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[Entwood]

This is now an academic question as the situation has been resolved, but I still wonder if I actually broke the law or not ..... any views

Situation :

Put the wife's clit in for MOT 2 weeks before expiry of last ticket.

Car fails on 4 points, 2 of which are listed as "dangerous"  2 are just "fails".

Parts for the 2 "dangerous" and 1 of the "fails" obtained on the way home, the other "fail" required a parts order as not in stock.

Those 3 aspects were sorted over the next 2 days (Friday/Saturday), new parts fitted and checked as working .. but the 4th bit failed to arrive as ordered but it was a marginal fail and not dangerous in any way....... 

For several reasons Mrs E had to use the car, so she did ..... but the point is .. was this legal ??

It had a current MOT, but it also had a fail, however the work had been done so it was NOT in an "unroadworthy condition" IMHO. ANPR would have flagged it as a "failed MOT" ... but how would that effect the driver ?? I'm guessing that the police/VOSA would have to prove "unroadworthyness" but am I right or wrong ??

She wasn't stopped, the part arrived and was fitted, the car was taken for a retest, still prior to the expiry of the old, and passed with flying colours ... I was actually complimented on the standard of work by the tester, so as said .. its an academic question now .....

But .. was it legal or not

[TheBoy]

In my mind, it still had an MOT...

[Andy B]

I concur with Jamie. Thing is you were more 'not legal' before you went for the MOT as the car was in a dangerous condition by 2 of the failure points ..... you just didn't know it  .
The car wasn't dangerous & still had a current MOT

AIMHO 

[Marks DTM Calib]

Depnds if it was given a failure which prevented its use on the road (which I am guessing you did not get as they would probably not let you take the car away)

However, its still illegal as although you still have an MOT you are driving a vehicle in an unroadworthy condition until ALL failure items are repaired.

[Andy B]

....
However, its still illegal as although you still have an MOT you are driving a vehicle in an unroadworthy condition until ALL failure items are repaired.

but the 4th bit failed to arrive as ordered but it was a marginal fail and not dangerous in any way....... 

 

[TheBoy]

....
However, its still illegal as although you still have an MOT you are driving a vehicle in an unroadworthy condition until ALL failure items are repaired.

but the 4th bit failed to arrive as ordered but it was a marginal fail and not dangerous in any way....... 

 

I'm guessing that the law doesn't always/ever match common sense.  Then again, you'll always get someone trying to push the limits....

[henryd]

Depnds if it was given a failure which prevented its use on the road (which I am guessing you did not get as they would probably not let you take the car away)

However, its still illegal as although you still have an MOT you are driving a vehicle in an unroadworthy condition until ALL failure items are repaired.

That would be my take on it as well,once the repairs have been carried out the old mot (if any time remaining) would suffice up until the retest was carried out.
any fail however marginal is still a fail therefore rendering the vehicle unroadworthy in the eyes of the law

[Marks DTM Calib]

Yep and you are knowingly driving a vehicle which is 'unroadworthy' (e.g. has a known MOT failure point)

[TheBoy]

OK, different sceanrio (forgetting if MOTer was right/wrong).

I present my car with a month to go...

Fails on Air Freshener...


Is it still unlawful to drive?

[Marks DTM Calib]

OK, different sceanrio (forgetting if MOTer was right/wrong).

I present my car with a month to go...

Fails on Air Freshener...


Is it still unlawful to drive?

Yes, until you remove the air freshener.

[omegod]

It still has a valid MOT regardless of the fail points,however if it was a likely danger it would not have been allowed to leave the test center.

[TheBoy]

OK, different sceanrio (forgetting if MOTer was right/wrong).

I present my car with a month to go...

Fails on Air Freshener...


Is it still unlawful to drive?

Yes, until you remove the air freshener.

Ah, but does it need the retest (post air freshener removal), before it becomes road legal again?

[henryd]

OK, different sceanrio (forgetting if MOTer was right/wrong).

I present my car with a month to go...

Fails on Air Freshener...


Is it still unlawful to drive?

Yes, until you remove the air freshener.

Ah, but does it need the retest (post air freshener removal), before it becomes road legal again?

Technically no,once the umm repair has been carried out the vehicle is roadworthy again untill its retested

[Marks DTM Calib]

OK, different sceanrio (forgetting if MOTer was right/wrong).

I present my car with a month to go...

Fails on Air Freshener...


Is it still unlawful to drive?

Yes, until you remove the air freshener.

Ah, but does it need the retest (post air freshener removal), before it becomes road legal again?

No as the defect has been addressed, the MOT would be valid until the current one expired.

[Webby the Bear]

i'd have said that irrespective of whether you were still in the current mot period, as said before you were driving with something dodgy which could have been picked up if pulled over (depending on what point 4 was?!  :-/)

as for the notorious air freshener, how big was it to fail a mot? lol