Cannot drive MOT fail on road.....it seems. (1 Viewer)

FULL TIMER

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As Jim say's why would you, as you would knowingly be driving an unsafe vehicle on the highway

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movan

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Oh well, sorry I posted the info.:)
Don't be sorry. I didn't know and there are reasons one may wish to drive .... e.g you had banked on it passing.

I took my motorhome for MOT once, last one, convinced it was going to pass .. I had a month to go ... and was due to go to a MHF rally the next week. IT FAILED :( ... so I booked it in for my return from the meet to be sorted ... but according to that I shouldn't have driven it. So I have learned something new.
 

FULL TIMER

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The info is useful as many people used to believe (and probably still do) that you can still drive the vehicle using the MOT that technically hasn't run out, but the minute the vehicle fails you are buggered all though before the computerised system you would have probably got away with it

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Doctor Dave

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If a vehicle failed say due to a tyre with insufficient tread and you had it replaced, then surely you would be legal on the "old" mot certificate.


Dave
 

Carol

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If a vehicle failed say due to a tyre with insufficient tread and you had it replaced, then surely you would be legal on the "old" mot certificate.


Dave

Surely if you replaced the defective tyre and that was the only advisory you would then get your new certificate.
 
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Well if your current MOT is super ceded by the new one, that means you have lost a months MOT so you might as well leave Getting the Mot till the last Minute!
 

scotjimland

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Well if your current MOT is super ceded by the new one, that means you have lost a months MOT so you might as well leave Getting the Mot till the last Minute!

Earliest date you can get an MOT
An MOT lasts for a year. The date it runs out is printed on the last pass certificate.

You can get an MOT up to a month (minus a day) before it runs out and keep the same renewal date.

https://www.gov.uk/getting-an-mot/when-to-get-an-mot
 

Doctor Dave

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Surely if you replaced the defective tyre and that was the only advisory you would then get your new certificate.

Well a defective tyre wouldn't be and "advisory" it would be a fail. The place that I use for MOTs doesn't sell tyres so it would mean taking the vehicle away and (possibly) making another appointment for an MOT test so there could well be a delay in getting the new certificate.

BTW I have never had an "advisory" or a fail, my vehicles are properly prepared for MOT testing so the above scenario is just that, a scenario.


Dave

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Feb 22, 2014
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Earliest date you can get an MOT
An MOT lasts for a year. The date it runs out is printed on the last pass certificate.

You can get an MOT up to a month (minus a day) before it runs out and keep the same renewal date.

https://www.gov.uk/getting-an-mot/when-to-get-an-mot

Yes I know this.....but effectively, it's moot because you cannot have that months grace if your vehicle fails under the new MOT.
 
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Hi
In the past,i had vehicles with winter time MOT dates, re-MOT'd in the summer,reason,longer, warmer,lighter days,to be working outside in the,"Big Blue garage "....
Teaq Bag
 
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Well a defective tyre wouldn't be and "advisory" it would be a fail. The place that I use for MOTs doesn't sell tyres so it would mean taking the vehicle away and (possibly) making another appointment for an MOT test so there could well be a delay in getting the new certificate.

BTW I have never had an "advisory" or a fail, my vehicles are properly prepared for MOT testing so the above scenario is just that, a scenario.


Dave

But if it fails you technically can't drive it as it has failed only to get the repair done. In the case of a tyre I would have thought that they¡d frown on it being driven when the wheel could have been removed ?

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pappajohn

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Makes sense i suppose.
The MOT is only current at the time of test so if it fails an early test it is unroadworthy at that time....not when it expires.

Even with a current valid MOT certificate if any MOTable faults are present an offence is being committed and you can be prosecuted.
 

pappajohn

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Earliest date you can get an MOT
An MOT lasts for a year. The date it runs out is printed on the last pass certificate.

You can get an MOT up to a month (minus a day) before it runs out and keep the same renewal date.

https://www.gov.uk/getting-an-mot/when-to-get-an-mot

Only applies if it passes Jim, not if it fails.
If it fails then it is unroadworthy at that time....regardless of expiry date
 

scotjimland

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Only applies if it passes Jim, not if it fails.
If it fails then it is unroadworthy at that time....regardless of expiry date

yes John.. that is a given.. inform HMG .. I'm only quoting

the GOV site is VERY informative with all questions answered..

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Doctor Dave

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But if it fails you technically can't drive it as it has failed only to get the repair done. In the case of a tyre I would have thought that they¡d frown on it being driven when the wheel could have been removed ?


So I drive it to the tyre dealers to get the defect remedied.


Dave
 

pappajohn

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But if it fails you technically can't drive it as it has failed only to get the repair done. In the case of a tyre I would have thought that they¡d frown on it being driven when the wheel could have been removed ?

So I drive it to the tyre dealers to get the defect remedied.


Dave
And heres a picture of Dave doing exactly that.

light-michelin-man-sitting-on-tyres.jpg
 
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Ok, we've got the jist of it but what if you go to a mot place that doesn't do repairs, as I do ,and it fails , I suppose you are meant to have it trailered away, is that right?
It was ok to go but not come back(n)

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Ok, we've got the jist of it but what if you go to a mot place that doesn't do repairs, as I do ,and it fails , I suppose you are meant to have it trailered away, is that right?
It was ok to go but not come back(n)
Yes that would be how I read it.
 

John & Joan

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Driving a vehicle that’s failed
You must not drive the vehicle on the road if it fails the test, even if the MOT hasn’t run out, except to:

  1. have the failed defects fixed
  2. a pre-arranged MOT test appointment
You can be fined up to £2,500, be banned from driving and get 3 penalty points for driving a vehicle in a dangerous condition.

The way I understand that is the vehicle should not be presented in a dangerous condition. If it fails on a non dangerous fault, it can be driven only to a repairer for the fault/s to be repaired. Remember a blown light bulb is a failure, but is not a dangerous fault. For the pre-arranged MOT re-test appointment the vehicle should have had the faults repaired.

An advisory is not a failure and many garages now, will do a test even thought the owner has reported a failing and requested that it be sorted. They then list the fault as failure or an advisory and repair it before issuing the pass certificate. This gives them brownie points with the DVSA as they appear to have picked up the fault in the test. After having had this happen to me more than once I have decided to use another garage. I book my vehicle in for a full service informing them of any problems I am aware of and an MOT. They for the last 2 years have done it the other way round.
 

Abacist

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So I drive it to the tyre dealers to get the defect remedied.
Dave

And then book a re-test to have the MOT done again and hopefully no other fault has then turned up!

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other than to drive it back for a re-test, which is allowed.. why would you want to .. ?
To get it home from the Test Station or to take it to another garage to have the problem fixed before retesting perhaps!
 
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Gov.uk says:
Driving a vehicle that’s failed
You must not drive the vehicle on the road if it fails the test, even if the MOT hasn’t run out, except to:

  1. have the failed defects fixed
  2. a pre-arranged MOT test appointment
You can be fined up to £2,500, be banned from driving and get 3 penalty points for driving a vehicle in a dangerous condition.
In an attempt to put things simply so that mere mortals can understand, the authors of Gov.uk have once again oversimplified to the point of being misleading. This is happening all over that site, unfortunately.

Let us assume you know little about vehicle mechanics. Your car develops a suspension fault which is dangerous, but isn't obvious to someone not mechanically qualified.

While doing the school run, you are committing the offence of driving a vehicle in a dangerous condition, but if prosecuted, have good mitigating circumstances to lessen the penalty.

You take it for a test & it fails. The garage who you intend to have do the repairs can't fit you in for a week. Now if you continue to do the school run, you are knowingly committing an offence & have no mitigating circumstances. However, Gov.uk has just told you that you can drive the vehicle if you are going to the garage to have a defect fixed. It's not very clear whether the following paragraph prohibits this if the defect is dangerous, or whether it's just a general warning about the possible consequences of continuing the general use a vehicle after it has failed.

It does tell you that you can drive to the test station for a re-test, but doesn't actually say if you can drive home from the first failure, if it's not practical to drive straight to the intended repairer. The wording on the fail document is:
This document tells you that your vehicle has not been shown to meet the minimum
legal requirements for the reason(s) detailed. 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.

Note 'without delay' - not 'immediately' & the reference to getting it done before the old certificate expires.

You have to read on to the next page on Gov.uk to discover that you can take the vehicle away & rely on the unexpired certificate to be safe from penalty for having no MOT.
Taking your vehicle away for repairs
You can take your vehicle away if your MOT certificate is still valid.

You can only take your vehicle to or from somewhere to be repaired if your MOT has run out.
That last sentence is badly worded. It is a separate paragraph, so should stand on its own. It would make sense if it was part of the previous paragraph, but on its own it should have its order reversed. It should read 'If your MOT has run out you can only take your vehicle to or from somewhere to be repaired.' As it stands, it actually says the reverse of what it is supposed to mean.

My reading of the whole section is that you could still be liable for using a vehicle in a dangerous condition though. I don't think that is made clear enough. The only mention of that offence makes it rather look as if it's related to driving without an MOT, which it isn't - it's unrelated.

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