MOT fail - immediate restriction on using vehicle ?
Discussion
A friend took his small van for MOT this week. Existing MOT has another two weeks to run.
Although van is generally tidy, it failed the MOT as it needs a bit of welding. MOT place have told him he can't now use it as, if he is stopped by the police, he will risk prosecution for driving a vehicle that he now knows to be unroadworthy. And that this would be the case for any MOT failure reason (so not just some potentially catastrophic brake issue or whatever).
And the fact that the existing MOT has two weeks still to run is no defence ?
Is this correct ? Surely negates the point of taking for MOT early (during the one month window) ?
Although van is generally tidy, it failed the MOT as it needs a bit of welding. MOT place have told him he can't now use it as, if he is stopped by the police, he will risk prosecution for driving a vehicle that he now knows to be unroadworthy. And that this would be the case for any MOT failure reason (so not just some potentially catastrophic brake issue or whatever).
And the fact that the existing MOT has two weeks still to run is no defence ?
Is this correct ? Surely negates the point of taking for MOT early (during the one month window) ?
Edited by OddCat on Saturday 7th January 14:20
An MOT is valid until its expiry date, as shown on the certificate / receipt itself. The fact that the vehicle may have failed a test before the expiry date does not alter this.
A valid MOT does not protect the driver from prosecution should there be faults on the vehicle contrary to Construction & Use regulations. But this would be the case irrespective whether the vehicle had just failed a test or, indeed, just passed a test.
And an MOT failure does not automatically make a car unroadworthy or 'dangerous', nor does it place a immediate prohibition on use of the vehicle until repairs have been undertaken or a new test has been passed.
A valid MOT does not protect the driver from prosecution should there be faults on the vehicle contrary to Construction & Use regulations. But this would be the case irrespective whether the vehicle had just failed a test or, indeed, just passed a test.
And an MOT failure does not automatically make a car unroadworthy or 'dangerous', nor does it place a immediate prohibition on use of the vehicle until repairs have been undertaken or a new test has been passed.
I was under the impression, as above, that the rules had changed and that a MOT failure invalidated any existing valid one, but this is contradicted by the GOV.UK website...
https://www.gov.uk/getting-an-mot/after-the-test
https://www.gov.uk/getting-an-mot/after-the-test
I think I should delete my post above ?? It looks as if DVSA started all this confusion themselves !! https://www.motoringresearch.com/car-news/can-you-...
MOT or no MOT,if you drive a defective car you could be in trouble.
MOT or no MOT,if you drive a defective car you could be in trouble.
Edited by Old Merc on Saturday 7th January 15:45
t you get from some garages. Old Merc said:
My MOT guy tells me that there are now new rules.
When a vehicle FAILS an MOT the old certificate becomes invalid.Mind you it takes about 24hrs or so to show up on Mr Plods NPR,so us motor traders will have time to drive away,repair it and return for a retest.
Does your MOT guy have a link to the new legislation? No? That'll be because he's made it up.When a vehicle FAILS an MOT the old certificate becomes invalid.Mind you it takes about 24hrs or so to show up on Mr Plods NPR,so us motor traders will have time to drive away,repair it and return for a retest.
Cat
OddCat said:
A friend took his small van for MOT this week. Existing MOT has another two weeks to run.
So it still has a valid MOT for two more weeks.OddCat said:
Although van is generally tidy, it failed the MOT as it needs a bit of welding. MOT place have told him he can't now use it as, if he is stopped by the police, he will risk prosecution for driving a vehicle that he now knows to be unroadworthy. And that this would be the case for any MOT failure reason
If it's illegally unroadworthy now (what's the welding?), then it was illegally unroadworthy the day before he took it in for the MOT - and would have been illegally unroadworthy for the next two weeks even if he'd left it to the last minute to retest it.If it IS illegal to use, then it's illegal because of the unroadworthiness, not because of the MOT, and not because of his knowledge of the unroadworthiness.
TooMany2cvs said:
If it's illegally unroadworthy now (what's the welding?), then it was illegally unroadworthy the day before he took it in for the MOT - and would have been illegally unroadworthy for the next two weeks even if he'd left it to the last minute to retest it.
If it IS illegal to use, then it's illegal because of the unroadworthiness, not because of the MOT, and not because of his knowledge of the unroadworthiness.
.......so, with each MOT failure reason the tester needs to state whetherror he feels that the fail reason makes the car unroadworthy ? But surely ANY fail reason is effectively saying that ?If it IS illegal to use, then it's illegal because of the unroadworthiness, not because of the MOT, and not because of his knowledge of the unroadworthiness.
OddCat said:
Cliftonite said:
But thanks anyway for the sarcasm...
Google search with the "site
istonheads.com" is so much better.https://www.google.co.uk/webhp?sourceid=chrome-ins...
istonheads.comWhat has not been said is the confusion is the fault of officialdom. A <dot>gov website did in fact last year say an existing MOT was nullified by a more recent failure. But that is not true - and there has been no change in legislation.
Not the only untruth propounded by the current 'simplify' gov websites campaign.
Not the only untruth propounded by the current 'simplify' gov websites campaign.
I like the French system. First test at 4 years and then bi annual.
In the event of failure you are given two months to undertake the repairs and to return the vehicle to a test centre for an examination of the repair. You are permitted to drive the vehicle during this two month period.
If the test fails again, you are given a further two months to repair and return to the test centre.
In the event of failure you are given two months to undertake the repairs and to return the vehicle to a test centre for an examination of the repair. You are permitted to drive the vehicle during this two month period.
If the test fails again, you are given a further two months to repair and return to the test centre.
OddCat said:
TooMany2cvs said:
If it's illegally unroadworthy now (what's the welding?), then it was illegally unroadworthy the day before he took it in for the MOT - and would have been illegally unroadworthy for the next two weeks even if he'd left it to the last minute to retest it.
If it IS illegal to use, then it's illegal because of the unroadworthiness, not because of the MOT, and not because of his knowledge of the unroadworthiness.
.......so, with each MOT failure reason the tester needs to state whetherror he feels that the fail reason makes the car unroadworthy ?If it IS illegal to use, then it's illegal because of the unroadworthiness, not because of the MOT, and not because of his knowledge of the unroadworthiness.
OddCat said:
But surely ANY fail reason is effectively saying that ?
No. Non-working dash or numberplate illumination does not render it unroadworthy in daylight. A missing or non-working rear foglight does not render it unroadworthy on a clear day. Shagged wipers do not render it unroadworthy on a dry day. An insecure towbar or faulty 13-pin tow socket do not render it unroadworthy so long as you don't have a trailer on. Shagged or missing rear seatbelts do not render it unroadworthy with no rear passengers. Etc, etc, etc, etc... Maybe the bald or shagged tyre, or the duff bulbs, have been changed, but it's not been retested.Maybe the welding's been done, but it's not been retested...
rewc said:
I like the French system. First test at 4 years and then bi annual.
In the event of failure you are given two months to undertake the repairs and to return the vehicle to a test centre for an examination of the repair. You are permitted to drive the vehicle during this two month period.
If the test fails again, you are given a further two months to repair and return to the test centre.
Try the Swiss system if you have green "administrative" plates (sort of low level diplomatic plates)In the event of failure you are given two months to undertake the repairs and to return the vehicle to a test centre for an examination of the repair. You are permitted to drive the vehicle during this two month period.
If the test fails again, you are given a further two months to repair and return to the test centre.
You never need an MOT. Exempt.
Not always the best thing as my car-maintanance-ignorant friend found out with her very tired Astra.
rewc said:
I like the French system. First test at 4 years and then bi annual.
In the event of failure you are given two months to undertake the repairs and to return the vehicle to a test centre for an examination of the repair. You are permitted to drive the vehicle during this two month period.
If the test fails again, you are given a further two months to repair and return to the test centre.
I don't like that at all. But, then, I don't regard an MOT pass as some impossible highpoint of vehicle condition - it's a bare minimum. A fail is a kick up the arse that you're not maintaining properly.In the event of failure you are given two months to undertake the repairs and to return the vehicle to a test centre for an examination of the repair. You are permitted to drive the vehicle during this two month period.
If the test fails again, you are given a further two months to repair and return to the test centre.
The MOT requirement is to have a test once per year. If your car has passed an MOT in the past year then you have a valid MOT. This applies regardless of when you next have an MOT done.
Your car needs to be roadworthy. This applied ragardless of if you have a valid MOT. If your car is not roadworthy then it should not be on the road.
If car fails an MOT on something like a windscreen chip, but its still within a year since its last MOT then you are fine to drive it. If is has 4 bald tyres and the brakes are shot, then no you can't drive it (but that applied before you took it into a testing station)
Your car needs to be roadworthy. This applied ragardless of if you have a valid MOT. If your car is not roadworthy then it should not be on the road.
If car fails an MOT on something like a windscreen chip, but its still within a year since its last MOT then you are fine to drive it. If is has 4 bald tyres and the brakes are shot, then no you can't drive it (but that applied before you took it into a testing station)
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