On the subject of MOT/insurance I've just spoken with a leading classic bike insurer who has emailed me the following with regard to insurance which may be of interest:
"To confirm if a motorcycle is taken for MOT which it then subsequently fails, the garage would state on the failure note whether the bike is fit to ride or not. If the motorcycle is deemed ok to ride away for further work to be done the insurance on the bike would continue to be valid and in place as long as reasonable precautions are considered and put in place by the rider. An example of this would be headlight failure - if the MOT failed on this it would be expected that the bike was ridden back in daylight and not in the dark…If the tester notes that the vehicle should not be used it must be transported away by trailer or van etc.
If a motorcycle is taken for MOT say 2 months before the due MOT and is notified to have failed and ok to ride (an Advisory), the insurance would also continue to be valid and in place. It should be noted however that the insurance provided is based on the rider / owner taking all reasonable steps to protect your motorcycle from loss or damage and to maintain it in an efficient and roadworthy condition. A MOT failure tells you that your vehicle has not been shown to meet the minimum legal requirements for the reason(s) detailed. If you intend to use your motorcycle on the roads you should have it repaired without delay and have it retested before the existing validity expires".
It would be interesting to know (from VOSA/DVLA?) whether using an 'MOT exempt' vehicle which had failed an MOT would be deemed to be being used illegally since having an MOT on an exempt vehicle is not a legal requirement. I wouldn't think so. However, whether an exempt (or not exempt) vehicle has a valid MOT the owner is (obviously) still required to maintain it in a roadworthy condition. As we do
'There is a tide in the affairs of men
Which taken at the flood............'
If a person voluntarily has an MOT performed on a vehicle and it fails,. they then become aware of the 'un-roadworthiness' of said vehicle and it would be their responsibility to rectify the defect accordingly.
Equally, if a defect becomes apparent on a vehicle not subject to an MOT a responsible owner would rectify it as soon as possible - wouldn't they?
Mick D wrote: Equally, if a defect becomes apparent on a vehicle not subject to an MOT a responsible owner would rectify it as soon as possible - wouldn't they?
We're grown ups aren't we?
Agreed. I didn't intend to complicate or make a meal of the issue but until today I was only aware of the 'Advisory' category, not that a tester could/would document that a vehicle should not be used again on the road or at all until the defect(s) are sorted. Not every old bike owner has their bike MOT'd or is sufficiently knowledgeable to recognise/diagnose a fault or appreciate the hazard level of any fault, or be able to fix it. I have a couple of chums who cannot/do not do any jobs whatsoever on their bikes. One is a VMCC long-standing ex committee member who successfully rides his flat tanker 000's of miles at home and abroad without a clue as to how it works.
I guess I'm super-sensitive after 'the other side's' insurers put me and my legal team through no end of stressful hoops following my no fault collision.
I also discovered that Courts dispense the law, not common sense
'There is a tide in the affairs of men
Which taken at the flood............'
Sprids, there is a quote from a reasonably intelligent man who stated ' common sense is not that common' and I tend to agree with him! anyway have a nice Christmas and new year, most kindest of regards.
Yes, Richard, you may well be right.
I've just realised that I misquoted that wisdom by a retired judge who actually said:
'Our laws are the principles and regulations established as rules of our society which take the form of legislation and common law, and which are enforced by the courts. Justice is concerned with moral rightness and should follow as a natural consequence of the fair and proper administration of law. The fact that all too often the two do not always coincide is a matter of deep regret'.
Season's greetings!
'There is a tide in the affairs of men
Which taken at the flood............'
SPRIDDLER wrote:
'Our laws are the principles and regulations established as rules of our society which take the form of legislation and common law, and which are enforced by the courts. Justice is concerned with moral rightness and should follow as a natural consequence of the fair and proper administration of law. The fact that all too often the two do not always coincide is a matter of deep regret'.
