did the MOT change?
did the MOT change?
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Discussion

ingenieur

Original Poster:

4,653 posts

210 months

Tuesday 17th December 2024
quotequote all
Got a quick question which is hard to find the answer to so just wondering if anybody knows.

I'm sure that in the past if you put your car in for an MOT and it failed then your car had no MOT.

Now it seems if your car fails an MOT the original date of expiry remains in place.

Did it change or am I remembering an old system which never existed?

Pincher

10,525 posts

246 months

Tuesday 17th December 2024
quotequote all
Think it has always been that way, unless it fails for dangerous defects?

ingenieur

Original Poster:

4,653 posts

210 months

Tuesday 17th December 2024
quotequote all
A car I'm looking at recently went through an MOT and got a fail with "major defects" but still has an MOT date expiring in January.

What is the situation with knowing you're driving an unroadworthy car? Presumably if you know the car has failed an MOT then you know it is unroadworthy and shouldn't be driving it?

Riley Blue

23,205 posts

255 months

Tuesday 17th December 2024
quotequote all
ingenieur said:
A car I'm looking at recently went through an MOT and got a fail with "major defects" but still has an MOT date expiring in January.

What is the situation with knowing you're driving an unroadworthy car? Presumably if you know the car has failed an MOT then you know it is unroadworthy and shouldn't be driving it?
Correct.

Panamax

9,658 posts

63 months

Tuesday 17th December 2024
quotequote all
ingenieur said:
Presumably if you know the car has failed an MOT then you know it is unroadworthy and shouldn't be driving it?
No, it depends on the reason for the fail. The legal test of roadworthyness is completely separate from MOT status.

For instance, you might fail MOT for not having correct BS marking on a number plate. Is the car unroadworthy? No. But if you get a dangerous fail for defective brakes then the car is clearly unroadworthy and should not be driven on the road, even if the old MOT is still current.

Riley Blue

23,205 posts

255 months

Tuesday 17th December 2024
quotequote all
Panamax said:
ingenieur said:
Presumably if you know the car has failed an MOT then you know it is unroadworthy and shouldn't be driving it?
No, it depends on the reason for the fail. The legal test of roadworthyness is completely separate from MOT status.

For instance, you might fail MOT for not having correct BS marking on a number plate. Is the car unroadworthy? No. But if you get a dangerous fail for defective brakes then the car is clearly unroadworthy and should not be driven on the road, even if the old MOT is still current.
You should not drive a car that you know to be unroadworthy irrespective of whether it has a current MOT or not.

Sebring440

3,206 posts

125 months

Tuesday 17th December 2024
quotequote all
ingenieur said:
Got a quick question which is hard to find the answer to so just wondering if anybody knows.
I'm sure that in the past if you put your car in for an MOT and it failed then your car had no MOT.
Now it seems if your car fails an MOT the original date of expiry remains in place.
Did it change or am I remembering an old system which never existed?
https://www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=2040563&i=0

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Etc, etc, etc....



ingenieur

Original Poster:

4,653 posts

210 months

Tuesday 17th December 2024
quotequote all
Sebring440 said:
ingenieur said:
Got a quick question which is hard to find the answer to so just wondering if anybody knows.
I'm sure that in the past if you put your car in for an MOT and it failed then your car had no MOT.
Now it seems if your car fails an MOT the original date of expiry remains in place.
Did it change or am I remembering an old system which never existed?
https://www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=2040563&i=0

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Etc, etc, etc....
The bit which I was thinking of in particular which has been answered is whether or not your MOT is valid after a failure. The answer seems to be 'depends'. And the most important bit is whether or not it is unroadworthy. The car in question has failed on emissions so I'm inclined to believe that car would be roadworthy and therefore it doesn't matter that it failed an MOT, it can be driven legally until the MOT expiry... unless emissions failure is a dangerous defect?

brillomaster

1,865 posts

199 months

Tuesday 17th December 2024
quotequote all
https://www.gov.uk/getting-an-mot/after-the-test

"Driving a vehicle that’s failed
You can take your vehicle away if:

your current MOT is still valid
no ‘dangerous’ problems were listed in the MOT
Otherwise, you’ll need to get it repaired before you can drive.

If you can take your vehicle away, it must still meet the minimum standards of roadworthiness at all times."

MustangGT

13,832 posts

309 months

Tuesday 17th December 2024
quotequote all
ingenieur said:
The bit which I was thinking of in particular which has been answered is whether or not your MOT is valid after a failure. The answer seems to be 'depends'. And the most important bit is whether or not it is unroadworthy. The car in question has failed on emissions so I'm inclined to believe that car would be roadworthy and therefore it doesn't matter that it failed an MOT, it can be driven legally until the MOT expiry... unless emissions failure is a dangerous defect?
No it does not depend. Your MoT is valid to the date on the certificate, no ifs or buts.

That is entirely different to whether the car is roadworthy or not as you have noted. An MoT failure would be a good indicator that it is not roadworthy currently even if it is 'just emissions'.

brillomaster

1,865 posts

199 months

Tuesday 17th December 2024
quotequote all
https://www.gov.uk/check-vehicle-safe

no mention of emissions making a car unroadworthy - though the MOT certificate will confirm by either listing the fail on emissions as either 'Major' in which case you can continue to drive until the current MOT expiry date, or Dangerous, in which case it must be repaired immediately before it can be driven.

kambites

71,462 posts

250 months

Tuesday 17th December 2024
quotequote all
ingenieur said:
A car I'm looking at recently went through an MOT and got a fail with "major defects" but still has an MOT date expiring in January.

What is the situation with knowing you're driving an unroadworthy car? Presumably if you know the car has failed an MOT then you know it is unroadworthy and shouldn't be driving it?
Strictly speaking driving a non-roadworthy car is illegal whether you know it's non-roadworthy or not, although I suspect in practice crashing due to a defect in a car you knew was unroadworthy would be viewed in a dimmer light than crashing in a car you had no way to know was unroadworthy.

So driving a vehicle with a "dangerous" fail away from an MoT centre is illegal... but so was driving it to the MOT centre in the first place.

Sheepshanks

40,982 posts

148 months

Tuesday 17th December 2024
quotequote all
ingenieur said:
The bit which I was thinking of in particular which has been answered is whether or not your MOT is valid after a failure. The answer seems to be 'depends'.
It's valid to the extent that you couldn't be prosecuted for not having an MOT.

aceofspades1

380 posts

50 months

Wednesday 18th December 2024
quotequote all
MustangGT said:
No it does not depend. Your MoT is valid to the date on the certificate, no ifs or buts.

That is entirely different to whether the car is roadworthy or not as you have noted. An MoT failure would be a good indicator that it is not roadworthy currently even if it is 'just emissions'.
The road traffic act is pretty clear on what makes a vehicle unroadworthy:



There's still nothing to stop an officer from pulling you over if you're billowing out smoke, but the actual term "roadworthiness" relates to safety, absolutely nothing to do with whether it failed the MOT.

Krikkit

27,938 posts

210 months

Wednesday 18th December 2024
quotequote all
MustangGT said:
ingenieur said:
The bit which I was thinking of in particular which has been answered is whether or not your MOT is valid after a failure. The answer seems to be 'depends'. And the most important bit is whether or not it is unroadworthy. The car in question has failed on emissions so I'm inclined to believe that car would be roadworthy and therefore it doesn't matter that it failed an MOT, it can be driven legally until the MOT expiry... unless emissions failure is a dangerous defect?
No it does not depend. Your MoT is valid to the date on the certificate, no ifs or buts.

That is entirely different to whether the car is roadworthy or not as you have noted. An MoT failure would be a good indicator that it is not roadworthy currently even if it is 'just emissions'.
1,000,000 times this. Please let's just tattoo it on the forum somehow.