MOT Failure - legal to drive?
Discussion
With the best part of a month to run on my current MOT, I booked my car in for an MOT test. I've always done this, as if the car passes, the new ticket is post dated to the expiry of the current one. If it fails, I've got until the current MOT runs out to get the car fixed and retested. Until now apparently:
Car failed the MOT yesterday, and the testing garage told me that with the new 'electronic MOT' a failure notice means the car is deemed to have no MOT - the remaining period on the 'current' MOT is void.
Is this true?
Car failed the MOT yesterday, and the testing garage told me that with the new 'electronic MOT' a failure notice means the car is deemed to have no MOT - the remaining period on the 'current' MOT is void.
Is this true?
As far as I am aware they have not amended the legisltaion to cover this as yet, if the intend to do so.
What will occur is that through electronic records BIB' s attention may be drawn to the fact that is has defects and result in a thorough examination being made and reported for any offences disclosed.
dvd
What will occur is that through electronic records BIB' s attention may be drawn to the fact that is has defects and result in a thorough examination being made and reported for any offences disclosed.
dvd
Thanks DVD. VOSA confirm verbally (but not in writing) that nothing has changed. I am still legal until the expiry of my old certificate. However a well known motoring 'agony aunt' in a popular Saturday paper motoring supplement agrees with the MOT station! I guess your statement is correct. Legally I'm OK - but am broadside to a Police Officer having an off-day.
Griffter said:
Thanks DVD. VOSA confirm verbally (but not in writing) that nothing has changed. I am still legal until the expiry of my old certificate. However a well known motoring 'agony aunt' in a popular Saturday paper motoring supplement agrees with the MOT station! I guess your statement is correct. Legally I'm OK - but am broadside to a Police Officer having an off-day.
Sorry if I'm misunderstanding this, but the MOT is one issue.
The other is that you're (knowingly) driving an unroadworthy car. That isn't legal, and presumeably has insurance implications too.
Driving a car back from test with defects does not invalidate the third party aspect of motor Insurance. They pay out to the third party but because of a requirement they may have put in the policy can then come back at you through civil claim for what they have paid out.
(Section 148 (2) (b) RTA 1988)
dvd
(Section 148 (2) (b) RTA 1988)
dvd
deva link said:
Griffter said:
Thanks DVD. VOSA confirm verbally (but not in writing) that nothing has changed. I am still legal until the expiry of my old certificate. However a well known motoring 'agony aunt' in a popular Saturday paper motoring supplement agrees with the MOT station! I guess your statement is correct. Legally I'm OK - but am broadside to a Police Officer having an off-day.
Sorry if I'm misunderstanding this, but the MOT is one issue.
The other is that you're (knowingly) driving an unroadworthy car. That isn't legal, and presumeably has insurance implications too.
An MOT certificate is not an indication of roadworthiness of a vehicle. Also just because it failed doesn't mean it is not roadworthy.
Dwight VanDriver said:
A MOT failure for duff tyres, steering etc does not exempt proceedings against the user if the vehicle is driven on a road.?
Bear in mind the majority of items checked have a requirement at law to be up to scratch.
dvd
Bear in mind the majority of items checked have a requirement at law to be up to scratch.
dvd
Edited by Dwight VanDriver on Wednesday 13th September 15:52
If the car had failed on duff tyres or a defective anything, the garage can refuse to let the car go back on the road, depending on the severity of the defect.
falcemob said:
deva link said:
Griffter said:
Thanks DVD. VOSA confirm verbally (but not in writing) that nothing has changed. I am still legal until the expiry of my old certificate. However a well known motoring 'agony aunt' in a popular Saturday paper motoring supplement agrees with the MOT station! I guess your statement is correct. Legally I'm OK - but am broadside to a Police Officer having an off-day.
Sorry if I'm misunderstanding this, but the MOT is one issue.
The other is that you're (knowingly) driving an unroadworthy car. That isn't legal, and presumeably has insurance implications too.
An MOT certificate is not an indication of roadworthiness of a vehicle. Also just because it failed doesn't mean it is not roadworthy.
Dwight VanDriver said:
Driving a car back from test with defects does not invalidate the third party aspect of motor Insurance. They pay out to the third party but because of a requirement they may have put in the policy can then come back at you through civil claim for what they have paid out.
(Section 148 (2) (b) RTA 1988)
dvd
(Section 148 (2) (b) RTA 1988)
dvd
Of course. But I would still say that's an 'implication' if the OP (for example) was in a crash and expected his fully comp insurance to pay out.
Fiskkeeper said:
as far as im aware, from trying this with my own cars in the past. the computer MOTs cant be forward dated to the end of the current MOT. another way to try & force older cars off the road?
Yes they can and even if they couldn't, how would that force older cars off the road?
falcemob said:
Fiskkeeper said:
as far as im aware, from trying this with my own cars in the past. the computer MOTs cant be forward dated to the end of the current MOT. another way to try & force older cars off the road?
Yes they can and even if they couldn't, how would that force older cars off the road?
I've just got one forward dated almost a month. I took the car in the main dealer a bit before its 3rd birthday just in case it needed anything doing under warranty and they did the MOT at the same time and foward dated it to its birthday.
Dwight VanDriver said:
A MOT failure for duff tyres, steering etc does not exempt proceedings against the user if the vehicle is driven on a road.?
Bear in mind the majority of items checked have a requirement at law to be up to scratch.
dvd
Bear in mind the majority of items checked have a requirement at law to be up to scratch.
dvd
Edited by Dwight VanDriver on Wednesday 13th September 15:52
There are many reasons why you could fail an MOT and not have a unroadworthy vehicle. Wipers/blades, emissions, numberplate, lights, exhaust etc, but I take your point.
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