Mot failure regulations.

[Skyclad]

None of my cars have failed MOT's in recent years so I dont know if this is still valid. If a car failed the MOT it would state on the failure certificate whether or not the car could be driven away from the testing station. Any "dangerous" fault would be highlighted and the car would have to be repaired on the spot or towed away. Minor faults would not be regarded as dangerous and you would be allowed to drive it away.

 

[dedicatedtoMB]

Unjust action

Sadly the old bill are correct. An MOT is technically only valid on the day (if not the hour) it is done. the reason being that it is a declaration that the vehicle is road worthy at the point of inspection. good example is if you drive out of an MOT station with a pass certificate and then get a crack in the windscreen it would fail an MOT. In this case the latest failure certificate supercedes the pass some months ago.
Another point is that cars can only be driven to an MOT test centre for a pre-booked appointment (even with trade plates) so the fact that he was driving home with (in the eyes of VOSA) an unroad worthy car would have given the police cause to stop him.
Have the police acted fairly. No, they could have excersized discretion but when did they last do that?
I am not a lawyer so cannot give much more opinion than that, with the above being based on 25 years motor trade experience.
If the car has been impounded they will be unlikley to waive storage charges as they are incurred from a third party, however with a bit of careful negotiation they may consider dropping the charges.
Lets hope they see reason

 

[dieselman]

In this case the latest failure certificate supercedes the pass some months ago.

We've already clarified the legal position and no it doesn't, the original certificate is still in force.

Another point is that cars can only be driven to an MOT test centre for a pre-booked appointment (even with trade plates) so the fact that he was driving home with (in the eyes of VOSA) an unroad worthy car would have given the police cause to stop him.

The police may stop and check, but the car still had valid MOT cover until the expiry of the original certificate.
One may drive to and from a pre-booked test and to and from a place of repair. It clearly states this on the failure notice and VOSA have confirmed the same.

I hope your position in the motor trade isn't to do with driving legalities.


I can't believe this thread is still running....!!

 

[Miffy]

We've already clarified the legal position and no it doesn't, the original certificate is still in force.
!

Yes, I had it direct from the police information site. search for my posts in this thread as I have copied the email they sent me. The original MOT certificate is valid until its listed expiry date, irrespective of a new failure MOT. Weather it is also legal to drive at any time, be it 1 day after your MOT, or after the failure is another matter and will be subject to interpretation by the officer who is inspecting your car. But it will not flag up on ANPR as a car with no MOT certificate.

 

[Quick Silver]

it will not flag up on ANPR as a car with no MOT certificate.[/QUOTE]


Yes it will thats why the car got stopped in the first place !
If you look on the DVLA database it will give you the current details of any MOT (fail or otherwise) you may have and not the former. ANPR IS UPDATED EVERY 12 HOURS, SO IF YOU ARE UNLUCKY TO GET A FAILURE AT THE 11TH HOUR THEN YOU WILL BE NICKED.
Also on the back of the failure certificate it highlights that you may not be covered by insurance.

Any new posters with comments to make please read the post from the beginning.

 

[mandrake]

i used to be in the motor trade many years ago ,so this is only my opinion ,right or wrong . so we all look after our cars it would be silly not to ,if you do your own maintainance then you will check for any defects and replace any parts that need it thus making shure that your car is road worthy at all times after all we all carry our loved ones it them dont we .if you take your car to a garage then that garage is under an legal and moral obligation to inform you of any defects they find so you will get the job done if you have any sence, hence your car will never be unroad worthy will it ??? when it comes to mot time ,you can take your car in up to 1 month before the expiry date ,so that means you will never be on the road with out a valid mot will you, and if the car has been properly maintained as apposed to( serviced total different meaning ) then you will not be running an unroadworthy car and never have a fail will you, so then you will not have any problems with mr plod taking your car or giving you a ticket so to sum up maintain your car properly and you will never have a problem . and i am sorry but taxis can and are some of the the worst offenders. radio cabs in bridgend south wales for one do, and at this moment run unroad worthy cars ie tyres below the limit for one and i have noticed faulty lights and accident damage to more than one car yesterday. there are some real heaps running round as taxis. in fact one company here is reputed to have had some cars impounded through using red diesel these are the owner drivers not the companies cars by the way

 

[dieselman]

Yes it will thats why the car got stopped in the first place !
If you look on the DVLA database it will give you the current details of any MOT (fail or otherwise) you may have and not the former. ANPR IS UPDATED EVERY 12 HOURS, SO IF YOU ARE UNLUCKY TO GET A FAILURE AT THE 11TH HOUR THEN YOU WILL BE NICKED.
Also on the back of the failure certificate it highlights that you may not be covered by insurance.

Which is wrong as the insurance cover cannot be cancelled by anyone other than the insurance company and they will always honour the Road Traffic Act part of the cover, whatever.

I still don't see how recording a failure means the original cert date is overwritten on the database. All it means is that the car has failed a test, not that it has no MOT.

Your collogue should mount a legal case against the Police, for no other reason that to ensure there is never a repetition. Due to ignorance they impounded his car illegally and caused him hardship when he was acting within the Law.

 

[Quick Silver]

i used to be in the motor trade many years ago ,so this is only my opinion ,right or wrong . so we all look after our cars it would be silly not to ,if you do your own maintainance then you will check for any defects and replace any parts that need it thus making shure that your car is road worthy at all times after all we all carry our loved ones it them dont we .if you take your car to a garage then that garage is under an legal and moral obligation to inform you of any defects they find so you will get the job done if you have any sence, hence your car will never be unroad worthy will it ??? when it comes to mot time ,you can take your car in up to 1 month before the expiry date ,so that means you will never be on the road with out a valid mot will you, and if the car has been properly maintained as apposed to( serviced total different meaning ) then you will not be running an unroadworthy car and never have a fail will you, so then you will not have any problems with mr plod taking your car or giving you a ticket so to sum up maintain your car properly and you will never have a problem . and i am sorry but taxis can and are some of the the worst offenders. radio cabs in bridgend south wales for one do, and at this moment run unroad worthy cars ie tyres below the limit for one and i have noticed faulty lights and accident damage to more than one car yesterday. there are some real heaps running round as taxis. in fact one company here is reputed to have had some cars impounded through using red diesel these are the owner drivers not the companies cars by the way

It doesnt have to be a mechanical defect either, in this case it was failed om exhaust emissions

 

[Quick Silver]

Which is wrong as the insurance cover cannot be cancelled by anyone other than the insurance company and they will always honour the Road Traffic Act part of the cover, whatever.

I still don't see how recording a failure means the original cert date is overwritten on the database. All it means is that the car has failed a test, not that it has no MOT.

Your collogue should mount a legal case against the Police, for no other reason that to ensure there is never a repetition. Due to ignorance they impounded his car illegally and caused him hardship when he was acting within the Law.

Doesn't any anybody ever read a thread from the beginning and just dive in the deep end , this was resolved without any convictions, nor tow/storage fees paid, common sense and joint collective action won the day.

 

[dieselman]

Doesn't any anybody ever read a thread from the beginning and just dive in the deep end , this was resolved without any convictions, nor tow/storage fees paid, common sense and joint collective action won the day.

I was replying tot eh comments made in your post, although they had been covered earlier in the thread....hadn't you read it from the start...

 

[mandrake]

Doesn't any anybody ever read a thread from the beginning and just dive in the deep end , this was resolved without any convictions, nor tow/storage fees paid, common sense and joint collective action won the day.

glad your problem was sorted you must be relived ,but i think people carry on a good and intresting thread, so many differing opinions about a topic but some threads seem to run on and on .even when the orig point is or has been resolved