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I've had a Google and can't seem to find a definitive answer, so perhaps one of our MoT testers can advise on this; does an MoT fail invalidate your current MoT under the new rules?
I know all the arguments about it under the old system, but I want to know if the actual rules have changed such that it is officially invalidated on a fail.
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steveg
Posted a lot
Posts: 1,548
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I'd imagine it would be more likely now as if it's a dangerous fail you can't drive away. It's always been a stupid idea, oh dear your brakes really aren't working properly but because you brought it early it's fine to drive round like that ! People have been given a bit of slack, taken advantage and now they have said enough is enough.
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Yes, because the vehicle has been checked and found to be unroadworthy. It was changed last year but not publicised widely enough, obviously.
Colin
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You are still aloud to drive to and from a place of repair by prior arraingement The mot station cannot stop you from driving away it's up to you if you want to ignore the advise The can I drive it whilst it still has a mot and a fail argument hasn't really changed since the mot went computerised It's just now in bigger writing so you have no excuses
Years ago when it was all paper based you could get awY with leaving the failure at home and running around with the old pass until it expires but still get knocked for bald tyres
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Thanks for your comment everyone I can still find absolutely no evidence to support the idea that a current MoT is invalidated by an MoT fail under the new system. If the .gov website is to be believed I think it works like this: If you fail with a "Major" category item then you can still drive the vehicle to and from an MoT testing station or place of repair provided your current MoT has not expired. If you fail with a "Dangerous" category item then you cannot drive the vehicle on the road under any circumstances until the failure item is fixed. If you do, you are at risk of being prosecuted for " using a vehicle in a dangerous condition", which carries a penalty of 3 points, a £2,500 fine and an obligatory disqualification of at least 6 months (if the offence is committed within 3 years of a previous conviction for a similar offence). A discretionary ban may be imposed even if it is not the second offence within 3 years. I suppose that since the current MoT is not invalidated, you could have the "dangerous" item repaired and continue to drive the car without having it re-tested until the MoT expires. But then if stopped you'd have to show how it has been repaired and prove that the car was now not "dangerous" to avoid the charge...down to how interested the policeman is when he stops you I guess.
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Last Edit: Jul 8, 2018 9:11:51 GMT by daklone
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This comes up all the time: Some facts The computerised system will record all MOT data. ANPR systems are automatically (but not instantly) updated. Roads policing vehicles and ANPR vans as well as static ANPR cameras will receive this data within 24 hours. So unless a Dangerous fail you could drive the car with a Major BUT the vehicle must be roadworthy. You cannot drive the vehicle on a road legally with a Dangerous fail even if your 'old' MOT is still valid as it is deemed unsafe and therefore un-roadworthy at the time of the latest test and this will be recorded on the system. Other categories are a pass with work needed or advised or a straight pass. So a Major fault may or may not constitute an un-roadworthy condition. Is that clear? No,oh OK. More facts: There are very few roads policing patrols in this day and age. Even fewer of those have any knowledge skills or indeed authority to to be an authorised vehicle examiner capable of putting your vehicle under a prohibition notice. Drive a vehicle on the road which has had a Dangerous fail, whether or not the old MOT is in date, means if spotted by ANPR or stopped by Police you will most likely be prosecuted for driving a motor vehicle in a dangerous condition. To prove it is now roadworthy and not Dangerous would mean a re-test and pass. Many motoring law offences are known as 'Absolute Offences' so you are guilty until proven otherwise, this is in that category so it's up to you to prove i.e. get a pass certificate if you have had a Dangerous fail.
There is yet to be a test (court) case on this issue but only a matter of time.
Clear as mud. It's how lawyers make money..........
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Last Edit: Jul 8, 2018 17:30:29 GMT by duggers
Needs a bigger hammer mate.......
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Jul 25, 2018 11:06:25 GMT
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MOT certificate (the piece of paper) just satisfies road traffic act which says you have to have one unless exempt, and that it has to be issued less than 12 months ago (or 13 if you include going 4 weeks early). if you fail 2 weeks before the end of 12 months, nothing changes, you still have a cert issued less than 12 months ago.
then you have "roadworthy" which satisfies the construction and use regs, its fair to say if you failed an MOT its not roadworthy, therefore guilt by association.
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It would be fairly easy to find out, once it has failed check the MOT status on line, this is what all the ANPR and police use, if it stays as the original pass date you are not going to get pulled in this way, of course you are still driving a dangerous vehicle which could get pulled after a roadside inspection and if you have an accident you could be in trouble. Then there is also the issue that items like damaged number plates seat belts you are not using, sidelights not working in daylight etc. don't actually make it dangerous to drive either.
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