Reply to: Existing MOT (valid till Sept end) & Failed new MOT ..!!

[Peoplesoft bloke]

Sockie is right.

And I can't believe someone trotted out that old chestnut about Insurance again.

[Sockpuppet]

Sockie please talk to the Roses, they may grow better.

http://www.dft.gov.uk/vosa/repositor...by%20hand).pdf

So if it fails repair without delay and get re-tested. The MOT will not be invalidated and require you to obtain a SORN etc but you cannot use it on the road other than to get it repaired or tested.

Regardless of lax common practice you may be used to in the haulage industry this is the letter of the law. Two different things.

Your mate in traffic may not give a toss but the CPS might. Of course you are free to make up your own mind.

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

Where does that say you can't use it on the road. It says you should have it repaired. Which is what you do if you car brakes failed without an MOT needing to be done. No where does it say you can't drive it anywhere other than to / from test stations. As I've said before. I tyre pressure sensor failure will make a car fail an MOT but will not attract the wrath of the CPS.

but you cannot use it on the road other than to get it repaired or tested.

Nope, it doesn't say that at all. What it does say is that you should get it retested before your existing MOT runs out. Which sort of proves my point about your old MOT still being valid.

But hey we'll agree to differ.

[vetran]

Sockie please talk to the Roses, they may grow better.

http://www.dft.gov.uk/vosa/repositor...by%20hand).pdf

About this document
1This 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 . In a few cases, this document
may be issued because the test could not be
satisfactorily completed.
2 Please keep this failure notice and produce it at the
Testing Station in the event of a re-examination.
3 Further information on retest fees or if you disagree
with the test result can be found on the Fees
and Appeals poster displayed in every vehicle
testing station, by visiting MOT : Directgov - Motoring or
contacting VOSA on 0300 123 9000*.

So if it fails repair without delay and get re-tested. The MOT will not be invalidated and require you to obtain a SORN etc but you cannot use it on the road other than to get it repaired or tested.

Regardless of lax common practice you may be used to in the haulage industry this is the letter of the law. Two different things.

Your mate in traffic may not give a toss but the CPS might. Of course you are free to make up your own mind.

[Sockpuppet]

MOT Failure Question - MOT - MOT Test: All the Information You Need

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.

Is exactly the same as

However if your vehicle develops a fault and you do not rectify the defects then you are driving an unroadworthy vehicle which is an offence.

I keep telling you people over and over again that an MOT is not the same as a roadworthy vehicle. Failing an MOT does not constitute driving an unsafe vehicle.

From the 1st Jan next year you'll fail the MOT if your Tyre pressure sensors are not working or if your steering lock doesn't work. Both of these failures will fail an MOT but the plod will not give a toss as there is no law against those. An HGV can fail a MOT for having a tail lift that doesn't work but there is no legal reason to have one working, the plod couldn't give you points for it.

General rule for the MOT is: If it's fitted it must work and be safe.
General rule for the ROAD is: If it's fitted it must be safe.

Note how those are not the same.

[ASB]

Thats what I want to avoid...Looks like what you are saying is once MOT failed existing MOT will be invalid...& Police can take my car off the road..??

No; that not what I am saying. The existing MOT will NOT be invalid if it fails. (I believe the testing station has the power to call in VOSA who could test it themselves and rescind the certificate but that is not likely).

In order to use he car on the road it must:-

1) Have a valid MOT certificate. The fact that you take it for an MOT today and it fails will be recorded but that of itself does not mean you do not have a current MOT. You will not be committing this offence.

2) Comply with the construction and use regulations (i.e. be roadworthy).

So, let us assume that you take it for an MOT and it fails because of emissions (i.e. SockPuppets example). This of itself is not necessarily a breach of con and use regs. It might be if it belching smoke everywhere, or it might not. If it is a breach you are commiting an offence under 2. If it isn't you are not.

Say it fails because of a headlight bulb. You will be committing an offence under 2, replace the bulb and you won't be. (Note also that driving to or from a test only gives you an exemption under the requirement for 1 it does not give an exemption from the con and use regs).

Your problem you describe is:-

"My worry is once I did the test & fail, MOT record will show as failed & I could be trouble for driving the car even though my current MOT covers till Sept end."

This is partly true. The record will show a fail. You could be in trouble for driving the car - if it is unroadworthy. The fact that the car has an MOT makes no difference to this. It is more likely you would get a pull since it will show up as failed.

[mudskipper]

MOT Failure Question - MOT - MOT Test: All the Information You Need

"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."

So to put this into context if your car fails the MOT due to illegal tyres then you are driving an unroadworthy vehicle, you were driving unroadworthy vehicle before the MOT, and you will be driving an unroadworthy vehicle until you get a new tyre. Therefore at anytime if caught you would be subject to a £2500 fine and 3 points per illegal tyre.

However once you get a new tyre your car is roadworthy and the old MOT is still valid until its expiry date, thus you can then drive your car again and get it retested to your timescale, with out worrying about driving without an MOT.

[SueEllen]

Put it this way the DVLA aren't going to send a snatch squad for you in the middle of the night.

That's because they clamp cars instead.

[Paddy]

There was a similar discussion on R4 some time ago. They had a spokesman from the VOSA who said that if a vehicle is tested at any time prior to the expiry of the current MOT then the most recent MOT test becomes the only valid one. IE. Once it has failed and MOT’ it has failed regardless of the expiry of any previous ones.

[Sockpuppet]

The point was that the OP still has a valid MOT (though he is more likely to get a pull since it will show an MOT fail on ANPR). He is not committing the specific offence of not having an MOT

Nope. The ANPR cameras only check for valid MOTs. They don't check for failed MOT tests while you still have an existing MOT. Trust me on this one of my mates is a traffic cop and a good source on info on points like this.

Thats what I want to avoid...Looks like what you are saying is once MOT failed existing MOT will be invalid...& Police can take my car off the road..??

Simple. Don't drive a car in a dangerous condition and you'll have no problems.

Having an MOT or not having one doesn't prove the condition of the car either way. But as far as the police, ANPR, your mother, that kid from down the road and your insurance company are concerned you have an MOT till the end of Sept which means you can drive the car on the road until then. However you as the driver need to assess the car each time you drive it and don't drive it if its in an unsafe condition MOT or not.

Put it this way the DVLA aren't going to send a snatch squad for you in the middle of the night.

[Darren_Test]

Yes. The point was that the OP still has a valid MOT (though he is more likely to get a pull since it will show an MOT fail on ANPR). He is not committing the specific offence of not having an MOT..

Thats what I want to avoid...Looks like what you are saying is once MOT failed existing MOT will be invalid...& Police can take my car off the road..??

[Darren_Test]

Ok...let me clarify this...I am NOT trying to drive a MOT failed car for another year...I just need 3 weeks time (till end of existing MOT) to fix the car if MOT fails tomorrow. Also if it fails due to some serious issue I am not planning to drive any way ..!!

But if it fails due to some trivial issue I want to use as normal for another 3 weeks, with out getting caught as 'MOT failed' in ANPR....

Thanks.

[ASB]

But that is true whether or not he MOTs it. If there are serious faults it's unroadworthy - whether or not you know about them. The MOT is irrelevant.

Yes. Being MOT'd is a specific requirement to legally use the vehicle on the road. It is absolutely nothing to do with whether it is roadworthy or not.

The point was that the OP still has a valid MOT (though he is more likely to get a pull since it will show an MOT fail on ANPR). He is not committing the specific offence of not having an MOT.

If the faults which caused the MOT fail are offences under the con and use regulations (which is likely) then he will still be committing those offences - in just the same way as he was when driving it to the MOT station in the first place.

[mudskipper]

However the vehicle is arguably not in a roadworthy condition until such point as the faults have been dealt with to the appropriate standard (depends what the faults were), whether or not it is retested.

But that is true whether or not he MOTs it. If there are serious faults it's unroadworthy - whether or not you know about them. The MOT is irrelevant.

[ASB]

The OP will not be committing the specific offence of driving a vehicle without a current MOT. The old certificate is not invalidated (under the old system if you got a "red" fail it was).

However the vehicle is arguably not in a roadworthy condition until such point as the faults have been dealt with to the appropriate standard (depends what the faults were), whether or not it is retested.

[Sockpuppet]

So actually the answer isn't yes, it's maybe, because it may also fail the MOT due to a problem that will also get you in trouble for driving an unroadworthy vehicle. It depends why it fails.

Sort of.

The question of "It's failed my MOT can I drive it". The answer being yes. Failing an MOT doesn't bar the car from the road if you have an existing MOT.

The question of "My car has dangerous faults which caused it to fail it's MOT, should I still drive it" is different. It's the dangerous faults which bar it from the road. Minor faults while they'll fail an MOT are not enough to keep it from the road or get you any penalty for doing so.