103 replies to this topic

[spiguy]

After a fail, you can still drive your car back to it's normal place of store, be it your drive or a lock up garage. What you can't do is drive it to Tesco's and do your weekly shopping.

 

But I thought the regs stated that you could drive the car to a place of repair, which can include your home - the implication being that you are taking it onwards in order to repair it. I wouldn't think that would include just driving it home. Admittedly though I can't see how anyone could prove either way that your home was or was not a place of repair - " Show me your screwdrivers sir" "Erm, I have a hammer, does that count?"

 

Don't suppose it matters though, as regardless of what the MOT regs say, it would be down to the police to decide - at any time not just when returning from an MOT, passed or failed - if your car was unroadworthy.

[Guess-Works.com]

I have asked VOSA directly for clarification.

[govig]

Here is my brother in law's opinion. His qualification is that he is a current DVSA (was VOSA) inspector:

 

You can legally drive your car to and from a test station irrespective of whether it has a current test (so a fail would be included in this) as long as: 

 

1) The test was pre-booked.

2) You were going straight there from where you keep your car or a ferry port if driving from outside the UK* 

3) Nothing revealed in the test could be regarded as dangerous.**

 

* Strangely enough it no longer has to be the nearest test station but you are not allowed to, say, go shopping on the way

 

** The tester is obliged to make you aware of anything like this post-test but if there is any doubt with something trivial like a headlight out as it is going dusk, you cannot rely on the 'but I'm just driving home from a fail' rule to avoid a penalty.

 

Hope this helps everyone but as always, the police are the final arbiters and their decision as to whether an offence had been committed would be unlikely to be based on one criterion but if it's clearly serious enough it might well be.

Edited by govig, 10 October 2015 - 07:44 AM.

[Guess-Works.com]

All of the above is still true....

 

The whole topic is not about when and where can you drive a vehicle which does not have an MOT, but rather if your car fails an MOT, an existing valid MOT certificate becomes null and void. So the potential is to drive into an MOT test centre with upto 4 weeks remaining on a valid MOT, and leave  1 hour later with no MOT because it has failed.

 

My communication has made progress... Those in charge of the Government website information are not aware of any change in policy, I'm waiting for DVSA (Formerly VOSA) clarification.

[CityEPete]

What is an MOT?

[govig]

This is leading to a discussion about semantics which are rarely helpful. Having read the whole thread, different posters are asking different questions and I'd hoped that my question to the man with applicable knowledge would cover the majority of those.

 

If any particular posters point is "can I drive it home after a fail", irrespective of whether it previously had a current test, then the the contents of #63 would seem to apply if home is where it is to be repaired.

 

If any particular poster's point is "can I rely on the expiry of my old MOT to over-rule the latest information" then the answer would appear to be no.

 

That latter position is entirely reasonable and the old wording and position seem to be a bit daft. Surely it can be appreciated that the new test must over-rule any decision that was taken up to 364 days ago. Let's take an example of a test done in November 2014 with a pass. The owner elects to have the test done today a month early and it fails with a headlight out. Does anyone on here think it would be reasonable to be allowed to drive around with one headlight operative until November 2015? 

 

 

PS Great website guess-works

[govig]

 

What is an MOT? 

 

Aye Pete, one wonders how many pre 60 vehicles are driving around that aren't as apparently as good as that moggy.

[dave1010]

Looking at the amount of cars with lights out nowadays I don't think people care if lights work or not! Before you say anything I know the light was just an example :). I'm still going with my 365 day mot regardless if it fails 2 weeks before the present one expires, I'm on average wage and can't afford a new car so have to drive older ones, all these new car legislations about MOT's,emissions, bodywork etc are aimed at the poorer working class, middle class people who change the laws don't care as they change they're cars before the mot is due, poor get poorer etc......

Edited by dave1010, 10 October 2015 - 09:31 AM.

[Guess-Works.com]

If you read on other forums, motoring sites and other trade related media, there is a total lack of communication of this alteration...

Since the MOT was introduced, a valid certificate is valid until it's expiry date, irrespective of any test which is performed prior to that expiry..

 

An example I read was from a Garage which informs their customers 5 weeks before their MOT expiry that it is due, the customer would then book an MOT within the 4 week grace period to retain the anniversary of the MOT. If that car failed for what ever reason, it would then not be allowed to be driven on the road, other than under the allowances mentioned above. There may be instances where a part which is required is not available or there is no slots for repair or retest within an reasonable amount of time.. That then renders the customer with a vehicle which cannot be driven on the road.. The solution is then to perform a pre-MOT, essentially perform the MOT without logging on to the system, this then involves additional cost to the customer possible at exaggerated hourly rates, as there is a maximum charge for an MOT, but as it is not an MOT, there is no maximum. Then any repair necessary repair work can be carried out, and the MOT performed for real ( and it will need to be performed it's not just a tick in the box ) and who's to say it passes then ??

I'm waiting for the DVSA to actually cough up the real information.

[CityEPete]

 

 

What is an MOT? 

 

Aye Pete, one wonders how many pre 60 vehicles are driving around that aren't as apparently as good as that moggy.

 

The funny (daft) thing is I went to the NEC classic car show in that with 4 friends in November last year, since then I have found some serious rot and it is awaiting some serious welding sessions all of which has appeared since its last MOT a few years ago. Luckily I have found it being a careful owner and I wont drive it until it is done but not everyone will and if I sold it as a project you could drive it home to save trailer fees as it runs like a swiss watch. Daft rule really.

 

And back to the headlight, as we know new cars drive around for nearly 3 years if they are company cars half the time, that is being increased to 4 so expect more motorcycles coming the other way until they get too close some time soon!

[pusb]

If you read on other forums, motoring sites and other trade related media, there is a total lack of communication of this alteration...

Since the MOT was introduced, a valid certificate is valid until it's expiry date, irrespective of any test which is performed prior to that expiry..

 

An example I read was from a Garage which informs their customers 5 weeks before their MOT expiry that it is due, the customer would then book an MOT within the 4 week grace period to retain the anniversary of the MOT. If that car failed for what ever reason, it would then not be allowed to be driven on the road, other than under the allowances mentioned above. There may be instances where a part which is required is not available or there is no slots for repair or retest within an reasonable amount of time.. That then renders the customer with a vehicle which cannot be driven on the road.. The solution is then to perform a pre-MOT, essentially perform the MOT without logging on to the system, this then involves additional cost to the customer possible at exaggerated hourly rates, as there is a maximum charge for an MOT, but as it is not an MOT, there is no maximum. Then any repair necessary repair work can be carried out, and the MOT performed for real ( and it will need to be performed it's not just a tick in the box ) and who's to say it passes then ??

I'm waiting for the DVSA to actually cough up the real information.

 

Just so I understand this then, if your car fails, you can drive it home, but you cant then take it somewhere to be repaired?

[nicklouse]

If you read on other forums, motoring sites and other trade related media, there is a total lack of communication of this alteration...
Since the MOT was introduced, a valid certificate is valid until it's expiry date, irrespective of any test which is performed prior to that expiry..
 
An example I read was from a Garage which informs their customers 5 weeks before their MOT expiry that it is due, the customer would then book an MOT within the 4 week grace period to retain the anniversary of the MOT. If that car failed for what ever reason, it would then not be allowed to be driven on the road, other than under the allowances mentioned above. There may be instances where a part which is required is not available or there is no slots for repair or retest within an reasonable amount of time.. That then renders the customer with a vehicle which cannot be driven on the road.. The solution is then to perform a pre-MOT, essentially perform the MOT without logging on to the system, this then involves additional cost to the customer possible at exaggerated hourly rates, as there is a maximum charge for an MOT, but as it is not an MOT, there is no maximum. Then any repair necessary repair work can be carried out, and the MOT performed for real ( and it will need to be performed it's not just a tick in the box ) and who's to say it passes then ??
I'm waiting for the DVSA to actually cough up the real information.

 
Just so I understand this then, if your car fails, you can drive it home, but you cant then take it somewhere to be repaired?

No you can. But it seems that your MOT is no longer valid so you can not continue to use your car as normal.

And it is this that is against the norm that the MOT is valid until it's expiry date.

[govig]

Just to add..... I've just been informed that a DVSA inspector can effectively cancel your MOT at any time should a roadside inspection reveal something bad enough. If a 'prohibition order' is issued, you have to trailer it away from the inspection site (eg the lay by they might be using) and you can't use the vehicle until it has been re-tested. I understand there is even the opportunity to impose a time limit to move it without incurring a fee. Apparently that has always been the case and seems much more draconian that this new effective cancellation of a test a year ago by failure of a recent one.

 

That would question the stance on this thread that a test has always been valid for a year no matter what. There may well have been inadequate discussion about this change but it does seem to be a reasonable change given our litigious world where every mishap (and whatever lead up to it) is someone's fault. 

 

Edit: And.... you can get a pass supposedly valid for a year only to have DVSA re-check it (to keep an eye on the testing station and the quality of their testing) and fail it, effectively cancelling that new MOT. This option is not new. Apparently they can even ask the DVLA suspend your vehicle reg if, say, modifications discussed elsewhere on this forum are excessive. 

Edited by govig, 10 October 2015 - 09:35 PM.

[Cooperman]

I own 50% of an aircraft which is on the British Civil Register. If I have my annual Certificate of Airworthiness inspection carried out before the current one expires and it fails, then I cannot fly it again until the fault is repaired. If an aircraft is at a different facility from the place where it would normally be repaired, it cannot be flown to that different location.

That is more restrictive than an MoT where the vehicle may be driven to home, or a place of repair, then back to the testing station for another pre-booked test.

[cambiker71]

Here you go the actual situation..
This is nothing new.
If your car fails it's test the certificate is NOT invalidated. But, your car is now unroadworthy because it has failed to meet the MINIMUM standards of the MOT test.
The old pre printed VT30 fail sheets had written on the back explaining the fact that you can now drive it to wherever to get it repaired etc etc but could still be prosecuted for driving an unroadworthy vehicle. This was clarified for the uninformed. It has always been the case that the vehicle must be roadworthy at all times not just the MOT tests day.
I repeat, your certificate is not invalidated.
If you get the repairs done to MOT standard you're good to go so long as the MOT is still within its expiry date without retest but you'd want to make sure you have proof you have had it repaired or get it retested, In which case any time left will be added on to the new certificate, up to a calendar month.
The fact that somebody has now reworded the rules doesn't change the validity of the certificates expiry date, the rules have just been clarified.

Edited by cambiker71, 10 October 2015 - 09:46 PM.