Can you drive your car if it has failed a new MOT?

[RogerL]

On one forum there was a story from a guy that his car had failed on a spare wheel fault in the boot, but was told by the testing garage that if he took the spare wheel out of the car that he would be ok. to drive it , as a spare wheel was not compusory in a car!

The MoT tester shouldn't have considered the spare from a test pass/fail point of view but everyone would expect them to draw the owners attention to it if it's defective.

 

[Dustydog]

It is my contention, that if you submit an vehicle for an MOT test before the expirey of the old one, then effectivly the outcome of the most recent test supperceded the valididty of the origonal certificate. Thus if the vehicle fails the most recent test then that result will take precedence over the old one.

If you wish to represent the prosecution in court on that basis, that's your prerogative - but that's not how the actual law is worded - it's a requirement to have a valid MoT certificate and the law makes no provision that the earlier certificate becomes void on a subsequent fail.
You've every right to suggest that the law should be changed to reflect your ideas - but it hasn't yet.

So why does VOSA say the following on this point?If your current MOT is still in date
Here’s where it gets complicated.
To encourage drivers to keep on top of vehicle maintenance, the Vehicle and Operator Services Agency (VOSA) allows you to arrange a new MOT test up to one month before your current certificate ends.
In theory, this means that if it fails you’ve still got time to get quotes and get it fixed before the previous MOT actually expires. The earliest date that you can do this is printed on your existing certificate.
However, if the vehicle does fail the new MOT, you shouldn’t be driving it. Here’s why.
Although you’re not breaking the law by not having an MOT (because your old certificate is still valid, remember) you could be prosecuted for driving a defective vehicle, if stopped by the police.

Whether it’s a broken lightbulb or brake failure, you’d be guilty of driving a car that has known faults.

So, your best bet is to get it fixed ASAP and not to drive it in the meantime.
A VOSA spokesperson confirms: “Should you present your vehicle early and the vehicle fails the test, your original certificate still remains valid until its expiry date.
"But this does not mean that you are entitled to continue to use a defective vehicle.
“However, once the defects are repaired you can continue to use the vehicle until either it is retested or the original test certificate expires.
"Remember a current test certificate does not allow continued use of a defective vehicle on a public road.”
I think it was Seth who raised the Insurance issue. If you continue to drive your car knowing it has just failed the MOT you are quite likely to be refused an indemnity by your Insurers in the event of an accident .
It doe seem on balance John is right but perhaps his last sentence is slightly misleading regardinjg which one takes precedence. Ie fail one month early, Fix the fault the same day and still continue driving legally on th eoriginal MOT for the next 3 weeks. You don't need a retest but you do need to be sure your vehicle is roadworthy.

 

[RogerL]

However, if the vehicle does fail the new MOT, you shouldn’t be driving it. Here’s why.
Although you’re not breaking the law by not having an MOT (because your old certificate is still valid, remember) you could be prosecuted for driving a defective vehicle, if stopped by the police.

I think that says it all - "NOT breaking the law" and "COULD be prosecuted".

Failure of some parts of the MoT don't render a car unroadworthy - although clearly failure of most parts do - so it's not automatically an offence.

 

[NickinFrance]

I think that says it all - "NOT breaking the law" and "COULD be prosecuted".
Failure of some parts of the MoT don't render a car unroadworthy - although clearly failure of most parts do - so it's not automatically an offence.

Thank you, I've been saying that for days.
It would also help if Quotations could be attributed with a link to their source.

 

[Dustydog]

I think that says it all - "NOT breaking the law" and "COULD be prosecuted".
Failure of some parts of the MoT don't render a car unroadworthy - although clearly failure of most parts do - so it's not automatically an offence.

Thank you, I've been saying that for days.
It would also help if Quotations could be attributed with a link to their source.

http://www.confused.com/news-views/blogs/can-you-drive-your-car-if-it-has-failed-mot
Don't you just love Confused

 

[Gagakev]

Can you drive your car if it has failed a new MOT?
Why would you want too?
You know there is a problem.
Get it fixed.
Re-test
Back on road.
Simples.

 

[NickinFrance]

Furthermore the first thing they do is a PNC check for tax,mot and insurance. Having discovered then that the car has failed a test,

I've asked a Police Officer about PNC checks & he said "The the reasons for failing are not held on PNC, just whether an MOT is present and in date or not."

 

[RogerL]

I've asked a Police Officer about PNC checks & he said "The the reasons for failing are not held on PNC, just whether an MOT is present and in date or not."

Because that's all a PC needs to stop you and confiscate the car for scrapping - efficient justice - give us more!