Driving with failed MOT..

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100% agree & will do so.

I believe the default position of English law is that "everything not forbidden is allowed"

If VOSA intention is for newer test results to lawfully nullify certificate validity of the balance of last in date certificate, then my view is that S47 of the Road Traffic Act must clearly reflect this.

Guidance & procedure should arguably not change in absence of clear & supportive legislation.
 
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A recent example from our daughters 2004 Mini. MOT expires 11/10/20. Fails MOT 17/9/20 on wheel bearing. Bearing replaced. Retest at same test station. New MOT runs until 11/10/2021. It would appear based on this example that you do not lose anything by getting it tested early.
 
I think I’ve got to the bottom of it, as the car was on the 6 month covid extension I guess the early test original expiry preservation rule does not apply?
 
I think I’ve got to the bottom of it, as the car was on the 6 month covid extension I guess the early test original expiry preservation rule does not apply?

That's correct. Caught quite a few people out.
 
I was going to say, had a quick look at an older car I remember that had failed and subsequently passed (some years ago!) and that got the original date with the weeks added.
 
It's a moot point now, but it caught people who stuck to their original date if they left it too late and the 6mth extension had already been applied - it got extended about 5 days before the original expiry date.

They'd take their car in 3 days before expiry, get a fail, and that was it - no MOT. So it messed up the renewal date even if the car subsequently passed - only a few days, but that kind of thing annoys some people. Apparently DVSA would re-instate the date if asked.
 
For me my car failing the MOT was like being insulted :D considering all the money I’ve poured into it 🤣

all over a bloody parking brake🤣
 
Okay I am back with an update.

In this thread I prior outlined my views....

I have engaged with DVSA (VOSA & DSA have merged) re MOTs & failed MOT's, (for private motor cars only). My understandings as below.............

  • An MOT fail does not nullify a prior certificate with remaining duration of pass status (unless a fail occurs within a COVID MOT extension period)
  • Pass status does not give immunity from prosecution for defects that are offences.
  • MOT testers do NOT currently have powers to prohibit use after a dangerous FAIL.
  • Driving a private motor car that has failed on a dangerous item is strongly advised against.
  • MOT Testers do not issue prohibition notices on private motor cars.
  • Seriously consider any guidance or direction given by an MOT tester.
  • Anyone can notify the Police in the event of concerns re a vehicle &/or the driver.

The above is purely based on my understanding & interpretation of current legislation & guidance. Nothing here is to be taken as definitive. If in doubt seek expert advice.

HTH
 
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I outlined law & info from DVSA purely to provide clarity....Not to criticise anyone

From a safety perspective I would happily use a car that was awaiting park brake adjustment.
 
If you have another car available don't take the risk. Just drive it straight to the garage when they are ready to fix and retest.
Just not worth the hassle if anything did happen (not necessarily your fault)
 
To further clarify I was not advocating law breaking.....I clarified merely to enable folk to make their own decisions.

I am fairly OCD in aiming aim to keep my cars legal in terms of maintenance & MOT.
 

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