Query re the law and the MOT .

chris75 · 13th January 2012, 10:58

Can any of you good folks help me to settle an argument that developed in our local the other night ?
Suppose you take your car for it's MOT early , say two weeks, and it fails.

Now your car is officially unroadworthy , even though your old certificate still has two weeks to run . Your insurer will presumably be able able to use this to invalidate your cover , so you are on dodgy ground , but what is the legal position ? A traffic policeman driving along behind you is able to check your registration , address , validity of tax,insurance and MOT with his onboard wizardry , but will the fact that you have failed an early test show up ? Can he prosecute you for driving an unroadworthy car ?
I hasten to add that my MOT is fine, and this is a hypothetical question , but many of us had thought that going for the MOT early was a good idea to give you time to do any repairs whilst keeping the car on the road

Is this the case , or is it pointless ?

stevemac · 13th January 2012, 11:04

This has cropped up before, if I remember correctly. The consensus was that the original MOT was still valid, I think. This is crazy, of course.

oldcarguy · 13th January 2012, 11:06

Thats correct, your legal till your current MOT runs out.

topman · 13th January 2012, 11:07

'Can he prosecute you for driving an unroadworthy car ?'

If it is then yes, having an MoT doesn't stop you from being stopped and given points.

Jakg · 13th January 2012, 11:09

Quote:

Originally Posted by chris75

...

Irrespective of MOT, it's illegal to drive an "unroadworthy" car on the road - ie, if it has bald tyres, defective brakes etc.

However, some things (i.e. emissions) are required for an MOT (which you have to have), but do not make a car "unroadworthy".

Having failed an MOT does not make your existing MOT invalid - but if your cars unroadworthy, then you can't drive it on the road.

Contrary to popular belief, no MOT does *not* invalidate your insurance.

cabbers · 13th January 2012, 11:51

if you get your car tested early and it fails then your car is still valid under the old m.o.t until it runs out, but if you get pulled over by the police or vosa and they think your car is un-roadworthy then they can take the car from you and fine you.

my advice would be take your car to a local garage that is trust-worthy ask him to do a m.o.t pre-check and if he finds anything get it sorted before you put it in for a m.o.t

all the best
craig

Jakg · 13th January 2012, 12:08

Failing a pre-MOT and failing an actual MOT is exactly the same effectively.

VOSA have asked garages to do a proper MOT, where the car fails, THEN do a retest when it's all fixed so VOSA will know what cars often fail on.

COLVERT · 13th January 2012, 12:10

Quote:

Originally Posted by cabbers

if you get your car tested early and it fails then your car is still valid under the old m.o.t until it runs out, but if you get pulled over by the police or vosa and they think your car is un-roadworthy then they can take the car from you and fine you.

my advice would be take your car to a local garage that is trust-worthy ask him to do a m.o.t pre-check and if he finds anything get it sorted before you put it in for a m.o.t

all the best
craig

Good advice that makes all these questions unnecessary.

denis · 13th January 2012, 12:39

I think Jakg's first answer is the most practical and sensible. The police and VOSA are unlikely to take action against you or do an emissions check at the side of the road unless the vehicle is belching blue or black smoke. They will do you if your tyres or other bits are faulty for which the car shouldn't be on the road. You'd generally be OK up to the MOT expiry unless there was a major issue with actual roadworthiness.

ashleywood.ash · 13th January 2012, 12:43

it wont show up on police computers that you have been 2 weeks early and its failed. it will still show up as you having your current MOT. it does not say how long is left on it its simple it says has MOT and no MOT thats it.

as others have said you could have 10 months left on your MOT but if you get pulled and your car is not road worthy they will ticket / take it from you.

you can still drive for 2 weeks providing the fail points are not dangerous, i.e brakes, tyres, seatbelts etc.

13th January 2012, 10:58	#1
chris75 same car since 2005 2001 Rover 75 2.0 v6 Connoisseur Saloon Join Date: Nov 2006 Location: Ellesmere Port , Cheshire Posts: 3,811 Thanks: 379 Thanked 549 Times in 466 Posts	Query re the law and the MOT . Can any of you good folks help me to settle an argument that developed in our local the other night ? Suppose you take your car for it's MOT early , say two weeks, and it fails. Now your car is officially unroadworthy , even though your old certificate still has two weeks to run . Your insurer will presumably be able able to use this to invalidate your cover , so you are on dodgy ground , but what is the legal position ? A traffic policeman driving along behind you is able to check your registration , address , validity of tax,insurance and MOT with his onboard wizardry , but will the fact that you have failed an early test show up ? Can he prosecute you for driving an unroadworthy car ? I hasten to add that my MOT is fine, and this is a hypothetical question , but many of us had thought that going for the MOT early was a good idea to give you time to do any repairs whilst keeping the car on the road Is this the case , or is it pointless ? __________________ Who said it was simples ? Last edited by chris75; 13th January 2012 at 11:01..

13th January 2012, 11:04	#2
stevemac This is my second home Jaguar X Type 2.2D Estate Join Date: Jun 2007 Location: Farnborough Posts: 4,306 Thanks: 6 Thanked 13 Times in 6 Posts	This has cropped up before, if I remember correctly. The consensus was that the original MOT was still valid, I think. This is crazy, of course. __________________ • • • • • • • • Steve “People say nothing is impossible, but I do nothing every day.” Winnie-the-Pooh http://i303.photobucket.com/albums/n...5/twitter1.jpg

13th January 2012, 11:06	#3
oldcarguy Posted a thing or two Rover 75 Conn SE Tourer Join Date: Aug 2011 Location: Driffield Posts: 1,952 Thanks: 27 Thanked 151 Times in 125 Posts	Thats correct, your legal till your current MOT runs out.

13th January 2012, 11:07	#4
topman This is my second home MG ZT-T 190 Join Date: Jun 2009 Location: Lincolnshire Posts: 5,493 Thanks: 372 Thanked 647 Times in 534 Posts	'Can he prosecute you for driving an unroadworthy car ?' If it is then yes, having an MoT doesn't stop you from being stopped and given points.

13th January 2012, 11:51	#6
cabbers Retired 62-reg Suzuki SX4 SZ5 1.6i AWD / 07-reg Audi S3 2.0 T FSI Quattro Join Date: Jul 2011 Location: Darlaston Posts: 1,706 Thanks: 0 Thanked 0 Times in 0 Posts	if you get your car tested early and it fails then your car is still valid under the old m.o.t until it runs out, but if you get pulled over by the police or vosa and they think your car is un-roadworthy then they can take the car from you and fine you. my advice would be take your car to a local garage that is trust-worthy ask him to do a m.o.t pre-check and if he finds anything get it sorted before you put it in for a m.o.t all the best craig

13th January 2012, 12:08	#7
Jakg This is my second home N/A Join Date: Feb 2010 Location: Suffolk Posts: 6,867 Thanks: 0 Thanked 397 Times in 302 Posts	Failing a pre-MOT and failing an actual MOT is exactly the same effectively. VOSA have asked garages to do a proper MOT, where the car fails, THEN do a retest when it's all fixed so VOSA will know what cars often fail on.

13th January 2012, 12:39	#9
denis Gets stuck in 2004 MG-ZT CDTi 135 Saloon in TROPHY YELLOW + Synergy Two-wow and an Aussy import RAV 4 2.4L Join Date: Nov 2008 Location: Folkestone Posts: 784 Thanks: 4 Thanked 30 Times in 22 Posts	I think Jakg's first answer is the most practical and sensible. The police and VOSA are unlikely to take action against you or do an emissions check at the side of the road unless the vehicle is belching blue or black smoke. They will do you if your tyres or other bits are faulty for which the car shouldn't be on the road. You'd generally be OK up to the MOT expiry unless there was a major issue with actual roadworthiness.

13th January 2012, 12:43	#10
ashleywood.ash Loves to post ZT-T Join Date: Oct 2011 Location: Sheffield Posts: 475 Thanks: 0 Thanked 36 Times in 23 Posts	it wont show up on police computers that you have been 2 weeks early and its failed. it will still show up as you having your current MOT. it does not say how long is left on it its simple it says has MOT and no MOT thats it. as others have said you could have 10 months left on your MOT but if you get pulled and your car is not road worthy they will ticket / take it from you. you can still drive for 2 weeks providing the fail points are not dangerous, i.e brakes, tyres, seatbelts etc.