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Discussion Starter #1
Hi guys,

I have been searching the net to try and find out if its legal to drive my car if it has failed an mot but still has time remaining on the old mot..
by this i mean, mot is due on 30th march but car is taken for test of 1st of march and fails..can i still drive it away and use it??
it seems there is lots of conflicting views on this one.

cheers
stef
 
R

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I would have said not IMO.


I would have thought a new MOT pass/fail certificate is going to void your current one as it will supersede it. Now all records are computerised so were you to get pulled over the police will soon see that. Though I don’t think NPR picks up on MOT validity currently? :think:

I think you will also get separate endorsements for each individual item the car has failed on.:eek:
 

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Your current MOT remains valid and you are perfectly legal driving your car. However, if any of the points it failed on mean that it is not roadworthy then you would be commiting a different offence, but you would not be driving without an MOT.

It is always worth MOTing your car as early as possible, your new MOT will automatically be dated for 12 months from the expiry of the old one now that details are computerised and if there is any work needed it means you can still drive it while getting the repairs done, subject to the proviso above.
 

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If the car has failed then it invalidates the old MOT no matter how much time is left on it,thats what a very nice man from VOSA told us a couple of years ago anyhoooo.

And yes,it is perfectly possible that you could have an MOT that runs for 13 months,you can have the car tested up to a calender month before the previous one expires.
 

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I'm afraid your nice man from VOSA was talking out of his rectum, not unusual for nice men from VOSA who tend to have below average I.Q., based at least on my personal experience.

The issue of a VT30 refusal certificate does not invalidate a current MOT Test certificate.

It is important to remember that an MOT Test certificate does not offer any indication of a vehicles road worthiness or it's mechanical condition. It only certifies that the vehicle passed a number of predetermined checks on the day of testing.
 

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So you could get issued with a new MOT certificate that is valid for up to 13 months
And yes,it is perfectly possible that you could have an MOT that runs for 13 months,you can have the car tested up to a calender month before the previous one expires.
Lag is spot on. On the front of your current MOT, in the additional information box, it states (or at least my trusted MOT tested has added) "To preserve the anniverasry of the expiry date the earliest you can present your vehicle for test is 03/12/2011."

The expiry date of my MOT is 02/01/2012, so Vosa allows you to test the car a month early. This month runs concurrently with the old MOT though.

The same is true of the first MOT at three years, you can get it done up to a month early. I know as I've just sorted the MOT on my wifes car, which isn't due its first test until the 18th March. .
 

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VOSA and PC Plod may accept the current MOT cert is valid but if the vehicle has failed an MOT test and it is used (other than coming from or going to a test) your insurers may be bit miffed.
Insurance companies may try to invalidate any insurance should they become involved as you are responsible for telling the insurer of any material fact. Technically failure to disclose any material fact to your insurers invalidates your cover.

In all honesty it does appear to be a rather grey area and a definitive answer from an insurer may be helpful.:)
 

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Just my take on this;

If the car has failed its MOT, regardless of the legality of its continued use, would you necessarily want to keep using it?

If its failed what is effectively a safety test, then personally I wouldn't want to endanger myself, my family or anyone else who may be affected.

Paul
 

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The car is not currently roadworthy whether or not it's got a valid MOT at the moment.

If you got pulled over by the police for the exhaust dragging along the ground, say, they wouldn't let you drive on even if you have a valid MOT for the car, would they? The car has to be roadworthy to be driven on the road, the MOT is just a regular confirmation of that fact, it's not a ticket to drive a dangerous car.

However, if you'd fixed whatever fault it failed the MOT on, it stands to reason that the car should be legal... But then you'd just take it in for another MOT anyway...

Edit: I'm obviously really not awake at the moment, the above is just what d'espace between my ears said above anyway.
 

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It's legal to drive if you have a current MOT certificate. However as others have pointed out you could still be caught IF any of the failures on the new MOT made the car unroadworthy. Many failures relate to emissions and other minor points which do not compromise roadworthyness. A grey area indeed, as for ANPR I'm not sure, I was pulled over on the M1 when my MOT was 6 days out of date, could have been a routine check as all else was in date but the motorcycle cop knew the date of my MOT which might have been a chance revelation when he pulled up all my other details.
 

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Fair question on ANPR systems.
Most if not all traffic cars have ANPR systems these days and will pull over uninsured cars. Certainly on motorways where they need to relieve the boredom. But do they bother so much with Tax and MOT ?
Personally, as the MOT does relate to safety, even if only one day a year, I'd be disappointed if they didn't.
DVLA database has details of MOT, Tax, Insurance as up to date as possible. For the first two within minutes though I understand insurance can still lag on updates.
And are the ANPR systems set to warn on all three or can the officers be selective ? Like today we'll set for tax and MOTs tomorrow.
Final thought on the ANPR settings. As the legal position is you need a valid MOT and a fail doesn't overide it, no point in setting the ANPR for failures or even having those details available for the ANPR checks. Though in these days of big brother, I wouldn't bet on it.

Sorry, late at night and rambling :d
 

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No, he was very fair and as a fellow motorcyclist I couldn't complain, I got a £45 fine? no points and a warning to get it done fast.
 

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You are not required to surrender your MOT certificate before presenting a vehicle for test. It therefore follows that a failure does not invalidate the existing certificate.

It would be interesting to access the information on the VOSA website, though, which you can do with your VIN and reg number. It will then tell you the status of the MOT. It will come up with the last reasons for failure, but will it also come up with an indication that an MOT is still in force?

I can say just one thing about this that I am now absolutely certain - the law is an ambiguous ass: I have recently received wholly unjust and inflated court costs over a case I was pursued for where I merely asked to clarify an ambiguity in law. The law is what the judge on the day thinks it should be. Where there is an ambiguity, the law is simply random and statute offers no meaningful guidance. If you do what you think is sensible, this is your only guide. If your car fails on headlight aim and you drive home in daylight, so what. If your car fails because the emissions are out, not so important but get it fixed quick. If your car fails because there is a tyre worn to the carcass, it makes no sense to drive it at all and you should be sent to the clink if you use it [as far as I am concerned!].

We, sensible folks, need to go about our reasonable business. Just do what is sensible. The police, courts, councils, traffic wardens and home office with their mechanised fine-distribution cameras, and VOSA with their computerised road licence fines and 'continual insurance' scams will turn your life into hell in this police state as readily as they can, seemingly just so that they can all then say how important their public-servant jobs are to keep the horrible general public in check. Do what is right, but be warned that this may not be enough and random fines and prosecutions for traffic offences you may never have heard of before will occasionally land in your lap. You can't avoid it. Big Brother is watching, and he's out to get YOU!
 

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It's all very interesting, but in my old age I have found that everything is about money. The laws and by laws are all being designed to trap as many people as possible with a view to raise money to pay our inflated bureaucratic system. The law :) allows you to drive to and from a test centre for the purpose of having a prebooked test when your current MOT has expired so I don't see why you cannot drive if you have a current MOT and have failed the next test before the expiry date.As far as I can determine there is no rule saying you must obtain your next MOT in advance,( wise to do so but not obligatory) If in law the MOT has a 1 year life then unless there is some clause which terminates that validity early then the expiry date is valid. Surprised we don't have any legal beagles on the forum to advise.
 

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Hi Dave, yes, only a few days but I guess once his computer logs the find he is obliged to act on it. See you have a Thunderbird, I have driven Triumphs for many years but now use an AJS 650 twin, 1961 so a bit older than yours.
 

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You have a real classic bike.:d:d

Mines more of a retro being a 1995 model.
Mind you, by the time it comes out of hibernation again, it could be a real classic.:d
 
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