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

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

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Discussion

SS2.

14,462 posts

238 months

Sunday 21st January 2018
quotequote all
Doofus said:
Evidently I've been misinformed my whole life. As has the OP's MOT Tester
Don't sweat it - the same misinformation was even published on a .gov.uk website a while back.

gooner1

10,223 posts

179 months

Sunday 21st January 2018
quotequote all
I'm amazed that MOT testing stations aren't full to
the brim, with failed cars. Due to the age of most of my past, and present cars, I have had multiple MOT failures, not once has a Garage refused to let me drive the car away.

Edited by gooner1 on Sunday 21st January 10:45

Chrisgr31

13,481 posts

255 months

Sunday 21st January 2018
quotequote all
The issue would be if, after leaving the MOT centre, you had an accident/insurance claim which was related to whatever had caused the car to fail in the first place.

When you think about it you must be able to take your car away after its failed as otherwise what happens at those centres that only do MOTs, does every failure leave on a tow truck? At any other centre you only get a free (do they still exist?) when its been left with them to do the work. That must imply you can take it elsewhere to be done, therefore driving away afterwards.

mickmcpaddy

1,445 posts

105 months

Sunday 21st January 2018
quotequote all
Even if it had 4 slicks and no brakes they still couldn't stop you driving away if you wanted to, its your car not theirs.

gooner1

10,223 posts

179 months

Sunday 21st January 2018
quotequote all
mickmcpaddy said:
Even if it had 4 slicks and no brakes they still couldn't stop you driving away if you wanted to, its your car not theirs.
If it had 4 slicks and no brakes, there is not a lot that could stop you.

Piersman2

6,598 posts

199 months

Sunday 21st January 2018
quotequote all
SS2. said:
Doofus said:
Evidently I've been misinformed my whole life. As has the OP's MOT Tester
Don't sweat it - the same misinformation was even published on a .gov.uk website a while back.
Indeed. This question pops up every week or so. I've given up responding with the correct position as life's too short. It doesn't help that the searching on PH has never been the best. smile

But in a nutshell, if you submit your car at any point for an MOT and it fails it will NOT cancel/supersede an existing MOT.
It's then up to you to decide if it's road worthy enough to carry on using, not the garage. Somethings, like bald tyres, are obviously not safe and need rectifying quickly, I wouldn't continue to use a car with bald tyres but I would take it to a local tyre shop to get it fixed.
Somethings (like frayed seatbelt, corrosion, etc...) don't necessarily make the car immediately un-roadworthy but will be an MOT fail and you know they're gonna need fixing before you get another year's ticket.

For me, the balance between options is based on what a police roadside inspection would find an/or obvious safety issue.

A frayed seatbelt would be in the second category. I'd either be 'shaving' it, or re-stitching it... unless it really it fecked in which case I'd be on ebay picking up a replacement for before the MOT expires. laugh

Burgerbob

Original Poster:

485 posts

77 months

Sunday 21st January 2018
quotequote all
Thanks for your comments. It's a seat belt so I'm happy for the garage to fix it. It's at a Kia garage and I'm sure the quickest way to get it fixed is to leave it with them.

I have 2 issues that I will pursue with them. Being told an incorrect interpretation of the mot legislation effectively gave me no options but to get them to fix it. Plus, they have told me it is not covered under the Kia 7 year warranty, I'd like to know why.

Anyway, I'll come back once it's all fixed and I have answers to the above.

Thanks

DuraAce

4,240 posts

160 months

Sunday 21st January 2018
quotequote all
Leaving it with them will be the quickest way, it just won't be the cheapest!

Warranty denial could be many reasons, it'll depend on the root cause.... Belt trapped in door, bitten by dog, caught on velcro clothing etc etc etc

Photo of the faulty section would help...

TooMany2cvs

29,008 posts

126 months

Sunday 21st January 2018
quotequote all
Burgerbob said:
Plus, they have told me it is not covered under the Kia 7 year warranty, I'd like to know why.
Because seatbelt fraying isn't a material or workmanship issue, which is what the warranty's for. It's either wear or simple damage, neither of which are ever covered by any warranty.

eccles

13,740 posts

222 months

Sunday 21st January 2018
quotequote all
mickmcpaddy said:
Even if it had 4 slicks and no brakes they still couldn't stop you driving away if you wanted to, its your car not theirs.
I thought a car could be inhibited from being driven if it was in a very dangerous state. Nothing to stop you taking it away on a trailer though.

clayts450

113 posts

84 months

Sunday 21st January 2018
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If push came to shove you could always drive home like this


The Mad Monk

10,474 posts

117 months

Sunday 21st January 2018
quotequote all
DuraAce said:
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.
It isn't his car.

It's his wife's car.

DuraAce

4,240 posts

160 months

Sunday 21st January 2018
quotequote all
The Mad Monk said:
It isn't his car.

It's his wife's car.
Why do you even bother to post that? Genuine question by the way...

10/10 for pedantry.
Cracking contribution to the thread though.
Good effort.

Ian Geary

4,488 posts

192 months

Sunday 21st January 2018
quotequote all
TooMany2cvs said:
Because seatbelt fraying isn't a material or workmanship issue, which is what the warranty's for. It's either wear or simple damage, neither of which are ever covered by any warranty.
I wonder if the garage will retain the old belt for inspection?

Actually, I don't wonder at all...

TooMany2cvs

29,008 posts

126 months

Sunday 21st January 2018
quotequote all
Ian Geary said:
TooMany2cvs said:
Because seatbelt fraying isn't a material or workmanship issue, which is what the warranty's for. It's either wear or simple damage, neither of which are ever covered by any warranty.
I wonder if the garage will retain the old belt for inspection?

Actually, I don't wonder at all...
You're suggesting there's nothing at all wrong with the belt, it's just a make-work scam?

I can think of things that would be a lot easier to get away with... I mean, surely you'd notice a frayed driver's seatbelt, wouldn't you?

Pericoloso

44,044 posts

163 months

Sunday 21st January 2018
quotequote all
Ian Geary said:
I wonder if the garage will retain the old belt for inspection?

Actually, I don't wonder at all...
They should do ,the part belongs to the car owner ,it is part of his car ,or his wife's car.

gooner1

10,223 posts

179 months

Sunday 21st January 2018
quotequote all
TooMany2cvs said:
Ian Geary said:
TooMany2cvs said:
Because seatbelt fraying isn't a material or workmanship issue, which is what the warranty's for. It's either wear or simple damage, neither of which are ever covered by any warranty.
I wonder if the garage will retain the old belt for inspection?

Actually, I don't wonder at all...
You're suggesting there's nothing at all wrong with the belt, it's just a make-work scam?

I can think of things that would be a lot easier to get away with... I mean, surely you'd notice a frayed driver's seatbelt, wouldn't you?
Well tbf they , the garage, have already deceived him, re taking tha car away.

scarble

5,277 posts

157 months

Monday 22nd January 2018
quotequote all
Advisory for child seat preventing inspection of adult belt.
1)Fit child seat to driver's seat and submit for re-MOT
2)Pass MOT
3)????
4)PROFIT

Burgerbob said:
That was actually my thoughts, but the wife wasn't happy!

Thanks all for your thoughts, as you can see the care has a valid MOT, but also an MOT fail... My issue with the garage is not that the work needs to be done, but that I suspect I may have been lied to. They were very clear, the car had failed its MOT so it should not be driven as it did not have an MOT. In the interim period before the garage gets the part my wife would have wanted to use the car to commute to work, plus importantly take our son to school so ideally I'd have wanted to use it more than just taking it home / to get it fixed. We'll now have to make alternative arrangements (to be fair to the garage they did offer a courtesy car).


Doofus said:
Evidently I've been misinformed my whole life. As has the OP's MOT Tester
At least you admit to it clap