Failed MOT selling for spares or repair

onomatopoeia99

AndyMc..... wrote: »

Unless the defect is repaired before doing so it is an offence to drive it home.

Not necessarily.

Sad to see this guff being repeated though.

AndyMc.....

AdrianC wrote: »

...and if it is unroadworthy, then it was also illegal to drive it TO the test, or to work the day before...

Who’s saying it isn’t?

AndyMc.....

George_Michael wrote: »

It would only be an offence if the MOT had expired or the vehicle was unroadworthy or unsafe and not every MOT failure makes it so.
If my car has a towbar and electrical eurosocket and the wiring in this socket is faulty then it is an MOT failure even if the lights on the car all work and there is no trailer attached to the towbar.
Does this make the car unroadworthy or unsafe?


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

No it would not.

George_Michael

AndyMc..... wrote: »

No it would not.

So in the example I gave of a car failing an MOT test due to faulty wiring in the towing connector and that vehicle still having a valid MOT certificate which had not yet expired, why would be driving that vehicle home be illegal?

it would be appreciated if you could give a detailed answer rather than simply saying "No it would not"

AndyMc.....

George_Michael wrote: »

So in the example I gave of a car failing an MOT test due to faulty wiring in the towing connector and that vehicle still having a valid MOT certificate which had not yet expired, why would be driving that vehicle home be illegal?

it would be appreciated if you could give a detailed answer rather than simply saying "No it would not"

Construction and Use Regs would still apply.

AdrianC

You really are flailing a bit here, Andy, if you're trying to claim that C&U would render a car unroadworthy over a non-functional 13-pin tow socket, when there's no trailer attached...

https://www.mot-testing.service.gov.uk/documents/manuals/class3457/Section-4-Lamps-reflectors-and-electrical-equipment.html#section_4.10


And don't say "But DANGEROUS" - because a totally u/s trailer socket is flagged as "Dangerous".


It's very easy... The car is just as legal to drive home from the test as it was to drive there. If it's roadworthy, and has current ticket, it's legal to continue to drive it. If it's unroadworthy, it is and was illegal to drive home. Ignorance of faults is irrelevant.

AndyMc.....

AdrianC wrote: »

You really are flailing a bit here, Andy, if you're trying to claim that C&U would render a car unroadworthy over a non-functional 13-pin tow socket, when there's no trailer attached...

https://www.mot-testing.service.gov.uk/documents/manuals/class3457/Section-4-Lamps-reflectors-and-electrical-equipment.html#section_4.10


And don't say "But DANGEROUS" - because a totally u/s trailer socket is flagged as "Dangerous".


It's very easy... The car is just as legal to drive home from the test as it was to drive there. If it's roadworthy, and has current ticket, it's legal to continue to drive it. If it's unroadworthy, it is and was illegal to drive home. Ignorance of faults is irrelevant.

I’m not saying that, I’m saying if it fails and you drive it home it need not have a defect making it unroadworthy or dangerous to commit an offence.

Joe_Horner

AdrianC wrote: »

You really are flailing a bit here, Andy, if you're trying to claim that C&U would render a car unroadworthy over a non-functional 13-pin tow socket, when there's no trailer attached...

Hate to say it, but it technically does. bear in mind there's a world of
difference between "unroadworthy" and "dangerous" (or roadworthy and safe come to that).

Roadworthiness simply means meeting the minimum technical specs laid down for use on the road. Which means meeting the requirements of the C&U regs. Nothing more & nothing less.

Driving on the road with a car that doesn't meet those specs IS an offence in itself, under S.42 of the Road Traffic Act 1988 (for things that don't come under any other offence):

https://www.legislation.gov.uk/ukpga/1988/52/section/42

But it's one you're extremely unlikely to ever be prosecuted for if the fault doesn't affect the safety of you or others.

AdrianC

Which bit of C&U says that a 13-pin towing socket has to be fully functional on a car with a towbar fitted and not in use...?

Bear in mind here that 7-pin sockets aren't testable at all.