MOT Validity - Quick Question.
MOT Validity - Quick Question.
Author
Discussion

Dick_Phallus

Original Poster:

1,155 posts

215 months

Sunday 11th April 2010
quotequote all
This may be better in SP&L but looking for quick response to this so trying here. Move if appropriate.

Say a vehicle has an MOT until September, but is presented for a test in March (for example). It fails the MOT. Does it now not have a valid MOT, or is the old test still valid until September, and consequently would it be possible for a dealer to sell a vehicle as having a valid MOT even though it obviously isn't going to pass the next one?

cambiker71

444 posts

217 months

Sunday 11th April 2010
quotequote all
The MOT is still valid, the problem will be with whether it is now roadworthy, but the MOT paperwork is ok.

Dick_Phallus

Original Poster:

1,155 posts

215 months

Sunday 11th April 2010
quotequote all
Hypothetically then - if a car was presented early, failed on say emissions then the owner shifted it, how could you go about proving that the owner knew the car was not roadworthy when the owner sold it?

thunderbelmont

2,982 posts

255 months

Sunday 11th April 2010
quotequote all
Worthy of a bat around the knees if you ask me!!

Misrepresentation of goods???


cambiker71

444 posts

217 months

Sunday 11th April 2010
quotequote all
Dick_Phallus said:
Hypothetically then - if a car was presented early, failed on say emissions then the owner shifted it, how could you go about proving that the owner knew the car was not roadworthy when the owner sold it?
The records are kept by VOSA and can be searched as both passes and fails are kept, can't remember how but i'd guess it'll be via the Directgov site, you'll probably need the V5 reference number though.

PROPOP

41 posts

230 months

Monday 12th April 2010
quotequote all
... if the vehicle is presented for MOT before the expiry date is due then that test overights any previous test pass or fail, this especially applies to any PCO (public carriage office / minicab) which have a six month intervals although a 1 year certificate is given.

you can check here: http://www.direct.gov.uk/en/Motoring/OwningAVehicl...

Edited by PROPOP on Monday 12th April 00:07

Ozzie Osmond

21,189 posts

277 months

Monday 12th April 2010
quotequote all
You've missed the point here.
"Roadworthiness" is generally a matter of safety on the road.

I don't hink something like,
a) one blown side-lamp bulb (so long as headlamps working)
b) leaking exhaust
c) slightly too high emissions
d) ABS warning lamp illuminted

would be considered significant in the context of roadworthiness, even though they are all MoT fails.

So long as the car is (1) Roadworthy, and (2) has passed an MOT within the previous 12 months there should be no problems using it on the road.

tvrgit

8,490 posts

283 months

Monday 12th April 2010
quotequote all
PROPOP said:
... if the vehicle is presented for MOT before the expiry date is due then that test overights any previous test pass or fail
No it doesn't... the old certificate is still valid until its expiry.

PROPOP said:
No you can't because your link doesn't work.

If however you mean here:
http://www.direct.gov.uk/en/Motoring/OwningAVehicl...
then it doesn't say that.

dome

688 posts

288 months

Monday 12th April 2010
quotequote all
Is this the old "MOT a car every 6 months then if it fails on something major you can still flog it with 6 months MOT" trick by any chance?

duncansaunders

1,005 posts

286 months

Monday 12th April 2010
quotequote all
tvrgit said:
PROPOP said:
... if the vehicle is presented for MOT before the expiry date is due then that test overights any previous test pass or fail
No it doesn't... the old certificate is still valid until its expiry.

PROPOP said:
No you can't because your link doesn't work.

If however you mean here:
http://www.direct.gov.uk/en/Motoring/OwningAVehicl...
then it doesn't say that.
The direct.gov page above does not address the question that the OP asked. It doesn't discuss failure tests within the date of the valid certificate. It does say that a record of the fail will be made though.

tvrgit

8,490 posts

283 months

Monday 12th April 2010
quotequote all
duncansaunders said:
tvrgit said:
PROPOP said:
... if the vehicle is presented for MOT before the expiry date is due then that test overights any previous test pass or fail
No it doesn't... the old certificate is still valid until its expiry.

PROPOP said:
No you can't because your link doesn't work.

If however you mean here:
http://www.direct.gov.uk/en/Motoring/OwningAVehicl...
then it doesn't say that.
The direct.gov page above does not address the question that the OP asked. It doesn't discuss failure tests within the date of the valid certificate. It does say that a record of the fail will be made though.
Correct - that's the point! It doesn't discuss it - all it says is that it's an offence to drive a vehicle without a current test certificate except in certain circumstances - including to and from a pre-booked test etc.

If you have a current certificate, you can drive it where you like, whether it's just failed another test or not - provided that, as it says in the next para, the vehicle is roadworthy (current certificate or not) - and a recent fail might be used as evidence that you knew it was unroadworthy, if you were stopped. You would then be nicked for driving an unroadworthy vehicle, NOT for having no current MOT.

Fish981

1,441 posts

216 months

Monday 12th April 2010
quotequote all
tvrgit said:
If you have a current certificate, you can drive it where you like, whether it's just failed another test or not - provided that, as it says in the next para, the vehicle is roadworthy (current certificate or not) - and a recent fail might be used as evidence that you knew it was unroadworthy, if you were stopped. You would then be nicked for driving an unroadworthy vehicle, NOT for having no current MOT.
Would it make a difference if you knew or not? Ignorance is no defence and all that malarky?

over_the_hill

3,338 posts

277 months

Monday 12th April 2010
quotequote all
If it failed on something serious the Tester can take it off the road immediately. It must then be repaired at the MOT site or trailored to another place of repair.
A check on the DirectGov site shows all MOT history back to when the computerised system started, including fails and advisories and what the fails or advisories were.


Fish981

1,441 posts

216 months

Monday 12th April 2010
quotequote all
over_the_hill said:
If it failed on something serious the Tester can take it off the road immediately.
No he can't. He can advise it's dangerous to drive but he can't stop the presenter driving it away.

Dick_Phallus

Original Poster:

1,155 posts

215 months

Monday 12th April 2010
quotequote all
dome said:
Is this the old "MOT a car every 6 months then if it fails on something major you can still flog it with 6 months MOT" trick by any chance?
Looks like they may have been had by a fairly standard trick then. Thanks for the replies.