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    • jojo1974
    • By jojo1974 9th Apr 18, 9:36 PM
    • 49Posts
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    jojo1974
    Dealer and failed MOT
    • #1
    • 9th Apr 18, 9:36 PM
    Dealer and failed MOT 9th Apr 18 at 9:36 PM
    Hi

    Iím after some advice regarding a recent car purchase.

    We recently brought a car from an independent dealer. The MOT expired in September but they said that they would put a New Years MOT on it.

    When we collected the car we were told the paperwork for the new MOT was in the car. Anyway we drove it home and then found out the paperwork was actually a refusal of MOT and it had failed to pass. I shall be calling the garage tomorrow but want to be prepared.

    1. Have they broken the law as they said it would have a years MOG and doesnít? and 2. Because it had failed does that overwrite the previous MOT that expires in September? 3. Is the car technically not road worthy?
Page 2
    • Noree
    • By Noree 10th Apr 18, 11:36 PM
    • 108 Posts
    • 53 Thanks
    Noree
    With the failures being categorised, it can help the police. But nonetheless a failed MOT on the road prior to an MOT expiry can lead to further potential legal issues either way. If a seat belt has failed and someone is still sat in that seat using that belt, the consequences differ to that of a failure regarding a bulb.

    As mentioned, there is no intended changes with regards to what Tarambor said further up this thread. It!!!8217;s purely speculative at best.
    • AdrianC
    • By AdrianC 11th Apr 18, 7:51 AM
    • 17,395 Posts
    • 15,762 Thanks
    AdrianC
    With the failures being categorised, it can help the police.
    Originally posted by Noree
    It's over a decade now that the police have had the same access to MOT test information as they will have after this testing change...


    But nonetheless a failed MOT on the road prior to an MOT expiry can lead to further potential legal issues either way. If a seat belt has failed and someone is still sat in that seat using that belt, the consequences differ to that of a failure regarding a bulb.
    And what if that belt has been repaired, but the car not retested?
    What if that belt's duff, but the car's not been in for test since it failed?


    The issue there is not with the presence or absence of a test, but with the actual problem - the belt.
    • Noree
    • By Noree 12th Apr 18, 9:26 PM
    • 108 Posts
    • 53 Thanks
    Noree

    And what if that belt has been repaired, but the car not retested?
    What if that belt's duff, but the car's not been in for test since it failed?


    The issue there is not with the presence or absence of a test, but with the actual problem - the belt.
    Originally posted by AdrianC
    Itís a different matter if the repair has been carried out and thereís still time on the MOT. Itís pure negligence and ignorance to drive a vehicle in a knowingly unroadworthy state.

    Itís a shame that even with the dangerous deficiencies that are coming in, the car can still be driven away. This isnít the case in some other countries. I know thereíd be many downsides though as the cowboys of the trade would abuse their Ďpowerí.
    • onomatopoeia99
    • By onomatopoeia99 12th Apr 18, 10:20 PM
    • 4,195 Posts
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    onomatopoeia99
    Itís a different matter if the repair has been carried out and thereís still time on the MOT. Itís pure negligence and ignorance to drive a vehicle in a knowingly unroadworthy state.

    Itís a shame that even with the dangerous deficiencies that are coming in, the car can still be driven away. This isnít the case in some other countries. I know thereíd be many downsides though as the cowboys of the trade would abuse their Ďpowerí.
    Originally posted by Noree
    Council MOT places are "MOT only" and do not offer repairs. If you couldn't drive a failed vehicle away, they'd soon become chock-a-block with failed cars awaiting recovery.

    A small blow in an exhaust joint will be an MOT fail, but it's not dangerous and though the car is "unroadworthy" as it does not comply with C&U, it's hardly negligent or ignorant to drive it pending repair.
    INTP, nerd, libertarian and scifi geek.
    Home is where my books are.
    • AdrianC
    • By AdrianC 12th Apr 18, 10:32 PM
    • 17,395 Posts
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    AdrianC
    Itís a different matter if the repair has been carried out and thereís still time on the MOT.
    Originally posted by Noree
    It's not, because that's the heart of the "Does a fail invalidate the existing MOT" question.
    • Noree
    • By Noree 12th Apr 18, 10:34 PM
    • 108 Posts
    • 53 Thanks
    Noree
    It's not, because that's the heart of the "Does a fail invalidate the existing MOT" question.
    Originally posted by AdrianC
    Of course it doesn!!!8217;t invalidate the MOT. The unroadworthy matter depends on the failure, as I!!!8217;m sure you!!!8217;re aware.
    Last edited by Noree; 12-04-2018 at 10:41 PM.
    • Noree
    • By Noree 12th Apr 18, 10:38 PM
    • 108 Posts
    • 53 Thanks
    Noree
    A small blow in an exhaust joint will be an MOT fail, but it's not dangerous and though the car is "unroadworthy" as it does not comply with C&U, it's hardly negligent or ignorant to drive it pending repair.
    Originally posted by onomatopoeia99
    Indeed, a small exhaust blow would not be dangerous, however it wouldnt fail an MOT. A large exhaust blow would.

    Number plates can fail on many things and not be dangerous!
    • AdrianC
    • By AdrianC 12th Apr 18, 10:38 PM
    • 17,395 Posts
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    AdrianC
    But it doesnít invalidate the MOT.
    Originally posted by Noree
    You know that.
    I know that.
    But how often does it get asked? Come to that, how often has it been "Ooh, but the newspaper said..." lately, in the run-up to next month's test change? And what is this thread about...?
    • Noree
    • By Noree 12th Apr 18, 10:42 PM
    • 108 Posts
    • 53 Thanks
    Noree
    And what is this thread about...?
    Originally posted by AdrianC
    Best question Iíve seen on this thread. Canít answer that
    • marlot
    • By marlot 13th Apr 18, 7:14 AM
    • 3,428 Posts
    • 2,544 Thanks
    marlot
    Indeed, a small exhaust blow would not be dangerous, however it wouldnt fail an MOT. A large exhaust blow would.

    Number plates can fail on many things and not be dangerous!
    Originally posted by Noree
    The car would also fail if it had a spacesaver wheel fitted - even if the puncture happened on the way to the test station.
    • Noree
    • By Noree 13th Apr 18, 8:11 AM
    • 108 Posts
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    Noree
    The car would also fail if it had a spacesaver wheel fitted - even if the puncture happened on the way to the test station.
    Originally posted by marlot
    And then from May 20th it!!!8217;ll pass if both wheels on the same axle had a space saver. Pass again with 4 space savers fitted
    • marlot
    • By marlot 13th Apr 18, 8:54 AM
    • 3,428 Posts
    • 2,544 Thanks
    marlot
    And then from May 20th it!!!8217;ll pass if both wheels on the same axle had a space saver. Pass again with 4 space savers fitted
    Originally posted by Noree
    Ooh - this has just prompted me to have a look at the new (draft) manual. https://www.gov.uk/government/publications/mot-inspection-manual-for-class-3-4-5-and-7-vehicles

    As you say, no mention of space savers.

    There seems to be quite a measure of subjectivity between 'major' and 'dangerous'. I can see a return to what it was like when I first started motoring in the mid-eighties when various MOT stations had a reputation for being 'strict' or 'lenient'. Especially as 'dangerous' means that the car can't be driven away - so they have a captive customer.
    Last edited by marlot; 13-04-2018 at 9:05 AM.
    • Noree
    • By Noree 13th Apr 18, 9:10 AM
    • 108 Posts
    • 53 Thanks
    Noree
    It is going to be more subjective indeed!
    • Car 54
    • By Car 54 13th Apr 18, 9:20 AM
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    Car 54
    Ooh - this has just prompted me to have a look at the new (draft) manual. https://www.gov.uk/government/publications/mot-inspection-manual-for-class-3-4-5-and-7-vehicles

    As you say, no mention of space savers.

    There seems to be quite a measure of subjectivity between 'major' and 'dangerous'. I can see a return to what it was like when I first started motoring in the mid-eighties when various MOT stations had a reputation for being 'strict' or 'lenient'. Especially as 'dangerous' means that the car can't be driven away - so they have a captive customer.
    Originally posted by marlot
    What exactly can they (legally) do to stop the customer driving away?
    • tedted
    • By tedted 13th Apr 18, 9:23 AM
    • 143 Posts
    • 47 Thanks
    tedted
    What exactly can they (legally) do to stop the customer driving away?
    Originally posted by Car 54
    nothing that is legal
    • facade
    • By facade 13th Apr 18, 11:20 AM
    • 3,157 Posts
    • 1,659 Thanks
    facade
    And then from May 20th it!!!8217;ll pass if both wheels on the same axle had a space saver. Pass again with 4 space savers fitted
    Originally posted by Noree
    They could have simply made "suitable speed rating" apply to class 4 and stopped that.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
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