Can a garage tell you that your car has failed an MOT but still let you take it away?

annie0000 | 21:59 Wed 14th Mar 2012 | Motoring

29 Answers

as above and in this thread: http://www.theanswerb.../Question1115397.html

the Mot is not due until Monday but they told me on the phone that a fuel system component was leaking and that was an MOT fail, yet, they said it was okay for me to pick up the car and bring it back tomorrow - seems a bit fishy to me.

Bushes

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ChuckFickens

Yes, of course they can, how else would you get it fixed....

If they consider it dangerous to drive they will make a note of it and they must advise you not to drive it, but they have no powers to physically stop you driving it away (although if it really is dangerous they could call the police)

Maydup

You can drive the car until Monday when the current MOT runs out.

He'd have taken it off the road if it wasn't roadworthy, but a small fail just needs fixing in ordere to be given a new certificate to see you through the year ahead.

annie0000

Question Author

Hi Chuck, what I meant was, have they actually failed it or simply not passed it? It would get fixed as they are intending doing the work tomorrow, however I am intending taking it elsewhere for a independent check. Just wondered if it was legal to drive - they tell me it's a fuel leak so is that safe??......or is there actually not a fuel leak at all :/

ChuckFickens

It's still MOT'd until Monday, so still perfectly legal to drive and as I said, if they consider it dangerous to drive they would have informed of that.

And a minor fuel leak isn't always dangerous, a little bit of fuel seeping out nowhere near any sources of ignition isn't going to hurt anyone, if it is only a minor leak it would evaporate before it could do any harm.

annie0000

Question Author

Thanks chuck - that would make more sense then as there is no evidence of anything leaking and they said it would take an hour to find the leak (?!) so do you have any idea how they know it has one? or how much it would cost to fix?

welshlibranr

My mechanic takes my car for MOT, then if it fails, which it has the last twice, he takes it to his garage and does whatever jobs are needed, then takes it back the next day, when it passes with no further charge!......think there is a time limit on free retests, but not sure of the timescale!.........

ladybirder

The car has failed the MOT. It can now only be driven under certain conditions to certain places. See this link. Where you want to drive it would seem OK but be careful. Your fail will be on the national database.

http://www.direct.gov...ehicle/Mot/DG_4022108

Maydup

Are you using a new garage? You don't sound too happy with them, maybe its worth going somewhere else for a price and some advice.

When I take mine in he rings me to tell me whats wrong and hw much it will cosst. If I give him the go ahead, he fixes it of he can. But if it needs more time than he had booked that day or needs to order a part in, then he books it in on another day before the old MOT runs out .

Sounds like you have a minor leak which came up on testing the fuel pipes and not bad enough to drip or anything. They'll have to run more tests to find it but i can't guess the cost of that. Others might be able to.

annie0000

Question Author

thanks welsh. ladybirder - thanks for the link, they haven't given me a notice of fail so I think they haven't actually failed it, just not passed it.

ChuckFickens

This is what they check on the fuel system in an MOT

http://www.ukmot.com/6-7.asp#Text_top

So not sure how they could say they've found a leak but no know where it is, they don't perform a pressure test or anything like that on the fuel system.

annie0000

Question Author

Hmmm - that makes me even more suspicious chuck.

Just tried to check on line if there is a fail recorded - I gives me last years pass but says that there are more recent records but doesn't bring anything else up - I did a full history check and again I get last years pass and the same comment about more recent record.

annie0000

Question Author

thanks maidup, I have used them before, but didn't get a great feeling this time - for a few years previous to last year, I had to use the dealer as pasrt of my warranty - they were sh!t!! I went back to this place last year and felt they did an okay job, I felt the handbrake was a bit strange but the car was running really well after the service and my OH convinced me that theyd just tightened up the handbrake and that all was fine. Anyway, I only do about 3.5k miles a year so asked for an MOT an interim service this time. They raised the point about the fuel system leak and also mentioned an issue with the handbrake but that wasn't a fail. I told them that any issue with the handbrake was their's and they told me it would take an hour to diagnose - just didn't get a good feeling about it all, I wont be going back next year but wonder whether to go back with it tomorrow or not.

MASS1961

My car failed it's MOT last Saturday. It isn't due until 24th but I always take it early, just in case there is work to be done, it's 10 years old.
I have a "refusal of MOT certificate" but not a failure,not sure there is a difference?.
The garage told me I have 10 days to have it re tested. After that I can't drive it legally. Any way it is booked in this Saturday so all will be well by lunch time.

annie0000

Question Author

Did they actually give you something then Mass? They haven't given me any paperwork at all - just checked an it's Sunday that it expires - I am away in Italy from Monday onwards so don't actually need to drive the car but my OH would struggle to get it somewhere else while I am away.

ChuckFickens

OK... get one thing straight, you are perfectly entitled to drive the car until Monday, when the previous MOT runs out. at this point you still have a valid MOT on the car.

But I'd be taking it to another garage... they so far seem to have claimed they've found a problem on the fuel system but can't say where, which doesn't make sense as the checks required for an MOT are pretty basic. on top of that a problem with the handbrake shouldn't take an hour to diagnose, it's hardly a complex system!

annie0000

Question Author

I agree chuck - it apparently takes so long as they have to lift the carpets!!

annie0000

Question Author

Do I have to say that somewhere else has found a fault? I suspect that this will be logged somewhere anyway and i don't want to be caught in a lie or simply not divulging all info.

MASS1961

I have this "refusal of MOT" certificate which details the reasons for "failure"
so it has been booked in to sort these out.
This was at Halfords Autocentre which I have used before. Always provide an up front quote and never find anything they 'missed' earlier.
They've been very good for the last few years and you can also get an MOT at 50% discount if you book online for £27.50

annie0000

Question Author

Hmmm - we have a Halfords, might be worth a go - I prefer a local independent place normally (which is what these people are) I suspect like all places they are desperate for business so maybe chucking in a few extra issues. We are talking about a 4 year old Clio here with 15.5k miles on the clock, it really shouldn't be failing it's MOT.

annie0000

Question Author

nearest halfords auto centre is miles away, no can do.

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