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Rusty c15 MOT fail HELP

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    #31
    Fantastic knowledge and research 602.
    However one snippet I DO know is that driving an unlicensed car for an MOT is limited to the NEAREST testing station.
    No good booking a test in the Brecon Beacons to drive a an untested car there to look for yellow lines!

    But here is one for you to sort out:-
    I have frequently driven motor hearses - some of them capable of over 100 miles per hour (a Daimler Dr450 V8., 4.5 litre, in particular in mind). Virtually all hearses are (luxury) car derived, and capable of very high speeds and are GOODS vehicles taxed by weight.
    I NEVER had any idea of any particular speed restrictions and I am fairly sure that I have exceeded them many times. Obviously not on funerals, but on runs all over the Country on all kinds of roads, including Motorways prior to the 70 limit, to collect people who sadly had passed away far from home.
    Ah well. I was never stopped. So maybe the Police did not know either.
    JimW.
    Keeping people waiting is stealing a part of their lives.

    Comment


      #32
      I bought a Bambi Several years ago with a rust hole in the front panal aroundione of the wiper motor spindles.

      As i didnt have time nor the inclination to work on it over winter i taped up around the hole with gaffer tape and left it parked up untill the weather improved.

      Six months later when i went back to it the leak had cause a puddle inside to rust through the floor righ above the main chasis member sub frame and this to had compleatly rotted, making it to expensive for me to repair myself.

      I sold it on ebay clearly describing the problem and a man bought it who had the ability to do all of the weding repairs himself, and he took it away on a trailer.

      Comment


        #33
        Hi JimW,

        From memory, Vehicle Excise and Registration Act 1994, Shedule 2, Para 22 ( I think) covers travelling to/from an MOT, and to/from a place where the necessary repairs are to be carried out. This MAY over ride the requirement for a vehicle to be roadworthy ... I ain't going to chance it. Nowhere does it make any reference to how far you may travel, or not travel, to an MOT, or to your mate's house to fix it. However, magistrates have been known to put their own interpretation on the law.

        Also interesting reading is Road Traffic Act, I think 1998, Para 148, which I THINK says that your insurers cannot refuse a Third Party claim, as long as you hold a licence to drive whatever vehicle you were driving.
        (Being twice the legal alcohol limit does not obviate your Third Party cover, but don't bother claiming for Own Damage.) The insurers can claim against you to recover their losses.

        A Welsh garage proprietor was clocked while driving at close to 100mph in a hearse. He was told not to do it again. Is a hearse a Car Derived Van? If it is, there may still be weight limits that prevent it being allowed to travel at car speeds.

        Many years ago, I read that there had been over 1000 convictions for speeding in Italy in one year ... all hearses ... all in cemetery grounds.

        Hi Donks Dad (presumably your real name is Jack?). That is the way that a "scrapper" should be sold. Every body wins.

        Now .... who knows who can drive an Invalid Buggy? One bit of official advice says the driver must be disabled. But another bit of official advice says the driver must be receiving some sort of Disablement Benefit. Not exactly the same thing. If receiving benefit is the criteria,then a millionaire with no legs would have to claim benefit that he doesn't need, before being allowed to drive a buggy.

        602

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          #34
          Your depth of investigatios into Motoring Law is amazing and beyond my will to do likewise.
          However, I was an MOT tester right from the early days and for several years.
          I remember quite positively that permission to drive an untested vehicle on the road WAS limited to the nearest MOT Station.
          We always warned anyone booking a test for a vehicle with no MOT that they must use the nearest station.
          The other proviso for driving untested vehicles for test is tha they are (were?) pre-booked for the test. Quite a few times we had queries from the Police checking on cars seen on the road with an expired Road Fund Licence were booked in for a test.
          Of course the Law may have changed since I last performed that function in 1982.
          JimW
          Keeping people waiting is stealing a part of their lives.

          Comment


            #35
            No My Real name is Peter.

            Donk's Dad refers to the Vehicle !

            We call him Donk (short for Donkey) as he does all of the work carrying either the works Fibreglass Van Body or the Demountable Roma Home Camping Pod !

            Comment


              #36
              Hi Peter,

              Male donkeys are called JACK. So to be a donor's dad, you should have been an "entire" male donkey. It is unusual for a horse to fancy a Jenny ... but not unknown. I think the result is called a "ginnet" ... remind me to check.

              602

              Comment


                #37
                Unfortunately ....I am not that well endowed

                Comment


                  #38
                  There are two distinctly different points being discussed here.

                  One - can the vehicle be repaired, made road worthy within a reasonable budget, and is Ian prepared to pay out so that he can get some use out of the van, get on the road and start enjoying his purchase?

                  Two - is he entitled to financial redress from the seller. AND if he is, does he stand a chance of getting any money back in the near future?

                  If the answer to One is no, the vehicle cannot be repaired within a reasonable budget, then ...........

                  Three - can he take legal action against the seller to get his money back, and, once again, does he stand any chance of any legal action being enforced without a great deal of grief and heart ache?
                  Last edited by Vanderella; 16-06-2015, 16:56.
                  Mary

                  Comment


                    #39
                    Hi,

                    Wrong! Google says the offspring of male horse an female donkey is a HINNY.
                    Maybe I was mumbling. :-)

                    Hi Twolitre,

                    I won't argue about MOT testing in 1982. I do know that laws change. At one time, an MOT failure being taken to where it was to be broken up HAD to be towed (no option to trailer it?). That is no longer the case... but VERA 1994 makes no mention about whether it is legal to drive it.

                    In the early days of MOT testing, both hearses and living vans were exempt. My first MOT was in 1962, on a 1931 MG L-type Magna. The tyres were literally as smooth as a baby's bum. The tester said that was OK provided he could not see canvas. They don't make them like they used to ... and I glad.

                    My Land Rover has done less than 50,000 miles, and less than 200 miles since it's last MOT. It's last MOT was 41 years ago. It is now both VED and MOT exempt.

                    602

                    Comment


                      #40
                      PS.

                      People have driven home, across France, on the strength of pre-booked MOT.

                      602

                      Comment


                        #41
                        rusty c15

                        Thank you all for your help with this matter. I have had the van up on ramps to see for myself the extent of the rust it's bad but fixable. I will be getting all of it welding plus checking completely over the underneath to see if I can find anymore that needs doing. When it's finished it will be right.

                        Thankyou all again
                        time to get the boiler suit on
                        and get dirty

                        Ian c

                        Comment


                          #42
                          good luck hope you can soon enjoy your van

                          Comment


                            #43
                            Yes, same here, good luck with that and I hope it all goes well and that you soon have an MOT certificate! Keep us posted!

                            Comment


                              #44
                              Originally posted by w3526602 View Post
                              Hi,............................................... .................................................. ....
                              Remember, you are not trying to take something away from the Seller ... he has money that he should not have. Even if he is honest, why should this be your problem? "Sold as seen!" has no legal relevence, but it's a useful cop-out if the buyer believes
                              Good luck,
                              602
                              Absolutely ! I have always been a great admirer of Ralph Nader, who helped transform consumer law here and the US, and consequently had great influence in the drafting of the EU laws.
                              He orchestrated the "unsafe at any cost" attack on the US motor industry (the model he specifically hit was a Chrysler or Chevy, Ithink, my memory fails me onthat detail!).

                              I was a little younger then (:blank but ever since I have been a dedicated "know yo rights, and never be afraid to use 'em" consumer, whether a restaurant meal, holiday, or a dodgy car, and saved myself thousands in the process - including one particular vehicle, a VW estate, that sounded tobe a similar situation to yours, the sum involved being £5,500, which I reclaimed, plus tow fees !

                              I always say, the laws are there for a purpose, and it's not being pernickerty, a fuss-budget, or a nuisance, to be aware of them, and not be afraid, or embarrassed, to use them to get redress !
                              And no "warranty" or conditions of sale, or "guarantee" can take that away from you - they're there to help the retailer, not you !
                              I take stuff back to Poundland if it fails, or I don't think it's "fit for purpose" - the phrase in the UK legislation, the Sale of Goods Act, which is a commendably clear title - rather than think "Oh, it's only a quid".

                              The point is, IT'S YOUR QUID, NOT THEIRS, IF WHAT THEY SOLD YOU IS .... RUBBISH/FAULTY - whether the seller is aware of it or not. It is their responsibility in law. (£land are pretty good, actually, most of their managers certainly, seem to know about the Sale of Goods Act.)

                              So please don't be shy to know your rights - if someone stole something from you, wouldn't you know your rights ?

                              Rant over, I feel a lot better now ......

                              Oh, a notable exception to the guarantee comments above is Lakeland, whose guarantee is truly just that - anything you buy from them, you can return and get back your money, whether it's gone wrong, isn't right for what you wanted, already had one or someone gave you the same ,,,, or quite simply get fed up with it.
                              And you don't (yet?!) see them in the bankruptcy Courts

                              So, never chuck a receipt away, and lose that British reserve !
                              Last edited by rugmike; 18-06-2015, 08:58.

                              Comment


                                #45
                                Oh dear Mike!
                                I am at risk of sending this thread off course with your mention of Ralph Nader!
                                JimW.
                                Keeping people waiting is stealing a part of their lives.

                                Comment

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