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Original poster

Partner caught driving on provisional licence, no mot

331 replies

Eveh13 · 13/12/2023 10:14

I am currently lost and fuming at this situation. I apologise for the long post.. I am currently 7 months pregnant and my partner was caught driving alone on a provisional and without MOT (the appointment was on a same day but daytime, and he was caught at 2 a.m.). He has 3 charges against him and obviously needed to be removed from the policy. We want to plead guilty without attending a court but we Don't know how to explain himself, to try and lower a sentence. He was caught coming back from work at around 2 am but the officers did not include this in the report (to where he was going). He said to the officers that he needed the car to get into work. The police officer on the report quoted, ""I cautioned the driver who made no reply to caution". What does this actually means? I'm so confused. 🤔 He had shown the police officer his provisional licence and on the report says, quote "the vehicle was not displaying any L plates and the driver was unsupervised. The driver identified himself and the police checked it and he was free to leave walking. (Car was seized and under my name, I have full licence).
The thing is, how do we plead guilty and so can he explain himself? He wants to tell the court that he took the car to "help" me because I'm 7 months pregnant and we have a disabled child at home. We just don't know how to write it officially. I will be giving birth soon and I am dreaded and exhausted from pregnancy and this situation. Thank you

OP posts:
KingsleyBorder · 14/12/2023 12:50

NonPlayerCharacter · 14/12/2023 12:35

I don't think I follow this. If it failed its MOT, how do you have an MOT?

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Because the car was taken to be re-tested before its old MOT’s validity time period had expired. It sounds like a fail doesn’t automatically cut short the validity of the old one. So the flip side is that if it passes perhaps it can have 2 MOT certificates concurrently?

Shade17 · 14/12/2023 12:51

NonPlayerCharacter · 14/12/2023 12:35

I don't think I follow this. If it failed its MOT, how do you have an MOT?

Show quote history

An MOT is valid until expiry, failing one earlier doesn’t invalidate it.

NonPlayerCharacter · 14/12/2023 12:53

KingsleyBorder · 14/12/2023 12:50

Because the car was taken to be re-tested before its old MOT’s validity time period had expired. It sounds like a fail doesn’t automatically cut short the validity of the old one. So the flip side is that if it passes perhaps it can have 2 MOT certificates concurrently?

Show quote history

But it's been tested and found to be unroadworthy now, so how does that work?

I'm not trying to be a smart arse. I hadn't realised the law around driving was so crap! I can't believe you don't get automatically banned for driving without the right licence, in a car with no MOT. What's the point of these regulations if they don't keep you off the road if you don't meet them?

Shade17 · 14/12/2023 12:59

But it's been tested and found to be unroadworthy now, so how does that work?

Because minor fails don’t make a car unroadworthy and there is separate legislation for driving a car in a dangerous condition, not to mention that things can be fixed and it can then continue to be driven until MOT expiry, eg it fails on a bulb, stick in a new bulb and you’re all good.

KingsleyBorder · 14/12/2023 13:03

NonPlayerCharacter · 14/12/2023 12:53

But it's been tested and found to be unroadworthy now, so how does that work?

I'm not trying to be a smart arse. I hadn't realised the law around driving was so crap! I can't believe you don't get automatically banned for driving without the right licence, in a car with no MOT. What's the point of these regulations if they don't keep you off the road if you don't meet them?

Show quote history

Let’s say it had a certificate that was valid till 10 December. It goes in for a test on 5 December. Fails. If it was paper-based then when the driver is asked for a certificate on 8 December they could show the one that did not expire till 10 December. What I am saying is that my understanding of what the poster was saying is that the system does not cancel the earlier MOT just because an MOT has been failed at some point. The system only registers the fail when the old certificate runs out and there is no new one to replace it.

Shade17 · 14/12/2023 13:12

KingsleyBorder · 14/12/2023 13:03

Let’s say it had a certificate that was valid till 10 December. It goes in for a test on 5 December. Fails. If it was paper-based then when the driver is asked for a certificate on 8 December they could show the one that did not expire till 10 December. What I am saying is that my understanding of what the poster was saying is that the system does not cancel the earlier MOT just because an MOT has been failed at some point. The system only registers the fail when the old certificate runs out and there is no new one to replace it.

Show quote history

Correct. It must be a remnant of the old paper based system where there was no central record of MOT status, there was no way to revoke the physical certificate if it failed and thus it was valid until expiry.

DaveWatts · 14/12/2023 13:14

StarlightLime · 14/12/2023 10:56

I find it hard to believe that driving without a licence doesn't get you banned from driving 😵‍💫

It's actually quite a minor offence in driving terms - 3 points and a fine are all you can get for it.

Not saying that's right mind you! But that's what the punishment is.

housethatbuiltme · 14/12/2023 13:42

Most MOT fails are on really silly things like just needing a new wiper or number plate bulb.

You can drive off and pick up a wiper at home bargains for £2.99, you then have 10 day grace period to re-test the MOT (but you have to wait until they have a free slot to fit you in). It doesn't make the care suddenly un-roadworthy, its not a structural write off.

Shade17 · 14/12/2023 14:00

housethatbuiltme · 14/12/2023 13:42

Most MOT fails are on really silly things like just needing a new wiper or number plate bulb.

You can drive off and pick up a wiper at home bargains for £2.99, you then have 10 day grace period to re-test the MOT (but you have to wait until they have a free slot to fit you in). It doesn't make the care suddenly un-roadworthy, its not a structural write off.

The 10 day period simply relates to the period in which you can get a free retest. It is not a grace period to drive around with no MOT.

housethatbuiltme · 14/12/2023 14:05

Shade17 · 14/12/2023 14:00

The 10 day period simply relates to the period in which you can get a free retest. It is not a grace period to drive around with no MOT.

Show quote history

But since anyone with 2 brain cells would get their MOT done 1-2 weeks BEFORE it expires (like you are suppose to) you still have an MOT as its not invalidated.

Shade17 · 14/12/2023 14:25

housethatbuiltme · 14/12/2023 14:05

But since anyone with 2 brain cells would get their MOT done 1-2 weeks BEFORE it expires (like you are suppose to) you still have an MOT as its not invalidated.

Show quote history

Of course! But sadly not everyone has common sense 🤣. I always aim for 28/29 days prior to expiry on my cars but so many people leave it to the date of expiry.

Original poster
Eveh13 · 14/12/2023 14:59

First of all, no, he usually does not drive by himself, because I have another car, so I do take him to and from work. I am fuming with what he did and obviously he needs to get his head above water and deal with it, he has no chance of pleading not guilty. Hence, I wrote this post. Obviously, is not an excuse for him to be driving alone but still I thought of getting advice from you all. Thank you for some of your advice, I appreciate it.

OP posts:
Original poster
Eveh13 · 14/12/2023 15:01

Eveh13 · 13/12/2023 10:14

I am currently lost and fuming at this situation. I apologise for the long post.. I am currently 7 months pregnant and my partner was caught driving alone on a provisional and without MOT (the appointment was on a same day but daytime, and he was caught at 2 a.m.). He has 3 charges against him and obviously needed to be removed from the policy. We want to plead guilty without attending a court but we Don't know how to explain himself, to try and lower a sentence. He was caught coming back from work at around 2 am but the officers did not include this in the report (to where he was going). He said to the officers that he needed the car to get into work. The police officer on the report quoted, ""I cautioned the driver who made no reply to caution". What does this actually means? I'm so confused. 🤔 He had shown the police officer his provisional licence and on the report says, quote "the vehicle was not displaying any L plates and the driver was unsupervised. The driver identified himself and the police checked it and he was free to leave walking. (Car was seized and under my name, I have full licence).
The thing is, how do we plead guilty and so can he explain himself? He wants to tell the court that he took the car to "help" me because I'm 7 months pregnant and we have a disabled child at home. We just don't know how to write it officially. I will be giving birth soon and I am dreaded and exhausted from pregnancy and this situation. Thank you

First of all, no, he usually does not drive by himself, because I have another car, so I do take him to and from work. I am fuming with what he did and obviously he needs to get his head above water and deal with it, he has no chance of pleading not guilty. Hence, I wrote this post. Obviously, is not an excuse for him to be driving alone but still I thought of getting advice from you all. Thank you for some of your advice, I appreciate it.

OP posts:
Silvers11 · 14/12/2023 15:07

@Eveh13 Just read your latest update. So glad you didn't know what he was doing, so this is entirely down to him and I don't blame you for being fuming with him. I hope when it comes down to it, if it is a first offence for him they won't throw the book at him, but any fines/bans are at the lower end. And hopefully he'll learn from this and nothing like it will happen again.

I hope all goes well with your pregnancy and birth. Not the time to be made so stressed out because someone else decided to be foolish

littlebopeepp234 · 14/12/2023 15:14

Eveh13 · 14/12/2023 14:59

First of all, no, he usually does not drive by himself, because I have another car, so I do take him to and from work. I am fuming with what he did and obviously he needs to get his head above water and deal with it, he has no chance of pleading not guilty. Hence, I wrote this post. Obviously, is not an excuse for him to be driving alone but still I thought of getting advice from you all. Thank you for some of your advice, I appreciate it.

Yes but who said he could borrow THIS car then?? Whichever way you look at it… if he took your car without your permission then he is even more fucked than he already is! If YOU allowed him to drive the car - you also are fucked too!

You say that particular car he was driving is in your name so who allowed him to drive it? There is no point in saying you’re fuming if you allowed him to take the car 🤷‍♀️

jojom10 · 14/12/2023 15:16

So where did you think your car was and how did you think he was getting home?

littlebopeepp234 · 14/12/2023 15:18

Also how come you didn’t take him to and from work that particular night then? What were his alternative arrangements supposed to be?? I think it’s strange how you seem to be giving the impression you knew nothing about what he was doing but he somehow took the car to work and you didn’t know about it? 🤔

PrimalOwl10 · 14/12/2023 15:18

Doesn't usually suggests he's done this before. You would have said never done this before had it been the first time. This shows he's reckless.

JoyeuxNarwhal · 14/12/2023 15:32

Eveh13 · 14/12/2023 14:59

First of all, no, he usually does not drive by himself, because I have another car, so I do take him to and from work. I am fuming with what he did and obviously he needs to get his head above water and deal with it, he has no chance of pleading not guilty. Hence, I wrote this post. Obviously, is not an excuse for him to be driving alone but still I thought of getting advice from you all. Thank you for some of your advice, I appreciate it.

So are they adding TWOC to his charges then?

bumtrumpet · 14/12/2023 15:37

Where did you think your car had gone then? Did you report it missing, or did you know he'd taken it to work because that's what he always does.

DiaNaranja · 14/12/2023 15:39

No license, no insurance and no M.o.t yeah he's not going to get off lightly op. The no licence being the main issue. That's a huge offence

hermioneee · 14/12/2023 15:44

Wait you have two cars but only one of you drives?

Duckingella · 14/12/2023 15:48

I don't understand;if he drives regularly solo and can clearly use the roads then why did he not just book and take a driving test?

AnotherEmma · 14/12/2023 16:05

Why come back to the thread just to post that... so many unanswered questions!
Oh well, good luck to you OP.

Lifeasiknowitisout · 14/12/2023 16:07

Eveh13 · 14/12/2023 14:59

First of all, no, he usually does not drive by himself, because I have another car, so I do take him to and from work. I am fuming with what he did and obviously he needs to get his head above water and deal with it, he has no chance of pleading not guilty. Hence, I wrote this post. Obviously, is not an excuse for him to be driving alone but still I thought of getting advice from you all. Thank you for some of your advice, I appreciate it.

So you didn't know he had a car? If you usually took him how did you think he was getting there? Has he taken someone else's car?

You have a disabled child at home, yet take him to and from work in the early hours? And the one time he happens to drive this myserty machine, he got caught?

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