Motorists left confused as to whether you can or can’t drive away following an early MOT test fail.
Motorists in the UK are increasingly concerned about whether they could be prosecuted for driving their car after it has failed an MOT test – even if the old certificate has not yet expired.
A number of drivers continue to submit their vehicles for an early MOT test to check for any faults in advance, assuming it is acceptable to carry on using the vehicle until the current certificate runs out.
However, recent changes to MOT rules have caused confusion, with some websites suggesting that drivers can still legally use their car with a valid MOT certificate, even if an early test has found the vehicle to be unroadworthy.
In response, the Driver and Vehicle Standards Agency (DVSA) has updated its guidelines to clarify the situation. The agency states: “You can take your vehicle away if your MOT certificate is still valid.”
However, motorists are being warned that driving a car you know to be technically unroadworthy could still lead to prosecution if stopped – and there is no wriggling out of it, as the MOT fail sheet serves as proof of the vehicle’s condition.
So, can you drive away after an MOT failure?
In simple terms, you may drive your vehicle away following an MOT failure – even if your previous MOT certificate is still valid – unless a dangerous defect has been recorded. In that case, the car is deemed to fall below the minimum legal standards of roadworthiness.
The usual rules still apply: you must repair the defect and have the vehicle retested and passed within the appropriate timeframe. A motorist caught driving a vehicle in a dangerous condition could face a fine of up to £2,500, three penalty points, and even a driving ban.
Some people have questioned whether an MOT tester has the authority to detain a vehicle that has failed due to a non-dangerous defect. According to a DVSA spokesperson: “No MOT station can impound a car, even if they find a dangerous defect. You are within your rights to have the car towed elsewhere for repairs.”
However, they added: “It’s a grey area regarding dangerous and non-dangerous defects. Ultimately, if you drive the car away and something happens, you’re still liable.”
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