Under what circumstances can an MOT tester not allow you to drive away?

anewman

Under what circumstances can an MOT tester not allow you to drive the tested vehicle away? I have tried searching online but not found anything. Just seen on another forum someone has been prevented from doing so for just a broken side light switch, which to me seems wrong and must be against the law.

Browntoa

a car that does not have a current MOT Certificate is not allowed to be used on the road except when going for repairs for a test, or to a prearranged test.

lisyloo

a car that does not have a current MOT Certificate is not allowed to be used on the road except when going for repairs for a test, or to a prearranged test.

You are quite right, but if the customer wants to break the law what rights do the garage have to impound the vehicle or prevent the person taking it.
Obviously they have a duty to advise the customer but where does that duty stop.

I am not a lawyer but I'd say their obligation was to advise the customer in the strongest possible terms to cover their own liability but that they had no rights to impound any vehicle or stop a driver driving it away.
I think someone would be crazy not to heed their advice given the safety implications.

anewman

But if you have just taken your car for an MOT before the expiry date of the MOT, then it still has a current MOT certificate, but has a fail certificate with things to put right to get the new MOT. I also understand that driving away from a test/repair is legal?

Also a broken sidelight switch isn't going to kill anyone unless it's dark.

LandyAndy

From the testers manual

Dangerous Defects

If in the opinion of the NT the vehicle has a dangerous defect this must be recorded In box C of the VT30 or In box C of the VT32 as appropriate.
Dangerous defects must be clearly explained to the vehicle presenter.

Other Defects
It Is considered best practice to advise the vehicle presenter of:
. any items which are near to, but which have not yet reached the point of test failure
. any peculiarities of the vehicle identified during the inspection
. any defects on non-testable items which are found during the Inspection procedure.

These defects should be recorded on the appropriate documentation

So it looks like they must note them but can't do anything else.

Wig

They can't stop you from driving away IMHO,

If he wants to be totally legal driving his car home (in the daylight hours), all he has to do is get some black gaffer tape, and tape over the front headlamps and rear tail lights. Also if he does this they will have to issue him with an MOT pass :rotfl: within 24 hours of the fail there should be no extra fees for the pass.

Happychappy

An MOT test station has no right in law to impound a vehicle, no matter how dangerous the defect they are not impowered to detain or impound, only the police and VOSA can impose a vehicle prohibition.

Conor_3

Happychappy wrote: »

An MOT test station has no right in law to impound a vehicle, no matter how dangerous the defect they are not impowered to detain or impound, only the police and VOSA can impose a vehicle prohibition.

Exactly however if they fill in section D and you drive it, you could find yourself in deep trouble even though the MOT is still valid.

Section D faults would include..

Absolutely shot ball joints about to fail, split brake pipes - serious things.

hartcjhart

if the car fails you are allowed to drive it to a place that will do the repairs(own house incl)

as said the mot station cannot impound the car however dangerous BUT can ask the police to attend and get them to impound it if they think that the customer is likely to ignore their advice and attempt to drive it,

moonrakerz

hartcjhart wrote: »

if the car fails you are allowed to drive it to a place that will do the repairs(own house incl)

Provided that is pre-arranged !

http://www.askthe.police.uk/content/Q360.htm

zeon999

As already said by other they carnt stop you from taking the vehicle they have no legal power in that sence.

The worst the garage can do is ring the police and slow you down in the hope of catching you. Now if it is a dangerous defect like brakes, suspension/steering or tyres then this is likely to happen and the police will thank the grage for telling them but if it is something daft they are going to simpley annoy the police for wasting their time.