i borrowed my friends van and was pulled by the police and told there was no m.o.t on it i am on my partners ins fully comp yet i have been charged with no m.o.t or insurance even thou i said the van was not mine and my friend say when i paid for van after sale it was suppose to of had a years test on it so where do i stand with this
If someone loads a lorry, you drive it up the road and the load falls off YOU ARE RESPONSIBLE you should have checked it you cannot blaim the person who loaded it. The same applies to m.o.t.
oh yes , but in this case , it was my neighbours , cousin , grandfather ,,, who transfered this van , without mot ,... on it to me ,... and my boyfriend has a fully comp...........
every one is giving the same information./advice which is 100% correct elisking77..is just not listening...Obviously they dont understand the rules & laws of the road and therefore shouldnt be driving on it..
1) You are the one who was unfortunately driving a car with no MOT, and the offence is "driving with no mot" not "owning with no mot" therefore it is you who has unfortunately copped the flack on this one, despite trusting your friend. I'm sure in the future this will have taught you a valuable lesson. Unfortunately according to the law, having your friend just tell you it has an mot even if he sincerely believed it to be true dosent mean he will get the punishment]
2)if you are adamant that the insurance you have entitles you to drive other peoples cars, and your insurance makes this explicit, then the second "charge" can be easily cleared up by producing the certificate/policy that says this. If the policy does not state this, and you just assumed you were insured, again i'm afraid you still have to cop the flack because you were driving without insurance
I'm fairly sure that one of the questions on the insurance is 'use of other vehicles'.
If they've ticked this, and are fully comp on their own ins, they may both be able to drive on 3rd party cover any vehicle with the owners permission.
This defiantely applies to the wife, but maybe/maybe not with the hubby.
All in the small print.
another Q though.
I recently had use of hire cars provided through my employers.....is it my job to check roadworthiness before driving? (mind you they were all new cars so forget about the mot part)
I've never heard of a named driver on someone else's policy (even if it is his wife) having the right to drive another vehicle on that policy. She probably does, he wouldn't.
In answer to Munchie, it is the drvier's responsibility to ensure the car is roadworthy and the drvier who is committing the offence by driving the vehicle if it isn't. Reliance on someone else to make sure it is roadworthy is not a defence. At least so far as I am aware anyway. I'm not an expert in the area though.