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Using a vehicle without an MOT certificate

s.47Road Traffic Act 1988

Using, or causing or permitting the use of, a motor vehicle on a road when it needs an MOT test certificate and none has been issued within the last 12 months.

Using a vehicle without an MOT certificate · Road Traffic Act 1988, s.47Card 114 / 195

Points to prove

Used, or caused or permitted to be used
A motor vehicle to which s.47 applies
On a road
No test certificate had been issued for it within the appropriate period (12 months)

Key definitions

Vehicles to which s.47 applies – s.47(2): those first registered 3 or more years ago, or manufactured 3 or more years ago and used on roads before registration. Heavier goods vehicles that need a goods vehicle test are dealt with separately.
One-year vehicles – s.47(3): passenger vehicles with more than eight passenger seats, licensed taxis and ambulances need a certificate from one year after first registration.
Appropriate period – s.47(1): 12 months, or any shorter period prescribed.
Uses, causes or permits – the user is strictly liable. Causing or permitting requires knowledge.
Road – s.192(1): any highway and any other road to which the public has access.

Defences

Exemptions – the Motor Vehicles (Tests) Regulations 1981, reg. 6. These include driving to or from an MOT test booked in advance, or to or from a place where work is to be done to fix defects after a failed test.
Some classes are exempt altogether, including vehicles of historical interest (other than public service vehicles), police vehicles maintained in approved workshops, and vehicles that cannot exceed 15.5 mph.

Good to know

No penalty points or disqualification. It is a fixed penalty offence.
A vehicle with dangerous defects may also amount to using a vehicle in a dangerous condition (s.40A) or breach of the Construction and Use Regulations.
Six-month time limit for prosecution.

Legislation: Road Traffic Act 1988, s.47 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Fine of up to £1,000 (level 3), or £2,500 (level 4) for a vehicle adapted to carry more than eight passengers
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Using a vehicle without an MOT certificate: questions people ask

What are the points to prove for using a vehicle without an MOT certificate?

1. Used, or caused or permitted to be used 2. A motor vehicle to which s.47 applies 3. On a road 4. No test certificate had been issued for it within the appropriate period (12 months)

What is the maximum sentence for using a vehicle without an MOT certificate?

Fine of up to £1,000 (level 3), or £2,500 (level 4) for a vehicle adapted to carry more than eight passengers.

Is using a vehicle without an MOT certificate a summary, either-way or indictable offence?

Using a vehicle without an MOT certificate is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is using a vehicle without an MOT certificate?

Using a vehicle without an MOT certificate is an offence under the Road Traffic Act 1988, s.47.

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