MOT fail - garage says I can't drive my car?!?

MOT fail - garage says I can't drive my car?!?

Author
Discussion

Bigends

5,412 posts

127 months

Saturday 20th January 2018
quotequote all
cmaguire said:
You appear to be right.
Wouldn't have me leaving it there or stop me driving it either though.
Exactly - doesnt make the car unroadworthy

Pericoloso

44,044 posts

162 months

Saturday 20th January 2018
quotequote all
clayts450 said:
Isn't the offside front seat belt the driver's seat belt... ?
.
Well spotted that man ,OP said it was the passengers belt ^^^^.......confused

Assume it's not LHD.

Burgerbob

Original Poster:

485 posts

76 months

Saturday 20th January 2018
quotequote all
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...

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

brrapp

3,701 posts

161 months

Saturday 20th January 2018
quotequote all
My 'friend' may have given a frayed seatbelt a bit of a tidy up with a Bic razor in the past. Did a retest and it passed the next day wink

Mexman

2,442 posts

83 months

Saturday 20th January 2018
quotequote all
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.
Hah, well spotted that man clap

cmaguire

3,589 posts

108 months

Saturday 20th January 2018
quotequote all
You do realise 'seatbelts save lives' don't you?

And they're one of the 'Fatal Four' apparently.

I'm taking the piss by the way.

Boosted LS1

21,167 posts

259 months

Saturday 20th January 2018
quotequote all
FFS just take your car home or to another garage. You're not going to jail.

Doofus

25,732 posts

172 months

Sunday 21st January 2018
quotequote all
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Your old MOT was superceded by submitting to a new test.

There are rules about driving to and from an MOT, but your old certificate is no longer valid.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.

OP.... Its your car and belongs to you (obviously!)... The garage have absolutely no right to impound your property.

Retrieve your vehicle ASAP.
Simply bks.

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.

Andyjc86

1,149 posts

148 months

Sunday 21st January 2018
quotequote all
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.

OP.... Its your car and belongs to you (obviously!)... The garage have absolutely no right to impound your property.

Retrieve your vehicle ASAP.
Simply bks.

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.
But it is......

Unless the rules have very recently changed, in which case would you kindly point me in the direction of them?

irc

7,171 posts

135 months

Sunday 21st January 2018
quotequote all
The screenshot on page 1 clearly shows the Jan Mot fail while also stating Mot valid until Feb
Obviously the old Mot is still valid.

Edited by irc on Sunday 21st January 01:31

Red Devil

13,055 posts

207 months

Sunday 21st January 2018
quotequote all
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.

OP.... Its your car and belongs to you (obviously!)... The garage have absolutely no right to impound your property.

Retrieve your vehicle ASAP.
Simply bks.

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.
But it is......

Unless the rules have very recently changed, in which case would you kindly point me in the direction of them?
Quite. Déjà vu. Again. rolleyes
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

2,567 posts

167 months

Sunday 21st January 2018
quotequote all

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).


SS2.

14,455 posts

237 months

Sunday 21st January 2018
quotequote all
Doofus said:
I said that he'd failed an MOT, therefore the previous MOT (which originally ran to a later date) has been superceded.
It hasn't - the current MOT remains valid until the date shown on the certificate. In this case, Feb 9th.

ShampooEfficient

4,266 posts

210 months

Sunday 21st January 2018
quotequote all
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.

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.

M_A_S

1,441 posts

184 months

Sunday 21st January 2018
quotequote all
The garage is lying, possibly to avoid you finding out they've made up the failure as well.

You don't want a garage like that to be fixing your car.

DuraAce

4,240 posts

159 months

Sunday 21st January 2018
quotequote all
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.

OP.... Its your car and belongs to you (obviously!)... The garage have absolutely no right to impound your property.

Retrieve your vehicle ASAP.
Simply bks.

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 didn't suggest anything about claiming property. I didn't say you did! I was replying to the OP who said in his opening post says he'd been told he could not drive his car.
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.....

Chrisgr31

13,440 posts

254 months

Sunday 21st January 2018
quotequote all
Be interesting to see how frayed the seat belt is. My drivers seat belt has an element of fraying to it, bit the car passed its MOT in November, without even an advisory.

I had pondered tidying it up with a paid of scissors prior to the test, but forgot!

PorkInsider

5,877 posts

140 months

Sunday 21st January 2018
quotequote all
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...

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
It still doesn’t make the car unroadworthy.

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.

TooMany2cvs

29,008 posts

125 months

Sunday 21st January 2018
quotequote all
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...

Doofus

25,732 posts

172 months

Sunday 21st January 2018
quotequote all
Evidently I've been misinformed my whole life. As has the OP's MOT Tester