MOT can you drive after a failure?

Chippy_Minton_2

hethmar wrote: »

And back for a retest ............

and home if it fails again.:D

hethmar

and back for a retest - pmsl

The_Banker_5

An MOT certificate is not proof that the car is roadworthy.

You could get an MOT done and then go out and have a bump the next day which damages your steering.

Just because you have a new MOT certificate does not mean that you cannot get done for driving an unroadworthy vehicle.

Jockey666

what if it fails a second retest can you still drive it home?

Wig

Chippy_Minton wrote: »

Yet you're legally allowed to drive a failure home from the test centre.

Yes it is a contradiction in law IMHO, but the exemption that allows you drive to from a test is only an exemption from the requirement to have a valid MOT cert and a valid tax disc. Nowhere is it written that you are allowed to have an unroadworthy vehicle or to drive in contravention of Const & Use. The law relating to unroadworthy vehicles does not make any mention of "the secretary of state may make by regulations an exemption to these requirements"

The laws on MOT certs & VED discs do have sections saying "the secretary of state may make by regulations an exemption....."

But IMHO to say "you are legally allowed to drive a failure home" is not strictly true as their is no exemption from unroadworthy or const & use.

In court you would have to argue that the one implies the other but nowhere is it specifically allowed.

Chippy_Minton_2

Wig wrote: »

But IMHO to say "you are legally allowed to drive a failure home" is not strictly true as their is no exemption from unroadworthy or const & use.

Car fails only for a bald tyre, you collect the car and don't have it re-tested that day. Put the legal spare on and drive home. No offence there!;)

Wig

Chippy_Minton wrote: »

Car fails only for a bald tyre, you collect the car and don't have it re-tested that day. Put the legal spare on and drive home. No offence there!;)

There are a few obvious exceptions, some defective lighting being another exception during daylight hours (I don't think faulty front and rear lamps are an offence in daylight hours, not 100% sure without looking it up). But my point still stands.

P.S. You'd be pretty silly not to ask the tester to reconsider the fail/pass after swapping wheels anyway.......it may be you collect your car after/near closing time, whatever, you were stupid to present it like that with a good spare in the boot.

Inactive

Wig wrote: »

There are a few obvious exceptions, some defective lighting being another exception during daylight hours (I don't think faulty front and rear lamps are an offence in daylight hours, not 100% sure without looking it up).

.

They certainly are illegal, at any time of day.

Wig

Inactive wrote: »

They certainly are illegal, at any time of day.

I decided to look it up
"(3) Paragraph (2) does not apply to-
(c) a defective lamp, reflector, dim-dip device or headlamp levelling device on a vehicle in use on a road between sunrise and sunset, if any such lamp, reflector or device became defective during the journey which is in progress or if arrangements have been made to remedy the defect with all reasonable expedition;"

So you could drive during daylight hours with a faulty lamp as long as it became faulty during the journey or you knew it was faulty and you were on your way to get it repaired (assuming it was reasonable for you choose to repair it elsewhere), which would apply to our failed MOT scenario in daylight hours.

Wig

waynedance wrote: »

A car is presented for an MOT 20 days early for it test.
If it fails does it mean,

A, MOT'ed still for 20 days YES
B, It has no MOT now as it failed and is logged with VOSA NO
C, You can drive it and have 10 working days to fix it and then it has no MOT. You cannot drive it (100% legally) if it is unroadworthy or contravenes Construction and Use regs, you can still drive it and obviously hope not to get checked by police and/or hope not to have an accident the primary cause of which was the defect on your car highlighted in the MOT test. You have been driving the same car (in an equally unroadworthy condition) for the last few weeks, whats another 10 - 20 days? Just drive it, but don't be under any illusion that to do so will be 100% legal.

I am being told so many things really need to know which is correct.

Thank you.

Anyone who tells you in a blase manner that
"You can legally drive to/from an MOT(fail) " is IMHO not giving full and proper advice by pointing out to you that the majority of MOT fail scenarios would render your journey illegal in some form or another.


hope that helps.