Driving with failed MOT..

Page may contain affiliate links. Please see terms for details.
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.
The test shows on the MOT history as ‘failed’ but still shows the MOT expiry as the original date.
 
Well we have had this before,the thing to do is use your electronic hand brake,in most cases it is lack of use,I bought a mercedes that had this problem and over a week I managed to get it working again simply by using it,they seem to seize up from lack of use.
 
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 :)

Re "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?"


I have never prior experienced or considered this scenario ..... Any source for this claim or is it repeated hearsay ?

Easiest way to find out is to ask the ministry or a (switched on), MOT tester. If will endeavor to find out & share any legitimately sourced info here.

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

I thought this was a FAIL (RED).

As a vehicle owner keen to understand the law....I don't like grey areas, (especially for "absolute offences" such as no MOT).
 
Last edited:
Apparently the MOT Certificate is still showing online as valid until the original renewal date, but it is also showing the last test in the MOT history list as Failed...........

The rules say that if the car fails you can 'take it away', but this is not the same as saying that you can 'drive it away'......

Very vague.
 
To end this thread...

MOT status has now updated to failed, and
shows it expiring on the 3rd despite the original ticket being valid for a couple of weeks more... sounds like putting the car in early is no longer advisable. :(
 
To end this thread...

MOT status has now updated to failed, and
shows it expiring on the 3rd despite the original ticket being valid for a couple of weeks more... sounds like putting the car in early is no longer advisable. :(

Sorry to hear that.

At least we now have a definite answer as to what happens if the car is presented early and fails.
 
I guess the only advantage of presenting early is getting the extra days/weeks added on off it passes.

I’d be interested if you re-test it before the original expiry date whether they’d add the extra on! :)
 
I guess the only advantage of presenting early is getting the extra days/weeks added on off it passes.

I’d be interested if you re-test it before the original expiry date whether they’d add the extra on! :)

I am assuming it will, because if the car fails and then retested immediately (e.g. blown bulb), then the records will show two separate MOT tests but the original renewal date will be preserved.
 
As much as I appreciate the efforts to avoid ambiguity on this topic....I still need to be convinced that DVLA &/or MOT database FAIL statuses are wholly representative of the legal MOT status relating to vehicle(s) that fail prior to prior expiry date.
 
Taken from DVSA site

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.


S47 RTA 1988

1)A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence.

In this section and section 48 of this Act, the “appropriate period” means a period of twelve months or such shorter period as may be prescribed.




My interpretation is that the old test pass is not nullified by the new fail if the new fail is before the old expiry date. (Once again I accept that the driver can commit offences driving a vehicle contrary to relevant construction & use or lighting regs etc).
 
Last edited:
Either way I’ll be fixed tomorrow and retested. Just a bit annoyed having it down as a ‘Fail’ the cars only failed 1 time before in the last 11 years :(
 
I would be annoyed too....MOT's are another car OCD issue for me.... Easily explained come any resale if ever mentioned.

Glad you are getting it sorted.
 
Parking brake adjusted in about 5 mins and it flew through the MOT 👍

Disappointed to find that the original expiry is not preserved and I’ve in fact lost 14 days of MOT :( Seems that there is well and truly no point in putting your car in early anymore.
 
A big heavy car like that should always have the handbrake working and engaged when parked up imo. The stress on the transmission on an incline won’t be good.
 
there is well and truly no point in putting your car in early anymore.

You should ask for a pre-mot test, that's what I do on the E55 and the E250 as I don't want a fail, pay full MOT price but I don't mind as the guy I use knows he will get very little work from me.
They know I've checked all the basic things on the car before I take it to them.

If the car looks good they then just go ahead with the MOT.
 
You should ask for a pre-mot test, that's what I do on the E55 and the E250 as I don't want a fail, pay full MOT price but I don't mind as the guy I use knows he will get very little work from me.
They know I've checked all the basic things on the car before I take it to them.

If the car looks good they then just go ahead with the MOT.
I did this with the 32 Pat, a very good idea, however I was so confident in my W212 🤣
 
Well today I spoke to a tester & an owner of an MOT test facility, ( who I know). They were both of the opinion that the most recent fail nullifies the validity of the old certificate. I accepted that this would make logical sense BUT I expressed a view that the law has reflect this. In absence of seeing legislation that supports this view I am yet to be fully convinced.

A clear understanding of the law can often help avoid unwanted legal consequences.

My next step is to speak to VOSA.

Once again.......... I will update with any new info.
 
Last edited:
Well today I spoke to a tester & an owner of an MOT test facility, ( who I know). They were both of the opinion that the most recent fail nullifies the validity of the old certificate. I accept this would make sense but in absence of seeing legislation that supports this view I am yet to be fully convinced. My next step is to speak to VOSA.....

A clear understanding of the law can often help avoid unwanted legal consequences,

I think that regardless of what VOSA say, you should ask then to refer you to where it's written....
 
  • Like
Reactions: AW8

Users who are viewing this thread

Back
Top Bottom