Ryannn
Posted a lot
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But in the past I've been told that if the car still has a current mot its okay to use. Granted I'm not talking about driving from Lands End to John O'Groats, but driving the car around for a few days while you find time to fix it. For example - take car for mot a month before the current one runs out, car fails, still have 1 months mot to use while fixing the car. Well this thread has been an eye opener for me as I was always of the above opinion - I've taken quite a few cars to MOT, had them fail, fix them and take them back for retesting. Granted the garage I use is less than 2 miles away from my house and along single tracks and back roads so the chance of being pulled by plod are minimal but good to know... There was a similar thread on here recently and the wording of the law states you can drive the car to an MOT or to a place of repair. Doesn't say that place can't be your house. I can't see how you could ever be prosecuted with that logic.
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Can you still drive it to a place of repair ie home? That's what i have always done when any work needed has been something i can do my self at home. Yes as far as I am aware. But once there, it seems you shouldn't use it again until it's booked in for its next test. Provided it's booked in, you shouldn't have a problem. It's the continuing to use it after the failed test that's the issue.
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if you fail the MOT a week before it expires, you still have an MOT for a week.
you don't, however, have a roadworthy car
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Online information regarding the law / what you can do if your vehicle is out of test: www.gov.uk/getting-an-mot/after-the-testThere is nothing stopping you returning home with the vehicle to undertake the repairs or even part of them - i.e. if you undertook your own mechanical repairs at home and then booked the vehicle with a garage / workshop for welding repairs or repairs that you are not in position to undertake - then the vehicle could be driven there too prior to it's retest - However the vehicle must be insured and the repair must be booked with the garage / workshop to the effect that it's written in their diary - has must the retest at the testing station - You would stand on dodgy ground if it was proven that you were not taking a direct(ish) route to the place of repair / collecting the weekly shopping enroute etc I have known of a vehicle being purchased without a MOT, insured by the purchaser and then driven some 200 + miles to a pre booked MOT station (which just happens to be a mile down the road from the purchasers home address) In todays world of multiple fixed / mobile ANPR cameras, hefty fines, hefty points on your licence, impounding of vehicles and lots of money to get it back - it's just not worth the risk
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Last Edit: May 9, 2017 20:42:54 GMT by Deleted
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VIP
South East
Posts: 8,293
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How is this news?
If your car isn't roadworthy, you'll be prosecuted for it If caught, regardless of an arbitrary date on a piece of paper.
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From said link that Grumpy posted:
'You can take your vehicle away if your MOT certificate is still valid.
If your MOT has run out you can take your vehicle to:
* have the failed defects fixed * a pre-arranged MOT test appointment
In both cases, your vehicle still needs to meet the minimum standards of roadworthiness at all times or you can be fined.'
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I think this all hinges on roadworthiness. I believe that an MOT fail doesn't necessarily mean the car is unroadworthy. If, for example, you failed on emissions the car isn't dangerous to use on the road. If, as another example, you failed on sub-standard brakes then obviously the car is unroadworthy.
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From the Gov.UK site (DVSA)
Driving a vehicle that’s failed
You can take your vehicle away if your MOT certificate is still valid.
If your MOT has run out you can take your vehicle to:
have the failed defects fixed a pre-arranged MOT test appointment
In both cases, your vehicle still needs to meet the minimum standards of roadworthiness at all times or you can be fined.
So if you take a car for an MOT and it fails, but you have valid MOT still running you can take it away to get repairs done. However it is fair to say that this contradicts DVSA's own advice from 2015. In practice you shouldn't use the vehicle for regular duties if it failed but has the remainder of old MOT. Overall you may get local police interpretations on this but as long as the vehicle is roadworthy i.e. not in dangerous condition and you can show you are taking it for repair (doesn't have to be a 'garage')no MOT or overlapping after a failure shouldn't get you into trouble. Some insurance will have specific policy conditions around valid MOT's and the greater issue is if they decide you do not technically have insurance.
As with nearly all Road Traffic legislation, offences are generally absolute therfore you need to prove any legal exceptions as opposed to the prosecution proving otherwise. these days
You are more likely to get pinged by ANPR than be stopped by the police these days.
My experience is as long as you don't take the proverbial you should be ok. Oh and don't believe what teh papers say -ever
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Needs a bigger hammer mate.......
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Agreed VIP. However, I suspect that some folks that aren't particularly car orientated like us presume that if their car has a valid MOT it must be roadworthy, even though the certificate states on it the obvious.
So while not an avid Sun reader I welcome the article.
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richr
Part of things
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You are permitted to drive to the MoT station using the most direct route. It does not have to be the closest station but the route has to be direct.
You are permitted to drive the vehicle home, again most direct route, providing it isn't issued with a major defect making the vehicle unroadworthy and dangerous. The vehicle does not have to have current road fund licence but does need to have insurance.
Think thats about it
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This has been discussed many times in many places.
I'm confident that your old MOT doesnt become invalidated and as far as MOT goes you can drive the car until it runs out even if its failed a test.
However, you cant drive an unsafe car whether with lots of MOT or little.
For example, you just failed a test because the brakes don't work but you still have an old MOT, you drive away and have an accident, you get nicked for faulty brakes, you don't get nicked for no MOT. Sure enough you shouldnt have been driving the car.
Another example, your car fails on a number plate or emissions, you drive home and fix the faults and don't book the re-test for a few days, you still have the remaining time from last years MOT so you can legally drive the car in those few days because it has a valid MOT and is in safe and legal condition.
Thats how I understand it and what I'm happy to do.
If I decide to drive a car that has just failed and I know to be unsafe then I would deserve to be caught and punished for using an unsafe car knowingly (although not knowing doesnt make it any more legal, just morally different)
If this
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Dez
Club Retro Rides Member
And I won't sit down. And I won't shut up. And most of all I will not grow up.
Posts: 11,733
Club RR Member Number: 34
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You are permitted to drive to the MoT station using the most direct route. It does not have to be the closest station but the route has to be direct. You are permitted to drive the vehicle home, again most direct route, providing it isn't issued with a major defect making the vehicle unroadworthy and dangerous. The vehicle does not have to have current road fund licence but does need to have insurance. Think thats about it The 'most direct route' thing- not true. There has been test cases that have proven this.
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I think this all hinges on roadworthiness. I believe that an MOT fail doesn't necessarily mean the car is unroadworthy. If, for example, you failed on emissions the car isn't dangerous to use on the road. If, as another example, you failed on sub-standard brakes then obviously the car is unroadworthy. this is pretty much it. I had a major issue with this last year after my mondeo was tested fraudulently (lots of failures due to the mot garage breaking it, and failures that didnt exist, and tested whn not required as a clean mot three months before) anyway i digress, i had a roadworthy car with a failed mot, amd a current valid one. Lots of different views, pretty much all as said here,but i couldnt find anything definitive. Now i was pretty unimpressed by all this, and actually the law is not precise there is no strict situational definition. And, although a junior, in my working world i am a lawyer, and i searched the legal world for an answer! I had a detailed conversation with VOSA, and it boils down to knowi gly drining a vehicle which is in an unroadworthy condition or not that is the crux of the matter. The MOT is ultimately one garages assesmwnt of a cars roadworthiness. If you do drive a car knowinhly unroadworthy should a situation arise, you could POTENTIALLY, andnit is still potentially be prosectued as driving an unroadworthy vehicle is a contravention and also invalidates insurance. However a new MOT categorically DOES NOT override the old one and ANPR would still show the previously issued valid MOT pass. Should you fail on a tad of welding, or something trivial then drive on. If you fail becuase your car has the brakes of an 18th century cart then by all means fix it ASAP. me my car had a brake imbalance failure point, and i had them retested at a reputable garage and the brakes passed, so i am knowlingly driving a car that has working brakes, which the earlier clean MOT would demonstrate. It also is worth pointi g out that this inly becomes an issue either if A: a vehicle is flagged as dangerous on an MOT fail,or you have a situation where any knowledge of major defects would be a problem, say a serious colision. Otherwise you wouldnt get pulled up. Really, if uou have a serious fault. Fix it. If it is not a serious fault, your car is still lefally roadworthy until expury of the earlier MOT. Who said the law was complex eh? Easy! Clear as mud more like, and i do contract law! Speech done!
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i had my mot 2 weeks ago, whilst in the waiting room a lady was collecting her failed vehicle which was due to a snapped rear spring (car was hunched to one side) her exact words were "glad i bought it in early now, at least i've got a month to fix it"
sigh.
as much as we rationalise this in our favour, you cant legislate for stupid
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Last Edit: May 9, 2017 22:37:40 GMT by darrenh
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I would have thought that was all blatantly obvious . Take car for MOT , it fails, car is illegal . I'd politely disagree. For example an ABS warning light illuminated due to an electrical fault but the braking system works perfectly? Subject to the above mentioned criteria of course.
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@ darrenh... You make a good example of my response to VIP's post. Some folks see us in our shitboxes and presume they should be in a scrap yard rather than on the road. However as the readers rides thread lays testament to we tend to maintain our cars above and beyond the required standard.
Saying that my modern will need servicing in two years which will have to be done by the dealer to keep it's warranty and resale value and the following year need an MOT at which point will probably be traded in for a new one due to depreciation. Other than tyres and feeding it I'm very unlikely to give a monkeys as long as it works.
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May 10, 2017 10:11:10 GMT
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I've always applied a common sense approach to this, which is undoubtedly completely incorrect. If a fault was flagged up as dangerous, then the car wouldn't get used until fixed. If it was something obvious and unsafe in my eyes (bald tyres, peeing out brake fluid, ball joints flapping around on the verge of coming apart), I would adopt the same approach. If it was something less critical and not likely to cause a crash (airbag light, number plate, damage to windscreen in prescribed area) I'd get it sorted within the retest period.
Does anyone know:
1. of any actual cases where someone has been prosecuted for driving a car which has failed a test but still has a valid MoT certificate? 2. Whether the police ANPR system would flag up your car in such circumstances?
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Jaguar S-Type 3.0 SE
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fad
Posted a lot
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May 10, 2017 10:23:10 GMT
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I drove around (unkowingly) without an MOT for three months. I had tax and insurance. In that time I made a ferry crossing to Calais and drove through Holland, and came back towing a trailer. I used the Dartford crossing both ways, parked in an ANPR monitored car park, drove past several traffic police cars, and picked up a parking ticket (which I contested and won because I was parked legally).
It was only while looking for a better deal on my insurance renewal did it occur to me that my MOT expires three months before my tax does (usually it's all on the same date for me).
Not a single fine, tug, or mention on an MOT.
(As it happens, I took it for a test, and it passed with one advisory about my having winter tyres fitted and one about a split rubber on a ball joint - I don't wait for MOT time to actually look at the condition of my car and fix stuff as I go.)
Make of that what you will.
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VIP
South East
Posts: 8,293
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May 10, 2017 10:34:49 GMT
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You are permitted to drive to the MoT station using the most direct route. It does not have to be the closest station but the route has to be direct. Nope, this has been tested in Case Law. If you want to stop somewhere on the way to grab a drink or pick something up from the Post Office, it's perfectly acceptable. Obviously doesn't negate the requirement for roadworthiness though.
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wodge
Part of things
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May 10, 2017 11:03:36 GMT
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The only thing that's really changed is you're are 100 times more likely to get a tug as you'll now show up on anpr.
And they can see your fail sheet so you'll likely get done for each defect on your fail sheet under the Construction and Use codes - i.e at least three points per defect a fine and a massive and completely unregulated insurance premium hike!!
As far as I am aware being able to drive home from the MOT doesn't get you off being prosecuted for the above infringements. Especially if the MOT tester marks it as dangerous or excessive (like tyre down to the chords etc).
P.S. I pick a deliberately rural MOT station where I don't have to touch a main road to get home to reduce any risks. The days of getting an MOT done as a cheap way to find out whats wrong with it without laying underneath are over. I'm surprised more garages don't offer a fixed price pre mot check - i.e. an non recorded MOT.
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Last Edit: May 10, 2017 11:06:46 GMT by wodge
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