Getting car fixed after MOT fail, current MOT not valid
Discussion
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 !!!
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 !!!
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.
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,
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.
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,
correct.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.
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.
Ah, just seen the post above, I guess it was legal then.
Edited by kuro on Wednesday 1st November 22:50
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.
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 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 b
ks 
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 b
ks 
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. 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.
Caveat being if the car is a complete shed and and deemed dangerous and prohibitable the above should be disregarded
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.
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 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-certificateIs 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.
"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"
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. 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.
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).
<..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).
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 b
ks 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.)
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