Driving with a failed MOT

[Shed TVR]

Hi all,

Unfortunately my car failed it's MOT on emissions today (lambda fast idle was slightly out) which is classed as a "major defect". I still have an existing MOT until 11th November as I took it in early. The garage are telling me I can only drive the car home or to a garage to have it fixed, and I can't commute in it until it's passed. I had a look online and my understanding is I would only not be allowed to drive it if it had a "dangerous defect" or if it didn't meet the government standards for roadworthiness, which I think it does.

Can anyone advise about this?

Thanks,

Owen

[loskie]

Do you have an EXISTING MOT or does the Failed MOT you had cancel that out?


I'd guess at the latter.

What does the online MOT check say?

[vaud]

Either way your chances of getting pulled for it are incredibly small.

[Shed TVR]

Here's what it says online:





Thanks for the help.

[loskie]

that looks like you are covered. TBH I'm surprised.

[E-bmw]

^^^^ Wot 'e said.

Is the correct answer, a fail doesn't cancel out a current MOT.

[Cliftonite]

Your current MoT certificate is valid until its own expiry date.

This question has been raised (and answered) many times on this site.

HTH.

[Sheepshanks]

loskie said:

that looks like you are covered. TBH I'm surprised.

You must have missed the 999,999 times this question has been asked and answered previously.

I feel obligated to mention that regardless of absolutely anything, it’s still an offence to use the car if it’s unroadworthy.

[Clockwork Cupcake]

Failing an MoT does not invalidate your MoT.

However... a valid MoT just means that you have a valid MoT. A car that fails any of the Construction and Use Regulations (upon which the MoT is based) can still be deemed illegal by a stop check and the owner prosecuted for having an unroadworthy vehicle.

The chances of this happening are slim though.

In the event of a collision your insurance company could try to wriggle out of paying based on this, though.

Roll the dice.

[Simpo Two]

E-bmw said:

Is the correct answer, a fail doesn't cancel out a current MOT.

When my car failed its MOT a month ago (leaky shock absorber and faulty brake light) the garage told me that a fail certificate over-rode the old MOT certificate.

And so as far as I was concerned, with no MOT the insurance would have been void so I stayed at home, other than to get it fixed.

Should tell the garage they were wrong?

[Cat]

Simpo Two said:

When my car failed its MOT a month ago (leaky shock absorber and faulty brake light) the garage told me that a fail certificate over-rode the old MOT certificate.

And so as far as I was concerned, with no MOT the insurance would have been void so I stayed at home, other than to get it fixed.

Should tell the garage they were wrong?

What the garage told you was incorrect. Whether you want to tell them that is totally up to you.

Lack of MOT doesn't invalidate insurance.

Cat

[Clockwork Cupcake]

Simpo Two said:

When my car failed its MOT a month ago (leaky shock absorber and faulty brake light) the garage told me that a fail certificate over-rode the old MOT certificate.

That is absolutely incorrect. However, it could be used as evidence if you were prosecuted for driving an unroadworthy vehicle.

[Clockwork Cupcake]

Cat said:

Lack of MOT doesn't invalidate insurance.

Are you sure about that? I wouldn't want to bet the value of my car on that, in the event of an insurance non-payout.

Insurance companies can and do slither out of payment over all sorts of reasons. And if you were stopped, and spot checked, and were deemed to be driving an unroadworthy vehicle, and then you had a shunt. your insurer may well refuse to pay out on the grounds that your vehicle was unroadworthy. Even though you had a valid MoT.

Also, having a valid MoT is absolutely a prerequisite for getting motor insurance (for driving on the road). You will not be able to insure a car for road use if you do not have valid VED and MoT.

Cheers
The Moose

Edited by Clockwork Cupcake on Saturday 19th October 15:24

[Shed TVR]

Apolgies did not realise this question had been asked before, I spent a long time googling but did not think to search on here before posting for whatever reason.

Clockwork Cupcake said:

Failing an MoT does not invalidate your MoT.

However... a valid MoT just means that you have a valid MoT. A car that fails any of the Construction and Use Regulations (upon which the MoT is based) can still be deemed illegal by a stop check and the owner prosecuted for having an unroadworthy vehicle.

The chances of this happening are slim though.

In the event of a collision your insurance company could try to wriggle out of paying based on this, though.

Roll the dice.

Good point - but I guess my question would be is lambda outside limits at high idle considered un-roadworthy? I agree with you on the insurance but my argument would be that it still meets the definition of roadworthiness laid out by the government:

https://www.gov.uk/check-vehicle-safe

Regardless I will get it fixed ASAP.

Clockwork Cupcake said:

Simpo Two said:

When my car failed its MOT a month ago (leaky shock absorber and faulty brake light) the garage told me that a fail certificate over-rode the old MOT certificate.

That is absolutely incorrect. However, it could be used as evidence if you were prosecuted for driving an unroadworthy vehicle.

This is exactly what this garage told me (halfords). I mentioned it is not a dangerous category fail and he still said the same thing.

Thanks for the help all.

[Mr Pointy]

Clockwork Cupcake said:

Cat said:

Lack of MOT doesn't invalidate insurance.

Are you sure about that? I wouldn't want to bet the value of my car on that, in the event of an insurance non-payout.

Insurance companies can and do slither out of payment over all sorts of reasons. And if you were stopped, and spot checked, and were deemed to be driving an unroadworthy vehicle, and then you had a shunt. your insurer may well refuse to pay out on the grounds that your vehicle was unroadworthy. Even though you had a valid MoT.

Also, having a valid MoT is absolutely a prerequisite for getting motor insurance (for driving on the road). You will not be able to insure a car for road use if you do not have valid VED and MoT.

Youre conflating two issues. Not having a MoT is not the same as driving an unroadworthy vehicle. It may be unroadworthy, but it may not.

[stevemcs]

The only time it shouldn’t be driven is if it’s a dangerous defect, all other times they can be used, either you fix it in 10 working days for a retest or up until its date of expiry and then a full test

Even as a dangerous defect they cannot stop you driving it, we advise against it but it’s on the owner and a bit of a grey area around insurance

[Clockwork Cupcake]

Shed TVR said:

This is exactly what this garage told me (halfords). I mentioned it is not a dangerous category fail and he still said the same thing.

Sounds like arse-covering to me.

My layperson's opinion would side with you. If you were prosecuted you would have a strong case, I am sure, but it would still be something that you would have to defend.

Personally I would be looking to rectify the cause of an MoT fail ASAP just for peace of mind.

[Clockwork Cupcake]

Mr Pointy said:

Youre conflating two issues. Not having a MoT is not the same as driving an unroadworthy vehicle. It may be unroadworthy, but it may not.

Perhaps but my point(y) still stands.

[vaud]

Clockwork Cupcake said:

Are you sure about that? I wouldn't want to bet the value of my car on that, in the event of an insurance non-payout.

Insurance companies can and do slither out of payment over all sorts of reasons. And if you were stopped, and spot checked, and were deemed to be driving an unroadworthy vehicle, and then you had a shunt. your insurer may well refuse to pay out on the grounds that your vehicle was unroadworthy. Even though you had a valid MoT.

Also, having a valid MoT is absolutely a prerequisite for getting motor insurance (for driving on the road). You will not be able to insure a car for road use if you do not have valid VED and MoT.

Cheers
The Moose

Edited by Clockwork Cupcake on Saturday 19th October 15:24

You need a mot to take out a policy.

“If your vehicle has failed an MOT test booked prior to its expiry date then insurers will often cover the vehicle up until its expiry, unless the vehicle is listed as having dangerous faults on the MOT. We recommend contacting your insurer to ensure they provide cover following an MOT failure.”

From kwikfit (who will probably my have checked it)

[98elise]

Clockwork Cupcake said:

Cat said:

Lack of MOT doesn't invalidate insurance.

Are you sure about that? I wouldn't want to bet the value of my car on that, in the event of an insurance non-payout.

Insurance companies can and do slither out of payment over all sorts of reasons. And if you were stopped, and spot checked, and were deemed to be driving an unroadworthy vehicle, and then you had a shunt. your insurer may well refuse to pay out on the grounds that your vehicle was unroadworthy. Even though you had a valid MoT.

Also, having a valid MoT is absolutely a prerequisite for getting motor insurance (for driving on the road). You will not be able to insure a car for road use if you do not have valid VED and MoT.

Cheers
The Moose

Edited by Clockwork Cupcake on Saturday 19th October 15:24

If your insurance doesn't mention MOT or being roadworthy then they cannot "slither out of it".