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Author Topic: MOT Test & Failing...  (Read 4631 times)

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PaulW

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MOT Test & Failing...
« on: 10 January 2009, 21:23:27 »

Brothers miggy was in for its MOT earlier today, and failed...  Needs some welding, and also a trackrod-end balljoint...

They issued a VT30 (as they should) and now the car is back...  However...

They told him that he could *still* drive the car until the old certificate expires...???  I was aware things were different now the VT30 was all computerised and such...

AFAIK the second a VT30 is issued against the vehicle (regardless of how much MOT is left), the car can no longer be driven and must have said faults corrected prior to being back on the road, yes?

I found this online: - http://www.bbc.co.uk/dna/h2g2/A12921581

Quote
Form VT30 – Refusal of an MOT Test Certificate. A red form with minor details of your car, the name of tester and address of test station. This form lists the items your car failed to pass.

A Refusal of an MOT Test Certificate means one or more items have failed to meet the minimum legal requirements for a pass. The item(s) will be listed on the form. If you intend to use your car on the roads, the item(s) will need to be replaced/repaired urgently. It may be possible to arrange replacement/repair of failed item(s) at the test station premises, to enable your car to achieve an MOT test pass Certificate before you drive the car away.

However, if you intend to drive your car away from the test station with a Refusal of an MOT Test Certificate, there are some stipulations. It is illegal to drive a car of MOT-testable age that does not have a current MOT test certificate on public roads, with the exception of driving it away to a place of repair, which may include your home residence. From there you may be permitted to drive to a pre-booked place of repair, and to a pre-booked MOT test station.

It is not illegal to sell a car with a Refusal of an MOT Test Certificate, however, a buyer may be breaking the law by driving it away, unless the stipulations above are satisfied. Even then it is not guaranteed that you will not be prosecuted for driving an unroadworthy car, and your insurance may be invalidated.

VOSA website is about as useful as a comotosed leech...

So, am I right in that he can no longer drive his car on the public road UNLESS it is to and from an approved testing/repair location??  His previous MOT was due to expire on the 14th or something of this month...
« Last Edit: 10 January 2009, 21:23:55 by PaulW »
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Marks DTM Calib

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Re: MOT Test & Failing...
« Reply #1 on: 10 January 2009, 21:31:00 »

No you are wrong....as he still holds a valid MOT certificate (which may last upto 1 month)....when that one runs out hes in trouble!
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Del Boy

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Re: MOT Test & Failing...
« Reply #2 on: 10 January 2009, 21:31:35 »

I always thought as long as it still had MOT left to run you could drive it until then (MOT tester told me that), dunno if there is a law against a VT30 though.
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PaulW

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Re: MOT Test & Failing...
« Reply #3 on: 10 January 2009, 21:32:58 »

I always thought the second the VT30 is issued now, as its all computerised, it would void the previous MOT due to the car no longer being legal for the road...

Ahwell it was a fun argument while it lasted  ;D
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Re: MOT Test & Failing...
« Reply #4 on: 10 January 2009, 21:40:39 »

Quote
Brothers miggy was in for its MOT earlier today, and failed...  Needs some welding, and also a trackrod-end balljoint...

They issued a VT30 (as they should) and now the car is back...  However...

They told him that he could *still* drive the car until the old certificate expires...???  I was aware things were different now the VT30 was all computerised and such...

AFAIK the second a VT30 is issued against the vehicle (regardless of how much MOT is left), the car can no longer be driven and must have said faults corrected prior to being back on the road, yes?

I found this online: - http://www.bbc.co.uk/dna/h2g2/A12921581

Quote
Form VT30 – Refusal of an MOT Test Certificate. A red form with minor details of your car, the name of tester and address of test station. This form lists the items your car failed to pass.

A Refusal of an MOT Test Certificate means one or more items have failed to meet the minimum legal requirements for a pass. The item(s) will be listed on the form. If you intend to use your car on the roads, the item(s) will need to be replaced/repaired urgently. It may be possible to arrange replacement/repair of failed item(s) at the test station premises, to enable your car to achieve an MOT test pass Certificate before you drive the car away.

However, if you intend to drive your car away from the test station with a Refusal of an MOT Test Certificate, there are some stipulations. It is illegal to drive a car of MOT-testable age that does not have a current MOT test certificate on public roads, with the exception of driving it away to a place of repair, which may include your home residence. From there you may be permitted to drive to a pre-booked place of repair, and to a pre-booked MOT test station.

It is not illegal to sell a car with a Refusal of an MOT Test Certificate, however, a buyer may be breaking the law by driving it away, unless the stipulations above are satisfied. Even then it is not guaranteed that you will not be prosecuted for driving an unroadworthy car, and your insurance may be invalidated.

VOSA website is about as useful as a comotosed leech...

So, am I right in that he can no longer drive his car on the public road UNLESS it is to and from an approved testing/repair location??  His previous MOT was due to expire on the 14th or something of this month...

I think that the highlighted bit above.....says it really...

The car still has a current MOT certificate, the old one is still current  :y

And look at it this way, if he did get stopped and given a producer....if he produces the old MOT certificate, the desky admin type will just tick the box 'Current MOT'  :y
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benbrunt

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Re: MOT Test & Failing...
« Reply #5 on: 10 January 2009, 21:48:00 »

Unless you're getting it confused with a 'prohibition notice' that traffic police can issue, if it has a current m.o.t certificate then you are ok to drive :y
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Re: MOT Test & Failing...
« Reply #6 on: 10 January 2009, 22:52:50 »

2 different aspects of the law ... :(

The following is taken from the directgov website

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Mot/DG_4022108

Quote
"The need for an MOT certificate

It is generally an offence to use on a public road, a vehicle of testable age that doesn’t have a current test certificate, except when:

    * taking it to a test station for a test booked in advance
    * bringing it away from a test station after it has failed the test, to a place of repair
    * taking it to or bringing it away from a place where, by previous arrangement, repairs are to be made or have been made to fix the problems that caused the vehicle to fail its test

Even in the above circumstances you may still be prosecuted for driving an unroadworthy vehicle if it doesn’t comply with various Regulations affecting its construction and use. Additionally the insurance may not be valid."

My highlight ...

So yes, you can legally drive it without an MOT to and from a place of repair or to and from a testing station but if the items that caused the fail make it unroadworthy you could be breaking the law still (although a different one).

You will not be able to say "I didn't know" as the computor record will show the issue of the failure certificate



« Last Edit: 10 January 2009, 22:54:25 by entwood »
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TheBoy

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Re: MOT Test & Failing...
« Reply #7 on: 10 January 2009, 23:18:26 »

I think its still valid on old one.  I think they can issue a notice saying it cannot be driven if the car is deemed dangerous
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Lazydocker

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Re: MOT Test & Failing...
« Reply #8 on: 10 January 2009, 23:26:22 »

In theory the MOT expires when new VT30 is issued... However, should be fine :y :y :y
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G84HAM

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Re: MOT Test & Failing...
« Reply #9 on: 11 January 2009, 00:23:22 »

Its still got mot until the old one expires, VT30 is refusal of mot but does not cancel out time left on old one. A tester can only advise a car has a dangerous defect but can't prohibit it from the road however if you were pulled over for a roadside check they could.
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Vamps

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Re: MOT Test & Failing...
« Reply #10 on: 11 January 2009, 00:28:29 »

Quote
Its still got mot until the old one expires, VT30 is refusal of mot but does not cancel out time left on old one. A tester can only advise a car has a dangerous defect but can't prohibit it from the road however if you were pulled over for a roadside check they could.

I believe they can, but not on a fail certificate, different paperwork. :)
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ians

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Re: MOT Test & Failing...
« Reply #11 on: 11 January 2009, 00:39:47 »

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In theory the MOT expires when new VT30 is issued... However, should be fine :y :y :y

I dont think that is correct.   Nowhere in the mot documentation/website does it say that.

The points that TB and Entwood make about unroadworthiness are of course correct but would also apply at any time.  If you are stopped with a bald tyre, it is no defence to say 'officer I still have 6 months mot left' .   So depending on how bad the faults were he may be risking it driving the car, however a bit of wear on a track rod end is unlikely to be serious.
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Lazydocker

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Re: MOT Test & Failing...
« Reply #12 on: 11 January 2009, 12:19:04 »

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Quote
In theory the MOT expires when new VT30 is issued... However, should be fine :y :y :y

I dont think that is correct.   Nowhere in the mot documentation/website does it say that.

The points that TB and Entwood make about unroadworthiness are of course correct but would also apply at any time.  If you are stopped with a bald tyre, it is no defence to say 'officer I still have 6 months mot left' .   So depending on how bad the faults were he may be risking it driving the car, however a bit of wear on a track rod end is unlikely to be serious.

That's how the rules were explained tome when I did my MOT testers course, admittedly several years ago, by the instructor.

As I said, in theory... In practice, unless dangerous and prohibition paperwork is completed there is nothing that can be done!
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vauxfan2k

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Re: MOT Test & Failing...
« Reply #13 on: 11 January 2009, 12:23:58 »

Quote
Needs some welding

out of interest what needs welding? Ive yet to see a miggy rotten enough to need welding. tho I did put a trolley jack thry the front chassis leg on one at one point, meaning a repair weld was needed.

cheers
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G84HAM

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Re: MOT Test & Failing...
« Reply #14 on: 11 January 2009, 12:26:37 »

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Quote
Its still got mot until the old one expires, VT30 is refusal of mot but does not cancel out time left on old one. A tester can only advise a car has a dangerous defect but can't prohibit it from the road however if you were pulled over for a roadside check they could.

I believe they can, but not on a fail certificate, different paperwork. :)

I am a tester, there is no seperate paperwork, vt30 is refusal, vt32 is advisory, vt 20 is a pass, a dangerous marker can be put on an advisory sheet but thats it. If you bring a car for mot it either gets a pass, fail, or pass with advisory items.
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