Fixed Seat - MOT Fail
Fixed Seat - MOT Fail
Author
Discussion

VTECMatt

Original Poster:

1,332 posts

260 months

Thursday 17th September 2015
quotequote all
Need a little help. Car failed MOT due to the drivers seat being fixed, the passenger seat had always been fixed but the drivers seat originally had a rail but now a fixed bucket seat. I have had to pay for the switch of a seat with slider, unfortunately I live too far away to do it myself. I want to appeal the decision but not totally sure who I can go to?

TIA

Matt

TooMany2cvs

29,008 posts

148 months

Thursday 17th September 2015
quotequote all
VTECMatt said:
I want to appeal the decision but not totally sure who I can go to?
Have you actually looked at the MOT requirements?
http://www.motinfo.gov.uk/htdocs/m4s06000201.htm

oOTomOo

594 posts

213 months

Thursday 17th September 2015
quotequote all
Website said:
Reason for Rejection: The driver’s seat fore and aft adjustment mechanism not functioning as intended.
I'd argue a fixed seat that does not move fore and aft is functioning as intended.

Bodged

117 posts

132 months

Thursday 17th September 2015
quotequote all
Mine passed with a fixed seat its down to how the tester interprets the rules. If there's no slider and its bolted to the floor the adjustment is working as intended you just need to break out the spanners to move it to a different position.

rallycross

13,675 posts

259 months

Thursday 17th September 2015
quotequote all
should be no problem with this my MOT place always write on the comments section vehicle modified for competition use, I think it just depends on the MOT tester.

TooMany2cvs

29,008 posts

148 months

Thursday 17th September 2015
quotequote all
oOTomOo said:
I'd argue a fixed seat that does not move fore and aft is functioning as intended.
"Original Design characteristics and specialised modifications (e.g. to enable wheelchair access) are to be accepted."

The question is whether simply putting a non-movable seat in is a "specialised modification (eg to enable wheelchair access)" or not.

rallycross said:
should be no problem with this my MOT place always write on the comments section vehicle modified for competition use, I think it just depends on the MOT tester.
Which the test does allow for...
http://www.motinfo.gov.uk/htdocs/m4i00000502.htm

...but...
https://mattersoftesting.blog.gov.uk/when-is-a-mod...

Just chucking a fixed bucket seat in a primarily road car - even a trackday car - isn't enough, going by that official interpretation.

VTECMatt

Original Poster:

1,332 posts

260 months

Thursday 17th September 2015
quotequote all
I spoke with VOSA and they have confirmed I have cause to appeal the decision with a view to overturn on the grounds that as there is no mechanism, said mechanism doesn't need checking.

I'm furious with the MOT station and put a formal complaint against them.

TooMany2cvs

29,008 posts

148 months

Thursday 17th September 2015
quotequote all
VTECMatt said:
I spoke with VOSA
That's quite an achievement, since they haven't existed since the end of March, 2014.

Frimley111R

18,190 posts

256 months

Thursday 17th September 2015
quotequote all
VTECMatt said:
I spoke with VOSA and they have confirmed I have cause to appeal the decision with a view to overturn on the grounds that as there is no mechanism, said mechanism doesn't need checking.

I'm furious with the MOT station and put a formal complaint against them.
To be fair it sounds unclear and is just their interpretation of the rules.

Frimley111R

18,190 posts

256 months

Thursday 17th September 2015
quotequote all
TooMany2cvs said:
VTECMatt said:
I spoke with VOSA
That's quite an achievement, since they haven't existed since the end of March, 2014.
The gas board hasn't existed since the mid 80s and yet people still use the term.

TooMany2cvs

29,008 posts

148 months

Thursday 17th September 2015
quotequote all
Frimley111R said:
The gas board hasn't existed since the mid 80s and yet people still use the term.
1972, if you want to be accurate about it. They still refer to road tax, too, and that hasn't existed since the '30s.

But you'd think that if the OP really had been in contact with DVSA in the last couple of hours, the differentiation might be fresh in his mind.

VTECMatt

Original Poster:

1,332 posts

260 months

Thursday 17th September 2015
quotequote all
TooMany2cvs said:
1972, if you want to be accurate about it. They still refer to road tax, too, and that hasn't existed since the '30s.

But you'd think that if the OP really had been in contact with DVSA in the last couple of hours, the differentiation might be fresh in his mind.
LOL you think I'm lying, seriously.

Phoned 0300 123 9000 at 9:40am and spoke with Paddy who referred it as VOSA. Would you like me to forward on the exchange of emails? The email address used enquiries@vosa.gov.uk

Trust is a wonderful thing hey, glad I'm not your partner!


Edited by VTECMatt on Thursday 17th September 17:08

eldavo

547 posts

192 months

Thursday 17th September 2015
quotequote all
My seats are fixed in place and I pass MOTs no problem - as has been said, if there isn't a slider mechanism then it can't be deemed to be faulty.

sydown

63 posts

231 months

Friday 18th September 2015
quotequote all
It is all down to how the MOT tester interprets the guidelines, after all if they pass a car that is later deemed to have been unsafe at the time of the MOT they can loose their licence so a lot of them are more careful / strict than they actually need to be. Find a MOT station that is sympathetic to modified cars and stick with them!!

andyiley

12,052 posts

174 months

Sunday 20th September 2015
quotequote all
I must add mots in, mine have never been questioned.

VTECMatt

Original Poster:

1,332 posts

260 months

Wednesday 14th October 2015
quotequote all
Just to update for anyone who has had a similar issue, I now have written confirmation from VOSA that it should pass.

SonicShadow

2,452 posts

176 months

Wednesday 14th October 2015
quotequote all
VTECMatt said:
TooMany2cvs said:
1972, if you want to be accurate about it. They still refer to road tax, too, and that hasn't existed since the '30s.

But you'd think that if the OP really had been in contact with DVSA in the last couple of hours, the differentiation might be fresh in his mind.
LOL you think I'm lying, seriously.

Phoned 0300 123 9000 at 9:40am and spoke with Paddy who referred it as VOSA. Would you like me to forward on the exchange of emails? The email address used enquiries@vosa.gov.uk

Trust is a wonderful thing hey, glad I'm not your partner!


Edited by VTECMatt on Thursday 17th September 17:08
Pistonheads: Pedantry Matters.

jumare

482 posts

171 months

Wednesday 14th October 2015
quotequote all

I asked about this when I had my MX5 tested, the response was "if there's no adjuster there I can't test it (and fail it)".

jagracer

8,248 posts

258 months

Wednesday 14th October 2015
quotequote all
VTECMatt said:
Just to update for anyone who has had a similar issue, I now have written confirmation from VOSA that it should pass.
Have you taken it back and got them to retest it or is DVSA (VOSA) getting involved with a retest?

VTECMatt

Original Poster:

1,332 posts

260 months

Friday 16th October 2015
quotequote all
jagracer said:
ave you taken it back and got them to retest it or is DVSA (VOSA) getting involved with a retest?
No need as I passed due to fitting another seat, I'm hoping to recover the cost of doing so. The garage in question took advice from a regional office who told them it should not pass, so some inconsistency.