Car MOT - OK to drive after it fails if previous certificate is still valid?

[martyh]

Originally Posted by m8internet

Yes it has, see post #5
When a failure certificate is issued this applies, the previous cetificate has expired
The normal rules for a failure apply, allowing you to move the vehicle from the MoT, a place for repairs, and back to the next arranged MoT

yep, seems cut and dried to me

[Ross 6]

Sorry to drag up an old thread but I came across it during a google search and wanted to right a couple of wrongs so that people are not misled.

If you put your vehicle through an MOT test early, and it fails, IT IS STILL LEGAL TO DRIVE UNTIL THE MOT PASS CERTIFICATE EXPIRES.

Nobody can revoke an MOT pass certificate, not even the transport secretary.

Posters on this thread are becoming confused between police/vosa powers to declare a vehicle unroadworthy and the issue of a notice of "refusal to issue an MOT certificate" rendering a previous pass invalid, this does not happen.

All opinion and discussion about roadworthiness and safety aside, as far as the law is concerned, a vehicle with a valid MOT certificate is legal to be driven on the public highway, regardless of whether it has had 1 or 10 MOT fails since said certificate was issued.

[techguyone]

Ok how then do you explain to the police when you are stopped and their computer says 'FAILED' (as it will be the last thing recorded) that in fact you are ok, because 11 months ago you had a piece of paper that says 'PASSED' surely the most recent result will overwrite the older one.

Edit

Actually this piqued my interest enough to look further, here's what I found on Pistonheads

[relevent bit]

Here's a link to the piece of paper you're given if you fail an MOT test. I'm fairly sure this is the piece of paper I was given a few weeks ago, although I haven't still got it because you have to hand it back when you go back for the re-test.

http://www.transportoffice.gov.uk/crt/repository/R...

The first paragraph on the reverse says:

"This document tells you that your vehicle has not been shown to meet the minimum legal requirements for the reason(s) detailed in section A. If you
intend to use your vehicle on the road you should have it repaired without delay and have it retested before the existing test validity expires. In a few
cases, this document may be issued because the test could not be satisfactorily carried out. The Vehicle Test Station that issued the document can
advise you what to do in these circumstances - alternatively you may call VOSA's National Enquiry Line (see note 6) for advice."

Notice the phrase "before the existing test validity expires". That, I submit, is final proof that the existing test validity still has meaning.

and Source :

http://www.pistonheads.com/gassing/t...MOT&mid=337685

[Ross 6]

Originally Posted by techguyone

Ok how then do you explain to the police when you are stopped and their computer says 'FAILED' (as it will be the last thing recorded) that in fact you are ok, because 11 months ago you had a piece of paper that says 'PASSED' surely the most recent result will overwrite the older one.

You have nothing to explain. ANPR queries VOSA's database which returns the expiry date of any MOT certificate pertaining to the vehicle that is the subject of the query.

We live in a pass/fail society. There is no such thing as an MOT fail. There is simply a "refusal to issue an MOT certificate". This does NOT render a valid MOT certificate null and void.

If the plod choose to inspect your vehicle they may declare it unroadworthy whether you're on the last day of your valid MOT certificate, or you've just been granted a certificate and are driving home from the MOT test.

[rogerdraig]

you may not be breaking the law on the not having a valid MOT

BUT driving any car other than to a testing station that is unroad worthycould easily land you with points as you wont even be able to say you didnt know

[Ross 6]

Clearly you're not going to drive the car if it has a serious defect. A hole in the exhaust or a weak handbrake don't make a car unroadworthy but will lead to a refusal to issue an MOT certificate.

The definitive answer was and still is that a car is perfectly legal to be driven as long as it has a valid MOT certificate. This is the letter of the law completely absent of emotion, argumentative mentalities, prejudice or bias, and regardless of whether the car has been the subject of 100 subsequent refusals.

[Kymmy]

If it has a serious defect the test station has the power to prohibit the vehicle from being driven on the road and can mark it as unroadworthy on the MOT computer. If though it just fails on basic stuff then yes your existing valid MOT still covers you upto the expiry date

[Ross 6]

Originally Posted by Kymmy

If it has a serious defect the test station has the power to prohibit the vehicle from being driven on the road and can mark it as unroadworthy on the MOT computer. If though it just fails on basic stuff then yes your existing valid MOT still covers you upto the expiry date

Absolutely correct, the MOT tester would have to issue a prohibition notice as well as a refusal to issue an MOT certificate. I've never heard of this being done.

[Kymmy]

If the frame is bent or cracked, wheels delaminating or brakes leaking failing then it would be prohibited.. I only know one guy who's brake system got bent and started leaking on the way to an MOT station.. A new pipe quickly fitted in the MOT stations car park solved the issue otherwise the MOT'ers would of had to repair or the car would have had to of been removed on a transporter.

[Damien]

I had my car MOT'ed last month. One mainstream garage said it failed it it's MOT and quoted a cost of £800 to fix it but when we were given the MOT failure list all the problems were small, to do with lights, they tried to scare my Mum by saying they had phoned DVLA and we no longer had an MOT. Suffice to say I took it to a different garage where they simply replace a couple of defective bulbs and passed it all in the cost of the re-test.