any make / model - new mot law 2016 be warned - bucca

there seems to be very little discussion about the new mot law that changed in feb this year where once you submit your car for a mot and it fails the car is put on the data base as unroad worthy and liable to a fine if driven, even with the existing mot not running out for a couple of weeks.

this happened to me yesterday put car in main dealer 2 weeks early for a service and mot ( had to be serviced at main dealer due to life time warranty vauxhall) then it failed. thought i would have 2 weeks to fix myself at leisure but no it had to be fixed there and then other wise im liable to fine if caught driving so had no choice but to pay, feel totaly stitched up.

will mot at back street garage from now on!!

any thoughts as this hasnt been publicised very well

be warned!!

any make / model - new mot law 2016 be warned - RT

I think you were stitched up by the main dealer - it's true that a MoT fail shows on the database as soon as it's processed but you're describing the equivalent of the old "red ticket" where a car couldn't be driven away from a MoT testing station if the tester considered it dangerous, ie in much worse condition than "unroadworthy" or simply technically illegal.

I'd assume the lack of publicity is because it isn't true - but I'm not an authority on MoT law.

any make / model - new mot law 2016 be warned - Bromptonaut

There's been alot of speculation on this and some inconsistency in the messages given out by the Driving and Vehicle Standards Agency.

Current line is that you can drive your car away if it's failed with time still left on previous MoT:

www.gov.uk/getting-an-mot/after-the-test

BUT If failure is on points that affect roadworthiness eg worn steering or defective brakes then an offence will be comitted.

If OTOH fail was for bulbs or such like then you're OK.

EDIT: Agree with RT.

Edited by Bromptonaut on 17/09/2016 at 11:38

any make / model - new mot law 2016 be warned - Wackyracer

The government website seems to contradict itself.

Driving a vehicle that’s failed

You can take your vehicle away if your MOT certificate is still valid.

If your MOT has run out you can take your vehicle to:

  • have the failed defects fixed
  • a pre-arranged MOT test appointment

In both cases, your vehicle still needs to meet the minimum standards ofroadworthiness at all times or you can be fined.

any make / model - new mot law 2016 be warned - SLO76
The confusion is understandable. The DVSA altered their guidelines to state that “You must not drive the vehicle on the road if it fails the test, even if the MOT hasn’t run out.”

However they later changed this on their website to "You can take your vehicle away if your MOT certificate is still valid.” Obviously a rethink to stop customers from being unable to shop around for repair quotes. Though I always have the mot done at a different garage from the one that carries out the work to avoid any temptation to sneakily gain work by failing it without just cause. Mot's are a racket. Avoid any garages advertising cut price mots, they're just trying to drum up work.

Beware, though – if you do drive your car away it is technically unroadworthy. If you were to be caught driving a dangerous vehicle, you could be prosecuted – and you definitely can’t plead ignorance if you have an MoT fail sheet informing you of this.

Many years back my dads Merc C180 failed its mot on emissions at the local main dealer who told him he needed a new cataylitic converter at the guts of £1,000. Knowing full well they had simply clocked the aftermarket cat fitted not long back and seen a wee chance to rip him off I took the car straight to a small local mot station who passed the car with flying colours. Absolute gits! They lost any future business from our family and plenty of others I told the story to over the years.
any make / model - new mot law 2016 be warned - daveyjp
My MOT tester charges a cut price of £40. Only time he has failed any car I have sent there is for headlamp alignment. Fixed FOC.
any make / model - new mot law 2016 be warned - NARU
...Beware, though – if you do drive your car away it is technically unroadworthy...
.

Not necessarily.

An example would be the use of a space saver. Legal on the road, but not for an MOT.

any make / model - new mot law 2016 be warned - bucca

yes but its still on data base as a fail,

need to put car in for a pre- mot test before the officilal test

yet more money!!

any make / model - new mot law 2016 be warned - Galaxy

Driving a car home after it's failed an MOT has always been a bit of a grey area, even before the days of computerised tests. However, at the end of the day, you have to look at the situation in practical terms.

Bucca has quite a good answer, really, in suggesting a pre-MOT test for which nothing will be officially recorded, thought this would, no doubt, involve extra cost and inconvenience.

Are police cars regularly parked outside MOT testing stations to stop cars which have just failed their MOT? Well, actually, no, they aren't!

I don't think there will ever be an acceptable answer to the driving home after a failed MOT test question. The only 100% perfect answer would be that, after any car had failed, it had to be transported back to a place of repair or the owners home on the back of a transporter! I don't think anyone would really want this to be introduced, I myself certainly wouldn't.

Mind you, I tend not to do very much in the line of repairing cars these days, anyway. Any car of mine that fails the MOT test will just be left at the garage these days with the instructions "Please fix it!"

any make / model - new mot law 2016 be warned - Engineer Andy

yes but its still on data base as a fail,

need to put car in for a pre- mot test before the officilal test

yet more money!!

I don't see the problem in an MOT fail appearing on the database - sometimes failure cannot be spotted during previous services/MOTs or on the road during the year, and as long as they've been rectified, there's no issue. Older cars will, inevitably (unless you spend a small fortune on maintenance) go wrong from time to time, parts will fail.

That said, where faults are listed over more than one year, or that SHOULD be obvious to owners (e.g. serious tyre, light or windscreen wiper defects) which then fail rightly point to an owner who, for whatever reason, cannot be bothered to effectively maintain their car. Again, I see no problem in this information being made available to potential buyers.

Before the recession and the introduction of fully computerised MOTs (during the manufacturers' UK 'good times' when prices of cars were still high compared to the rest of Europe [up to late 90s/early 2000s]), my old Nissan Micra's local main dealer always did a pre-MOT inspection during the service (I always have them done at the same time for this reason), so that any issues could be found and remedied before the car was MOTed following its service.

Sadly, with the introdution of the computerised, 'automated' MOT and latterly with tighter margins at dealerships, this could no longer be done, and lo and behold the car failed an MOT. I knew then it was time to part company with the car (too many expensive issues worth fixing compared to its worth, especially as one was structural). Amazingly, after PXing it (I told the truth about everything), it was sold on and stayed on the road for about 3-4 years.

any make / model - new mot law 2016 be warned - NARU

yes but its still on data base as a fail,

need to put car in for a pre- mot test before the officilal test

yet more money!!

Why would you need to do that?

The penalty for no MOT is a fine but no points (ie. not that serious). But even that doesn't apply if the old MOT still covers the car.

If the MOT discovers somethign serious, and the car is genuinely no longer roadworthy then that's a different case - you commited an offence driving to the MOT (Ignorance is not an effective excuse), and you'd be committing an offence driving away - but that's nothing to do with its MOT status.

any make / model - new mot law 2016 be warned - RT

yes but its still on data base as a fail,

need to put car in for a pre- mot test before the officilal test

yet more money!!

Why would you need to do that?

The penalty for no MOT is a fine but no points (ie. not that serious). But even that doesn't apply if the old MOT still covers the car.

If the MOT discovers somethign serious, and the car is genuinely no longer roadworthy then that's a different case - you commited an offence driving to the MOT (Ignorance is not an effective excuse), and you'd be committing an offence driving away - but that's nothing to do with its MOT status.

The MoT history is now visible to prospective buyers - so a Fail followed by a Pass looks worse than straight Pass each year.

any make / model - new mot law 2016 be warned - colino

Quite simple, vote with your feet. The garage point blank lied to you to coerce you into doing the work there and then.

any make / model - new mot law 2016 be warned - martint123

ref driving home after failing an MOT.

There are two possible offences.

(1) Driving without an MOT - the previous MOT is still valid until expired so this does not apply (except when the DVLA make a mess of the wording on their web site!).

(2) Driving an unroadworthy vehicle - this may apply but is dependant on what is wrong with the vehicle. i.e. bald tyre = bang to rights. Failing rear seat belt = no problem if no passenger sat there.

any make / model - new mot law 2016 be warned - focussed

Not many things are easy or less complicated than the UK in France when it comes to motoring matters - but their MOT's are much less stressful.( called Controle Technique)

1. For a car it's every two years after the fourth year from new.

2. The CT inspection stations are not garages - they are not allowed to do repairs.

3. If your car fails the inspection you have 8 weeks to repair it before submitting it for a minor retest on the items that failed.

(Why this is not allowed in the UK I have no idea)

4 Even if it fails you can legally drive it on the road as long as you can produce the fail certificate showing that you have had it tested ( as long as it not a red ticket fail - rotten chassis - dangerous tyres - brakes not working etc.)

Looking at the nonsense the DVLA come out with, you do wonder sometimes if they are trying to make the motorist's life as difficult as possible!

any make / model - new mot law 2016 be warned - Wackyracer

I wished the UK did have the same approach as the French with regards to this. At least in France and Spain (maybe other countries) the test centres are all singing from the same hymn sheet and have no agenda to pass or fail a car.

I've found in the UK there are some MOT inspectors that like to make up the rules as they go along.

any make / model - new mot law 2016 be warned - Gibbo_Wirral

I've found in the UK there are some MOT inspectors that like to make up the rules as they go along.

Yep, he's usually called Hal Ford. :-)

any make / model - new mot law 2016 be warned - Wackyracer

I've found in the UK there are some MOT inspectors that like to make up the rules as they go along.

Yep, he's usually called Hal Ford. :-)

I've tried many MOT centres, with varying degrees of stupid comments or failure points.

1966 car failing on the fog light not working(didn't even have a fog light fitted as not required by law). Same car also failing on not showing a chassis plate where the 'inspector' thought it should be.

Advisory for a 'worn' CV boot on the Astra as it showed clean areas where the convolution had touched and wiped off the dirt.

Advisory for play in inner track rod end that turned out to be a loose pinch bolt on the steering column to rack.

I'm all for MOT testing and I'd be happy to have advisories or failures if they were really valid points and not just someones own personal thoughts or opinions, rather than what the MOT testers manual stipulates.

any make / model - new mot law 2016 be warned - focussed

Well - forewarned is forearmed - just access the MOT testers manual, it's in the public forum here:-

www.gov.uk/government/uploads/system/uploads/attac...f

Read this and you know as much as they do (in some cases more because a lot of them don't seem to have read it).