Driving with failed MOT..

[clk320x]

So I put my E in for MOT early, it normally sails through but this time failed on ‘parking brake efficiency below requirements’... apparently that’s a ‘major’ failure even though no one uses it.
Anyway - as it’s still got a few weeks MOT left and it’s not a ‘dangerous’ fault, I have read that you can still use the car? I don’t really have time to get the parking brake shoes changed or adjusted this week. If not I’ll just use one of the others... Cheers

 

[whitenemesis]

I have read that you can still use the car?

I think your thread title says it? .... "driving with a failed MoT" ..
I thought the only legitimate reason was to take to a place of repair and back to an MoT station.

But this particular conundrum has been discussed ad infinitum on numerous threads with no consensus.

 

[Martin 1]

A fail is a fail, from the moment it happens, the previous date becomes irrelevant. You say you don't use your parking brake, if you did it might well have been a pass, very few car parts benefit from lack of use.
Sorry whitenemesis but it's not a conundrum.

 

[clk320x]

This is what confuses me:

Driving a vehicle that’s failed​

You can take your vehicle away if:

• your current MOT certificate is still valid
• no ‘dangerous’ problems were listed in the MOT

Otherwise, you’ll need to get it repaired before you can drive.

If you can take your vehicle away, it must still meet the minimum standards of roadworthiness at all times.

It seems to suggest that you can ‘take your vehicle away’ if the MOT cert is still valid and no ‘dangerous’ problems were listed.

 

[whitenemesis]

Sorry whitenemesis but it's not a conundrum.

Oh, don't apologise, I fully understand and agree. It's just a subject that is loved to be argued. I thought 'conundrum' just sounded better

 

[clk320x]

Right then, seems like the AMG will be the daily for the next few days.

 

[whitenemesis]

Right then, seems like the AMG will be the daily for the next few days.

Any excuse!

 

[andy27168]

Hi
I very much doubt you will need to replace the handbrake shoes, just adjust the shoes correctly and take the slack up in the cables, and it will be perfect.
Incidentally my 207 has an advisory on every MOT it has ever had from new, even after being an approved used.
I have always found my CLS one poor but it holds the car and never has had an advisory and as you I never use it.
However the handbrake in both 202's was superb.

 

[markjay]

This is what confuses me:

It seems to suggest that you can ‘take your vehicle away’ if the MOT cert is still valid and no ‘dangerous’ problems were listed.

There have been a few threads about this before.... the bottom line is the the law is (deliberately?) vague on this issue.

On a practical level, you can just use the car normally until you get it fixed.

The potential risk is that in case of a serious accident the insurrer might try and give you grief over this, as technically the car isn't 'roadworthy' once it failed the MOT.

 

[clk320x]

There have been a few threads about this before.... the bottom line is the the law is (deliberately?) vague on this issue.

On a practical level, you can just use the car normally until you get it fixed.

The potential risk is that in case of a serious accident the insurrer might try and give you grief over this, as technically the car isn't 'roadworthy' once it failed the MOT.

Thanks MJ, so I guess the car won’t be flagged and stopped however in case of an accident it may be an issue?
I think I’ll just use the other car until it’s fixed as the rules do seem relatively vague.

 

[whitenemesis]

Oh, don't apologise, I fully understand and agree. It's just a subject that is loved to be argued. I thought 'conundrum' just sounded better

Like I said, loved to be argued .....

 

[Nat]

As I understand it, if it fails it no longer had a valid ticket on it any more despite the original expiry date.

 

[BTB 500]

There have been a few threads about this before.... the bottom line is the the law is (deliberately?) vague on this issue.

On a practical level, you can just use the car normally until you get it fixed.

The potential risk is that in case of a serious accident the insurrer might try and give you grief over this, as technically the car isn't 'roadworthy' once it failed the MOT.

It's definitely a grey area. A car can fail the test on something that has no bearing at all on safety (emissions, noisy aftermarket exhaust, etc.), in which case I suspect an insurance company would have a hard time wriggling out of a claim on that basis (if there were no other issues and the previous MOT hadn't yet expired). Same even for something safety-related if it had no bearing on the claim/accident e.g. a frayed rear seatbelt if nobody was in the back of the car?

 

[markjay]

It's definitely a grey area. A car can fail the test on something that has no bearing at all on safety (emissions, noisy aftermarket exhaust, etc.), in which case I suspect an insurance company would have a hard time wriggling out of a claim on that basis (if there were no other issues and the previous MOT hadn't yet expired). Same even for something safety-related if it had no bearing on the claim/accident e.g. a frayed rear seatbelt if nobody was in the back of the car?

Agreed. It is very grey.

The issue for the MoT is that saying that a failed car can't be driven (other than to pre-booked appointment etc) might deter people from presenting their car early and will also put a strain on testing centres, while saying it can be driven normally may present a risk to the public in some circumstances.

Hence the vagueness...

 

[bob6600]

Just buy another car and add it to the fleet, you know you want to

 

[AW8]

My understanding on the legal bit........

If your old certificate hasn't expired then it still has current MOT until old one expires because the fail was major and not dangerous then it arguably can be driven on a road.

BUT

All vehicles still have to be legal regardless of MOT result.

Releavant Construction & use Reg statex "Every part of every braking system and of the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted".

Sources of reference

How the new MOT defect categories will work – Matters of Testing

Official advice and information about MOT testing from the Driver and Vehicle Standards Agency (DVSA).

mattersoftesting.blog.gov.uk

Road Traffic Act 1988

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

www.legislation.gov.uk

The Road Vehicles (Construction and Use) Regulations 1986

www.legislation.gov.uk

Can you drive an MOT fail car if the previous test has not expired?

You can drive a car after it fails the MOT test , but only in certain circumstances. We explain the current DVSA rules.

www.motoringresearch.com

I only am posting this to highlight the current (at time of typing) legal position.

I am not suggesting OP's vehicle is dangerous or commenting as to whether or not it should be driven or used on a road.

As we know ...many with automatics seldom or ever use the park brake. There will also be many folk driving around with current MOT pass and defective brakes....(not just parking brakes).

 

[markjay]

My understanding on the legal bit........

If your old certificate hasn't expired then it still has current MOT until old one expires because the fail was major and not dangerous then it arguably can be driven on a road.

BUT

All vehicles still have to be legal regardless of MOT result.

Releavant Construction & use Reg statex "Every part of every braking system and of the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted".

Sources of reference

How the new MOT defect categories will work – Matters of Testing

Official advice and information about MOT testing from the Driver and Vehicle Standards Agency (DVSA).

mattersoftesting.blog.gov.uk

Road Traffic Act 1988

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

www.legislation.gov.uk

The Road Vehicles (Construction and Use) Regulations 1986

www.legislation.gov.uk

Can you drive an MOT fail car if the previous test has not expired?

You can drive a car after it fails the MOT test , but only in certain circumstances. We explain the current DVSA rules.

www.motoringresearch.com

I only am posting this to highlight the current (at time of typing) legal position.

I am not suggesting OP's vehicle is dangerous or commenting as to whether or not it should be driven or used on a road.

As we know ...many with automatics seldom or ever use the park brake. There will also be many folk driving around with current MOT pass and defective brakes....(not just parking brakes).

To clarify, your insurance will normally cover you if you have a claim even if your car is faulty. Where your might get into trouble is if your car failed an MOT and you were told that your car is faulty. Different scenario.

 

[Will]

Food for thought:

If you take a car in for an MoT test a month early, and it fails, people are saying that the old certificate/test period is then null and void.

If you then take it back for the re-test, do you lose the additional few weeks extra you would have from the original test date, or do they acknowledge the original MOT that was still valid and give you the extra days/weeks as appropriate?

Defects on cars can occur at any time. A valid MoT is no guarantee of roadworthiness of course.

Abs - what does your car show up with on the DVLA status - red or green for MOT?

Regardless of the actual answer, I guess one way of looking at the recent fail during the original MOT validity is just bringing a minor pre-existing fault to your attention. Or to put it pedantically, in theory any car should be capable of passing an MOT test at any time it is in use on the road etc. Fine in theory, but not always possible in practice

 

[clk320x]

Abs - what does your car show up with on the DVLA status - red or green for MOT?

It still shows up green Will, valid until 19/10.

 

[markjay]

It still shows up green Will, valid until 19/10.

I think it will soon show the failed test? A failed test is recorded like any other, i.e. the DVLA will not wait until the fault is fixed and the car retested before adding the failed test to their database. The MOT test is an event that occurred, and will show on the DVLA system independently of any retest that may or may not occur at a later point of time. But this in itself doesn't mean that the car is illegal to drive... because as said the law is vague on this issue.