What fails an MOT?
Your car can fail its MOT due to one or more defects marked as either dangerous or major.
Driving if failing your vehicle’s MOT due to dangerous defect
If your car fails its MOT due to a dangerous defect, then you cannot legally drive it even if the old MOT is still valid.
This is because your vehicle in this state mechanically poses a severe risk of harm or loss of life to yourself and others while on the road.
Driving if failing your car’s MOT due to a major defect
If your car failed the MOT but because of a major defect, you can drive your vehicle away (it must still be roadworthy).
However, you are only permitted to drive it to or from a prebooked MOT or repair. You cannot make stops along the way, not even for groceries or drop-offs. Parking your vehicle on the road without an MOT is also a criminal offence.
You may drive any distance for a prebooked MOT or repair but there’s the letter and then there’s the spirit of the law. If stopped by police, you could still be subject to prosecution for the defects on your car without a valid MOT.
Can an MOT tester impound your vehicle?
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.”
Who’s going to know if I just drive my car anyway?
Police use Automatic Number Plate Recognition (ANPR) cameras to tie your car’s MOT status to your identity.
Someone may report you for driving with no MOT. 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.
While MOT failures and driving restrictions can be frustrating, this process is in place for good reason. If you drive without a valid MOT you’re putting others at risk as well as yourself.
How can I get back on the road safely and legally If my car is considered dangerous?
Appeal the MOT result
Do this by submitting a VT17 complaint form within 14 days of your MOT result.
If you had problems with the MOT test centre you can complain to Trading standards, report the centre to the police, or take independent legal action.
Repair and retest your car
Some MOT test centres also offer vehicle repairs. If these repairs are done within 10 days of the test, you can do a partial retest. This partial retest just checks for the issues that caused the MOT failure.
Some test centres will offer a free retest if you leave your vehicle with them. If your car fails its MOT without any ‘dangerous’ faults, you can choose to have repairs done at a different garage and then bring it back for a partial retest.
In this case, the test centre may charge a reduced fee. However, if you return the vehicle more than 10 working days after the initial failure, you’ll need to pay the full MOT test fee.
Sell or scrap your vehicle
If it would be prohibitively expensive to repair your vehicle, it may be worth recouping some of the cost of your car by selling or scrapping it.
The latter is more likely as most dealerships and private buyers won’t buy a car with a failed MOT (though it is possible). You can take your car to a scrapyard or ATF.
Lease a Temporary Car
While you get your car replaced or repaired you can drive one from a car leasing service.
We happen to specialise in this, with terms ranging from as little as 1 month all the way to 12 months.
Use our car leasing service while you update your MOT
Please click here to find out more about our car leasing services and fantastic offers for both business and personal customers, or give us a call on 0800 311 8290. Or why not check out our latest special offers here?
Alternatively, you can drop us a quick email on hello@autohorn.co.uk and we’ll gladly answer any leasing questions you may have.
Find out more about our car leasing services and fantastic offers for both business and personal use. Give us a call today on 0800 311 8290.
