M.O.T fail - continued use?

norseman · Dec 22, 2009

For years now I've always had my cars tested a month prior to the date, so if it passes I get a 13 month ticket, or if not I've time to get the work done without losing the use of the car. However, since the introduction of the 'computerised' MOT I've had different answers to the question of whether this is still legal. I can't find any specific answer on the Gov. web site. Can anyone throw any light on this?

Beast o Bodmin · Dec 22, 2009

MOT is not a cert of roadworthyness.

I drove my car for many months without and no hassle.

If argued in court you can say read the small print.You are insured cos you have to be to get an mot.

Do it when you get round to it and teell em to fucck off.

Beneagles · Dec 22, 2009

Guide to Using a Motor Vehicle Without an MOT Certificate

The Offence

For all vehicles registered for use on the road for 3 years or more there is a requirement to have passed an MOT test, which must be renewed annually. If you use or allow you vehicle to be used without a test certificate it is an offence.
The prosecution need to prove that the vehicle was used on the road. As long as they can prove this the burden falls on you to produce a valid test certificate.

Do I need an NIP (Notice of Intended Prosecution) for no MOT?

No, there is no requirement for an NIP for using a motor vehicle without an MOT certificate.

Punishment

Fine up to £1,000. If you did not have a certificate but then get one straight away this may go to reduce sentence, as the purpose behind the certificate is to show your vehicle is safe on the road.

Defences

These vary from showing that you were not aware that your vehicle was being used to challenging the police to prove the vehicle was being used. It is a defence to be taking the vehicle to or from an MOT test.

________________________
Technically you would still have a valid MOT certificate - last years - but depending on what the reason for failure is, then you could be charged with driving a vehicle in an unsafe condition (in my opinion)

Beast o Bodmin · Dec 22, 2009

Beneagles said:
Guide to Using a Motor Vehicle Without an MOT Certificate

The Offence

For all vehicles registered for use on the road for 3 years or more there is a requirement to have passed an MOT test, which must be renewed annually. If you use or allow you vehicle to be used without a test certificate it is an offence.
The prosecution need to prove that the vehicle was used on the road. As long as they can prove this the burden falls on you to produce a valid test certificate.

Do I need an NIP (Notice of Intended Prosecution) for no MOT?

No, there is no requirement for an NIP for using a motor vehicle without an MOT certificate.

Punishment

Fine up to £1,000. If you did not have a certificate but then get one straight away this may go to reduce sentence, as the purpose behind the certificate is to show your vehicle is safe on the road.

Defences

These vary from showing that you were not aware that your vehicle was being used to challenging the police to prove the vehicle was being used. It is a defence to be taking the vehicle to or from an MOT test.

________________________
Technically you would still have a valid MOT certificate - last years - but depending on what the reason for failure is, then you could be charged with driving a vehicle in an unsafe condition (in my opinion)

so what its bull ****e tax on cars.MOT is not a certificate of roadworthyness.....

read the print....

Beneagles · Dec 22, 2009

Not saying that it is....it only indicates that it was roadworthy at the time of testing...but...it is still a legal requirement to have one!

howardo · Dec 22, 2009

norseman said:
For years now I've always had my cars tested a month prior to the date, so if it passes I get a 13 month ticket, or if not I've time to get the work done without losing the use of the car. However, since the introduction of the 'computerised' MOT I've had different answers to the question of whether this is still legal. I can't find any specific answer on the Gov. web site. Can anyone throw any light on this?

You can still present your vehicle one month early for testing. It will tell you the earliest date you can do this on your current MOT certificate.

wanderlust4ever · Dec 22, 2009

Found this for yer
Your MOT certificate

Your MOT certificate confirms that your vehicle, at the time of its test, without dismantling it, met the minimum acceptable environmental and road safety standards required by law. It doesnt mean the vehicle is roadworthy for the life of the certificate and isnt a substitute for regular maintenance.

Your MOT test record

When your vehicle is tested at a testing station your test record will be entered on to a secure central database. Youll then be given either an A4 size MOT (pass) certificate or notification of failure. The certificate is your receipt for the MOT test and shows the information thats held on the database.

The MOT certificate only relates to the condition of testable items at the time of the test and should not be regarded as:

evidence of their condition at any other time
evidence of the general mechanical condition of the vehicle
evidence that the vehicle fully complies with all aspects of the law on vehicle construction and use

The certificate is no longer proof of an MOT and shouldnt be relied on as such. Only the computer record can prove a vehicle has a valid MOT. Youll also be given an Advisory Notice for any recommended repairs for the vehicle at the time of the test.

How to check the MOT on your vehicle Opens new window

When you can MOT your vehicle

You can renew your MOT up to one month before it expires without affecting your annual expiry date. You can find out when the earliest date to MOT your vehicle is by checking the front of the pass certificate.

Beast o Bodmin · Dec 22, 2009

wot ever.....

i dunt care i get it done when i can.if im busy for 6 months then so be it.

never had any trouble.Done 300 miles a day 6 days a week with no mot for 5 months.cameras overtakeing cop cars.

they cant do **** all.as its not a valid cert.You will win any court case if presented correctly.

Just ****in drive on and do it when ya need ye tax.

Beneagles · Dec 22, 2009

wanderlust4ever said:
You can renew your MOT up to one month before it expires without affecting your annual expiry date. You can find out when the earliest date to MOT your vehicle is by checking the front of the pass certificate.

Again, not totally clear...but certainly implies that failure within that month's overlap does not invalidate the existing MOT - and the very fact of there being an overlap would seem to indicate that the authorities permit continued use while outstanding items are taken care of.

baggyjim · Dec 22, 2009

But arguabbly you are driving a car with known defects if it does fail, and you carry on driving it with out repairing it ,have an accident, kill somebody . would like to see you defend that one in court bob:doh:

Beast o Bodmin · Dec 22, 2009

baggyjim said:
But arguabbly you are driving a car with known defects if it does fail, and you carry on driving it with out repairing it ,have an accident, kill somebody . would like to see you defend that one in court bob:doh:

...aaaah,i never failed a test...

howardo · Dec 22, 2009

baggyjim said:
But arguabbly you are driving a car with known defects if it does fail, and you carry on driving it with out repairing it ,have an accident, kill somebody . would like to see you defend that one in court bob:doh:

You could still produce an in date MOT certificate from last year so all your paperwork would be intact and legal. We all develop faults with our cars thoughout the year and repair them as and when depending on the nature of the fault, they are called running repairs. Common sense must be used, if it has failed due to faulty brakes then you wouldn't use it, but if it fails due to cracked windscreen then you would.

landybird · Dec 22, 2009

driving without a current valid MOT invalidates your insurance, regardless of whether the MOT is just legal robbery is besides the point

with everything being computerised now you will get caught sooner or later BoB!

as for the original question, i am sure i was told by my man at the garage that the car will be legal to drive as long as it didn't fail on something that would make it illegal, ie tyres.

Optimus Prime · Dec 22, 2009

as long as the fail sheet doesn't have the immortal words "in my opinion the vehicle is dangerous to drive because..."

think you might be on a sticky wicket then.

Beast o Bodmin · Dec 22, 2009

...oh mot officer?bugger i forgot.ill do it 9am and present if ok....

job done sorted.i never carry my documents either.none.

livers · Dec 22, 2009

Optimus Prime said:
as long as the fail sheet doesn't have the immortal words "in my opinion the vehicle is dangerous to drive because..."

think you might be on a sticky wicket then.

Don't they have to keep it off the road then. IE trailored away or fixed there. but they cant alow you to drive it away?

Missing Link · Dec 22, 2009

As has been pointed out all the MOT says is that the vehicle was roadworthy in the eyes of the law at the time of the test. If you are subsequently stopped and a defect is identified then the offence is to have a vehicle on the road in an unroadworthy state. By failing an MOT irrespective of the previous one being valid you have commited the offence.
Driving a vehicle without a valid MOT certificate is a separate administrative misdemenor as the vehicle could be fully roadworthy an able to pass an MOT. As for the insurance a number of Insurance companies require that an MOT has to be in force to be able to qualify for cover as that is their measure that the vehicle is fit to drive.
Incidentally driving a vehicle to an garage for the purpose of having an MOT test is not a defence. Recently I read of a case where somebody was doing just that in order to find out what it would fail on so they could repair the specific failure points. They were still prosecuted as the vehicle was unfit for the road.

gemsdad · Dec 23, 2009

Beast o Bodmin said:
...oh mot officer?bugger i forgot.ill do it 9am and present if ok....

job done sorted.i never carry my documents either.none.

they dont give presenters any more BoB,all done via their on board computer or via their radio.they can check whether it's insured or MOT'D,or even if you have any type of driving license in force.

norseman · Dec 23, 2009

Incidentally driving a vehicle to an garage for the purpose of having an MOT test is not a defence. Recently I read of a case where somebody was doing just that in order to find out what it would fail on so they could repair the specific failure points. They were still prosecuted as the vehicle was unfit for the road.[/quote]

I think you will find it is legal, provided that the test is pre-booked. I've recently done the same prior to selling a RRC that was on SORN to a friend, who (understandably) needed to know what would need doing. Had to pay £20 excess on my insurance as well even though the test station was just around the corner! Some may say 'what a wally' but when the penalies are now £200 fine & 6 points is it worth the risk? Anyway, thanks to all who replied to my original post.

Pikey · Dec 23, 2009

I think you will find it is legal, provided that the test is pre-booked. I've recently done the same prior to selling a RRC that was on SORN to a friend, who (understandably) needed to know what would need doing. Had to pay £20 excess on my insurance as well even though the test station was just around the corner! Some may say 'what a wally' but when the penalies are now £200 fine & 6 points is it worth the risk? Anyway, thanks to all who replied to my original post.

Driving to an Mot station only covers you for having no tax, In every other respect the vehicle must be roadworthy and safe to drive.

M.O.T fail - continued use?

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