MOT query

[Salty Spuds]

Just an update on this. Had a reminder from .gov today saying that the MOT expires in 14 days & it’s also showing as covered on the .gov website. An MOT tester friend checked the MOT database & the fail certificate is there, but so is the current certificate. The database shows that the MOT expires on the 7/3.

 

[Loz]

I doubt it, but if you drive it away with a “dangerous” defect, then you’re breaking the law. As I interpret the info on the .gov website, you can still legally drive it with a “Major” defect as long as the current MOT hasn’t expired. It states that if you drive it with a “dangerous” defect, then you can face a penalty of 3 points & a£2500 fine, the implication being that as long as the defect isn’t “dangerous” then you’re ok.
View attachment 188774

They could not stop you from towing the vehicle away since you would not be driving it.

 

[Salty Spuds]

They could not stop you from towing the vehicle away since you would not be driving it.

Correct, but it would still have to be safe & roadworthy, just as a trailer has to be. Otherwise you’d be guilty of having an “unsafe load”

 

[DXX]

As with all laws and regulations there’s a reliance on self compliance. The people who don’t follow them aren’t deterred if there is a reasonable probability of not getting caught.
Giving somebody another fine who has already got a string of unpaid fines isn’t likely to deter them.
Getting their car crushed might work.

 

[Loz]

Correct, but it would still have to be safe & roadworthy, just as a trailer has to be. Otherwise you’d be guilty of having an “unsafe load”

I meant tow on a trailer... or on a flatbed etc.

 

[Salty Spuds]

I meant tow on a trailer... or on a flatbed etc.

Ahh!

 

[Loz]

Ahh!

yea, I would anything not to be held hostage by the dealer.

Last time the main dealer MOT'd the Cali (3-hour drive away) they called and said that if they started the MOT it would fail as during the service inspection, they spotted the shock bushes were gone. So we agreed not to do the MOT and render it undrivable because! They had NO rear shocks in stock and would take a day to get them! (and they also didn't want me to camp on their forecourt)

 

[DaveD]

yea, I would anything not to be held hostage by the dealer.

Last time the main dealer MOT'd the Cali (3-hour drive away) they called and said that if they started the MOT it would fail as during the service inspection, they spotted the shock bushes were gone. So we agreed not to do the MOT and render it undrivable because! They had NO rear shocks in stock and would take a day to get them! (and they also didn't want me to camp on their forecourt)

Thank goodness you went to a main dealer who demonstrated a bit of common sense and saved you a ton of hassle.

 

[slimsurf]

We've got a slightly diff conundrum in Northern Ireland.... Due to having to go into dedicated test centres, tests are like hens teeth. You can phone and look online for cancellations or book a test....and wait. By time letters come in you could be talking 3 month wait. Once tested though the MOT expiry date moves to 12 months from actual test date.....Hard to keep track of!

Thanks that was my thinking

 

[cgtmiles]

So is any non minor or advisory fault dangerous by default? Or does the tester decide on a case by case basis?

I get the wife’s car done at a place that only does MOTs so any dangerous fault, and a major is quite likely now with the age of the vehicle, mean that I would have to arrange collection on a trailer? I can see me abandoning it before paying out for recovery and repair!

 

[DXX]

So is any non minor or advisory fault dangerous by default? Or does the tester decide on a case by case basis?

I get the wife’s car done at a place that only does MOTs so any dangerous fault, and a major is quite likely now with the age of the vehicle, mean that I would have to arrange collection on a trailer? I can see me abandoning it before paying out for recovery and repair!

It’s all covered by this manual, perhaps if drivers were informed of this document when they are trained to drive there would be a greater awareness of requirements.
The MOT tester risks loosing the licence to operate if they cheat the system so why would they.

MOT inspection manual: cars and passenger vehicles

Inspection processes and rules for car, private bus and light commercial vehicle (class 3, 4, 5 and 7 vehicle) MOT tests.

www.gov.uk

 

[cgtmiles]

It’s all covered by this manual, perhaps if drivers were informed of this document when they are trained to drive there would be a greater awareness of requirements.
The MOT tester risks loosing the licence to operate if they cheat the system so why would they.

MOT inspection manual: cars and passenger vehicles

Inspection processes and rules for car, private bus and light commercial vehicle (class 3, 4, 5 and 7 vehicle) MOT tests.

www.gov.uk

I just did my theory test for the first time online the other day (passed ), there seems to be plenty of random stuff in there already so I don’t see why mot rules couldn’t be added

 

[Deleted member 2198]

So is any non minor or advisory fault dangerous by default? Or does the tester decide on a case by case basis?

I get the wife’s car done at a place that only does MOTs so any dangerous fault, and a major is quite likely now with the age of the vehicle, mean that I would have to arrange collection on a trailer? I can see me abandoning it before paying out for recovery and repair!

It's your car, you can drive it away with as many defects as you like, it is no business of the MOT testing station whatsoever and they have no legal authority to stop you. They can threaten to call the police all they want, they wouldn't be interested in the slightest.

Having said that, common sense must prevail and you alone must decide whether it's safe to drive the vehicle away or not.

 

[Salty Spuds]

It's your car, you can drive it away with as many defects as you like, it is no business of the MOT testing station whatsoever and they have no legal authority to stop you. They can threaten to call the police all they want, they wouldn't be interested in the slightest.

Having said that, common sense must prevail and you alone must decide whether it's safe to drive the vehicle away or not.

This states that you aren’t allowed to drive a vehicle that’s failed its test if it’s deemed “dangerous”. How & who will enforce it is a tad ambiguous.

Getting an MOT

When you need an MOT for your vehicle, what it costs, what happens if your vehicle fails, and how to get mistakes on the MOT certificate fixed.

www.gov.uk

 

[DE018]

EXACTLY!

But the main dealer was having none of it and threatened to call the police if I didn't get them to do the work there and then.

Even if it fails on a serious defect, do the testers really have the jurisdiction to impound your vehicle???

I had this last year when my van got a dangerous fail for rear pads having below the minimum friction material left.

The tester told me I couldn't drive the van on public roads but knowing that ANPR doesn't update automatically and that they had no legal right to keep my vehicle I drove it straight to Euro Car Parts, got some pads, fitted them at home then drove back that afternoon for a partial retest which passed.

I doubt the police would have the time to come out if they were called, but not giving you the key back could be argued as theft if they did put in an appearance and they'd be stopping you removing the vehicle to a garage of your choice (on a trailer obviously officer).