mpbarrett Posted February 27, 2023 Share Posted February 27, 2023 My Herald has failed it's mot, it doesn't have a dangerous failure. I have just retaxed as it doesn't need an MOT. Can I legally drive it even though it has failed an MOT? As far as I understand the Gov site this is ok as long as the car is not dangerous. Anyone know for certain? I suppose it depends on the MOT failure, it doesn't state that it's dangerous. I assume there are different levels of failure. BTW I want to take the car to a garage to get the work done. Cheers mike Quote Link to comment Share on other sites More sharing options...
Clive Posted February 27, 2023 Share Posted February 27, 2023 Oh, tricky. On one hand, the car is known not to be roadworthy. (all be it something not safety related) On the other you will be driving to a place of repair. There is about zero chance of getting pulled on the way, and anpr won't know if the car has been fixed or not. If you get stopped, you can explain the car does not require an MoT, but you are taking it for repair. I can't see the plod actually doing anything, they probably don't really understand the rules themselves, any more than we do. Not being terribly helpful, but I would not worry if it were me. 2 Quote Link to comment Share on other sites More sharing options...
RobPearce Posted February 27, 2023 Share Posted February 27, 2023 If the fault is not declared "dangerous" then you have always been allowed to drive to a place where pre-arranged repairs are to be made. That said, I note (from my GT6's recent test) that the "certificate" has been updated again, so there's now a section for "minor faults" which don't count as failures but should be repaired ASAP, independent of the "advisory" section for things that aren't actually faults but could become faults soon. So clearly it's now intended to be so confusing that nobody knows what to do with it (rather like the tax system). 1 Quote Link to comment Share on other sites More sharing options...
djw113uk Posted February 27, 2023 Share Posted February 27, 2023 My understanding is that while you don't need an MOT on a historic vehicle, if you put it in and it fails, then it shouldn't be driven on the road again until it is fixed and re-tested. I think driving to a place to get it fixed is probably reasonable, but it shouldn't carry on being 'used' until the necessary repair is completed and it has gained a 'pass'. I guess if you got a really awkward person stopping you then you could be in trouble, but since the MOT on line check probably just shows as green and 'no results returned' then there shouldn't be anything to trigger them stopping you in the first place? 1 Quote Link to comment Share on other sites More sharing options...
Tim Bancroft Posted February 28, 2023 Share Posted February 28, 2023 Agree with the above, maybe get some form of written confirmation from the envisaged repairers that you are driving the car to them, maybe get the confirmation to state the date and time? I don't understand this no mot ruling for old cars...stiil lots of them on the road and all with the potential to injure or worse case kill....its another classic (excuse the pun) piece of daft UK legislation. It does seem that most responsible old car users MOT their cars, bravo! 1 Quote Link to comment Share on other sites More sharing options...
thescrapman Posted February 28, 2023 Share Posted February 28, 2023 As long as the car has only a “major” fail you can keep driving the vehicle if if still has time to run on previous certificate. A “minor” or “advisory” will not usually result in a fail. You can go to and from a pre-booked test unless the fail was “dangerous” All from the DVSA website Only anomaly I can see is if you fail the first test on a historic where it was not tested before. having failed, you can not use it until it passes as no previous pass is in place. Quote Link to comment Share on other sites More sharing options...
JohnD Posted February 28, 2023 Share Posted February 28, 2023 Discussion of minor, major, roadworthy and the need for a "Historic" vehicle to have an MoT or not, are irrelevant. Your insurance company would undoubtedly refuse to honour their policy if the car had 'failed' an MoT. Quote Link to comment Share on other sites More sharing options...
JohnD Posted February 28, 2023 Share Posted February 28, 2023 PS. In the US there is no MoT equivalent! Horror stories frequently posted on "Just Rolled in", here's some of the latest: Quote Link to comment Share on other sites More sharing options...
Matt306 Posted March 1, 2023 Share Posted March 1, 2023 If you drive a car knowing to have a fault that is dangerous that is dangerous driving. Cause death in the MV whilst it is in that condition having not repaired it you are looking at death by dangerous driving. The fact you have had an MOT which it failed and continue to use it on the road is where you'll come a cropper as you can not deny knowing the fault is there. Not least good luck getting the insurance to cough up. Quote Link to comment Share on other sites More sharing options...
ferny Posted March 1, 2023 Share Posted March 1, 2023 (edited) It's pretty clear cut. Failing the MOT Your vehicle will fail if the test result lists ‘dangerous’ or ‘major’ problems with your vehicle. You might not be allowed to drive until you fix the problems. You might also get a list of ‘minor’ or ‘advisory’ problems to monitor or fix in the future. If your vehicle fails the MOT: you’ll get a ‘refusal of an MOT test certificate’ from the test centre it will be recorded in the MOT database You can appeal the result if you think it’s wrong. 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. https://www.gov.uk/getting-an-mot/after-the-test Edited March 1, 2023 by ferny Quote Link to comment Share on other sites More sharing options...
thescrapman Posted March 1, 2023 Share Posted March 1, 2023 1 hour ago, Matt306 said: If you drive a car knowing to have a fault that is dangerous that is dangerous driving. Cause death in the MV whilst it is in that condition having not repaired it you are looking at death by dangerous driving. The fact you have had an MOT which it failed and continue to use it on the road is where you'll come a cropper as you can not deny knowing the fault is there. Not least good luck getting the insurance to cough up. You won’t be driving a “dangerous” car as you are prevented from driving it away from the test station as per the DVSA manuals. It is now much harder to fail an MOT since the rules were extensively revamped. they are currently consulting on more changes, including 4 years to first test again. Quote Link to comment Share on other sites More sharing options...
Matt306 Posted March 1, 2023 Share Posted March 1, 2023 Honestly Mr Scrapman if you drive a vehicle knowing it to be in a dangerous condition that is dangerous driving https://www.police.uk/advice/advice-and-information/rs/road-safety/driving-offences/ Quote Link to comment Share on other sites More sharing options...
Clive Posted March 2, 2023 Share Posted March 2, 2023 8 hours ago, Matt306 said: Honestly Mr Scrapman if you drive a vehicle knowing it to be in a dangerous condition that is dangerous driving https://www.police.uk/advice/advice-and-information/rs/road-safety/driving-offences/ To be fair, Colin has made the valid point that you can't drive a car away that the tester regards dangerous. What would be unwise is to continue to drive a car that has failed on other points without fixing them at the earliest opportunity. All this discussion is about sense. Quote Link to comment Share on other sites More sharing options...
thescrapman Posted March 2, 2023 Share Posted March 2, 2023 No one would tolerate being unable to drive a failed car away from a testing station, as it would be a captive market for them and removable of choice of repairer for you. Unless you can get a trailer and suitable tow vehicle or beaver tail, And with the weight and size of modern cars, that ain’t going to be cheap. But If it is deemed dangerous, you ain’t driving it. That is what the rules say. Quote Link to comment Share on other sites More sharing options...
ferny Posted March 2, 2023 Share Posted March 2, 2023 The MOT station can't stop you driving it away. It states that in the manual. Quote Link to comment Share on other sites More sharing options...
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