Chas:
iDriver:
Sorry Chas but you are wrong when you say the driver has not committed it and your above answer confirms that. Otherwise why could/would CPS charge in the first place? They are fully aware of the statutory defences and wouldn’t waste their time or the court time when there is a prima facia defence.We do however agree on one point and that is the point that the court would in most cases dismiss the case against the driver, but NOT because he has a defence because as a google search of the legislation and my earlier posts will both confirm, he can not avail himself of either of the 2 statutory defences. Instead the court would if they chose dismiss because of the mitigation, I.e. the driver did not know it had no mot and could not have been reasonably expected to know. That is mitigation in this case not a statutory defence.
No I’m not.
In the OP the driver has been given a producer & is asking here how much they will be fined?
We don’t have all the information required to give a definitive answer, but if we assume the OP is worried about being fined for driving an LGV without an MOT in place, then we can safely say that there IS a defence.
Perhaps DrivingMissDaisy is blatantly lying about their personal experience?
To be pedantic, the OP could very well be asking how much the fine is for simply not producing !
I give up 