MoT loophole could see people handed £2,500 fine and penalty points

Srdl

Senior Member
Joined
Oct 8, 2015
Messages
7,102
Reaction score
5,905
Location
Hampshire
Your Mercedes
GLC43 AMG 2018 (X253)
Shamelessly nicked from another forum:

Well I've always taken my vehicles early on the assumption if it fails you still have a couple of weeks to sort it before the current MOT runs out.
Daft thing is my 1955 Triumph Speed Twin 5T doesn't need an MOT or Tax.


http://www.autoexpress.co.uk/car-new...penalty-points
Very helpful - I always take ours in three weeks early for exactly the same reason!
 

ansta1

Senior Member
Joined
Jul 28, 2015
Messages
300
Reaction score
59
Location
Northampton
Your Mercedes
s500LWB/2002
Shamelessly nicked from another forum:

Well I've always taken my vehicles early on the assumption if it fails you still have a couple of weeks to sort it before the current MOT runs out.
Daft thing is my 1955 Triumph Speed Twin 5T doesn't need an MOT or Tax.


http://www.autoexpress.co.uk/car-new...penalty-points

I've always assumed it's the reverse since the MOT went online, eg once it fails it doesn't have an mot. This was different in times gone by, but I wonder if there is a business opportunity for current MOT testers, soft mot testing?
 

Ken_R

Senior Member
Joined
Dec 11, 2015
Messages
691
Reaction score
203
Location
Worcestershire, UK
Your Mercedes
W203 2006 C230 Estate
This seems to me a blatant example of "Fake News".

The penalty for driving/using a motor vehicle without a current MOT is a fine. It is not endorseable. It does not carry a disqualification.

Taken from https://www.gov.uk/getting-an-mot/after-the-test

"Driving a vehicle that’s failed

You can take your vehicle away if your MOT certificate is still valid.
"

The reference to a £2500 fine, points and a possible disqualification, comes further down the page,

"You can be fined up to £2,500, be banned from driving and get 3 penalty points for driving a vehicle in a dangerous condition."

There is a vast difference between a vehicle that has failed an MOT and a vehicle that is in a Dangerous Condition. A vehicle can fail an MOT because the the Washer Bottle is empty. Indeed, even on a day following the passing of an MOT, a Washer Bottle could empty, thereby precluding it from passing in that condition. In no shape or form would such ever be construed as "Dangerous Condition".

In fact, the offence of Dangerous Condition does not always centre on the mechanical condition of the vehicle. It could be because the driver has failed to adequately clear the windows on a frosty morning, or the vehicle is carrying a load, whether goods, or an excess number of persons, in such a manner that it is likely to cause danger to other road users (or the occupants).

Thinking laterally, if a 4/5 seater car arrived at a Testing Station with, say, eight adult occupants, it would probably be in a Dangerous Condition. If they all then de-bussed and the vehicle was presented empty, then it could still pass but, when they then all then re-entered the vehicle, it would again assume the status of being in a Dangerous Condition.

The Author has conjoined various elements of a complex subject in such a way as to 'sensationalize' a non-story.
 

tjamesbo

Senior Member
Joined
Dec 26, 2006
Messages
1,464
Reaction score
95
Location
Sutton Coldfield, West Midlands
Your Mercedes
1999 CLK430, 2007 VITO 3.0V6 , W124's (1994 320TE , 1993 220TE ) , 07 2.5 X-Type
so you take it in early and it fails , you pass an ANPR or an ANPR equipped police vehicle sees you its recorded as a fail now and SUPERCEDES the previous MOT cert which still had say 3 weeks left so you could be fined for not having a valid MOT.
Whether pass or fail a vehicle must ALWAYS be in a roadworthy condition or not be dangerous as said above thats a separate matter
I'm generally in the habit of putting mine in early to gain time to shop around / do the repairs, seems to me the only way now to avoid the vehicle becoming hostage at the MOT garage or risk a fine, is to put it in for a PRE MOT not an MOT and submit it for again for a proper logged MOT after repair work or straight after if no fail items found ie you have to pay twice ( this is a practise used by many dealers disposing of trade ins so they dont show failed MOT on the MOT history when going to auction ) but offsett that cost against no risk of a fine / time to effect the repairs in the most cost effective manner . Am I right ???
 

d215yq

Senior Member
Joined
Mar 28, 2008
Messages
2,664
Reaction score
702
Age
39
Location
Valencia, Spain
Your Mercedes
1987 W124 300D 280k miles
Well the 2,500 and penalty points relates to driving a vehicle in a dangerous condition which is nothing to do with MOT. I believe the fine is 100 and zero points for just a failed MOT and police aren't allowed to stop you on a motorway as it's too "minor" an offence.

We have a worse system here: You have to display the MOT ticket in the windscreen and if you take it in early or when it's expired and they fail it they take your sticker off the windscreen off and withhold your permission to drive document...if caught driving without sticker/permission its a 500Eur fine and car taken off you. If however you drive with an out of date sticker (even from 3 years ago) a first offence is 50 EUR (which is the same cost as the test anyway) and you can carry on your journey! And they wonder why 25% of cars don't have an up to date MOT here!

I found this out when about to leave for the UK for 6 months and had 3 months left.... Was going to take it in the day before leaving so it wouldn't expire but on hearing this I just let it expire and tested it when I returned. The border police didn't even care it was out of date on returning
 

curious

Senior Member
Joined
Nov 17, 2008
Messages
570
Reaction score
346
Your Mercedes
Only the Vito left! W639/1 OM646
There's nothing in the legislation (as far as I'm aware) that states the latest MOT supercedes the previous MOT certificate.
Your vehicle has an MOT certificate that is valid for 12 months. That doesn't change.
Roadworthy is a different issue.
 

You lost your key ? Or maybe you need a spare! Your vehicle imobilliser does not respond anymore? WE CAN FIX THEM ALL !! Mobile ! Save Time and Increase Profits With us !
Top Bottom