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My diesel Astra suffered engine failure during an MoT - should the testing centre cover the repair cost?

I hope you can advise me on problems with an MoT test I have had on my Astra 1.7d Merit (mileage 118,000) recently. The test was carried out and I was given a failure notice on emissions, plus a couple of unrelated issues, and advised by the mechanic that he had noticed the oil warning light had stayed on. Then, after paying, I was given the keys to the car, which was parked in their car park at that stage.

On starting the car it was obvious that the engine was missing one cylinder and not drivable, so I returned to the office and asked what had happened, and they said they were unaware of anything but they would have a look. I later got a call saying that the camshaft had broken and it would cost £450 to fix. I went back to the garage and, after having a look for myself, it was obvious that it was a valve rocker and not the cam that had failed. After questioning the validity of an emissions test during which the engine had failed and making it plain that I was very unhappy at not being told about it, I was told that they had to put the car through the procedures required under the MoT and they were not responsible for the outcome.

I have offered to supply new parts if they would fit them F.O.C. However, they have said they will not do this and all they are prepared to do is fit new parts supplied by me and charge £120 for the work. The garage in is a member of the Motor Codes Scheme for Excellence (whose relevant complaint form I've completed and returned but have not received a response to so far). I would very much appreciate your thoughts on this situation, as the car was running sweetly and used no oil before.

Asked on 23 February 2011 by AD, via email

Answered by Honest John
Diesel engines have to be revved to their governed limit for the smoke opacity part of the MoT test. If the timing belt breaks or the engine breaks for any other reason during this prescribed part of the test it is regarded as the responsibility of the owner for not having submitted the vehicle in a fit condition for the test. You are carefully advised of this before the test and VOSA has produced a warning card to that effect.
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