Not to be confused with roadworthy/defective.
What happens to a driver who is found to be driving a commercial vehicle which does not have the required documentation ie MOT/tax/insurance? Technically the offence would be valid but daily checks only cover roadworthiness and even then it is based on the knowledge of the driver in relation to mechanical defects. Most of us can only assume that the truck is taxed, insured and tested though. Tax and test both void an insurance policy so how much trouble could we be in if we are uninsured for some reason?
scanny77:
Not to be confused with roadworthy/defective.
What happens to a driver who is found to be driving a commercial vehicle which does not have the required documentation ie MOT/tax/insurance? Technically the offence would be valid but daily checks only cover roadworthiness and even then it is based on the knowledge of the driver in relation to mechanical defects. Most of us can only assume that the truck is taxed, insured and tested though. Tax and test both void an insurance policy so how much trouble could we be in if we are uninsured for some reason?
Probably none, assuming you don’t own it.
As the reply from the uncaring cowboy…but…its the drivers responsibility to make sure the truck is basically road legal ie lights/tyres ect…
You drive it its your responsibility to check everything is in order MOT Tax etc etc etc
No it’s not. If you still use tax discs (or whatever it’s called nowadays) you can clock that on the way round I s’pose, but insurance and mot? Not realistic is it. I was on the buses a few years back in Brisbane. In those days every vehicle had a registration sticker in the windscreen which were replaced/renewed on July the first every year. Early one morning one of our blokes walked out to get his bus and noticed (July the second) that the old labels were still on, so it was everybody out. Chaos ensued with over 600 buses stuck in the yards. We were assured that it was just someone at head office had forgotten to do it, but nothing moved until the proof came through in writing. A bit rough I know, but we all wondered where we’d stand if ‘something’ went wrong and someone was killed or injured by a bus.
How can a driver check if the vehicle has an MOT or ROAD TAX now there is no disc in the window.On a trailer there is a disc saying which month of the year the MOT is due.On a lorry there is nothing to give any indication of MOT date so therefore the driver cannot check if there is a valid MOT
The driver is responsible for things you can see.
The operator is responsible for things you need documented.
If the driver is in doubt, he can ask the operator, who should tell him. If you do ask, ‘erm, boss, is this thing taxed?’ Make sure you write down the answer and keep it with you so that if you are pulled over without tax, you can use the note to back up your claim that you asked and the boss told you a lie. Its all you can do.
Having expired tax and/or MoT doesn’t void your insurance, so you can take that possibility out of the mix.
As for having no insurance alone, there is a statutory defence under Section 143(3) Road Traffic Act which says that a driver will not be convicted if he can show that the vehicle was not his, that he was driving it in the course of his employment and that he had reason to think there was no insurance in place.
As far as I am aware there is no similar defence for driving without an MoT or without tax, so you could in theory be in the cack for those.
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You can of course check online to see if the vehicle is taxed and separately insured. The one thing you can’t check is a LGV’s MoT status.
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Roymondo:
As for having no insurance alone, there is a statutory defence under Section 143(3) Road Traffic Act which says that a driver will not be convicted if he can show that the vehicle was not his, that he was driving it in the course of his employment and that he had no reason to think there was no insurance in place.
FTFY 
Tax is nothing to do with driver but registered keeper.
Mot is non endorsable so wouldn’t worry too much.
Insurance not valid if no tax/mot is a myth insurance always valid for third party cover they might wriggle if paying out to policy holder.
hook:
Tax is nothing to do with driver but registered keeper.
Sort of - the offence is committed by anyone using or keeping an unlicenced motor vehicle on the road. The driver is “using” the vehicle (as is his employer), so the offence is committed by both of them. Whether DVLA etc would look to prosecute both is a separate question.
Mot is non endorsable so wouldn’t worry too much.
Although the potential for a four figure fine might be some cause for concern…
Think it’s a very unlucky driver who would get done for these offences
All are the sole responsibility of the operator, a commercial driver is there as an employee so in a situation where there is no MOT/Ins/Tax they would have a ■■■■ good defence in having no reason to think it wasn’t all in place.
Dont think I’ve ever read of one being done in court over it
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Stopped j18 m4,no mot,they gave me choice park up and wait or go,if I went and was stopped again it was down to me as I had been told,no mot
I work for small company 4 wagons on hire. Anyway one out drivers got stopped south mimms
For driving untaxed wagon. He explained it’s new wagon to me only had it about 5 weeks. Vosa were fine. Allowed him.to drive it back to Manchester. Company tried blaming hire place. They never told us tax was die etc.vosa said your wagon you should know all this. Now on there white board got wrote when each veichelas tax mot is due. And ended up with a big fine to boot. Not drivers fault .how we supposed know now no such thing as a tax disc. Now if your in same wagon for years. You should have rough idea when mot is due
edd1974:
I work for small company 4 wagons on hire. Anyway one out drivers got stopped south mimms
For driving untaxed wagon. He explained it’s new wagon to me only had it about 5 weeks. Vosa were fine. Allowed him.to drive it back to Manchester. Company tried blaming hire place. They never told us tax was die etc.vosa said your wagon you should know all this. Now on there white board got wrote when each veichelas tax mot is due. And ended up with a big fine to boot. Not drivers fault .how we supposed know now no such thing as a tax disc. Now if your in same wagon for years. You should have rough idea when mot is due
gov.uk/check-vehicle-tax will tell you if the vehicle is taxed.
Roymondo:
edd1974:
I work for small company 4 wagons on hire. Anyway one out drivers got stopped south mimms
For driving untaxed wagon. He explained it’s new wagon to me only had it about 5 weeks. Vosa were fine. Allowed him.to drive it back to Manchester. Company tried blaming hire place. They never told us tax was die etc.vosa said your wagon you should know all this. Now on there white board got wrote when each veichelas tax mot is due. And ended up with a big fine to boot. Not drivers fault .how we supposed know now no such thing as a tax disc. Now if your in same wagon for years. You should have rough idea when mot is duegov.uk/check-vehicle-tax will tell you if the vehicle is taxed.
Who got the fine ? Company should as it’s their issue not drivers
And to be fair how many drivers will look at website to see if vehicle taxed? I never have and won’t - it’s not my problem
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Company did. They tried pass it on to driver . So he took day off sick see a solicitor. Was told there problem.not yours. If they try to pass it on stop it off your wages you have a case . Company that small minded . They gave in. Trying But then for months he was given all the early starts rubbish jobs etc
On international work you carry full documentation, we carried it at all times and was part of our check out of the truck . We took it on faith that the vehicles were taxed once the discs were no longer in use .
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I have caught the occasion trailer with an out of date MOT disc and reported. Of course they didn’t believe me since they don’t do that but they do when its an oversight.
I have checked tax online once before taking a unit out but that was more curiosity than concern. I have no way of checking the units MOT or insurance though. Fleet vehicles SHOULD be ok but hire units are definitely a concern