Using a Vehicle Without a Valid MOT Certificate (Section 47 Road Traffic Act 1988)

Using a Vehicle Without a Valid MOT Certificate is an offence under s.47(1) Road Traffic Act 1988. A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which the section applies, and as respects which no test certificate has been issued within the appropriate period (twelve months or such shorter period as may be prescribed) before that time, is guilty of an offence (s.47(1)). The section applies to motor vehicles first registered not less than three years before that time, or manufactured not less than three years before and used on roads before registration, other than goods vehicles required to be submitted for a goods vehicle test (s.47(2)); for a passenger vehicle with more than eight seats, a licensed taxi or an ambulance the period is one year (s.47(3)); regulations may exempt classes of vehicle, purposes and areas (s.47(5) to (7)). Maximum sentence on summary conviction: a fine at level 4 on the standard scale in the case of a vehicle adapted to carry more than eight passengers, and at level 3 in any other case (Road Traffic Offenders Act 1988, Schedule 2). Schedule 2 lists no disqualification or endorsement for this offence.

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. MOT status can be verified using the DVLA/DVSA online check or PNC. This offence is often dealt with by way of a fixed penalty notice or reported for summons rather than arrest. Consider whether the vehicle is also uninsured (s.143 RTA 1988): driving without insurance is an endorsable offence. The vehicle may be seized under s.165A RTA 1988 if uninsured. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them.