DVSA confirm previous MOT is still valid if you fail

System

Nick_C wrote: »

I'm still unclear. After May 20, will it be illegal to drive a car that has failed its Mot, even if its roadworthy and the old Mot has not expired?

If your car fails the MOT it isn't roadworthy, you've just been told by a MOT examiner it isn't by the fact you've got a fail sheet in your hand. A MOT is an inspection that your vehicle meets the MINIMUM standards for road worthiness therefore a fail means it isn't.

Nick_C

Tarambor wrote: »

If your car fails the MOT it isn't roadworthy, you've just been told by a MOT examiner it isn't by the fact you've got a fail sheet in your hand. A MOT is an inspection that your vehicle meets the MINIMUM standards for road worthiness therefore a fail means it isn't.

Really? So if your windscreen wipers are smearing, your car is unroadworthy?

If you have a chip on your windscreen bigger than a pound coin, you can't drive it to Autoglass to get it replaced?

Are you sure about that?

So why does the .gov website say:-

"Driving a vehicle that!!!8217;s failed
You can take your vehicle away if your MOT certificate is still valid."

marlot

Tarambor wrote: »

If your car fails the MOT it isn't roadworthy, you've just been told by a MOT examiner it isn't by the fact you've got a fail sheet in your hand. A MOT is an inspection that your vehicle meets the MINIMUM standards for road worthiness therefore a fail means it isn't.

No.

The RTA 1988 doesn't equate roadworthiness with being able to pass an MOT - despite many people thinking the two are interchangeable. I've previously given the example of spacesavers (having one fitted will fail the current MOT rules, but is still roadworthy).

The RTA definition of roadworthiness talks about tyres, steering and brakes. And lights when the car is being used at night.

waamo

How on earth do people still get it so wrong when it's written in plain words in front of them?

Topcat2007

So have I got this right? If a car fails an MOT on a 'Dangerous' condition it means that you have no choice but to have it fixed by the garage who did the MOT as you cannot drive it away? This to me seems wide open to abuse by unscrupulous garages. Not only is there an incentive to fail the test but they can charge you what ever they like to fix it as you are stuck!

waamo

Topcat2007 wrote: »

So have I got this right? If a car fails an MOT on a 'Dangerous' condition it means that you have no choice but to have it fixed by the garage who did the MOT as you cannot drive it away? This to me seems wide open to abuse by unscrupulous garages. Not only is there an incentive to fail the test but they can charge you what ever they like to fix it as you are stuck!

Have you read the first post?

Topcat2007

Yes I have - my point was that this is open to abuse by
unscrupulous garages as once the car has been designated Dangerous you are trapped.

Car_54

Topcat2007 wrote: »

Yes I have - my point was that this is open to abuse by
unscrupulous garages as once the car has been designated Dangerous you are trapped.

But nothing has changed. Testers have always highlighted dangerous faults.

They cannot prevent you driving away. If you don't want to risk that, you can have your car trailered.

Joe_Horner

Topcat2007 wrote: »

So have I got this right? If a car fails an MOT on a 'Dangerous' condition it means that you have no choice but to have it fixed by the garage who did the MOT as you cannot drive it away? This to me seems wide open to abuse by unscrupulous garages. Not only is there an incentive to fail the test but they can charge you what ever they like to fix it as you are stuck!

No, you still have a choice and can drive away if you want. Also, once you've had the fault repaired, you can continue to drive totally legally on your old MOT until it expires.

BUT, if anything happens between then and getting the fault repaired you can expect to have the book thrown at you because you can't claim ignorance as mitigation.

AdrianC

Topcat2007 wrote: »

So have I got this right? If a car fails an MOT on a 'Dangerous' condition it means that you have no choice but to have it fixed by the garage who did the MOT as you cannot drive it away? This to me seems wide open to abuse by unscrupulous garages. Not only is there an incentive to fail the test but they can charge you what ever they like to fix it as you are stuck!

Testers could always flag a fault as dangerous.
If the car was unroadworthy, it was illegal to drive it to the test centre, too.
You can get an unroadworthy car collected on a trailer.