And vice versa! If, for example, you removed your front bumper, exposing some sharp edges that could do serious damage to a pedestrian if you hit them, then you would quite rightly be nicked. I think the same may also apply to bonnet mascots as they were deemed a danger to pedestrians. However, a car can only fail the mot for exposed sharp edges if they were caused by accident damage or corrosion, so that car would pass! There are other examples where construction and use regs do not seem to be in line with mot regs. Past: FL2 TD4 HSE Auto
Evoque SD4 Dynamic Lux Auto
Present: Audi A3 S Line.

choccymonster wrote:

^^^ 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).

If mine failed because the air bag light was inop, I would drive it away to get it fixed. If it failed due to "poor braking efficiency" or a similar un-roadworthy related defect which could cause harm to self or others then I would not drive it away. LR Freelander 2 2014 metropolis SD4 auto in Loire Blue.
LR Freelander 2 2011 facelift HSE SD4 auto in Firenze Red + Premium pack & cold weather pack (affectionately known as Eve) Sadly written off in an RTA Insurance write off December 2022😢.
Vauxhall Astra 67 plate
Subaru Impreza 2008 (Sold 2016)
Vauxhall Adam 1.4 Glam 2015 (sold 2017) (affectionately known as Adam)

Whether we agree or not surely an MOT failure by default means in the eyes of the law it is unroadworthy ?

In times past we could wave a piece of paper to the law and say here is my MOT ( It could be the one that did not expire for up to 4 weeks time ). With current technology would not the latest test ( taken early or not ) be the one on the database and hence the one picked up by roving police cars and fixed cameras ?

If that latest recorded a failure , or no MOT then perhaps a fine or penalty could be imposed , unless you were on your way for a retest or to be repaired ( Maybe needing to prove it was booked in for said repair )

For something that is so important (MOT test) and has a direct bearing on the safety of people, the rules / regulations have too many grey areas IMO.
Number plates should be clearly legible to someone standing 20 metres away from the car. So a dirty unreadable number plate is an MOT failure?
Does that make the car unroadworthy?

Im not a tester by the way, nor am I agreeing or disagreeing with others opinions, I just think the whole thing needs a major rethink and an improvement in the clarity of the legislation and understanding. LR Freelander 2 2014 metropolis SD4 auto in Loire Blue.
LR Freelander 2 2011 facelift HSE SD4 auto in Firenze Red + Premium pack & cold weather pack (affectionately known as Eve) Sadly written off in an RTA Insurance write off December 2022😢.
Vauxhall Astra 67 plate
Subaru Impreza 2008 (Sold 2016)
Vauxhall Adam 1.4 Glam 2015 (sold 2017) (affectionately known as Adam)

I think a cracked number plate can be a failure even? if not it will certainly get an advisory mention you ought to get it fixed type of thing.

Theres also where a car used to fail at one station, be taken straight to another and pass on that part without a mention, and in theory every test should come up identical, but it all depends on the tester involved, his opinion where something might be borderline.
Then theres the comment I have a friendly MOT tester and he will pass it because hes my mate and I buy him a pint in the pub on Fridays type of thing, he knows me and he knows I will fix it if he gives me a pass with a wink?
Some testers have been caught out in the past on a particular fault on a particular model and will go straight for that area each time, others might miss it

If something very obviously faulty it will get picked up, but its the bit in between nearly and not quite thats the grey area.

Then they say an MOT is only good at the time its done and it could fail after driving away, which sometimes cars do as the extremes of testing the braking system can cause a fault later as its weaken something that passed at the time but hours later failed, in other words the actual carrying out of the test has now made the car dangerous?

Ive never understood why the law enforcement etc harass and chase and threaten if you are driving without tax which has no impact on road safety or threat to life, and yet a car could get away with not having an MOT and there be no follow up action unless physically caught.

I know under the new and current systems that you cant get tax without an MOT or Insurance which are both on national databases but there are so many different ways to get around the system or mistakenly fall foul of it. In theory you could get tax and insurance with 4 weeks left to run on MOT and then let the MOT expire and get away with it for 11 months.

RedMike wrote:

If mine failed because the air bag light was inop, I would drive it away to get it fixed. If it failed due to "poor braking efficiency" or a similar un-roadworthy related defect which could cause harm to self or others then I would not drive it away.

I see What you are saying Steve. I guess I am lucky in that being connected to the MV trade all my working life, my cars are tested at a garage I know and trust. Some don't have that luxury and may call coul of the scenario you described. LR Freelander 2 2014 metropolis SD4 auto in Loire Blue.
LR Freelander 2 2011 facelift HSE SD4 auto in Firenze Red + Premium pack & cold weather pack (affectionately known as Eve) Sadly written off in an RTA Insurance write off December 2022😢.
Vauxhall Astra 67 plate
Subaru Impreza 2008 (Sold 2016)
Vauxhall Adam 1.4 Glam 2015 (sold 2017) (affectionately known as Adam)