will i get points for no mot aswell

[stuvwxyz]

i have just been caught for speeding on motorway and given instant fine and going to have 3 points, i have just found out that the car who is owned by my father didnt have an mot on it, he purchased it from a garage in october 05 as a used car,and was told it would be sold to him with a years mot on it, after me getting stopped is then that my father discovered the mot was out of date by 3 weeks, obviously the garage did not put a years mot on it, what can i do ? will i get points as well as a fine for no mot ?

[oldhamfan]

As far as I am aware, having no MOT is not endorsable, i.e. no points, you may get an increased fine?

[JudgeJ]

oldhamfan ios quite right. Having no MoT is an offence which does not carry an endorsement.

[chazza]

No MOT means that your insurance is invalid though so you could be done for that

[spaced]

an expired MOT renders your insurance null and void, so you may get done for that. Whenevr a car is purchased you should always check everything single bit of paper work and never take what the seller says as true...always check. I advise you give your dad a bit of a telling off mate!

[Grunty]

I think we really need a further opinion from JudgeJ, but my reading of the Road Traffic Act 1988, section 148 indicates that chazza is wrong.

http://www.opsi.gov.uk/acts/acts1988/Ukpga_198 80052_en_7.htm#mdiv143

[SurreyGuy]

I had a car written off after an accident. My MOT had expired, but the insurance company said that was irrelevant.

Maybe it's down to each compnay as to how they view it?

[JudgeJ]

Both chazza and spaced are incorrect. The lack of a valid MoT does not invalidate one's insurance. Nor does not having a driving licence, or a tax disc. The only thing that does automatically invalidate insurance is if the driver is disqualified (which is not the same as having no driving licence).

To check this out, take a visit to your local magistrates' court one day when a traffic court is sitting. You will find numerous cases of no MoT and/or no licence being prosecuted, without the far more serious offence of no insurance being automatically applied.

[Coobeastie]

The courts may not prosecute you for not having insurance if you're not taxed/mot'd (because you may actually have taken out a policy) but I'd wager that not having them would be in breach of your policy.

[mikesamson]

please see http://www.highwaycode.gov.uk/28.htm(hash)5