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No test certificate (MOT)

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

No test certificate (MOT)

Road Traffic Act 1988, s.47

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
Level 3 fine

Actus reus

  • Uses on a road a motor vehicle without a test certificate in force, where one is required (RTA 1988, s.47).

Mens rea

  • Using without the required certificate. This is not a quality-of-driving offence.

Defences

Valid test certificate in force · Vehicle/use exempt · Not used on a road

Sentencing Council

Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band B fine Starting point Driver: Band A fine When the offence is committed in the course of a business:.

View definitive guideline ↗

At the police station

MOT expiry and exemptions (age/type) are the file. Distinguish s.165 failure to produce.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Road traffic

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.