What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
MOT Dangerous defect retest requirement - 206Hdi

Hi

In the scenario where a car fails an MOT due to both dangerous and major defects then the dangerous ones must be fixed immediately. However, if no retest is performed because more time is needed to resolve the major defects then can can the car be driven legally provided the original MOT is still current?

Thank you

MOT Dangerous defect retest requirement - badbusdriver

AFAIK, if the current MOT still valid, you can still technically drive the car until it runs out, though if it has failed a test due to dangerous and major defects this would surely be very unwise. Also bear in mind that the MOT only proves the car was roadworthy at the time it passed. If you are driving the car in full knowledge that it has dangerous faults (i.e, not roadworthy), you can still be done for it should something happen.

If the MOT has run out, you can only drive the car to a garage to have the work done (but if the defects are considered dangerous, even then, maybe getting the car towed or transported would be a better idea).

And just to clarify, I don't know this for sure, just my understanding of it. Bottom line, you shouldn't be driving the car.

Edited by badbusdriver on 28/11/2022 at 08:35

MOT Dangerous defect retest requirement - elekie&a/c doctor
Agreed as above . Current mot is still valid , but with a dangerous defect now logged on the Vosa system , if you were to get stopped by police , then it’s likely you would be charged with using a vehicle in a dangerous condition. Best advice is don’t drive it until it’s fixed.
MOT Dangerous defect retest requirement - 206Hdi

Thanks both for the quick replies.

There is no question that the dangerous fault should be fixed and goes without saying that driving a car which has issues is not wise. That said where (say) the outstanding major issue is to replace a wiper blade I think a couple of days to allow delivery would not be deemed too outrageous.

The question is, having fixed the dangerous issue but not done a retest because there is an outstanding major (eg wiper blades need replacing and they haven't been delivered) can the car be driven or must it be retested to confirm the major issue is resolved, even though it will fail due to the wiper blade.

Thanks

MOT Dangerous defect retest requirement - mcb100

www.gov.uk/government/publications/mot-changes-fro...s

Edited by mcb100 on 28/11/2022 at 09:00

MOT Dangerous defect retest requirement - 206Hdi

It is illegal to drive with a dangerous defect, that's a given. However, the question is, once fixed but before the retest is performed is it legal to drive?

I see no mention in that link that the original MOT is cancelled - in fact looking at cars that have failed due to a dangerous defect before their MOT expires their original certificate shows as valid.

MOT Dangerous defect retest requirement - mcb100
But the only validation that it has been repaired, and to a satisfactory standard, is by submitting it to an MOT.
MOT Dangerous defect retest requirement - Cris_on_the_gas

If the vehicle is repaired and satisfies the Construction and Use Regulations, then it can be legally driven. If it has not been repaired, then it can not.

MOT Dangerous defect retest requirement - 206Hdi

@MCB - Possibly correct, hence my question.

However, if the dangerous defect was tyres and that was fixed by the garage who did the MOT then in strict legal terms where does the driver stand on whether the car must be retested (garage marking their own homework!) or can it now be driven until the existing MOT expires.

My belief is that because the original MOT still shows as valid and the dangerous defect is fixed and in the absence of a clear statement to the contrary the car one might reasonably PRESUME it is legal to drive, but I don't like presuming and because it is a matter of law then I'd expect a clear statement one way or the other.

Since a dangerous defect is one that makes a car illegal to drive at any time I have to wonder if the distinction between dangerous and major really boils down to how long someone has to remedy the issues.

Edited by 206Hdi on 28/11/2022 at 09:28

MOT Dangerous defect retest requirement - mcb100
I’d be asking an MOT tester, they’re the experts in this.
MOT Dangerous defect retest requirement - elekie&a/c doctor
Yes and no . One man’s pass is another’s advise or fail . Lots of marginal areas of the test .
MOT Dangerous defect retest requirement - Terry W

A dangerous defect can be identified at an MOT or any other time.

It would be both irresponsible and probably illegal to continue to drive the vehicle until a repair has been effected. In the event of an accident insurance would be compromised. You may be open to far more rigorous prosecution were injury or death involved.

There is a fundamental difference between a dangerous and major defect - the former may be (say) failed brakes, the latter could be an emissions failure - no risk to drive but needing rectification.

MOT Dangerous defect retest requirement - Will deBeast

Driving without an MOT is regarded (in law) as an admin type error - there is a fine, but no points.

Driving a vehicle in an unroadworthy condition is regarded as a serious error - fine plus points.

Note that if the car failed an MOT with a dangerous fault, it was also dangerous driving it to the MOT - nothing has really changed, except that the danger has now be pointed out and recorded.

So ... as long as the fault has been fixed, I'd be quite content driving the vehicle. The old MOT is still valid until its expiry date. And even if the old MOT has expired, it isn't regarded in law as a serious issue - as long as the car is now roadworthy.

MOT Dangerous defect retest requirement - John F

Always fun to read threads like this. If the strict UK (and similar mainland European) MoT rules applied to our former colonies in subsaharan Africa, the roads would almost be deserted!

MOT Dangerous defect retest requirement - RT

Always fun to read threads like this. If the strict UK (and similar mainland European) MoT rules applied to our former colonies in subsaharan Africa, the roads would almost be deserted!

Their lack of MoT rules, or equivalent, is part of the reason that so many are killed or seriously innjured there.

MOT Dangerous defect retest requirement - galileo

Always fun to read threads like this. If the strict UK (and similar mainland European) MoT rules applied to our former colonies in subsaharan Africa, the roads would almost be deserted!

Their lack of MoT rules, or equivalent, is part of the reason that so many are killed or seriously injured there.

This also applies to some USA states - You Tube (Just Rolled In) has horrifying examples of corroded chassis, missing brake pads, broken discs etc.

Their road casualty rate is also higher than ours.

MOT Dangerous defect retest requirement - 206Hdi

Thank you to those who took the time to reply, appreciate the opinions.

MOT Dangerous defect retest requirement - HGV ~ P Valentine

As of 20 May 2018, the MOT test has included three new defect categories: minor, major and dangerous.

While a minor issue means your car will still pass the MOT assessment, either a major or dangerous fault results in a instant fail.

The latter - and most serious of the three - also automatically records the vehicle as no longer being road legal on the MOT digital database, meaning an owner faces a £2,500 fine if caught driving it without the necessary repair.

~~~~~~~~~~~~~~~~~~~

What can I do if my car fails MOT test because of a dangerous fault? | This is Money

~~~~~~~~~~~~~~~~~~~~~~~~

You have already had the right answer,

~~~~~~~~~~~~~~~~~~~

When we asked the DVSA to clarify the rule earlier this year, MOT service manager, Neil Barlow, said: 'If a car has failed its MOT with a dangerous fault, DVSA's advice is that it should not be driven until the defect is repaired.

'This is because it's dangerous to both the driver and other road users.'

However, he then confirmed: 'Garages are unable to prevent owners from driving their cars away.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

It will be a matter of record the car is dangerous and as such you will have no defence.

MOT Dangerous defect retest requirement - Brit_in_Germany

Rubbish. If the defect has been remedied, the car is no longer dangerous to drive.

MOT Dangerous defect retest requirement - Xileno

Maybe I've missed something but I don't think that's been argued against?

MOT Dangerous defect retest requirement - Will deBeast

DVSA tried to play up the 'if you have a dangerous fault the car is flagged as illegal to drive' line on gov.uk for the first few months after the new rules. Lots of newspapers reported the line as gospel, including the myth that the old MOT was somehow immediately cancelled.

The problem was that the primary legislation had not been changed, so DVSA were overstepping their powers. The law is not explicit on what makes a vehicle dangerous to drive - but it is usually taken to mean tyres, brakes, steering, body integrity.

I think there must have been some push back behind the scenes (I know that I was one of the people who wrote to them). DVSA changed the wording back to the way it was previously.

To take an extreme example. I might have a dangerous fail on a tyre. If I pop the spare on, the dangerous fault has been removed. Common sense has returned and the old MOT is still valid until its expiry date.

Edited by Will deBeast on 13/12/2022 at 07:14