mot failure! but has it!? Advise please!!

mot failure! but has it!? Advise please!!

Author
Discussion

robbieesprit

Original Poster:

18 posts

99 months

Thursday 31st March 2016
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Hi All

our Hyundai i30 has failed its MOT on the drop antiroll bar rubber boots not being sealed

so I got the replacement drop bar, got the car up on stands, and could for the life of me see any issue at all...so I left it be.

so where do I go from here, anyone tried appealing mot decisions?

First thing ill do is call the garage tomorrow morning

but any further advice would be great, cheers rob.

bearman68

4,660 posts

133 months

Thursday 31st March 2016
quotequote all
Go humbly to the MOT station and ask them to point out the reason for failure - can you please get under the car with me and show me exactly, because I have looked and I can't see it. (And you are the god of all things automotive related and I am unworthy but trying to learn).
Had exactly this on a Trooper with an MOT rust failure - turned out it was fictional rust.

Spangles

1,441 posts

186 months

Thursday 31st March 2016
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What Bearman said. It may be a genuine mistake, it could be malicious bks. Only one way to find out

robbieesprit

Original Poster:

18 posts

99 months

Friday 1st April 2016
quotequote all
good call chaps,
so I am booked in tomorrow, and will be attending...
I got the car on the ramps this morning to get a better look, still couldn't find anything.....the issue here is if they are wrong, they have logged my car as unroad worthy even through mot runs out next week...so will be interesting how this pans out...

my dad used to be very hands on with home mechanics, and always did a pre mot check...one year our family polo failed on a split gaiter, not a problem though as the garage could fix it that afternoon...on checking the cut was fresh, and the car had travelled less than a mile to the testing station...dad smelt a rat and never went back....this has always stuck in my mind....although I think this could be a genuine mistake/ error or I'm going to have to visit my friends at specsavers....

I did, also take footage of the part in question to prove its soundness...will report back later...cheers rob.

lexusboy

1,099 posts

144 months

Friday 1st April 2016
quotequote all
robbieesprit said:
good call chaps,
so I am booked in tomorrow, and will be attending...
I got the car on the ramps this morning to get a better look, still couldn't find anything.....the issue here is if they are wrong, they have logged my car as unroad worthy even through mot runs out next week...so will be interesting how this pans out
The ruling has changed so that once a car has failed that is it. You no longer get the period of the old MOT expiration date

eltax91

9,893 posts

207 months

Friday 1st April 2016
quotequote all
lexusboy said:
robbieesprit said:
good call chaps,
so I am booked in tomorrow, and will be attending...
I got the car on the ramps this morning to get a better look, still couldn't find anything.....the issue here is if they are wrong, they have logged my car as unroad worthy even through mot runs out next week...so will be interesting how this pans out
The ruling has changed so that once a car has failed that is it. You no longer get the period of the old MOT expiration date
No, it hasn't. Otherwise how do you legally take it elsewhere for repairs, or even home?

What you are saying is, I can submit my car one month before mot, with a broken bulb, it fails and I'm now mot-less for the remainder. Can't see it

marshalla

15,902 posts

202 months

Friday 1st April 2016
quotequote all
lexusboy said:
The ruling has changed so that once a car has failed that is it. You no longer get the period of the old MOT expiration date
Cite the legislation please.

eltax91

9,893 posts

207 months

Friday 1st April 2016
quotequote all
eltax91 said:
lexusboy said:
robbieesprit said:
good call chaps,
so I am booked in tomorrow, and will be attending...
I got the car on the ramps this morning to get a better look, still couldn't find anything.....the issue here is if they are wrong, they have logged my car as unroad worthy even through mot runs out next week...so will be interesting how this pans out
The ruling has changed so that once a car has failed that is it. You no longer get the period of the old MOT expiration date
No, it hasn't. Otherwise how do you legally take it elsewhere for repairs, or even home?

What you are saying is, I can submit my car one month before mot, with a broken bulb, it fails and I'm now mot-less for the remainder. Can't see it
Quick quote to add a link, updated late 2015, to prove you are talking tosh

https://www.gov.uk/getting-an-mot/after-the-test

Sheepshanks

32,799 posts

120 months

Friday 1st April 2016
quotequote all
robbieesprit said:
drop antiroll bar rubber boots not being sealed
Did they tell you this, or is it what's on the failure notice?

I'd guess they've just described it wrong - do drop anti-roll bars have rubber boots?


BrownBottle

1,373 posts

137 months

Friday 1st April 2016
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I'd imagine they're talking about the rubbers covering the ball joints on the anti-roll bar drop links.

eltax91

9,893 posts

207 months

Saturday 2nd April 2016
quotequote all
BrownBottle said:
I'd imagine they're talking about the rubbers covering the ball joints on the anti-roll bar drop links.
This for sure. Had them genuinely fail a couple of times.

vinnie01

863 posts

120 months

Saturday 2nd April 2016
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eltax91 said:
This for sure. Had them genuinely fail a couple of times.
It produces the most irritating knocking noise on a Citroen smash

Old Merc

3,494 posts

168 months

Sunday 3rd April 2016
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eltax91 said:
eltax91 said:
lexusboy said:
robbieesprit said:
good call chaps,
so I am booked in tomorrow, and will be attending...
I got the car on the ramps this morning to get a better look, still couldn't find anything.....the issue here is if they are wrong, they have logged my car as unroad worthy even through mot runs out next week...so will be interesting how this pans out
The ruling has changed so that once a car has failed that is it. You no longer get the period of the old MOT expiration date
No, it hasn't. Otherwise how do you legally take it elsewhere for repairs, or even home?

What you are saying is, I can submit my car one month before mot, with a broken bulb, it fails and I'm now mot-less for the remainder. Can't see it
Quick quote to add a link, updated late 2015, to prove you are talking tosh

https://www.gov.uk/getting-an-mot/after-the-test
Its not tosh,the new legislation is full of confusion and bloody stupid.Especially for us small traders who regularly take our customers cars to MOT test centers.
As from 2015,If a car fails a test it invalidates any current MOT no matter how long it has to expire.
You can legally drive it away for repair and back again for a pre-booked retest.Remember this is a car that has no MOT and could be unsafe? please guys don't come up with bulbs or wiper blades.
So what happens if you have an accident driving a car with no MOT and a mechanical defect. (see the note on the gov link)

Old Merc

3,494 posts

168 months

Sunday 3rd April 2016
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marshalla

15,902 posts

202 months

Sunday 3rd April 2016
quotequote all
Old Merc said:
And it links to this piece of text

.gov.uk website said:
Driving a vehicle that’s failed

You can take your vehicle away if your MOT certificate is still valid.

If your MOT has run out you can take your vehicle to:

have the failed defects fixed
a pre-arranged MOT test appointment
In both cases, your vehicle still needs to meet the minimum standards of roadworthiness at all times or you can be fined.
And, in fact, your linked "story" says

journalist said:
Update: February 2016
Since running this story, the DVSA has updated its website again – to say the complete opposite of what it originally said.

It now states: “You can take your vehicle away if your MOT certificate is still valid.”
Seems pretty clear to me. You can still drive it if the old certificate is valid, as long as it meets the minimum roadworthiness standard.

AFAIK, nobody has ever found, or produced, a piece of legislation which says that an existing test certificate is automatically rendered invalid because of a fail prior to expiry.

PH : primary sources and reading comprehension matter.




Edited by marshalla on Sunday 3rd April 12:13

Old Merc

3,494 posts

168 months

Sunday 3rd April 2016
quotequote all
Thank you marshalla for your "forensic examination" of the details,but its still confusing and full of holes.
Remember I regularly take cars for testing and I`m going by what the MOT examiner tells me.
When the car fails its logged on the computer so a police NPR will flag it up as having failed the test.They will not be interested in the certificate that says it runs out next week.They will pull you over,check it out,if its unroad worthy you're nicked.

paintman

7,691 posts

191 months

Sunday 3rd April 2016
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AIUI from the post he made on Friday the OP had his car booked in for yesterday (Saturday).
So, what happened?

CarsOrBikes

1,137 posts

185 months

Sunday 3rd April 2016
quotequote all
two things here, if the drop link has failed mot on 'sealing' it arguably shouldn't fail, but be a pass and advise, as the tester has to be able to demonstrate it is no longer doing it's job, so if not cut or split, or adrift, how could he prove that if the op went to appeal, which perhaps he should. A friendly approach to the garage is great, but appeal can be rewarding in that the car will pass and fee refunded if successful, plus the garage scored against on the traffic light system which others can see, which will also leave them open to more frequent spot checks

test the 'can I drive my car after a fail with time to run' theory, by going on the gov site to check an mot, if it still shows a valid cert it still shows it.

garages love to threaten you aren't allowed to use your car after a fail, even before any changes as they always got it wrong (for their own gain) and yes vosa did change it to say this (stupidly) but back tracked as indicated.

the focus should be on the life of the certificate and what it means rather than the function of the vehicle, as despite the length of a cert, the car may not be safe at any time during the cert period anyway, so how can someone have the right to shorten the life of a certificate in print for something 'discovered' within this time, I guess why they reverted back.

the car may not be safe when you leave the drive perhaps, for a pre arranged test after an expired cert, yet you can still drive to the test or if it fails to have it repaired which can be home or a hundred miles away.

some people are trying to strike fear into drivers using a poorly interpreted understanding of the rules I suspect and personally would cease doing business with them if providing a service along these lines

they can easily change a cert to say it expires in a year or the next time tested if before, but yet haven't, so the date is valid.

only my 2p of course, you do as you will

Sheepshanks

32,799 posts

120 months

Sunday 3rd April 2016
quotequote all
Old Merc said:
Thank you marshalla for your "forensic examination" of the details,but its still confusing and full of holes.
Remember I regularly take cars for testing and I`m going by what the MOT examiner tells me.
When the car fails its logged on the computer so a police NPR will flag it up as having failed the test.They will not be interested in the certificate that says it runs out next week.They will pull you over,check it out,if its unroad worthy you're nicked.
For one thing ANPR is only updated typically weekly, it's not a live system. The other thing is that failing an MOT doesn't necessarily mean the car is un-roadworthy.

Athlon

5,018 posts

207 months

Sunday 3rd April 2016
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How many more times do we have to cover this, see note on in pic.

If the ball joint boots are split/missing etc then it is an absolute fail. 2.4.2.e in the inspection manual I think.