate and MOT on you now?

    If not, I don't see how they can impound your car until you have had the opportunity to present your documents.

    On the other hand, I guess they can work it in reverse. That is, impound your car and then they will release it on presentation of documents.
    I guess that is the best way if they suspect the driver might never turn up with their documents otherwise.
    Though I suppose nowadays they just go on what the computer tells them. If the computer says no MOT found. Then impound...
     
  9. Artie Fufkin

    Artie Fufkin
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    I would imagine that the police will know from their on-board computer that the car has no MOT.
     
  10. Mep

    Mep
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    I would think they know from their database whether a car has MOT / Insurance or not.
     
  11. Iccz

    Iccz
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    Yep it's all on the database, they wont impound if there is any doubt but they will make you prove otherwise, even if it means calling your insurance company at the roadside if there is a debate, then they can confirm things.
     
  12. fencer90

    fencer90
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    They know instantly because the Data base is on line , and NO Mot means invalid insurance. The PNC is linked to the DVLA and the Insurance Industry data base , one quick call to the PEC room will confirm all this ........Your Nicked sunshine as they are alleged to say !
     
  13. Artie Fufkin

    Artie Fufkin
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    Slighty off topic, but a car is not insured, a person is.
     
  14. Iccz

    Iccz
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    Are you telling me an insurance company would see insurance as valid on a car that does not have an MOT?
    I don't think so...
    That is a potentially unsafe vehicle.
     
  15. Artie Fufkin

    Artie Fufkin
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    No. :)

    The person will be insured to drive a legal vehicle. No MOT makes it obviously illegal. But I stand by my statement.
     
  16. Iccz

    Iccz
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    Sorry I was a bit confused with the context regarding this thread, if the car is taxed and passed a MOT sure an insured driver can drive it, I was just thrown out because the whole thread was about not MOT :smashin:
     
  17. guitarcarfanati

    guitarcarfanati
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    Not entirely correct. Depends on the wording of your insurance policy. My policy, for example, states the car must be roadworthy. An MOT is not a proof of roadworthyness as stated on the MOT it merely states that it has passed very basic safety tests on teh day it was tested. A car with MOT could still be unroadworthy.

    This is why my insurance would still be valid if I drove it without an MOT. The only time this would be legal under law would be when driving to a pre arranged MOT appointment but my insurance doesn't descriminate when my car is covered, it merely requests that the car is roadworthy.
     
  18. Iccz

    Iccz
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    So you're saying if the insurance doesn't state that you need MOT, you don't actually need to have passed an MOT :confused:
     
  19. Strobe

    Strobe
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    I think you would be on a very sticky wicket getting a claim paid if the car was not MOT'd. For example, your insurance runs Jan to Jan and your MOT expired in June. If you do not get the MOT renewed the car is then illegal to drive on the road (save for to/from the MOT test) and therefore NOT INSURED. If the car was 'laid up' and not in use on the Public Highway, then I suppose you could make an arguement if it was nicked or damaged by a third party whilst static (but you would have to make the insurance company aware that the vehicle was 'laid up'). All ramblings off the top of my head but pretty sure I'm correct.
     
  20. Iccz

    Iccz
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    I think it comes into the Road Traffic Act, I can't be bothered to look into it but i'm sure it states in there you need an MOT.
     
  21. eric pisch

    eric pisch
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    alot of people in the industry (google it) are saying you are still insured with no mot, they may 80% likely only cover you third party in the event of an accident unless you have a good excuse (ie going to mot station)

    regardless driving with no mot (unless to get a test or a repair) is an impoundable offense.
     
  22. guitarcarfanati

    guitarcarfanati
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    My insurance requests my car is roadworthy. That is all. I'm not saying I could drive it as it is illegal to do so BUT if I did choose to drive it, I still have insurance (providing the car was roadworthy).
     
  23. guitarcarfanati

    guitarcarfanati
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    yeh you do need MOT to drive a car on the road (except in certain conditions - Mot station etc)

    What i'm saying is if you did choose to drive without MOT and got stopped by the police, they could fine you for lack of MOT but the insurance is still valid.
     
  24. guitarcarfanati

    guitarcarfanati
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    The key point is the car is insured as long as it is roadworthy. Obviously if you drive it about without MOT your breakign the law but your insurance would still be valid.
     
  25. guitarcarfanati

    guitarcarfanati
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    Exactly. Otherwise, how are you able to drive your car without MOT to get an MOT? It is allowed under law but if your insurance didn't allow you to drive an un MOTed car, you would be buggered. Hence the "roadworthy" clause adopted by alot of insurance companies.
     
  26. Iccz

    Iccz
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    I thought that driving to the MOT station was the only exception, and I find it shocking that insurance companies have such flawed contracts as to let drivers drive around without an MOT, there should be a law against that.
     
  27. Strobe

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    Knowing how Insurance Companies work (and I've been in the industry for 20 years) I am not saying whether you are right or wrong but it remains the case that if you had an accident and your vehicle wasn't MOT'd I couldn't see an Insurer paying on the basis that (a) the vehicle was illegal or (b) the vehicle could not be shown to be roadworthy (rightly or wrongly the MOT is there to show that at the time of testing the vehicle is/was safe to use on the road).

    To think you are insured because the vehicle is 'roadworthy' in your eyes but does not have a current MOT is in my view a little short-sighted (even though it might be a strict interpretation of the Policy wording). Policies also use stock words/phrases such as 'due care' and 'reasonable' which are often used by the Insurers as 'get outs'.

    Me ... cynic ... never!
     
  28. guitarcarfanati

    guitarcarfanati
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    It doesn't really allow them to drive around though. It's still illegal as no MOT is an offence. It just means that while the police could "do them" for a lack of mot, they could not "do them" for lack of insurance.

    It's all pretty messed up TBH.
     
  29. WillieCocker

    WillieCocker
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    Can they: Yes
    Should they: Abso-****-lutely
     
  30. Iccz

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    Which is why it should be made a law to tighten up the contracts of insurers, I dont want someone driving around with no MOT hoping not to get noticed by the coppers because they know their insurance can still cover them :thumbsdow
     
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