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MOT Failure guidelines change.


CwazyWabbit
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Any of the MOT testers on here confirm that this is a change to the guidlines?

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:

  • have the failed defects fixed
  • a pre-arranged MOT test appointment

https://www.gov.uk/getting-an-mot/after-the-test

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If Any car fails it's MOT is then considered not to be in a road worthy condition, but it can be removed from the MOT station to be repaired. There are some MOT stations who solely complete MOT's and do not do any repair work on cars. There is an appeal process but surely it would be irresponsible to continue to drive any vehicle once it has failed, for whatever reason.

As to the existing MOT, the failure has now been registered on the computer system and the existing certificate is therefore null and void. I would imagine this would then 'ping' on any ANPR equipped police car.

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In the past I failed on a headlight, it wasn't broken but the adjuster screw had rusted preventing it being adjusted. So I drove to get a new one, during daylight hours of course. I can of course understand there are many failures that you would be an idiot to drive away from the MOT station with

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Any of the MOT testers on here confirm that this is a change to the guidlines?

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:

  • have the failed defects fixed
  • a pre-arranged MOT test appointment

https://www.gov.uk/getting-an-mot/after-the-test

Nothing's changed, it's always been an offence to drive a defective vehicle, with or without an MOT.

Driving to or from a pre arranged test or place of repair provides a defence to the charge of no MOT, but not to any defects that might be present.

Failing an MOT does not void the remaining certificate, however having a valid MOT is no defence to having a defect.

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I believe there is also a provision for the test station to say the vehicle is in such a bad state it should not be on the public roads and not allow it to be driven away, think it has to be pretty bad for this though!.

Driving a vehicle after it has failed a test and you have been advised of that would put you on dodgy grounds in the event of any accident as you are knowingly driving an "unsafe" vehicle, on the way TO the station you go believing the vehicle is safe (if you know its not why are you getting a test?), big legal difference. Any accident in which it could be implied a part that had failed, and you had been told about, contributed to the accident would land you in a lot of trouble and probable void your insurance, insurance has a clause that the vehicle must be maintained in a safe condition. A failed sidelight is unlikely to contribute to an accident, failed brakes quite possible could.

The same can apply to advisories if they are not acted upon in a reasonable amount of time.

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I believe there is also a provision for the test station to say the vehicle is in such a bad state it should not be on the public roads and not allow it to be driven away, think it has to be pretty bad for this though!.

No, no such provision exists. It's possible to mark any failure item as dangerous, but that's all.

There was talk that testers could issue prohibition notices for particularly bad failures, all this would do is introduce a separate offence if you chose to drive away from the test station. We wouldn't be able to physically stop you, and of course it would be ok to trailer it away.

The rest of your post is spot on.

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A place that just does MOT's in my mind is a much better place for an independant view on the state of the vehicle.

Other main dealers or lets say places who are upselling tyres/batteries/exhausts may have a vested interest in telling you you can't drive it on the road after it has failed. Unless of course they fit the parts and charge you for the labour..........ahem.

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The reason the MOT is still valid is to allow the repairs to be retested under the 'retest fee' and therefore the next certificate will run from that expiry date e.g. 12 months plus xx days. You are allowed to drive to home or to garage to effect the repairs as the guidance state. Though I wouldn't want to risk a Fine of £2500 for driving a vehicle in a dangerous condition bearing in mind that the police can put a prohibition notice on a car requiring it to be moved on the back of a Larry.

As an aside I do get annoyed when I hear or read about someone buying a mot failure and then 'booking' a MOT at the home end to avoid having to pay delivery costs and then driving the car home from across the country.

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I've always understood this to be the case, but the introduction of computerised records 'instant' update meant that you now flagged as failed, whereas the old paper system meant it took time for anyone official to realise. I don't of course condone that philosophy as safe practice...

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From recent experience...

The inlaws Kia Sportage failed it's MOT on a broken front coil spring, so an obvious fail. The mother in law was advised not to use it until repaired; rightly enough...after all an MOT is more of about a vehicle being in a safe condition. The springs were not easy to get quickly (they just had to have the model whose springs are not the common version) so out of curiosity I did an online check with DVLA to see if it was listed as the MOT being refused or "due". This was 5 days after the test so more than enough time for it to update to the public version of their site, but it was still showing as valid as the MOT had not yet reached its expiry date.

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The reason the MOT is still valid is to allow the repairs to be retested under the 'retest fee' and therefore the next certificate will run from that expiry date e.g. 12 months plus xx days. You are allowed to drive to home or to garage to effect the repairs as the guidance state. Though I wouldn't want to risk a Fine of £2500 for driving a vehicle in a dangerous condition bearing in mind that the police can put a prohibition notice on a car requiring it to be moved on the back of a Larry.

As an aside I do get annoyed when I hear or read about someone buying a mot failure and then 'booking' a MOT at the home end to avoid having to pay delivery costs and then driving the car home from across the country.

I suppose most people treat the MOT as the time they find out whats wrong with their car.

I've never had a car that I own fail a test, if its not going to pass I know why and fix it.

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