MOT Failure-emmisions-legality of driving ?
#1
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MOT Failure-emmisions-legality of driving ?
The car failed the MOT on Friday on the emissions /lambda readings. I will have it sorted very soon.
However...
It is just possible that over the next 2/3 days we 'may' have to make a 400 mile round trip because if family illness.
The current MOT on the car does not expire until March 1st 2009 but it now has the failure notice. Is it legal to drive ? What happens if I pass an
ANPR, site-could the car be seized ? What about a RTA, would my insurance be invalid ?
You can see my problem, the car will be sorted asap but I might urgently need it before.
What is the legal situation ?
Cheers and thanks for any knowledge/information.
JBL
However...
It is just possible that over the next 2/3 days we 'may' have to make a 400 mile round trip because if family illness.
The current MOT on the car does not expire until March 1st 2009 but it now has the failure notice. Is it legal to drive ? What happens if I pass an
ANPR, site-could the car be seized ? What about a RTA, would my insurance be invalid ?
You can see my problem, the car will be sorted asap but I might urgently need it before.
What is the legal situation ?
Cheers and thanks for any knowledge/information.
JBL
#2
You have no mot. It will register as a fail on the police computer and is worse than a mot out of date. sorry (i would't risk having your car impounded and a big fine for no mot and invalid insurance)
#3
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As far as I am aware your current MOT is still valid and your are still able to drive the vehicle legally till the date of expiry. The fact that it has failed the test at this point (on a minor item, not safety related) is irrelevent.
Mot tests are allowed up to 30 days early to allow for this sort of situation.
Ring the examiner who failed it and he will clarify the situation for definite.
Mot tests are allowed up to 30 days early to allow for this sort of situation.
Ring the examiner who failed it and he will clarify the situation for definite.
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Just had a chat with my MOT examiner who is an old friend.
He says that what I stated in my first post is correct under the OLD paper MOT system. BUT he does not know the answer under the new computerised system.
Seems that this a grey area that has not been suitably covered in current legislation and even the professionals are confused. He is going on VOSA course next week so will hopefully have an answer then. Not much use to you now I know...sorry!
He says that what I stated in my first post is correct under the OLD paper MOT system. BUT he does not know the answer under the new computerised system.
Seems that this a grey area that has not been suitably covered in current legislation and even the professionals are confused. He is going on VOSA course next week so will hopefully have an answer then. Not much use to you now I know...sorry!
Last edited by his-n-her-scoobs; 21 February 2009 at 10:18 AM.
#7
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You can check the current MoT state of your car on this site
MOT Computerisation - Internet Status Request
I'd have thought that the old cert is still valid but that your car is no longer roadworthy and would fail a roadside emissions test.
Carry the cert in the car with you as proof you have a valid MoT just in case.
MOT Computerisation - Internet Status Request
I'd have thought that the old cert is still valid but that your car is no longer roadworthy and would fail a roadside emissions test.
Carry the cert in the car with you as proof you have a valid MoT just in case.
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#11
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Your yearly certificate is still in effect and that is all that the law requires. If you have failed for a more serious defect than exhaust emissions, then the vehicle may be unfit to use, even though the old MOT certificate is still current.
If the prosection wasnt for C&U infringements then youve been wronged.
If the prosection wasnt for C&U infringements then youve been wronged.
#15
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Oh dear, I thought that the answer would be rather easier to find than this. With two opposing views I will play safe and not drive the car . Just hope that the 'phone doesn't ring.
Thanks for all the views and opinions.
JBL
Thanks for all the views and opinions.
JBL
#16
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As far as I see it, you have a valid MOT certificate. It says on it that a valid MOT certificate doesn't mean that the vehicle is in a roadworthy condition, just that it was at the time of the test. It is your responsibility to maintain the car in a roadworthy condition and not to drive it if it is in a dangerous condition. If you are pulled by the Police then they will do you for any defects they find, but not having a valid MOT won't be one of them.
#17
Your current MOT will still be valid until 1st March, you still have the paperwork for your current MOT so all should be ok as far as im aware.
You dont need to worry about the failed MOT test the other day as your old one is still valid
You dont need to worry about the failed MOT test the other day as your old one is still valid
#18
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Be assured, that you have a current MOT certificate; and this is all that the law requires.
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