MOT fail - immediate restriction on using vehicle ?
Discussion
KevinCamaroSS said:
Vipers said:
So you MOT has 4 weeks to run, you get it MOT'd, garage says you have two bald tyres, so it failed, you drive it away, and get stopped by plod dont think it would wash if you argued the MOT had 4 weeks to run.
Did you actually read the rest of this thread?An MOT is valid until the expiry date regardless. A car may also be unroadworthy during that period. The offence would be driving a car in an unroadworthy condition (your two bald tyres as an example), not driving without an MOT.
TooMany2cvs said:
Vipers said:
I just can't see a current MOT pass certificate staying valid if an early MOT fails it.
So, in your opinion, if your car fails on - say - a couple of tyres, you change them, but don't retest the car... then the car cannot be used?Vipers said:
TooMany2cvs said:
Vipers said:
I just can't see a current MOT pass certificate staying valid if an early MOT fails it.
So, in your opinion, if your car fails on - say - a couple of tyres, you change them, but don't retest the car... then the car cannot be used?If the MOT is invalidated, then the car still can't be used, even though the tyres have been changed.
If the car can be used legally, then the MOT has not been invalidated.
Can you, in your opinion, continue to use the car?
Vipers said:
Well can you show me a link which backs up your thoughts, just interested, I just can't see a current MOT pass certificate staying valid if an early MOT fails it.
It's true - a failed test doesn't cancel the current certificate..gov.uk said:
An MOT lasts for a year. The date it runs out is printed on the last pass certificate.
Linky.Vipers said:
Well can you show me a link which backs up your thoughts, just interested, I just can't see a current MOT pass certificate staying valid if an early MOT fails it.
The legislation statesRTA s.47 said:
Obligatory test certificates.
(1)A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
In this section and section 48 of this Act, the “appropriate period” means a period of twelve months or such shorter period as may be prescribed.
(1)A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
In this section and section 48 of this Act, the “appropriate period” means a period of twelve months or such shorter period as may be prescribed.
The legislation is quite clear the offence is using a vehicle for which no certificate has been issued within the last 12 months. Even if a vehicle has subsequently failed a test it still has a certificate issued withing to he appropriate period and so satisfies the law. Can you provide a link to some legislation which supports your claim that the certificate ceases to be valid?
Cat
Cat said:
Vipers said:
Well can you show me a link which backs up your thoughts, just interested, I just can't see a current MOT pass certificate staying valid if an early MOT fails it.
The legislation statesRTA s.47 said:
Obligatory test certificates.
(1)A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
In this section and section 48 of this Act, the “appropriate period” means a period of twelve months or such shorter period as may be prescribed.
(1)A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.
In this section and section 48 of this Act, the “appropriate period” means a period of twelve months or such shorter period as may be prescribed.
The legislation is quite clear the offence is using a vehicle for which no certificate has been issued within the last 12 months. Even if a vehicle has subsequently failed a test it still has a certificate issued withing to he appropriate period and so satisfies the law. Can you provide a link to some legislation which supports your claim that the certificate ceases to be valid?
Cat
Old Merc said:
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.
Yep, they caused a load of confusion with this stupidity. Then again causing confusion and distress are the only things the DVSA excels at.MOT or no MOT,if you drive a defective car you could be in trouble.
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