Rules on MOT Failure

Fernendo321

Hi all

Hypothetically if my car failed it's MOT the garage isn't legally allowed to let me drive it away right?   But there is nothing to stop me sending a car transport company to collect it and load it onto their vehicle and take away right?   The garage can't stop me doing that unless I have any unpaid bills?   In the past I've used a dodgy broker that had all kinds of tactics to try and get money out of you which is why I ask this.

baser999

If the existing MOT is still in date I believe you can still drive it away, provided there are no dangerous issues. However not sure you can carry on using it on that existing certificate, the idea being you’re driving it home or elsewhere for repair.

Grey_Critic

The garage cannot stop you removing your property - they can ask you to sign to say that you are aware that the vehicle is an MOT fail and you take it away at your own risk.

Think how many cars fail the MOT and are taken away and fixed by the owner.

Was ince asked if we could provide MOT facilities for an inspection following a car that should not have passed, After the inspection and report prepared the owner drove the car away. We queried and were told that whilst the faults on the car should caused the vehicle it did in fact have an MOT so they could not stop him

victor2

Fernendo321 said:

Hi all

Hypothetically if my car failed it's MOT the garage isn't legally allowed to let me drive it away right?   But there is nothing to stop me sending a car transport company to collect it and load it onto their vehicle and take away right?   The garage can't stop me doing that unless I have any unpaid bills?   In the past I've used a dodgy broker that had all kinds of tactics to try and get money out of you which is why I ask this.

Depends what it fails on. This is what gov.uk say:

Driving a vehicle that’s failed
You can take your vehicle away if:

• your current MOT certificate is still valid

• no ‘dangerous’ problems were listed in the MOT

Otherwise, you’ll need to get it repaired before you can drive.

But I doubt if the garage can effectively hold the vehicle to ransom if you want to legally remove it.

facade

They can't stop you driving it away.

However, you are driving an unroadworthy vehicle (although exactly as unroadworthy as it was on the way to the test station) and any attempt at a defence or mitigation based on "not knowing" is a non-starter.

There is a conspiracy theory that says all MOT failures are immediately broadcast to the Police, and in the vanishingly unlikely circumstance that you actually encounter a Police car (when did you last see one?), alarms go off inside and they immediately stop you and you get prosecuted.

It is much more likely that you could be involved in an accident, and your insurance could use the failed MOT as an excuse to wheedle out of paying. (Even if the accident has no relation to the items that failed the MOT)

Up to you, if it fails on lights, wipers or emissions I'd risk it. If it fails spectacularly on dangerous corrosion, no brakes (unlikely as you'd have noticed that that brakes don't work) or suspension on the verge of falling apart it would be best to have it trailered home.

Grey_Critic

And still thousands of MOT failures are driven away for repairs - I used to know one MOT test station that did nothing but MOTs - they were used by several small garages tfor testing besides the public.

prowla

I've had a car fail MOT on tyres/lights/wipers, driven it away to get the offending bits replaced, and driven back to have it checked and collect the pass.

Mr.Generous

There is always the option to use another garage if this dodgy broker tries to get money out of you.

Fernendo321

baser999 said:

If the existing MOT is still in date I believe you can still drive it away, provided there are no dangerous issues. However not sure you can carry on using it on that existing certificate, the idea being you’re driving it home or elsewhere for repair.

Thanks for your reply.   The MOT isn't still in date.

victor2

Hypothetically of course. 

Stateofart

They can't stop you, nor would they care to.  Imagine the fuss they'd bring on themselves.