MOT Offence – Petrol Station Forecourt?

Question:

Hello,

We are RRRA members and I read with interest your recent article in the RRRA news.

I recently received a non endorsable fine of £60 from a police officer that was parked on a Tesco petrol forecourt. Basically I drove into the forecourt, filled with fuel and noticed him watching the vehicle. After I had paid I returned to my car and as I approached it the officer advised me that the MOT was out of date by seven days.

He had checked and the car was insured and taxed, but an oversight had been made on the MOT. My question is can they conduct this on the forecourt or should I have been stopped on a public road to be issued with a penalty notice.

Any thoughts from yourself would be greatly appreciated.

Rob Says:

You can only commit a no MOT offence on a “road”. The offence is very specific in that regard. Most road traffic offences can be committed on a road or in a “public place”. This offence does not make reference to public places – only roads.

The question therefore is whether or not a petrol forecourt is a road – my view is not!

A road has to lead from one place to another. It is defined by a boundary on either side.

I think you have an argument for rejecting the ticket and taking it to court – but it depends whether you are up for a fight. There will be a risk that the court does not agree – but I think you have a decent argument.

The only other risk is that the officer states that you must have driven on a road to get to the car park but they may not have evidence of that! If they are really determined they could get the footage for the station CCTV.

Can you give me the link to my article so I can refresh my memory regarding what I have been saying!!



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