united-kingdom vehicle
Driving a car without an MOT
<p>Consider the following scenario:</p>
<p>&quot;Aisha&quot; is the registered keeper of a car she bought on credit.</p>
<p>&quot;Benin&quot; has had control of the car for the last 2 years following his divorce from Aisha.</p>
<p>A few months ago Aisha, as the registered keeper, received reminders that the MOT<sup>1</sup> was due to expire which she forwarded to Benin.</p>
<p>Benin said that he tried to get an MOT test but the garage cancelled the appointments.</p>
<p>Despite the MOT expiring, Benin is still driving the car on the road.</p>
<p>If Benin is stopped by the police, what are the legal implications for him and Aisha?</p>
<p>And what options are available to Aisha to protect herself, e.g. forcing a sale of the car?</p>
<hr />
<p><sup>1</sup>In the UK, an <a href="https://www.gov.uk/getting-an-mot" rel="noreferrer">MOT</a> is a legally required annual vehicle safety test of road worthiness. Without one you are legally only allowed to drive to one place: An MOT garage to obtain one.</p>

<p>The relevant offence is at <a href="https://www.legislation.gov.uk/ukpga/1988/52/section/47?timeline=false" rel="nofollow noreferrer">s.47(1) of the Road Traffic Act 1988</a>:</p>
<blockquote>
<p>A person who <strong>uses</strong> on a road at any time, <strong>or causes or permits to be so used</strong>, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.</p>
</blockquote>
<p>Benin commits an offence as he <em>uses</em> the car on the road, and as not having a valid and current MOT (usually) invalidates motor insurance, the car would in all likelihood be seized under <a href="https://www.legislation.gov.uk/ukpga/1988/52/section/165A?timeline=false" rel="nofollow noreferrer">s.165A of the Act</a>.</p>
<p>Aisha may commit an offence if it can be shown that she <em>causes or permits</em> Benin to use the car.  This would hinge on what steps she would reasonably be expected to keep the car off the road and/or prevent Benin from using it such as taking it back (<em>via a pre-arranged MOT appointment to not fall foul of s 47</em>) taking the keys from him or selling it - which she can do as the registered keeper (the credit company is the actual owner).</p>

<p>Is Aisha the legal owner of the car? It sounds like it, but it will depend upon  the divorce settlement. This is not the same thing as being the registered keeper with the DVLA. Aisha's solicitor should be able to answer that question.</p>
<p>If it is Aisha's car then she should get Benin to return it. In theory Aisha should be able to just get in and drive off, but best check with the solicitor first.</p>
<p>If it is not her car then she should notify the DVLA that she has transferred it using the form on the V5C registration document. At that point it ceases to be her problem.</p>
<p>If Aisha carries on as the registered keeper and it is her car, she could find yourself liable for things Benin does, including driving it with no MOT, or possibly insurance, or when drunk, on the theory that she let him do it in your car.</p>
