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failed mot????

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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 19 July 2010 at 8:50AM
    Mr_Oink wrote: »
    1. Your car requires an MOT to be driven legally on the road (any other opinion, argument etc is largely irrelevant)

    No.

    Having an MOT doesn't mean you are driving legally at all.

    In spite of having a valid MOT, if you are driving a car in an unroadworthy state it will not be legal!

    (Separately to your "other opinion, argument is largely irrelevant" opinion you are allowed to drive a car without an MOT to a garage for a pre-booked test)
  • shuaibf
    shuaibf Posts: 235 Forumite
    geez your up early for an argument.. looks like someone lives next to their computer
    Halifax Current Account Overdraft : [STRIKE]£1500[/STRIKE] FULLY PAID OFF:j
    Halifax Credit Card : [STRIKE]£1950[/STRIKE] £1000 Left NOT LONG LEFT
    O2 :( : [STRIKE]£952[/STRIKE] [STRIKE]£600 Left[/STRIKE] FULLY PAID OFF :j
    DEBT FREE BY SUMMER 2010 HOPFULLY :D
    _party_
  • Mr_Oink
    Mr_Oink Posts: 1,012 Forumite
    Quentin wrote: »
    No.

    Having an MOT doesn't mean you are driving legally at all.

    In spite of having a valid MOT, if you are driving a car in an unroadworthy state it will not be legal!

    (Separately to your "other opinion, argument is largely irrelevant" opinion you are allowed to drive a car without an MOT to a garage for a pre-booked test)

    But the statement is correct. It *REQUIRES* a valid MOT certificate to be legally driven on the road (caveat to and from a prearranged MOT test {or works for said MOT}).

    Naturally, even with the caveat, you can still be prosecuted for driving a dangerous vehicle - say for example you hit the brakes and (because of an imbalance) it swerves to the left and takes out a pedestrian....

    I agree that an MOT certificate does not make a vehicle legal or roadworthy, but without one it *is* illegal :-)

    Thanks to those wonderful ANPR cameras and the electronic MOT database, being without one {which then probably invalidates the insurance too} is a pretty swift way to the crusher ;-) Even if a vehicle has a current certificate, but has failed an MOT before the expiry of that previous certificate - it would be hard to argue the vehicle to be fit and roadworthy for continued use driving it around multiple garages asking for a second, third and fourth opinion. :rotfl:
  • mummyevs
    mummyevs Posts: 15 Forumite
    edited 19 July 2010 at 4:55PM
    Hi all. just thought id tell you that this morning i took my car back to the original garage as planned,and what do you know..it passed the mot... they said thankyou very much for bringing it to there attention,there machine was off and needed recallibrating!! i told them thats very well but how many people have they wrongly or rightly mot'd whilst its been "off". they were very quite about it,i told them i will contact vosa to let them know.. I phoned my local vosa office,and i have to ring back tomorrow to speak to the man that deals with that area.. tbc

    so at no time was i driving an unroadworthy car...(which of course i new all along.. before you jump on me,im just joking ..!! )
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    mummyevs wrote: »
    ,i told them i will contact vosa to let them know..


    Pity East Germany doesn't exist anymore, you would have a job for life.
  • sassy_one
    sassy_one Posts: 2,688 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    When a MOT garage fails a car, the failure is stated and recorded on VOSA national database which all MOT stations have access to and must log into prior to commencing an MOT test.

    When you take the car to another MOT test garage, they will see this recorded information and unless it can be proved otherwise, will fail the car on that ground unless after test if proves that fault recorded earlier, has indeed been cleared and/or replaced.


    The garage that has told you it is fine, may in fact be the one that is wrong, however being that in these current times a lot of people are out to con motorists I would take the car to a local well known garage (Not a national company)
    Your total risk and loss for taking it to another garage would just be another test fee, which may work out cheaper than the repair at the first garage to past!
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Mr_Oink wrote: »
    ……..Thanks to those wonderful ANPR cameras and the electronic MOT database, being without one {which then probably invalidates the insurance too} is a pretty swift way to the crusher ;-) Even if a vehicle has a current certificate, but has failed an MOT before the expiry of that previous certificate - it would be hard to argue the vehicle to be fit and roadworthy for continued use driving it around multiple garages asking for a second, third and fourth opinion……
    Pretty sure that lack of MOT by itself will not affect insurance, as for the ANPR cameras I managed to forget my MOT last year and ended up driving around for about 6 months without an MOT during which I did the thick end of 10k miles including frequent trips up & down the M1 & M4, multiple trips into central London and two ferry trips to Europe.

    I must have passed lots of ANPR cameras but didn’t get pulled once, maybe the MOT isn’t linked in, maybe they don’t bother with such minor offences unless there are more serious offences involved too or maybe I was just lucky
  • Mr_Oink
    Mr_Oink Posts: 1,012 Forumite
    vaio wrote: »
    Pretty sure that lack of MOT by itself will not affect insurance, as for the ANPR cameras I managed to forget my MOT last year and ended up driving around for about 6 months without an MOT during which I did the thick end of 10k miles including frequent trips up & down the M1 & M4, multiple trips into central London and two ferry trips to Europe.

    I must have passed lots of ANPR cameras but didn’t get pulled once, maybe the MOT isn’t linked in, maybe they don’t bother with such minor offences unless there are more serious offences involved too or maybe I was just lucky

    I think you just got very lucky :D


    IANAL but no MOT ==vehicle illegal to drive == insurance invalid. I don't think any insurance company would knowingly protect an illegal vehicle as they tend to wriggle out of anything they can ;-) - but I can't claim to be a legal expert on the subject, more of a cynic on insurance companies.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Mr_Oink wrote: »
    IANAL but no MOT ==vehicle illegal to drive == insurance invalid. I don't think any insurance company would knowingly protect an illegal vehicle as they tend to wriggle out of anything they can ;-) - but I can't claim to be a legal expert on the subject, more of a cynic on insurance companies.

    Linking no MOT with invalidating insurance is just ill informed scare mongering.

    Your insurance is NOT invalid if you have no MOT.
  • Mr_Oink
    Mr_Oink Posts: 1,012 Forumite
    edited 20 July 2010 at 7:44AM
    Quentin wrote: »
    Linking no MOT with invalidating insurance is just ill informed scare mongering.

    Your insurance is NOT invalid if you have no MOT.

    Do you have any legal citation for that claim? Are you the authorised spokesperson for all insurance companies?

    As I understand it from this thread (so hardly scientific or legal precedent)

    https://forums.moneysavingexpert.com/discussion/417682

    It depends on (a) the insurance company (b) the road worthiness of the vehicle. It's probably fair to say it's murky waters with different opinions on it - but the only one that matters would be any insurance company asked to pay out in the event of an accident. My view and yours being equally worthless and 'ill informed' in such an event.
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