Regulations 6(2) and 6(3) of the Motor Vehicle (Test) Regulations 1981 provides a list of exemptions for vehicles that should have an MOT certificate, but can be used on a road without one in certain circumstances. Provisions exist for vehicles which do not need to be taxed in similar circumstances.
6(2) Pursuant to section 47(6) of the Road Traffic Act 1988 the Secretary of State hereby exempts from section 47(1) the use of a vehicle (that is of a type that should normally have an MOT certificate)
(a) as follows
(i) for the purpose of submitting it by previous arrangement for, or bringing it away from, an MOT examination, or
(ii) in the course of an MOT examination, for the purpose of taking it to, or bringing it away from, any place where a part of the examination is to be or, as
the case may be, has been, carried out, or of carrying out any part of the examination, the person so using it being either
(A) an MOT examiner, or a Ministry Inspector or an inspector appointed by a designated council, or
(B) a person acting under the personal direction of an examiner, a Ministry Inspector or a designated Council, or
(iii) where a test certificate is refused on an examination
(A) for the purpose of delivering it by previous arrangement at, or bringing it away from, a place where work is to be or has been done on it to remedy for a further examination the defects on the ground of which the test certificate was refused; or
(B) for the purpose of delivering it, by towing it, to a place where the vehicle is to be broken up;
(b) for any purpose for which the vehicle is authorised to be used on roads by an order under section 44 (an order allowing special vehicles on the road);
© where the vehicle has been imported into Great Britain, for the purpose of its being driven after arrival in Great Britain on the journey from the place where it has arrived in Great Britain to a place of residence of the owner or driver of the vehicle;
(d) for the purpose of removing it in pursuance of section 3 of the Refuse Disposal (Amenity) Act 1978, of moving or removing it in pursuance of regulations under section 20 of the Road Traffic Regulation Act 1967 as altered by the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967, or of removing it from a parking place in pursuance of an order under section 35(1) of the Road Traffic Regulation Act 1967, an order relating to a parking place designated under section 45, 50 thereof, or a provision of a designation order having effect by virtue of section 53(3) thereof;
(e) where the vehicle has been detained or seized by a police constable, for police purposes connected with such detention or seizure;
(f) where the vehicle has been removed, detained or seized or condemned as forfeited under any provision of the Customs and Excise Management Act 1979 for any purpose authorised by an officer of Customs and Excise;
(g) for the purpose of testing it by a motor trader as defined in section 16(8) of the Vehicles (Excise) Act 1971, to whom a trade licence has been issued under that section, during the course of, or after completion of repairs carried out to that vehicle by that motor trader.
6(3) Pursuant to section 44(7) the Secretary of State hereby exempts from section 44(1) the use of a vehicle on any island in any area mainly surrounded by water, being an island or area from which motor vehicles, unless constructed for special purposes can at no time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicle;
(a) in relation to a vehicle in any of Classes I to VIA, this Regulation does not apply to any of the following islands, namely, the Isle of Wight, the islands of Arran, Bute, Great Cumbrae, Islay, Lewis, Mainland (Orkney), Mainland (Shetland), Mull, North Uist and Skye and
(b) in relation to a vehicle in Class VII this Regulation does not apply in any of the following islands, namely, the Isle of Wight, the Islands of Lewis, Mainland (Orkney), Mainland (Shetland) and Skye.
In this regulation, test means an examination of a vehicle in relation to the prescribed statutory requirements conducted
(i) by a person appointed to act as an inspector under section 45 Road Traffic Act 1988, or a person authorised as an examiner or acting on his behalf, or
(ii) by a person on behalf of a police authority in England or Wales, or
(iii) by a person on behalf of a police authority or a joint police committee in Scotland.
Edited by liam_italian, 08 January 2008 - 04:46 PM.
