MOT fail - garage says I can't drive my car?!?
Discussion
clayts450 said:
Isn't the offside front seat belt the driver's seat belt... ?
Bit tricky to drive home if no-one is sat in the seat.
Well spotted - she said passenger belt on the phone...Bit tricky to drive home if no-one is sat in the seat.
I can actually see an argument to say the car isn't roadworthy if its the driver's belt, which may (in part) support the garage
DuraAce said:
Doofus said:
Your old MOT was superceded by submitting to a new test.
There are rules about driving to and from an MOT, but your old certificate is no longer valid. You can't just pretend the test in which you failed didn't take place.
Simply wrong. There are rules about driving to and from an MOT, but your old certificate is no longer valid. You can't just pretend the test in which you failed didn't take place.
OP.... Its your car and belongs to you (obviously!)... The garage have absolutely no right to impound your property.
Retrieve your vehicle ASAP.
When did I suggest he didn't have the right to claim his own property? I said that he'd failed an MOT, therefore the previous MOT (which originally ran to a later date) has been superceded.
As far as I am aware, that's the position. I'm not commenting on his car being 'impounded', just on the fact that he can't say "My old MOT is still in force" because it isn't.
Doofus said:
DuraAce said:
Doofus said:
Your old MOT was superceded by submitting to a new test.
There are rules about driving to and from an MOT, but your old certificate is no longer valid. You can't just pretend the test in which you failed didn't take place.
Simply wrong. There are rules about driving to and from an MOT, but your old certificate is no longer valid. You can't just pretend the test in which you failed didn't take place.
OP.... Its your car and belongs to you (obviously!)... The garage have absolutely no right to impound your property.
Retrieve your vehicle ASAP.
When did I suggest he didn't have the right to claim his own property? I said that he'd failed an MOT, therefore the previous MOT (which originally ran to a later date) has been superceded.
As far as I am aware, that's the position. I'm not commenting on his car being 'impounded', just on the fact that he can't say "My old MOT is still in force" because it isn't.
Unless the rules have very recently changed, in which case would you kindly point me in the direction of them?
Andyjc86 said:
Doofus said:
DuraAce said:
Doofus said:
Your old MOT was superceded by submitting to a new test.
There are rules about driving to and from an MOT, but your old certificate is no longer valid. You can't just pretend the test in which you failed didn't take place.
Simply wrong. There are rules about driving to and from an MOT, but your old certificate is no longer valid. You can't just pretend the test in which you failed didn't take place.
OP.... Its your car and belongs to you (obviously!)... The garage have absolutely no right to impound your property.
Retrieve your vehicle ASAP.
When did I suggest he didn't have the right to claim his own property? I said that he'd failed an MOT, therefore the previous MOT (which originally ran to a later date) has been superceded.
As far as I am aware, that's the position. I'm not commenting on his car being 'impounded', just on the fact that he can't say "My old MOT is still in force" because it isn't.
Unless the rules have very recently changed, in which case would you kindly point me in the direction of them?
The same old arguments get recycled with monotonous regularity.
From 12 months ago - https://www.pistonheads.com/gassing/topic.asp?h=0&...
If there is an existing Certificate which is still in date the FAIL notice does not make it invalid.
Of course it doesn't help when the DVSA can't make up its collective mind.
The key question is whether the defect makes the car dangerous to drive.
There is a world of difference between a rusted out seat belt anchorage point and a blown 'tell tale' light on your rear fog lamp switch.
Yet both are Reasons for Rejection.
caziques said:
It is, of course, perfectly legal remove seats (apart from the drivers) - then the relevant seat belts do not form part of the test.
(Been there, done that).
This. Take the seat out.(Been there, done that).
You'll probably get an advisory for "front seat not fitted", in which case so long as you fix the fault and keep the receipt for the work, when selling in the future you're golden.
Doofus said:
DuraAce said:
Doofus said:
Your old MOT was superceded by submitting to a new test.
There are rules about driving to and from an MOT, but your old certificate is no longer valid. You can't just pretend the test in which you failed didn't take place.
Simply wrong. There are rules about driving to and from an MOT, but your old certificate is no longer valid. You can't just pretend the test in which you failed didn't take place.
OP.... Its your car and belongs to you (obviously!)... The garage have absolutely no right to impound your property.
Retrieve your vehicle ASAP.
When did I suggest he didn't have the right to claim his own property? I said that he'd failed an MOT, therefore the previous MOT (which originally ran to a later date) has been superceded.
As far as I am aware, that's the position. I'm not commenting on his car being 'impounded', just on the fact that he can't say "My old MOT is still in force" because it isn't.
You'll notice I started that sentence with 'OP.....'. Apologies if that was unclear. Perhaps I should have quoted his first post directly, it's just that the PH quote system is so rubbish I couldn't be bothered.
I did say that you're simply wrong to say his current valid mot has been superceded. That is complete and utter bks.
If you think it's not then post up a link to the law that says it is.....
Burgerbob said:
clayts450 said:
Isn't the offside front seat belt the driver's seat belt... ?
Bit tricky to drive home if no-one is sat in the seat.
Well spotted - she said passenger belt on the phone...Bit tricky to drive home if no-one is sat in the seat.
I can actually see an argument to say the car isn't roadworthy if its the driver's belt, which may (in part) support the garage
Get someone who’s pregnant and has a medical exemption from wearing a seatbelt to drive it home?
Stupid suggestion, admittedly, but just pointing out that even if the seatbelt is fubared it doesn’t affect the roadworthiness of the vehicle to prevent you taking it away.
It’s not like a bald tyre or the steering wheel falling off.
Burgerbob said:
I can actually see an argument to say the car isn't roadworthy if its the driver's belt, which may (in part) support the garage
Let's put it this way, it's as legal to drive the car home as it was to drive it to the test - and it's as legal to drive it around next week as it was last week.There's two question.
1. Will you get a tug for not having a valid MOT? No - your MOT expires on 9th Feb.
2. Will you get a tug for your car not being roadworthy? The roadworthiness hasn't changed, unless Mr MOT had a little pop at the belt with a stanley knife to manufacture a fail...
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