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Reeventu



Member Since: 16 Jan 2011
Location: Hampshire
Posts: 237

England 2013 Freelander 2 SD4 HSE Lux Auto Baltic Blue
MOT

You probably all new this but it was , although perhaps obvious, new to me

http://www.motoringresearch.com/car-news/c...nt-expired

Post #288859 31st Jan 2016 10:02 am
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shiggsy



Member Since: 13 Jan 2013
Location: Kent
Posts: 799

United Kingdom 2007 Freelander 2 TD4 HSE Auto Baltic Blue

Driving a vehicle that’s failed

You can take your vehicle away if your MOT certificate is still valid.

If your MOT has run out you can take your vehicle to:
have the failed defects fixed
pre-arranged MOT test appointment


https://www.gov.uk/getting-an-mot/after-the-test 
Hung like Einstein, smart as a horse.

Post #288860 31st Jan 2016 10:15 am
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Reeventu



Member Since: 16 Jan 2011
Location: Hampshire
Posts: 237

England 2013 Freelander 2 SD4 HSE Lux Auto Baltic Blue

You can take your vehicle away if your MOT certificate is still valid.

No I do not believe you can


The Driver and Vehicle Standards Agency (DVSA) has updated its guidelines, saying: “You must not drive the vehicle on the road if it fails the test, even if the MOT hasn’t run out.”

It adds that the only exceptions are to drive to have the defects fixed, or to a pre-booked MOT appointment.

Post #288871 31st Jan 2016 11:11 am
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shiggsy



Member Since: 13 Jan 2013
Location: Kent
Posts: 799

United Kingdom 2007 Freelander 2 TD4 HSE Auto Baltic Blue

That is copied form the Gov website that I provided a link for, take a look. 
Hung like Einstein, smart as a horse.

Post #288877 31st Jan 2016 11:28 am
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Landiroamer



Member Since: 30 Apr 2015
Location: Devon
Posts: 1185

United Kingdom 2015 Freelander 2 TD4_e SE Manual Orkney Grey

This quote though
It adds that the only exceptions are to drive to have the defects fixed.

Doesnt seem to mention how far that it can be driven afterwards to be fixed does it, i mean if the only specialist is in Aberdeen and you live in Cornwall, one assumes its ok to drive it all the way then??

Post #288880 31st Jan 2016 11:32 am
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shiggsy



Member Since: 13 Jan 2013
Location: Kent
Posts: 799

United Kingdom 2007 Freelander 2 TD4 HSE Auto Baltic Blue

That's if your MOT has run out.

Police would just have to ask where you have it booked into and then confirm with the garage. 
Hung like Einstein, smart as a horse.

Post #288889 31st Jan 2016 11:43 am
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Past master



Member Since: 30 Jun 2010
Location: Isle of Ely
Posts: 2710

United Kingdom 

The motoringresearch web site appears to mis-interpret the government advice. I would stick to the government advice (possibly with a printed copy in the car!).
I once had a Discovery failed on brake performance. Ridiculous as the brakes were fine - just drove it to another station and it passed. Couldn't be bothered to appeal, but never went back there.
There was the famous case of the firm - I think they were in Scotland - that bought a few busses in fairly dodgy condition in London. Booked an MoT locally and drove them there all the way up the A1.
However as both quoted sites point out, the vehicle must be roadworthy. If say the brakes don't work properly then it's still illegal to drive it, MoT or not. Ex AA Series III LWB Safari - Gone
300TDi Disco (bought new - terrible car) sent back after 18 months
Freelander 1 Estate - leased, given back at end of lease
200TDi Disco (bought from a mate with 100,000 on the clock) - Gone
Disco 2 TD5 - sold and exported to France
FR2 TD4 GS - Gone
FR2 SD4 HSE - Now changed for a DS
New model ex-demo Evoque S 180 in white
Unable to order a new DS, so gave up. Now have a Volvo S90 Recharge.

Post #288893 31st Jan 2016 11:56 am
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Reeventu



Member Since: 16 Jan 2011
Location: Hampshire
Posts: 237

England 2013 Freelander 2 SD4 HSE Lux Auto Baltic Blue

the following is taken from the government site.

the issue is that if it fails it would not be roadworthy therefore you cannot drive it until it is shown to be roadworthy, surely the issue of a new MOT ( whatever we think of that standard )

I suspect that now it is all online and available to the police, you could be in a spot of bother if stopped, and maybe uninsured .

I am not suggesting anything other than it may prove to be a problem

From the Gov. site

You can take your vehicle away if your MOT certificate is still valid.

If your MOT has run out you can take your vehicle to:

have the failed defects fixed
a pre-arranged MOT test appointment

In both cases, your vehicle still needs to meet the minimum standards of roadworthiness at all times or you can be fined.

Post #288899 31st Jan 2016 12:22 pm
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Landiroamer



Member Since: 30 Apr 2015
Location: Devon
Posts: 1185

United Kingdom 2015 Freelander 2 TD4_e SE Manual Orkney Grey

Of course where all this falls down is if youve a car pre 1960 it doesnt need to go for an MOT anyway, so you could be driving a load of rubbish on the road everyday unaware it has a serious fault.
Is as long as you think its ok then its ok type of thing, until it hits someone else.

Post #288902 31st Jan 2016 12:34 pm
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Quentyn



Member Since: 08 Jun 2015
Location: London
Posts: 70

the problem is that the .gov.uk site doesn't say what the article says ie ( from the .gov.uk web page referenced in the article

"Driving a vehicle that’s failed

You can take your vehicle away if your MOT certificate is still valid.

If your MOT has run out you can take your vehicle to:

have the failed defects fixed
a pre-arranged MOT test appointment

In both cases, your vehicle still needs to meet the minimum standards of roadworthiness at all times or you can be fined. "

so where does it say that

"But now the Driver and Vehicle Standards Agency (DVSA) has updated its guidelines, saying: “You must not drive the vehicle on the road if it fails the test, even if the MOT hasn’t run out.”"

not on the link provided in the article the quotes comes from - that's for certain

in fact searching for the "quote" in the article only references back to the article

https://www.google.co.uk/search?q=But+now+...mwGDpICADA


and not to a DVSA website or standard

Post #288907 31st Jan 2016 1:02 pm
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dorsetfreelander



Member Since: 20 Jul 2013
Location: Dorset
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United Kingdom 2014 Freelander 2 SD4 XS Auto Loire Blue

In 2014 my wife's Peugeot 207 failed with broken rear springs (common fault) at Kwik Fit. I asked if it was OK to take it home and fix it and they said yes, just tell us when you are bringing it in for a retest. I suppose I could argue that I was taking it to a place for repairs (ie home). 3 x FL1 2 manual + 1 auto
5 x FL2 4 manual + 1 auto
Now Discovery Sport P250 MHEV SE

Post #288910 31st Jan 2016 1:27 pm
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Steve D



Member Since: 19 Jan 2013
Location: Essexshire
Posts: 4109

United Kingdom 

As far as I am aware, if a car fails it's mot and it doesn't have an mot, you can drive it home or to a place of repair. With no mot, from home you can drive it to a place of repair and also to an mot test station for rest or retest. With an mot, you can continue driving. In all cases though, if you are stopped by the police and if a defect us found on the vehicle, either having or not having an mot will not prevent you from being prosecuted under the relevant laws. There will never be a law that prevents you from driving your vehicle away from a test centre if your car has failed the test. There are many items that, if failed, allow you to return to the same test station for a free retest by the end of the next working day so that mot rule on its own confirms that you CAN drive a failed car away from a test station although as mentioned, you could still be prosecuted for its use. Past: FL2 TD4 HSE Auto
Evoque SD4 Dynamic Lux Auto
Present: Audi A3 S Line.

Post #288944 31st Jan 2016 5:21 pm
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Dartman the one



Member Since: 04 Apr 2013
Location: Seville, Spain
Posts: 1681

England 

It says you can take your vehicle away, not drive your vehicle away, you cannot drive an unworthy road vehicle, but it is not unroadworthy on emission failure, seatbelts at the time not being used that are defective,and other such defects that at the time of driving are not a safety issue. You may have to attend a court to receive a possible definition or not Sad my PC is slightly to the right of Genghis
2012 HSE SD4 In Orkney Grey now gone, best car ever.

Post #288953 31st Jan 2016 6:39 pm
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Steve D



Member Since: 19 Jan 2013
Location: Essexshire
Posts: 4109

United Kingdom 

It says you can take your vehicle away under the 'Driving your vehicle thats failed' section. You can drive it away. See my post above. I am a registered MOT tester. In 35 years, I've never heard of a car being stopped from being driven away from a test station after it had failed. Past: FL2 TD4 HSE Auto
Evoque SD4 Dynamic Lux Auto
Present: Audi A3 S Line.

Post #288984 31st Jan 2016 9:28 pm
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choccymonster



Member Since: 27 Sep 2013
Location: Chichester, West Sussex
Posts: 513

United Kingdom 2007 Freelander 2 TD4 HSE Manual Tambora Flame

^^^ What Steve said is correct. ^^^

If you still have a valid MOT certificate in force at the time of the failure, you can still drive your car away; you will not be committing the offence of operating a vehicle without a valid MOT certification.

That said, if the nature of the MOT failure highlights an issue that makes your car fail to meet the minimum standard of roadworthiness, then the driver has an incumbent responsibility to not operate that vehicle in such a state. The penalty for which could be a fine of up to £2500 and 3 penalty points.

We should not confuse the varying levels of "roadworthiness" and the MOT test. Just because you vehicle fails an MOT test does not mean it is (necessarily) unroadworthy. It could still meet the minimum requirements set down in the Road Vehicles (Construction and Use) Regulations and Road Vehicles Lighting Regulations, which is what would be required to meet the minimum level of roadworthiness and therefore be permitted to be driven on the public road (as long as a valid MOT certificate is in force).

Post #288999 31st Jan 2016 11:41 pm
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