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[Omegatoy]

if an MOT has been refused because of dangerous faults the car is deemed unroadworthy and can only be driven on a direct route to and from the garage to
A, THE PLACE THE REPAIRS ARE TO BE CARRIED OUT
 it cannot or should not be used on a public road with the dangerous condition notice on it.

ergo you were driving illegally and the insurance would not have paid out in the event of an accident

[Entwood]

if an MOT has been refused because of dangerous faults the car is deemed unroadworthy and can only be driven on a direct route to and from the garage to
A, THE PLACE THE REPAIRS ARE TO BE CARRIED OUT
 it cannot or should not be used on a public road with the dangerous condition notice on it.

ergo you were driving illegally and the insurance would not have paid out in the event of an accident

Quite happy with your first paragraph  .. for the journey home ....  but then the "dangerous" items were all fixed.

Using your statement, as written, it would not be possible to legally drive the car back for a restest !!!!

The only fault that was on the car was then "play at inner steering arm [steering rack fitted]" .. basicly the inner part of the trackrod, local dealer had plenty of trackrod ends but had to order the the inner part for me. I have had cars pass with more play than this one had.. it was not IMHO "excessive" but I did replace it once the parts arrived.

I suppose the root of the question is .... does a fail on the DVLA computer legally define "unroadworthy" or would police/VOSPA have to have the work I had done (on the "dangerous" items) checked in order to declare the car unroadworthy AT THAT TIME .....  ?

I capitalise that because we all know that having an MOT certificate only certifies roadworthiness at the time of the test.... so does a fail only denote "unroadworthiness" at the time of the test .......   

[Marks DTM Calib]

A fail is a fail, simple as that, it has been deemed by the qualified tester to not be of a standard capable of passing an MOT. If it had been an advisory then it would have been different.

Remember that you can drive a car with 'failures' to a from an MOT station to a booked appointment OR a place of repair (remembering that if it had been 'dangerous' then they would not have let you take it away in the first place).

Clearly that does not include trips to the shops etc.

Yah bad old law breaker you 

[Entwood]

A fail is a fail, simple as that, it has been deemed by the qualified tester to not be of a standard capable of passing an MOT. If it had been an advisory then it would have been different.

Remember that you can drive a car with 'failures' to a from an MOT station to a booked appointment OR a place of repair (remembering that if it had been 'dangerous' then they would not have let you take it away in the first place).

Clearly that does not include trips to the shops etc.

Yah bad old law breaker you 

Legally I broke no laws ... as I didn't drive it she did !!!   

(oK to be pedantic .. I only drove it back from the (failed) test and to the pre-booked retest)

[Marks DTM Calib]

Lol, you wait till I see her next! 

[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?

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

What about gorging the testers eyes out with the scissors he offered to remove offending item. Is that a fail?

[TheBoy]

A fail is a fail, simple as that, it has been deemed by the qualified tester to not be of a standard capable of passing an MOT. If it had been an advisory then it would have been different.

Remember that you can drive a car with 'failures' to a from an MOT station to a booked appointment OR a place of repair (remembering that if it had been 'dangerous' then they would not have let you take it away in the first place).

Clearly that does not include trips to the shops etc.

Yah bad old law breaker you 

Legally I broke no laws ... as I didn't drive it she did !!!   

(oK to be pedantic .. I only drove it back from the (failed) test and to the pre-booked retest)

Bloody Pikeys - never obey the laws of the land

[Martin_1962]

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

MOT <> Roadworthy

Some of the MOT test points are nothing to do with safety

[albitz]

Such as ?

[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.

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

MOT <> Roadworthy

Some of the MOT test points are nothing to do with safety

Nobody mentioned safety, roadworthy is the name of the game here and the committed offence relates to driving a car in an unroadworthy state. 

Simples!

[albitz]

Whats the difference between roadworthiness and safety ?

[Jimbob]

Whats the difference between roadworthiness and safety ?

seatbelts etc - nothing to do with roadworthy
a lot to do with safety

[albitz]

Depends on the definition of roadworthiness I suppose.
Worthy to be on the road, including any possible events which may take place on the road,including an accident ?......in which case seatbelts would come under roadworthiness. :-/

[Marks DTM Calib]

Depends on the definition of roadworthiness I suppose.
Worthy to be on the road, including any possible events which may take place on the road,including an accident ?......in which case seatbelts would come under roadworthiness. :-/

An MOT checks for roadworthyness, not safety as most of the safety was designed in at day 1.

Of course, a vehicle in a roadworthy condition may be safer than one that isnt

[albitz]

Makes sense. .............sort of.