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

AbyssUnderground · 15-01-2012, 22:46

Howdy all. I have searched for an official answer to this but I couldn't seem to find one and was wondering if anyone here can advise.

If a vehicle fails it's MOT (for something simple like a leaky exhaust, something non-dangerous), is it legal to drive the vehicle still if the old certificate is still valid?

I ask because mine is due soon and it will almost certainly fail on the exhaust, but I need it for work and the garage I use may not be able to repair it the same day.

Of course if it was serious I'd probably not want to drive it anyway but the question has to be asked for simple things like the exhaust.

Thanks

martyh · 15-01-2012, 22:56

Quote:

Originally Posted by AbyssUnderground

Howdy all. I have searched for an official answer to this but I couldn't seem to find one and was wondering if anyone here can advise.

If a vehicle fails it's MOT (for something simple like a leaky exhaust, something non-dangerous), is it legal to drive the vehicle still if the old certificate is still valid?

I ask because mine is due soon and it will almost certainly fail on the exhaust, but I need it for work and the garage I use may not be able to repair it the same day.

Of course if it was serious I'd probably not want to drive it anyway but the question has to be asked for simple things like the exhaust.

Thanks

No MOT is a non endorsable offence but i believe it invalidates any insurance you have .In other words if you have a accident then your screwed because the existing MOT is invalid as soon as you put your car in for testing

AbyssUnderground · 15-01-2012, 23:03

I suspected as much. It's annoying really. You drive X miles from home to have it done, it fails and then you're stuck at the testing station!

Gary L · 15-01-2012, 23:03

I've been in touch with DVLA about this kind of thing. and as long as it's nothing major like brakes and such, then the original MOT is still in force.

even the woman I spoke to about it said that it was a bit wacky, but that's how it is.

it's one of them things where some will think one and some will think the other.

martyh · 15-01-2012, 23:14

Quote:

Originally Posted by Gary L

I've been in touch with DVLA about this kind of thing. and as long as it's nothing major like brakes and such, then the original MOT is still in force.

even the woman I spoke to about it said that it was a bit wacky, but that's how it is.

it's one of them things where some will think one and some will think the other.

That aint what the tester told me 2 weeks ago ,as soon as the car has failed an MOT regardless if the previous MOT hadn't expired the car is classed as a fail on the DVLA computer .I do know that some leway is given for non dangerous faults to get the vehicle from A-B for repair but essentially the car has no MOT ,therefore no insurance

---------- Post added at 23:14 ---------- Previous post was at 23:08 ----------

this is what Halfords have to say on the subject

Quote:

"An MOT certificate is valid until its expiry date. However if your vehicle fails a test before this date and you do not rectify the defects then you are driving an unroadworthy vehicle which is an offence."

http://www.mottest.net/mot/mot-failure-question/

That article is using tyres as a example but the same principle would apply to any failure as the vehicle is deemed un roadworthy untill it passes a test

Gary L · 15-01-2012, 23:18

I've been told yes and no by MOT testers. if you look at it another way you could have an MOT with 10 months left to run on it but because of a defect that has happened since the last MOT. your original 10 months remaining is now invalid too.

so effectively you could guess that a high percentage of cars on the road are driving with invalid MOTs. even though they have a valid MOT certificate.

another way to look at it is that their insurance is invalid because of the defects. or maybe not. because they have an existing MOT certificate which says the car has another 10 months before it is legally required to be checked for road worthiness.

crazy.

just drive it, and if the police get all confused about it all. then opt to go to court and tell them what I've told you

martyh · 15-01-2012, 23:25

Quote:

Originally Posted by Gary L

I've been told yes and no by MOT testers. if you look at it another way you could have an MOT with 10 months left to run on it but because of a defect that has happened since the last MOT. your original 10 months remaining is now invalid too.

That does happen but the idea of the test is to check the roadworthyness of a vehicle once a year by recognised officials ,after the test is done any faults that develope to make the car un roadworthy i.e defective tyres are the drivers responsibility to check untill the next MOT .I believe but am not 100% sure that the police can remove a car from the road even with a valid MOT if they deem it un roadworthy

Gary L · 15-01-2012, 23:31

Yes, but you're saying that the insurance will be invalidated without an MOT. but is it invalidated with a current MOT with 10 months left to run but no water in the windscreen washer bottle?

martyh · 15-01-2012, 23:34

Quote:

Originally Posted by Gary L

Yes, but you're saying that the insurance will be invalidated without an MOT. but is it invalidated with a current MOT with 10 months left to run but no water in the windscreen washer bottle?

Good question ,they probably wouldn't pay out if there where defective tyres but an empty washer bottle not sure .personnaly i wouldn't trust insurance companies as far as i could throw an out of date MOT

Gary L · 15-01-2012, 23:46

It's all mad. why bother taking the car in a month early to get a 13 month ticket. when it could be invalid 2 days after you got the 13 months?

infact. I propose that due to the importance of a vehicle being roadworthy in order to validate our insurance policies. we should do away with the legal 12 month MOTs and have them every week instead.

if that isn't possible, then why let people drive under the impression that their car is safe for another 12 months when it's not. which consequently means that their insurance is infact invalid?

who's responsibility is it?
the police, the owner, the MOT tester?

if it's the owner, then why can't the owner legally MOT his car every month. and why do they leave such a big gap of confidence when there's a risk of no insurance cover on the persons vehicle?

Hugh is consulting Google

martyh · 15-01-2012, 23:49

Quote:

Originally Posted by Gary L

It's all mad. why bother taking the car in a month early to get a 13 month ticket. when it could be invalid 2 days after you got the 13 months?

Hugh is consulting Google

you wouldn't get a 13 month ticket ,the new MOT cancels out the old one ,it's on the 'puter now so there's no getting around it .

Gary L · 16-01-2012, 00:00

Quote:

Originally Posted by martyh

you wouldn't get a 13 month ticket ,the new MOT cancels out the old one ,it's on the 'puter now so there's no getting around it .

I meant you can take it in for testing a month before it's due to expire. and if it passes you get 13 months.

videodj · 16-01-2012, 00:51

Quote:

Originally Posted by AbyssUnderground

Howdy all. I have searched for an official answer to this but I couldn't seem to find one and was wondering if anyone here can advise.

If a vehicle fails it's MOT (for something simple like a leaky exhaust, something non-dangerous), is it legal to drive the vehicle still if the old certificate is still valid?

I ask because mine is due soon and it will almost certainly fail on the exhaust, but I need it for work and the garage I use may not be able to repair it the same day.

Of course if it was serious I'd probably not want to drive it anyway but the question has to be asked for simple things like the exhaust.

Thanks

You can drive it to a from the test station, for example if mine fails, I drive it home, the repairs and drive it back for a retest. That is the only time you can drive with a MOT failure or no MOT.

Once it's failed, apart from taking for a retest it is illegal to drive if it has failed an MOT, regardless of whether the previous one has expired or not.

An example is, if you built or restored a car you need to get it to the test station. If you were pulled over and can prove your on your way to an MOT, then there is not issue.

I used to work in the motor trade and driven many cars to and from test stations without an MOT.

**Kymmy** · 16-01-2012, 09:16

Quote:

Originally Posted by Gary L

I've been in touch with DVLA about this kind of thing. and as long as it's nothing major like brakes and such, then the original MOT is still in force.

even the woman I spoke to about it said that it was a bit wacky, but that's how it is.

it's one of them things where some will think one and some will think the other.

It used to be like that Gary when it was all done on paper but since the computerized MOT's came about it now goes on the system as an instant failure (which is the system that the police now check) and your only right is to drive it home and park it up (if it's not deemed as too dangerous to even drive home by the MOT'er)

Peter_ · 16-01-2012, 09:22

Quote:

Originally Posted by Kymmy

It used to be like that Gary when it was all done on paper but since the computerized MOT's came about it now goes on the system as an instant failure (which is the system that the police now check) and your only right is to drive it home and park it up (if it's not deemed as too dangerous to even drive home by the MOT'er)

In full agreement with Kymmy, the moment it fails the test it has no MOT and will be viewed as such on the Police ANPR, so unless you are travelling home from the testing station you are breaking the law, proof of which will be your fail certificate.