Getting car fixed after MOT fail, current MOT not valid
Getting car fixed after MOT fail, current MOT not valid
Author
Discussion

tbwtbw

Original Poster:

1 posts

106 months

Wednesday 1st November 2017
quotequote all
Are you allowed to to take a car thats just failed its MOT to be repaired, carnt seem to get a straight answer on this.....
the gov web site says
" If your MOT has run out you can take your vehicle to:

have the failed defects fixed"
but some people say no your not without a current MOT
am confused !!!

eltax91

10,756 posts

235 months

Wednesday 1st November 2017
quotequote all
Whoever ‘some people’ are, ignore them

SimianWonder

1,144 posts

181 months

Wednesday 1st November 2017
quotequote all
You're allowed to take the vehicle to and from a test centre. How else would you get it repaired / MOTd?

anonymous-user

83 months

Wednesday 1st November 2017
quotequote all
SimianWonder said:
You're allowed to take the vehicle to and from a test centre. How else would you get it repaired / MOTd?
You can still be nicked if you drive an unroadworthy car on the road - ever - including on your way for a pre-booked MOT test. That's what trailers are for.

The "no MOT certificate" offence is a separate specific offence. To state the obvious, you can be nicked for "no current MOT" even if the car is perfectly roadworthy.

anonymous-user

83 months

Wednesday 1st November 2017
quotequote all
The only thing to remember is that it's always an offence to use an unroadworthy vehicle on the road, with or without an MOT and with or without an unrepaired MOT fail.

Easy examples,
  • Old MOT still valid, new MOT failed for cracked number plate - car almost certainly remains roadworthy.
  • Old MOT still valid, new MOT failed for seriously defective brakes - clearly unroadworthy and an offence to drive it anywhere at all.

rallycross

13,749 posts

266 months

Wednesday 1st November 2017
quotequote all
rockin said:
The only thing to remember is that it's always an offence to use an unroadworthy vehicle on the road, with or without an MOT and with or without an unrepaired MOT fail.

Easy examples,
  • Old MOT still valid, new MOT failed for cracked number plate - car almost certainly remains roadworthy.
  • Old MOT still valid, new MOT failed for seriously defective brakes - clearly unroadworthy and an offence to drive it anywhere at all.
correct.


jay44

119 posts

144 months

Wednesday 1st November 2017
quotequote all
Got to remember: only time you can drive a motor without an MOT is when you're driving to get an MOT/MOT required repair *with a booked appointment*. Pigs will call up the garage with you pulled over to make sure, so be careful

kuro

1,638 posts

148 months

Wednesday 1st November 2017
quotequote all
My Brabus Roadster failed on front brake pipes at my local garage but they couldn't fix it due to it needing to be plugged into Mercedes diagnostics. I ended up driving it to a specialist 25 miles away. Although technically not legal, as I was taking it to be fixed would the police have let it go had I been pulled?

Ah, just seen the post above, I guess it was legal then.

Edited by kuro on Wednesday 1st November 22:50

MethylatedSpirit

2,100 posts

165 months

Wednesday 1st November 2017
quotequote all
From here:

https://www.gov.uk/getting-an-mot/after-the-test


Driving a vehicle that’s failed:
You can take your vehicle away if your MOT certificate is still valid.

If your MOT has run out you can take your vehicle to:

have the failed defects fixed
a pre-arranged MOT test appointment
In both cases, your vehicle still needs to meet the minimum standards of roadworthiness at all times or you can be fined.

Retroman

975 posts

162 months

Thursday 2nd November 2017
quotequote all
Failing an MOT doesn't invalidate any remaining time on a current MOT so you can still drive the vehicle anywhere, as long as the defects which caused it to fail the MOT don't make it illegal to use on the road.

Escort3500

13,470 posts

174 months

Thursday 2nd November 2017
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Retroman said:
Failing an MOT doesn't invalidate any remaining time on a current MOT so you can still drive the vehicle anywhere, as long as the defects which caused it to fail the MOT don't make it illegal to use on the road.
Are you sure? When mine failed recently, with about 10 days to go on the old MoT, the tester told me I could only drive home or to a repair garage, and the old MoT was no longer valid. He could, of course, have been talking bks smile

SS2.

14,710 posts

267 months

Thursday 2nd November 2017
quotequote all
Escort3500 said:
Retroman said:
Failing an MOT doesn't invalidate any remaining time on a current MOT so you can still drive the vehicle anywhere, as long as the defects which caused it to fail the MOT don't make it illegal to use on the road.
Are you sure? When mine failed recently, with about 10 days to go on the old MoT, the tester told me I could only drive home or to a repair garage, and the old MoT was no longer valid. He could, of course, have been talking bks smile
He was - the tester, that is.

pavarotti1980

6,330 posts

113 months

Thursday 2nd November 2017
quotequote all
rockin said:
You can still be nicked if you drive an unroadworthy car on the road - ever - including on your way for a pre-booked MOT test. That's what trailers are for.

The "no MOT certificate" offence is a separate specific offence. To state the obvious, you can be nicked for "no current MOT" even if the car is perfectly roadworthy.
If you are driving to the MOT test centre with an expired MOT then you are not committing any offence. That is the only exemption to no MOT on the roads and you would be required to provide proof of the appointment if stopped.

Caveat being if the car is a complete shed and and deemed dangerous and prohibitable the above should be disregarded

captainaverage

596 posts

116 months

Thursday 2nd November 2017
quotequote all
As mentioned already a car can still be driven on existing MOT following a failure prior to expiration of old MOT certificate.
If old MOT has expired and you've failed an MOT you can drive it to a place of repair or for a retest.
If a vehicle fails MOT due to a dangerous defect e.g wheels falling off, brakes not working etc. It cannot be driven on the road at all regardless of whether you have a valid MOT or not. Usually the MOT tester will put a comment 'dangerous' or similar on the failed MOT report following a dangerous defect being observed.

Decky_Q

2,084 posts

206 months

Thursday 2nd November 2017
quotequote all
Never heard of an exemption from MOT for 'taking it to have defects repaired' only to or from a prearranged MOT.

Is this exemption just in England and Wales or is it the same in NI? Our MOT centers are all government run so don't carry out any repairs.

Riley Blue

23,205 posts

255 months

Thursday 2nd November 2017
quotequote all
pavarotti1980 said:
If you are driving to the MOT test centre with an expired MOT then you are not committing any offence. That is the only exemption to no MOT on the roads....
No it isn't, it really, really isn't.

rewc

2,187 posts

262 months

Thursday 2nd November 2017
quotequote all
Decky_Q said:
Never heard of an exemption from MOT for 'taking it to have defects repaired' only to or from a prearranged MOT.

Is this exemption just in England and Wales or is it the same in NI? Our MOT centers are all government run so don't carry out any repairs.
https://www.nidirect.gov.uk/articles/mot-certificate

"It's generally an offence to use a vehicle of test age that doesn’t have a current test certificate on a public road except when:

taking it to a test centre for a test booked in advance
bringing it away from a test centre after it has failed the test, to a place of repair
taking it to or bringing it away from a place where, by previous arrangement, repairs are to be made or have been made to fix the faults that caused the vehicle to fail its test"

SS2.

14,710 posts

267 months

Thursday 2nd November 2017
quotequote all
Decky_Q said:
Never heard of an exemption from MOT for 'taking it to have defects repaired' only to or from a prearranged MOT.

Is this exemption just in England and Wales or is it the same in NI? Our MOT centers are all government run so don't carry out any repairs.
The pre-arranged 'to / from a place of repair' exemption also applies in NI but, same as Eng & Wales, only after a test has been failed.

NI test regulations said:
(2) The use of a vehicle –

<..snip..>

(iii) where a test certificate is refused on an examination –

(A) for the purpose of delivering it by previous arrangement at, or bringing it away from, a place where work is to be or has been done on it to remedy for a further examination the defects on the grounds of which the test certificate was refused;

<..snip..>

is exempt from Article 63(1).

Aretnap

1,969 posts

180 months

Thursday 2nd November 2017
quotequote all
captainaverage said:
If a vehicle fails MOT due to a dangerous defect e.g wheels falling off, brakes not working etc. It cannot be driven on the road at all regardless of whether you have a valid MOT or not. Usually the MOT tester will put a comment 'dangerous' or similar on the failed MOT report following a dangerous defect being observed.
If we want to be pedantic, it's the dangerous defects that make it illegal to drive, not the fact that it's failed an MOT or the fact that a tester has written "dangerous" on the report. The tester cannot prohibit you from driving a car, he can only give you his opinion that it is unsafe to drive. Whether it is actually unsafe would ultimately be for a court to decide.

MOT testers aren't infallible (in fact I've even heard that there are a few dodgy ones who fail cars on spurious grounds to drum up business for their garages), so if the tester fails your car and tells you that it has four bald tyres, a serious brake defect and a steering column that is about to snap, then if you think he's talking bks you can still drive it perfectly legally. So long as you're right, of course.

(NB: I would not recommend actually doing this, just pointing out that in theory it could be legal.)