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Chat Area => General Car Chat => Topic started by: Osprey on 29 July 2011, 18:15:13

Title: Legal to drive a refused MoT?
Post by: Osprey on 29 July 2011, 18:15:13
As above - is it legal to drive a car that has been refused an MoT if it still has time left on its old ticket?

My younger daughter has been offered a scrap car for beer money, with six months of MoT still left.  She is proposing to put it through an MoT now just to get an idea of any safety issues that need to be fixed.  She wants to know if she can still drive it if it fails on air freshener or the like. 
Title: Re: Legal to drive a refused MoT?
Post by: albitz on 29 July 2011, 18:16:37
I dont think so.New MOT test cancels out the previous one afaIK.
Title: Re: Legal to drive a refused MoT?
Post by: Jimbob on 29 July 2011, 18:34:40
there are 2 varietys of fail...

1 its quite legal to drive home on, regardless of ticket length left - could have already expired and you took it for a test - you have to get it home / place of repair  :y

the other means trailer time....quite unusal I beleive.
Title: Re: Legal to drive a refused MoT?
Post by: belldarr on 29 July 2011, 19:32:21
I asked about this when I took mine for an MOT a couple of months ago  - incredibly the old MOT is still valid if it still has time to run if the car fails the new MOT.

Darren
Title: Re: Legal to drive a refused MoT?
Post by: hotel21 on 29 July 2011, 20:12:30
My understanding is that a new test fail does not cancel an existing ticket unless it fails for being dangerous for use on a road.

Think blown headlight versus accident damage/wheel falling off.  :y
Title: Re: Legal to drive a refused MoT?
Post by: Andy B on 29 July 2011, 21:03:13
Quote
....  - incredibly the old MOT is still valid if it still has time to run if the car fails the new MOT.

Darren

Using H21's example, why is it incredible?   :-? A car could be un-roadworthy with or without an MOT
Title: Re: Legal to drive a refused MoT?
Post by: Osprey on 29 July 2011, 22:14:04
That was part of my daughter's reasoning - it's and old car and an unknown car, so it probably has issues. 

She could drive it legally for six months, ignoring any problems, then get a shock at MoT time.  Or she could shove it in for a test now and prioritise any necessary work whilst driving legally on the old ticket. 

Makes some sense to me but I wasn't sure if the law agreed.  Looks like perhaps it does. 
Title: Re: Legal to drive a refused MoT?
Post by: sticka_v8_init on 29 July 2011, 22:16:51
Quote
My understanding is that a new test fail does not cancel an existing ticket unless it fails for being dangerous for use on a road.

Think blown headlight versus accident damage/wheel falling off.  :y


Agreed, and to be honest an MOT is really only a road worthy guarantee on the day. Hit a pot hole next day and all bets are off ::)
Title: Re: Legal to drive a refused MoT?
Post by: Vamps on 30 July 2011, 01:46:28
Quote
That was part of my daughter's reasoning - it's and old car and an unknown car, so it probably has issues. 

She could drive it legally for six months, ignoring any problems, then get a shock at MoT time.  Or she could shove it in for a test now and prioritise any necessary work whilst driving legally on the old ticket. 

Makes some sense to me but I wasn't sure if the law agreed.  Looks like perhaps it does. 

Why take it for an MOT, why not just take it to a trusted independent for a 'once over' that is what I would do...... :y
Title: Re: Legal to drive a refused MoT?
Post by: belldarr on 30 July 2011, 10:00:59
Quote
Quote
....  - incredibly the old MOT is still valid if it still has time to run if the car fails the new MOT.


Darren

Using H21's example, why is it incredible?   :-? A car could be un-roadworthy with or without an MOT

Well Andy I was suprised that the powers that be hadn't decided that the most recent test would get the deciding vote and would render the prior MOT invalid, it sounds like the original poster was thinking along those lines too - hence it was incredible....

Darren
Title: Re: Legal to drive a refused MoT?
Post by: feeutfo on 31 July 2011, 06:02:53
It was always the case, certainly before the MOT system was overhauled and computerised, that the old ticket stood for a year reguardless.

Hence it made sense to test it a couple off days early giving the owner time to make repairs before expirey.

However the was a rumour that this had been changed since computerisation and once failed on any issue it had failed and that was that. No Mot!  Indeed I posted similar on here, and after some debate I think the old rule still stood.

However don't take my word for it, a simple phone call to a test centre will confirm, but also testing any car during summer or warmer months is always a good idea over a winter due date. Changing donut bushes or working on any car in the snow is never pleasant...
Title: Re: Legal to drive a refused MoT?
Post by: Osprey on 31 July 2011, 16:57:38
Thanks Chris Toady, and everybody else. 

My trusted local independent has lost my trust recently - staff changes mainly - but I think they can still do an MoT test fairly.  I'll have a word and see what they say. 
Title: Re: Legal to drive a refused MoT?
Post by: tigers_gonads on 31 July 2011, 20:49:28
I think you will find that since the mot's went "on line", the new ticket superseads the old one  :-/

Basicly, once the mot tester logs on and enters the details of your car into the system, the old ticket is invalid.
Title: Re: Legal to drive a refused MoT?
Post by: aaronjb on 31 July 2011, 21:16:58
I had this earlier in the year with the MR2 - checking the online MOT checker shows it still has a valid MOT even after a fail has been recorded (as long as the original MOT has time to run), just with a note that there is a further record that is not a pass.
Title: Re: Legal to drive a refused MoT?
Post by: feeutfo on 01 August 2011, 04:28:16
Quote
I think you will find that since the mot's went "on line", the new ticket superseads the old one  :-/

Basicly, once the mot tester logs on and enters the details of your car into the system, the old ticket is invalid.
That was precisely the concern previously mentioned yes.  :-/

Not exactly clear it seems. Or if it was clear I've forgotten the outcome.  ;D
Title: Re: Legal to drive a refused MoT?
Post by: amba on 01 August 2011, 08:19:41
Can,t see how the old ticket can be void for a basic MOT failure assuming the repairs don,t constitue a danger.

If so why can the new ticket run for more than 12 months if it passses and there is some time left on old ticket.Surely if the new ticket over rides the old one you would only ever get a maximum of 12 months.

Just being logical guys !
Title: Re: Legal to drive a refused MoT?
Post by: MutantCav on 01 August 2011, 09:04:02
Just get your daughter to take her car into a decent MOT place and ask them to do all the checks they would for an MOT and let her know if the car needs anything major doing within the next 6 months...no need to do an actual MOT I wouldn't have thought then you know the road worthiness of the car, no issues with the old MOT its still valid regardless and she is prepared for any up and coming expenses

But I believe the answer is this...

The old test is still valid until its expiry date but temporarily useless because you are aware that your car in unroadworthy and it is illegal to drive an unroadworthy car so you SHOULD get the work done otherwise if the police stop you (they will be aware of the new MOT failures on their computers) and you have not rectified the work needed then they can do you for knowingly driving an unroadworthy vehicle...and you can't say you didn't know!! Once the work highlighted on the new MOT is done then your old MOT is valid once more and your car is road legal...

Obviously if the car just fails on a bulb then its highly unlikely the police would bother stopping you or doing you but for tyres etc they will...

Best way though with 6 months MOT to go has to be to get the car thoroughly checked over...shouldn't take more than an hours labour and no MOT issues...