MOT one month early and it fails - Can I still drive?

anotheruser

MOT's are such a red herring in my opinion.
I understand why they are there but the fact that they only matter for a short time baffles me:

Car passes MOT test.
2 hours after a bulb blows.
Owner doesn't fix for months.
Technically the car doesn't have a valid MOT as it wouldn't pass at the current time.
Thus, a vehicle's safety only really matters the day of the test. Any point after, things can happen that would make it unsafe but as it was "safe" a few hours/days/weeks/months before, then it's considered safe... even though if it was tested there and then, it wouldn't be.

I don't think I will ever understand why it's okay to drive an MOT failure around but because it was MOT compliant during the test, then that's enough.

Hermione_Granger

Car_54 wrote: »

AFAIK on many modern cars the windscreen is relied upon for the structural integrity of the vehicle, so its absence would definitely render it unsafe.

I don't think that anyone would disagree with that comment, but that isn't what Retrogamer stated.
They said that the removal of the windscreen would make the car illegal to use on the road because it would void the type certificate and that is nonsense.

The position of fitted rear view mirrors will be stated as part of the initial type certificate and if as with most cars, these were one internal rear view and two wing/door mirrors, I could quite legally remove either the internal mirror or the nearside external mirror and the car concerned would still pass an MOT and be legal despite it now differing from the original specification.

There are many other items that would form part of the original certification for the vehicle but which could be removed without having any effect on the legality of taking that vehicle on the road.
Spare wheel,
Front fog lamps,
Tinted glass,
Etc

Hermione_Granger

anotheruser wrote: »

Car passes MOT test.
2 hours after a bulb blows.
Owner doesn't fix for months.
Technically the car doesn't have a valid MOT as it wouldn't pass at the current time.

Just because it wouldn't pass because of the blown bulb doesn't mean that the car concerned doesn't have a vaild MOT. It will remain valid until cancelled irrespective of the blown bulb.
It is either valid or it isn't. There is no such thing as technically not valid.

AdrianC

anotheruser wrote: »

Car passes MOT test.
2 hours after a bulb blows.
Owner doesn't fix for months.
Technically the car doesn't have a valid MOT as it wouldn't pass at the current time.

Technically, it DOES have a current MOT. Whether it would pass another one is a separate question, as is whether it is roadworthy or not. From the moment it passes the test until the moment that certificate expires, that car has a current MOT, no matter what.

I don't think I will ever understand why it's okay to drive an MOT failure around but because it was MOT compliant during the test, then that's enough.

But it wouldn't be okay. If the vehicle's unroadworthy - and we can debate until the cows come home whether a failed bulb renders it unroadworthy - then it isn't legal to use. No matter what the MOT status of it is.

Spicy_McHaggis

AdrianC wrote: »

Technically, it DOES have a current MOT. Whether it would pass another one is a separate question, as is whether it is roadworthy or not. From the moment it passes the test until the moment that certificate expires, that car has a current MOT, no matter what.



But it wouldn't be okay. If the vehicle's unroadworthy - and we can debate until the cows come home whether a failed bulb renders it unroadworthy - then it isn't legal to use. No matter what the MOT status of it is.

There isn't any technically about it, if the car has an in date certificate it has a current mot.

Aretnap

AdrianC wrote: »

There's all the CU offence codes, which would be more likely to be used, but careless and dangerous certainly CAN be applied to somebody using a defective vehicle.

Dangerous driving yes - if the condition of the vehicle is such that the danger of using it would be obvious to a competent and careful driver (link).

However the definition of careless driving has no equivalent part which says "a person is also guilty of careless driving if the condition of his vehicle is a bit dodgy" so the condition of your vehicle cannot be used as the basis of a careless driving charge. Basically either the condition is bad enough to qualify as dangerous driving, or it's a construction and use offence.

As for the original question - just exercise a bit of common sense. If it failed because the brakes are defective then don't drive it until you get the brakes fixed. OTOH if it failed because one of the rear seatbelts is frayed then just don't put any passengers in that seat - you might technically be committing an obscure C&U offence by driving with a defective seatbelt, but the chances of getting into trouble for it are negligible.

The other reason why it might not be illegal to keep driving the car is because what matters is whether the car actually is roadworthy, not whether one particular MOT tester said it was unroadworthy. MOT testers aren't infallible, and in fact I've even heard rumours that some dodgy ones fail cars on dubious points to get more business for their garages (nobody else believes this, I know). If your MOT tester fails your car and tells you that it has four bald tyres, brake pads worn down to the rivets and a steering column which is about to snap then if you think he's talking rubbish you can keep driving it perfectly legally - but only if you're right of course.

AdrianC

Hermione_Granger wrote: »

There are many other items that would form part of the original certification for the vehicle but which could be removed without having any effect on the legality of taking that vehicle on the road.
Spare wheel,
Front fog lamps,
Tinted glass,
Etc

Indeed. The UK does not have any requirement for type approval to be complied with at all times. Construction & Use regs must be, yes. But any car can be modified in ways that do not breach C&U but render it different to the type approval with absolutely no legal issues whatsoever.

It is possible to buy new cars in the UK today with no windscreen, or with foldable windscreens, not to mention the many many MANY pre-existing vehicles which have no windscreen or foldable ones. I own two vehicles which would be perfectly legal to use with their windscreens folded or removed completely.

There is no such thing as UK type approval any more, and hasn't been for many years - EU single approval came into being in 1993.

It is also perfectly possible and legal to register and use a car in the UK that has never been type approved in the UK or Europe, and which only has only ever been tested to see if it complies with MOT standards.

[Deleted User]

I had my car MOT'd at a garage a few weeks ago and it failed. Got a mate to do the repairs but I missed the 10 day free retest. Took it to another garage today (they could fit me in & were cheaper) for the MOT and it passed. Funny thing is it was done by the same MOT tester at both garages, same name and signature. The other funny thing is the advisories are completely different things.

The whole MOT system is just a farce.

specialboy

nodiscount wrote: »

http://www.confused.com/car-insurance/blogs/can-you-drive-your-car-if-it-has-failed-mot

Why is that old chestnut (lie) about insurance being invalid if no mot still being touted around?

londonTiger

Ebe_Scrooge wrote: »

Over my many years of driving, I've been pulled 3 times for having a rear light out. On 2 occasions the PC was nice as pie - "Just get it fixed in the morning and that'll be no problem". But one time the PC was obviously in a right mood - gave me a 10-minute lecture about how I should check every time before I drive the car, their cars are checked before each journey, etc. etc. He ended up by saying he could, if he wanted, write me a ticket there and then, but I guess I passed the attitude test because he let me on my way.

Probably more to do with the paperwork involved than anything. Also how many times have you been pulled over for bad lights in the last 10 years?

I remember once my car had a cracked wing mirror and I drove [carefully] to the motor factors to pick up a replacement wing mirror. I was taking a chance there.

On route I got pulled over by roadside insurance checkers. Checked my license and did a database check on the car. Then one cop did a walkaround the vehicle and didn't say much. Didn't spot the cracked wing mirror for some reason. AFAIK 1 crack is an MOT fail.