Fine for expired MOT – What now?
Questioner
I was driving a borrowed car and was pulled over by the police based on a license plate scan. It turned out that the car should have been inspected in April 2014. This car was first registered in Europe in April 2011. In June of this year, the car was registered in the Netherlands after inspection by the RDW. To my surprise, as a borrower/user and non-owner, I received a fine for missing the MOT. Is this correct?Lawyer
The question here is whether Article 72 of the Road Traffic Act has been violated: A motor vehicle or trailer for which a registration number has been or should have been specified must have been issued with an inspection certificate. This inspection certificate may not have lost its validity. This article stipulates that, insofar as it concerns a motor vehicle, the owner or holder, as well as in the event that the motor vehicle is driven on the road, the driver, is liable. It follows from this that in principle you have rightly been fined. There are three further questions that are relevant: 1. Has the inspection certificate actually lost its validity? 2. Could you reasonably have known that the inspection certificate had lost its validity? 3. When does the inspection certificate lose its validity? Ad 1) If this is not the case, the fine has been imposed unjustly. I cannot judge this, for that you have to look at the inspection certificate. An inspection certificate is valid for one year after issue. Ad 2) In principle, you could have asked the owner about this. I therefore think that an appeal to factual error will not automatically succeed, unless the owner told you that the vehicle had been inspected. Ad 3) After the inspection certificate has expired, no fine may be imposed for 2 months (Article 11, Vehicle Decree). You state that the vehicle was inspected by the RDW upon import. If this is correct and you have proof of this, the fine was wrongly imposed. In accordance with Article 53 of the Road Traffic Act, the RDW issues an inspection certificate if the vehicle is registered in the vehicle registration register.Neem de volgende stap
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