Advice on MOT legality

[Gucci]

As posted at the weekend, my ML failed the MOT (due to expire 26th March) on a broken spring. The vehicle was tested on Saturday 21st March. The document says I can return the vehicle within 10 days and qualify for a partial retest fee. I have two options"

Option 1
Go to Mercedes-Benz (who quoted £850 v Indy at £914) this Friday and retest within the 10 day period

Option 2
Independent garage who brother in law can vouch for ability - £450 BUT, can only do the work on 2nd April. That's two days past the retest period. If I don't drive the vehicle for those two days, is my insurance/legal position ok?

Thanks

 

[jaymanek]

No. You should have MOT'd the car on 27th Feb giving you a month to sort out any issues.

p.s. There are suppliers out there who will supply just springs.. Mercedes only sell the springs and shocks together..

after 26th march you can only drive the car directly to the MOT station provided its booked in.

 

[stevesey]

You MOT expires on 26th March - you can't drive after that (other than to a pre-arranged MOT test).

Ah Jay beat me to it.

 

[Dieselman]

As long as the vehicle is kept off road and you only drive the vehicle to or from an MOT test you are OK.

Just get the work done at the cheapest place and have another none appointment test. You're going to save £400 minimum so another £50 on an MOT isn't going to hurt.

Moral of the story, get the MOT done early..

 

[A210AMG]

If you can just buy the spring then it will be much cheaper surely?

Getting it booked it and paying for a full retest would be still worth doing if your saving a packet.


Is the car covered sat on your drive without an MOT?


Hope you get it sorted.

 

[saorbust]

I know others have said it - but make sure the MOT retest is a booked appointment - will save you some considerable hassle if the Rozzer's stop you on the way....

 

[markmifsud]

As long as the vehicle is kept off road and you only drive the vehicle to or from an MOT test you are OK.

Just get the work done at the cheapest place and have another none appointment test. You're going to save £400 minimum so another £50 on an MOT isn't going to hurt.

Moral of the story, get the MOT done early..

It doesnt matter how soon you get the MOT before its expiry date, if it fails, then any current MOT certificate is void as it is now officialy not road worthy

 

[Dieselman]

It doesnt matter how soon you get the MOT before its expiry date, if it fails, then any current MOT certificate is void as it is now officialy not road worthy

That's a common miconception. The old Cert. is valid until it's expiry date is reached.

HTH.

 

[recycled]

It doesnt matter how soon you get the MOT before its expiry date, if it fails, then any current MOT certificate is void as it is now officialy not road worthy

This is very wrong. the expiry date will always stand.
Happened to me last year when mine failed emmisions and i had to sort it before the retest.
Old test still valid

 

[Sp!ke]

Surely it depends on how badly it fails?

My understanding is that if its dangerous to drive the test centre makes it very clear (I cant remember what they call it but its not just anormal fail).

 

[markmifsud]

This is very wrong. the expiry date will always stand.
Happened to me last year when mine failed emmisions and i had to sort it before the retest.
Old test still valid

Your correct, does seem a bit lame that I can take my old jalopy with no brakes, fail the MOT and legally drive it back home though. Hey, thats the law tho, bad as it seems.

 

[Number_Cruncher]

There are 2 bits of unrelated law being discussed.

One is the need to have a valid MOT certificate in force while the vehicle is being driven on the road - unless you're going to/from a pre-booked MOT.

The other is the driver's responsibility to ensure that a vehicle is in a safe condition if used on the road (Construction & Use). There's no escaping this one, no exceptions, and at best, a recent MOT certificate is only a mitigation.

So, if your brakes fail completely, but you've got 11 months MOT left to run, you cannot drive the car on the road. You won't break the law with respect to MOT legislation, but you will with respect to construction & use.

The bit that most people struggle with is that there's no direct link between these two requirements.

It's quite easy to obtain an MOT pass for a vehicle which is not safe to be driven on the road, and it's also possible to obtain an MOT fail for a vehicle that would cause no-one any possible risk of injury or harm.

----EDIT----

This site is helpful;

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

Particularly this bit;

--------8<-------

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. Also, the insurance may not be valid.

--------8<-------

 

[recycled]

Your correct, does seem a bit lame that I can take my old jalopy with no brakes, fail the MOT and legally drive it back home though. Hey, thats the law tho, bad as it seems.

You still have a legal responsibility as cruncher has said to make sure it is legal to drive on the road.
A valid MOT means nothing if you have dodgy brakes and your lights do not work.
So if you take your car for an MOT, it passes, you drive out and someone smashes into the rear and knocks out all your lamps, it does not mean your car is ok to drive for the next 1yr because you have a recent MOT in your pocket

 

[stevesey]

My understanding is that if its dangerous to drive the test centre makes it very clear (I cant remember what they call it but its not just anormal fail).

I certainly remember years ago it was possible for an MOT test to effective void any remaining MOT if the car was dangerously unroadworthy - specifically in relation to rust. That was in the days that Lanica's would biograde before the warrantly ran out though - probably still true, but would be a very rare occurance these days.