M.o.t Certificate

[samsong7]

The following question arose in the pub last night. From a legal point of view, If you take your car for an M.O.T. test 2 weeks before the certificate expires and it fails, what offence (if any) would be committed?
You still have two weeks left before your certificate expires, so you cannot be charged with not having a current test certificate, but could you be charged with having an un roadworthy car?.
As you already have a current certificate you would still be able to present it to the police if needed.
The DVLA computer in Swansea will show that the car has an MOT, so what would be the outcome??

[kempie]

The MOT has never been proof that a vehicle is completely roadworthy and many drivers have been found guilty of driving an unroadworthy car while possessing a valid MOT "certificate". If a car is being driven in an unroadworthy condition the existence of a valid MOT "certificate" is largely irrelevant.

The recent change to MOT computerisation means the DVLA database now shows all MOT failures recorded against your car even when an unexpired pass "certificate" is still in force. I have placed certificate in quotes because computerisation has now rendered the status of the A4 sheet of paper issued by MOT testers to that of a receipt only. The only legal proof of an MOT pass exists on the DVLA database.

[LAW_DROP-OUT]

as you say although the car , failed its MOT , the existing MOT which passed over 11 mopnths ago..... should still keep you legal MOT wise.... I dont think the Police data base , wopuld have that information , that your car failed an MOT test , ...... - I was once stopped in City of London Police.... in a car , which I was unable to produce an MOT , it was insured the car ( although a you know , in the event of a claim , no MOT on a car , may make the insurance claim invalid ) ...... as i was saying i didnt produce an MOT , an some weeks later , receieved a standard letter , telling me that they were not going to prosecute - but advised me to comply with MOT regulations in future..... ghad it gone to court i could have been fine �60-�100 , plus �40 quid court costs......... --- althopugh there is isnt any punishment regarding POINT ENDORSEMENT - on Driving licence ,,,, for driving with out current MOT,.,,,, unless thing s have changed .... ~I will Add the incident concerning me was well before computerised data base for MOT - in 1997.....

[samsong7]

Thanks for your reply kempie.
It was just a general discussion we were having as I had just taken my car for the MOT and, as it passedthe MOT test it meant that my test certificate again shows that it expires in almost 13 months time. We were talking about things like, if it had failed on something simple, like damaged wiper blades and a couple of blown bulbs, would it be deemed to be unroadworthy as an MOT failure, or would it be OK to drive legally, as the expiring certificate still had a month to run. It was actually a good debating point !!

[samsong7]

kempie, to follow on from my previous message, the answer I am after is not about driving with split wiper blades and blown bulbs, which is obviously wrong, but whether or not you could be charged with not having a current MOT certificate. i.e. would a failed MOT cancel out the MOT certificate that still had a month left to run??

[kempie]

Because the MOT is not really a full test of roadworthiness a subsequent failure does not invalidate an unexpired MOT pass. Regardless of the condition of the car, you cannot be charged with the "document" offence if you physically possess an unexpired MOT test pass.

It is an offence to drive a car with any of its mandatory lights not in working order. The police could pull you if they notice the defect and would probably issue you a Vehicle Defect Rectification Scheme notice (& HO/RT/1 "producer") and instruct you to get it repaired. The MOT is irrelevant to a "Construction and Use" offence.

[samsong7]

What can I say....Another top rated answer from kempie.... If you had been in the pub with us last night it would have been sorted in no time !
Thanks again

[LAW_DROP-OUT]

good answers there ? ..... "vehicle defects directive " ,,,is useful for a motorist who gets stopped , and fault(s) , are noted by the Officer,,, the motorist gets 7 days to get the defects repaired by an MOT station and stamped by the mot ,,,,station.... not sure if mnay Police forces still deploy this,,,, i had this happen to me once .....and instead of having the defects repaired within 7 days...... I notyfied the "said constabulary2 within 28 days , advising them that "I had scrapped the vehicle" ,,, by stating this , i was exempt from any "prosecution" .... THE CAR DID NOT END UP IN THE CRUSHER,,,,,,, I KEPT USING IT ON THE ROAD FOR ABOUT 6 MORE MONTHS,,,,,, (this was in 1991 )....