Tri-Man wrote:
MGBV8 wrote:
If you do manage to lock a wheel then you need to keep the car off the road until it is sorted as if you were involved in a collision with another person then you would likely find yourself uninsured and looking at being nicked for driving an unroadworthy vehicle.
I think you will find the statement above to be incorrect. One's insurance policy insure's one to drive one's vehicle irrelevant of it's road-worthiness. That is the risk that the insurance company takes - having a MOT only becomes relevant when one makes a claim for one's own vehicle as it affects the value of the car. My car does have a brand new MOT - although in reality an MOT only means that the car was road worthy for the hour it was in testing.
I think you will find it isn't.
If you knowingly, persistently drive a dangerously defective vehicle on the road, good luck persuading any insurance company to pay out in the event of a claim – feel free to test the water, though. No insurance company is going to pay out on a car that was in contravention of the road and traffic act before an incident.
The law is quite clear on this issue. Using a vehicle with defective ABS when fitted is a contravention of construction and use and therefore a contravention of the road and traffic act.
Ssection 40a of the road and traffic act of 1988 states:
"40A Using vehicle in dangerous condition etc. E+W+S.A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—
(a)the condition of the motor vehicle or trailer, or of its accessories or equipment, or
(b)the purpose for which it is used, or
(c)the number of passengers carried by it, or the manner in which they are carried, or
(d)the weight, position or distribution of its load, or the manner in which it is secured,
is such that the use of the motor vehicle or trailer involves a danger of injury to any person
Insurance issues aside, I recall an incident where a Ford Scorpio did not see a traffic light on red. A pedestrian walked out and the driver slammed on the brakes. The car locked up and a big cloud of tyre smoke enveloped the car. The car just caught the young woman but fortuitously she was uninjured. This whole incident was recorded on police CCTV. The driver was prosecuted for careless driving. He was also prosecuted for driving a vehicle in an unroadworthy condition, contravening the terms of construction and use of equipment as the pc who viewed the footage realised the ford should have ABS fitted. He ended up with 6 points and a big fine.
I am good friends with Roche Bentley, former CEO of Lancaster insurance. I would be more than happy to drop him a line and ask him whether his company would pay out if it could be proven that the owner knowingly drove round in a vehicle in direct contravention of section 40A .