Just accidentally bought a Scirocco for

[White2505 0]

Define reasonable?????

 

Hence my point about case law, If I was at work I'd check the legal database to confirm it. To the best of my knowledge case law has not yet been written as to what 'reasonable distance' actually is in this particular circumstance.

 

to you 10 miles is reasonable, to someone living in the highlands or deepest darkest cornwall your nearest MOT testing staion could be 20 miles away. The law remains the same for everybody.

 

The point is, in order to be prosecuted on something subjective like 'reasonable' previous case law will have set a precedent as to what that may be.

[White2505 0]

Hit the submit button to quick!!

 

so to finish off.

 

Where case law does not exist it waits to be set.

For this to happen it would require a police force to make the decision to prosecute you for driving what they deem to be an unreasonable distance and to then win that case. this would then set case law because a judge would have to define what reasonable is so that they could then say the distance you travelled was'nt.

 

Hope that makes sense

Just wish I knew for certain whether case law had or had not been set on this issue

[Yandards 0]

I think if you fail an MOT on say, a passenger seat belt or something along those lines it is unlikely that plod is going to book you for driving the 138 miles home to carry out the repairs, but it is down to the officer on the day. The big one is to make sure you have the insurance or they will nail you for it.

 

You could in theory drive a car to one end of the country to another if you had a classic car and the only specialist able to carry out the repairs was in the wrong end of the country!

[Pastymuncher 0]

I doubt whether any case law will give a definitive answer in terms of distance, the cases will most likely just set out the factors to be taken into account - what is "reasonable" will depend on the circs and hence be decided on a case by case basis. Driving 150 miles from the point of sale to an pre-booked MOT centre near home and/or the repair centre may be reasonable, whereas driving 150 miles to an MOT centre, bypassing others, just because your brother-in-law runs it and always makes a nice cuppa while you wait is probably stretching it.

 

Unless there is an obvious safety issue with the car and provided you are insured, I would just drive it - every mile nearer Slough you get before you are stopped , the more "reasonable" the distance left to go gets! Erm....

[White2505 0]

Thats the whole point of case law, it sets a precedent for future similar cases.

 

In order to prosecute someone for what is or is not reasonable YOU MUST define in law what 'reasonable' is.

 

to do otherwise would be like saying we are going to prosecute you for speeding without telling you what the speed limit is!!

[davidwort 0]

I doubt whether any case law will give a definitive answer in terms of distance, the cases will most likely just set out the factors to be taken into account - what is "reasonable" will depend on the circs and hence be decided on a case by case basis. Driving 150 miles from the point of sale to an pre-booked MOT centre near home and/or the repair centre may be reasonable, whereas driving 150 miles to an MOT centre, bypassing others, just because your brother-in-law runs it and always makes a nice cuppa while you wait is probably stretching it.

 

Unless there is an obvious safety issue with the car and provided you are insured, I would just drive it - every mile nearer Slough you get before you are stopped , the more "reasonable" the distance left to go gets! Erm....

 

the new DVLA system is going to be linked to licence plate recognition systems so if you have no MOT, Tax or insurance you could get a fine through the post if your car's picked up, this has been trialled in Northampton nr me already and used to catch criminals, based on the fact that dodgy cars often contain even more dodgy people.

[dinkus 10]

Ah sod £170 mate! Just drive it and be done with it.

 

Chances of getting caught are very slim anyway, so make sure you've covered yourself as far as you reasonably can (i.e. insured it, have the MOT booked).

 

If you get caught by an automatic VOSA POS then you have good grounds to dispute it.

[dr_mat 0]

Might be an idea to make sure that it's safe first - brakes work, steering works, etc etc... ;)

[Dec 1]

The guy gave me a paypal invioce...so I just payed him through that!!

 

But he has just got back to me saying he wants cash in hand though!.....So looks like I'll be out there anyway!!...so I may as well chance driving it :wink: :wink: :wink:

[vr6storm 0]

or save the chance of a fine and get it MOT'd in Slough.......surely someone on here is from Slough and can sort out a MOT at that end for him,afterall..........you'll still have to pay for one regardless

[bcstudent 0]

Not from Slough, but my mate's dad owns an MOT testing station near Norwich :)

[dinkus 10]

Might be an idea to make sure that it's safe first - brakes work, steering works, etc etc... ;)

 

or save the chance of a fine and get it MOT'd in Slough.......surely someone on here is from Slough and can sort out a MOT at that end for him,afterall..........you'll still have to pay for one regardless

 

Well that's just being sensible now, isn't it?!

 

The problem is, if it fails the MOT, then you can't get it back from Slough...

[Dec 1]

The problem is, if it fails the MOT, then you can't get it back from Slough...

 

 

Think thiings are geting mixed up here!!....I need to get it from Norwich to slough :wink: :wink:

 

Yeah, not sure if it would pass an MOT.....so that could be a prob if I did it straight away in Norwich!!!

[Walesy 0]

I still think the best option is for you to join whichever breakdown service it is that insures you and not your vehicle , get the train up there...then ring the breakdown , tell them the car's overheating and you need a tow.

[vr6storm 0]

well if he paypal's someone from the forum to sort out booking it in for a MOT on his behalf............get it tested etc find out whats needed,get the MOT station to repair it(obviously if its economically worthwhile) then pick it up when its all legal to drive 130+ miles.....job done!

[dinkus 10]

Ah sorry, yeah got the places the wrong way round.

 

Theguitarmanuk - good suggestion :)

[Dec 1]

Will they care about the lack of tax though?

[vr6storm 0]

I still think the best option is for you to join whichever breakdown service it is that insures you and not your vehicle , get the train up there...then ring the breakdown , tell them the car's overheating and you need a tow.

 

of course they might suss he's got a scam going by the fact its not tested :D

[Dec 1]

well if he paypal's someone from the forum to sort out booking it in for a MOT on his behalf............get it tested etc find out whats needed,get the MOT station to repair it(obviously if its economically worthwhile) then pick it up when its all legal to drive 130+ miles.....job done!

 

Also a good idea!!....the guy selling it seems to be wanting to get rid of it pretty quickly though!

[Walesy 0]

of course they might suss he's got a scam going by the fact its not tested

 

 

I've been towed countless times and have never had to show any form of tax or m.o.t or anything else for that matter (( passport , birth certificate, licence )) :wink:

 

The suggestion comes from previous experience having been in the same situation.

[Steve16v 0]

Dec you have always been a bandit :wink: Good luck with the trip but be wary of :lcop:

[vr6storm 0]

of course they might suss he's got a scam going by the fact its not tested

 

 

I've been towed countless times and have never had to show any form of tax or m.o.t or anything else for that matter (( passport , birth certificate, licence )) :wink:

 

The suggestion comes from previous experience having been in the same situation.

 

 

think they're getting wise to this practices...............as i know the AA now want to see proof of ID as well as ur membership card when they turn up

[Walesy 0]

Furry muff, just give them your membership card and driving liscence. Just from experience it worked for me, every time I've called one out as soon as they turn up I ask them to put the car on the back and get me outta there, I don't want them messing with my car, i'll only ever ring them if I have a serious problem that can't be fixed on the side of the road...

 

Besides...like I siad, if he tells them that the cars overheating and he doesn't want it started as to not cause any more damage, then they will whack it on the back and get him home....well ....they did in my case...

 

 

It's at your own risk if you rely on it though dude.

[Walesy 0]

Also not all breakdown guys are mechanics...alot of them really haven't got a clue about engines..they are just there to tow you....I was told this by the guy that towed me when I broke down in the middle of france...we had some time to kill. :D

 

(( the mechanic guys command a higher wage ))

[Geo 0]

Ah just drive the feckin thing back Dec and don't be worrying about it :D