"MOT Fail" vehicle under three years old
"MOT Fail" vehicle under three years old
Author
Discussion

mikemike39

Original Poster:

38 posts

115 months

Saturday 14th March 2020
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Last year I bought a two and a half year old car. As part of the deal I had it MOT'd and any advisories done. Actually two of the tyres were cut so I ended up with two new tyres.

The question I had was about MOTing a vehicle before it gets to three years old. In principle you could do this the day after the vehicle is registered although I guess most people do it in the run up to the third anniversary

Let's imagine the vehicle fails with a "dangerous" fault. Of course it's illegal to drive with a car in a dangerous condition whether or not it has an MOT. So you can't drive it once you know it's got a dangerous fault.

Let's imagine you fix the fault yourself that evening, on the site where the MOT was (or trailer away etc etc)

So now you know you have a vehicle which (a) does not need an MOT as it's under three years old and (b) does not now have any dangerous faults.

The question is - can you lawfully drive that vehicle on the road? Is the fact that it has failed an MOT test actually a problem?

Do you have to get it partially retested before you can drive it on the road lawfully (other than to an MOT test or partial retest)

Anyone know the answer (and why?)

Mike

Zoobeef

6,004 posts

187 months

Saturday 14th March 2020
quotequote all
Itll be the same as when you get a normal MOT done early. If it fails it doesnt over ride the old one. Aslong as it doesnt have any dangerous faults then it's still legal.

AdamIndy

1,661 posts

133 months

Sunday 15th March 2020
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I was under the impression if your car fails an MOT then you can’t legally drive it, whether it’s previous MOT is still valid or not.

stevemcs

10,316 posts

122 months

Sunday 15th March 2020
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I guess its a grey area, if it fails but still has an mot then it can be driven, if it fails on a dangerous defect then it shouldn't be on the road.

However if it fails on a couple of things, some major some dangerous and you repair the dangerous defect but leave the major then its still logged as a dangerous defect, yes you can prove the dangerous defects have been fixed but you cannot do a partial retest, its once chance on the restest.

Zoobeef

6,004 posts

187 months

Sunday 15th March 2020
quotequote all
AdamIndy said:
I was under the impression if your car fails an MOT then you can’t legally drive it, whether it’s previous MOT is still valid or not.
Wrong impression.

craigjm

21,458 posts

229 months

Sunday 15th March 2020
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If your car has an MOT or doesn’t need one and it fails the MOT on anything other than a dangerous point then it may be driven away and continue to be driven under the existing MOT or MOT exemptions.

Heres Johnny

8,168 posts

153 months

Sunday 15th March 2020
quotequote all
You cant drive a car that’s not road worthy irrespective of an MOT

You can’t drive a car without an MOT except to an MOT test station

An MOT highlighting a car isn’t roadworthy causes the problem you now know the car is not roadworthy and therefore shouldn’t drive it. Worth noting a car can also fail an MOT and still be roadworthy.

If a car is made roadworthy it can be driven on the road so long as it still has an mot.

A failed mot does not void an otherwise valid mot otherwise nobody would ever be able to drive after a failed mot where the car was still otherwise roadworthy.

Roadworthy and MOT pass are not one and the same. Eg a passenger seat belt problem is an mot failure but the car can still be driven on the road. A valid MOT is also not a sign of a car being roadworthy other than at the time the MOT was performed.

While related see them as two different things, an mot is kind of like a check point and license to use the car for 12 months (or less if something like a taxi) which will inform you of any issues, but the condition and roadworthiness of the car is an ongoing obligation of the driver to ensure. A bald tyre is a bald tyre and doesn’t only become an issue when you fail an mot

Tyre Smoke

23,018 posts

290 months

Sunday 15th March 2020
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Heres Johnny said:
While related see them as two different things, an mot is kind of like a check point and license to use the car for 12 months (or less if something like a taxi)
You were doing so well up until this point.

A Hackney Carriage is required to have an MOT on the first anniversary of it's registration from new, and then every 12 months. There is no other national requirement. However, some local authorities require a further test, usually at six monthly intervals which is similar to an MOT, but will also include condition of the bodywork and interior, for example.

Heres Johnny

8,168 posts

153 months

Sunday 15th March 2020
quotequote all
Tyre Smoke said:
Heres Johnny said:
While related see them as two different things, an mot is kind of like a check point and license to use the car for 12 months (or less if something like a taxi)
You were doing so well up until this point.

A Hackney Carriage is required to have an MOT on the first anniversary of it's registration from new, and then every 12 months. There is no other national requirement. However, some local authorities require a further test, usually at six monthly intervals which is similar to an MOT, but will also include condition of the bodywork and interior, for example.
Damn.. 9/10?

I only added that bit because I was aware the rules were slightly different for them and thought someone would pull me up on it.

Tyre Smoke

23,018 posts

290 months

Sunday 15th March 2020
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Definitely a good 9/10.

Very niche knowledge required for taxi licensing and vehicle testing. wink

AlexiusG55

656 posts

185 months

Sunday 15th March 2020
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Heres Johnny said:
Roadworthy and MOT pass are not one and the same. Eg a passenger seat belt problem is an mot failure but the car can still be driven on the road. A valid MOT is also not a sign of a car being roadworthy other than at the time the MOT was performed
I thought passenger seatbelts were a bit of a weird one. As of the recent changes, it is illegal to drive a car with a Dangerous MOT fault on the roads for any reason. A seatbelt which is weakened or likely to become detached is a Dangerous fault.

On the other hand, a missing seatbelt is only a Major fault, so in theory you could cut the seatbelt and the car would still fail, but only with a Major so would still be driveable until the MOT expired.

Or you could remove the seat in question and it would pass...

myvision

2,123 posts

165 months

Sunday 15th March 2020
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I thought the MOT changed the other year and if it failed it didn't matter what was left on the previous MOT it was a fail.
So the new MOT overwrites the previous.
Also that you can't drive away a vehicle with a major defect from an MOT garage it has to be trailered away repaired and presented for test again.

Far Cough

2,481 posts

197 months

Sunday 15th March 2020
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Similar but different would be if a PG9 was issued to the car. Regardless of age it will then be illegal to drive it on the road until it has been fixed and presented to an MOT station or re examined in situ and exemption issued to allow onward journey.

Zoobeef

6,004 posts

187 months

Sunday 15th March 2020
quotequote all
myvision said:
I thought the MOT changed the other year and if it failed it didn't matter what was left on the previous MOT it was a fail.
So the new MOT overwrites the previous.
Also that you can't drive away a vehicle with a major defect from an MOT garage it has to be trailered away repaired and presented for test again.
Wrong on the first one.
Second one is also wrong, it's your car, you can do what you want. Although if you knowingly drive it on the road with a dangerous defect and get pulled, you only have yourself to blame.

Bigends

6,156 posts

157 months

Sunday 15th March 2020
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The OP had the car tested early purely as a 'health check. The car doesnt legally require valid test certificate until its three years old. As long as any defects were rectified before driving on the road , that fact that it failed a test that it doesnt legally need to pass is academic surely?

Edited by Bigends on Sunday 15th March 12:18

vonhosen

40,597 posts

246 months

craigjm

21,458 posts

229 months

Sunday 15th March 2020
quotequote all
This will thunder on for pages with some people saying one thing and other people the opposite. It doesn’t need an MOT but it does need to. E roadworthy so as has been said on here a few times already if it gets a dangerous then that must be sorted. Anything else leading to a fail it can just carry on if you wish. The sensible advice would be to get anything notes sorted obviously.

drdel

487 posts

157 months

Sunday 15th March 2020
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Your insurance says you must keep your car 'roadworthy' - if its failed an MoT, or any examination, its not 'legal' so you'd be uninsured.

essayer

10,410 posts

223 months

Sunday 15th March 2020
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drdel said:
Your insurance says you must keep your car 'roadworthy' - if its failed an MoT, or any examination, its not 'legal' so you'd be uninsured.
No it doesn’t

stevemcs

10,316 posts

122 months

Sunday 15th March 2020
quotequote all
Tyre Smoke said:
You were doing so well up until this point.

A Hackney Carriage is required to have an MOT on the first anniversary of it's registration from new, and then every 12 months. There is no other national requirement. However, some local authorities require a further test, usually at six monthly intervals which is similar to an MOT, but will also include condition of the bodywork and interior, for example.
Not in Lincolnshire, the only requirement is for a Hackney Test every 6 months, the MOT is not needed unless the car is used for private and business.