Mot Query

[fruitsalad]

If I take my car for an MOT on the 18 Dec but it doesn't officially run out until the 15 Jan and it fails when will it have to be retested by?

[Baldric]

Er, 15th Jan.

[Islay]

Agree with Baldric

[Flonska]

Not sure if this is the most up to date position but this link would suggest that there may be a problem driving a car on the road when it has failed an MOT even if before the old certificate has expired:-

https://www.motoringresearch.com/news/can-you-drive-your-car-after-an-mot-fail-if-the-old-test-hasnt-expired/

[Prudie]

My first thought was also 15 Jan but what if they deemed it unroadworthy? Bald tyres for example?

[fruitsalad]

That's ok then I thought you had 2 weeks to have the retest

[Flonska]

This article (written earlier in 2017) may also be worth reading . . . .

https://www.thesun.co.uk/motors/3506420/the-mot-loophole-that-can-get-you-a-2500-fine-and-three-demerit-points-even-if-most-recent-test-is-valid/

[fruitsalad]

[Voltage]

My local garage does the MOT if it fails they ring me up with the problem and then fix it on the same day so car then passes it's MOT

[sunny-dave]

That's not quite true - if your car fails its MoT test you can drive it away - but you still could be prosecuted if it's "not roadworthy" - which is a nice grey area for the Police and lawyers to argue over.

So ... it depends on why the vehicle failed.

[fruitsalad]

Thanks for the link Flonska don't think it will fail on anything major just may be an advisory from last year's now I know I don't have to get retest done within the 2 weeks I can wait until after Xmas...Result!!

[Flonska]

This link (dated May 2017) appears to endorse the DVLA position:-

http://www.tyrepress.com/2017/05/dvla-warns-against-early-mot-testing/

"Drivers who choose to drive their vehicle after a failed MOT test are at risk of receiving a £2,500 fine, a driving ban and three penalty points, even if the old roadworthy certificate is still valid, according to the DVLA."

[Old_Geezer]

Why not take it for a pre MOT test first ?
I was always under the impression the car was non-roadworthy the moment it failed the actual test.

[fruitsalad]

Volty my garage is to busy to do the work the same day I usually book it in for a future date after the failure.

[New Judge]

"Drivers who choose to drive their vehicle after a failed MOT test are at risk of receiving a £2,500 fine, a driving ban and three penalty points,..."

That report is incorrect in at least one respect. A driver cannot receive both a ban and penalty points for the same single offence (unless he becomes subject to the "totting up" rules). It's one or the other. Furthermore, the chances of being banned for a single offence of non-roadworthyness are vanishingly unlikely. as is being fined anything approaching £2,500.

[Arrods]

Your insurance may also be invalid if you drive an 'unroadworthy' vehicle.

[New Judge]

"Your insurance may also be invalid if you drive an 'unroadworthy' vehicle."

Depending on your policy's terms & conditions, your insurer may refuse to meet claims for damage caused to your own vehicle. However, they cannot refuse cover for Third Party liabilities as required by the Road Traffic Act.

[fruitsalad]

Think I will probably rearrange the MOT until after Xmas so I could still be driving a 'unroadworthy' car but just not know it until its tested, but the ironic thing is it MOT 'd so it's legal.

[Arrods]

OK New Judge the insurance isn't invalid in the sense that you could otherwise be prosecuted for no insurance, but the insurer can still (a) refuse to pay out for own damage and, more importantly, (b) chase the policyholder for any sums it has been required to pay out because of the RTA requirements.

[wendilla]

Even though you have put you car in early for m o t and it fails why would you want to risk driving a car with your family in it if it is not roadworthy .you have probably been driving it for awhile not knowing it is faulty then it suddenly causes an accident .

[bhg481]

wendilla - exactly the point I was going to make. On top of that, is every MoT item a roadworthyness check from an insurance point of view? Your car might fail the MoT because of, say, emissions problems; would that make it unsafe to drive? I think an insurance company would struggle to refuse a payout on those grounds. Perhaps New Judge has an opinion on this.