Bitter man trying to be a better man

[Easytigers]

Thanks Drago...you're a star. Have had to work late for the last few days so haven't met up with him. Bit weird...it has been great not be sprayed but over the last few days. However, have been so relieved that it was going to get sorted once I'd got his plate number that I almost wanted him to come past...Is it bad that I've been looking forward to it???

 

[Reece]

They can give him a rectification notice, though. He has 7 days to have it fixed and provide the poloce with the evidence of having done so. I think.

J.

I may have my wires crossed then. But I've definantly had to re test a car at work after the customer was pulled over. He had paper work of some sort from the local constabulary and said he was told to get a test and provide the evidence to them within in a time limit.

 

[Cubist]

I may have my wires crossed then. But I've definantly had to re test a car at work after the customer was pulled over. He had paper work of some sort from the local constabulary and said he was told to get a test and provide the evidence to them within in a time limit.

A VDRS requires the driver to have the defect repaired, and the paperwork signed by a garage to show it's been done.

A Prohibition Notice is issued to a vehicle found to be dangerously maintained. They must be repaired and retested before they can be used again.

 

[Reece]

A VDRS requires the driver to have the defect repaired, and the paperwork signed by a garage to show it's been done.

A Prohibition Notice is issued to a vehicle found to be dangerously maintained. They must be repaired and retested before they can be used again.

Ok thanks. I asked at work yesterday. The vehicle in question I mentioned had 3 tyres worn past the metal cords. I believe this is why the retest was needed.

 

[Drago]

The police can't invalidate an MOT certificate or make someone get a new one.

Wrong. That's pretty much exactly what a Prohibition Notice does. Theoretically, you could have a year old car which ordinarily would not need an MOT, be issued a PN due to a serious defect, and it would need testing before the PN is lifted and the vehicle can be lawfully put back on the road.

Any copper can issue these but most forces only permit vehicle examiners or selected traffic officers to do so. I've never issued one myself, but have once called for an authorised officer to come and issue it for me.

 

[glasgowcyclist]

Note - do not fill anything with a noxious liquid with the intention of squirting him of his car as such contrivances are section 5 firearms and you WILL go to prison if caught.

So . . if a person fills, let's say, his windscreen washer bottle with windscreen fluid with the intention of repeatedly spraying it in the face of a cyclist . . .



GC

 

[Nortones2]

From a reputable manufacturer of screenwash: the gist of the MSDS re eye contact with a substance containing ethanol and limonene: Eye contact requires 15 minutes sluicing and immediate hospital or eye specialist attention. Obviously depends on constituents and concentration. Google a few.
RISK PHRASES IN FULL
Flammable R10
Harmful if swallowed. R22
Highly flammable. R11
Irritating to skin. R38
May cause sensitisation by skin contact. R43
Very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic
environment. R50/53
I wouldn't like to be temporarily incapacitated/blinded for the sake of a "laugh".

 

[Drago]

So . . if a person fills, let's say, his windscreen washer bottle with windscreen fluid with the intention of repeatedly spraying it in the face of a cyclist . . .



GC

I'm not sure how that would stand. Certainly if mens rea (criminal intent)could be demonstrated then yes, but how you'd prove that i don't know, short of him boasting to his chums about it on CCTV or some such.

Fill a water pistol or cycle pump with screen wash as a tool for attacking folk then that would be a S5 firearm, in the same category as CS or pepper sprays. Oddly though, there is case law that filling a washing up liquid bottle with nasties does not place itbon that class, though would still be an offensive weapon.

 

[Drago]

I did say that it's "pretty much" what a PN does, not that it's 'exactly' what a PN does.

Once a PN is used the MOT becomes an utterly worthless piece of paper... until the vehicle is inspected. Sure, the legal niceties are different, but the effect is the same.

 

[Drago]

Two sides to the MOT. The first, it representing an affirmation that a vehicle was roadworthy on a particular date, isn't relevant to us here.

The second is its function as a document for which a vehicle must have one "on date". The piece of paper that forms your MOT still exists, it's still in your desk drawer, it hasn't gone anywhere, but it can not lawfully be used to allow the vehicle to be driven or re taxed until the motor in question has been inspected. Therefore the privileges the MOT certificate bestows are effectively suspended, unusable, meaningless, until the PN process is completed. During that period it becomes a piece of paper with no legal use.

Once the process is complete the certificate allows you tax the car, or it's virtual existence is used to tax the car in line.

If a constable in uniform stops you at the roadside and asks to see the MOT you commit an offence then and there if you fail to produce it (although the HORT1 process allows prosecution to be held in abeyance for 7 days to give you the opportunity to produce it a police station).

So, the MOT certificate has its uses, and regardless of what it represents (or not) re a vehicles roadworthyness you simply must have one on a 3+ year old car.

So, iwt's essential in order to lawfully use a car - sounds pretty useful to me!

So, the PN declares the vehicle un roadworthy despite the existence of an otherwise valid MOT and that MOT then ceases to be an instrument by which you can acquire your vehicle licence. So, seeing as a PN suspends the lawful uses of the MOT, perhaps you can explain how it had no effect? You issue my a PN and until the process is completed my MOT is of no use whatsoever as a legal document. Once the process is complete I can then use it as a document to lawfully use my vehicle or buy my tax.




Let us do a little thought experiment;

Ive issued you a PN because you've been naughty and you've got defective brakes on your Lamborghini (may as well have you driving a flash car in the name of science!). You've had it towed to Bombsite Motors who advise they are going to have to wait a week for the parts. Oh dear.

During this time you can not use the MOT to re tax the car.

Even if you sneakily kidnapped your car back one night the MOT document would not be accepted as valid by a bobby because PNC would show a PN in force.

So what can that MOT certificate lawfully be used for during this time?