Another one point seven to save

[V6 Man]

It's still legal to drive home if you day insure it.

but it'd be a race against time to grab it before the test expires.

Technically the MOT has already expired. It has failed a test and so is now deemed unroadworthy and the old, current MOT is now cancelled. Just because there is still a piece of paper claiming an MOT is still in force does not mean it still has one. It will flag up on ANPR as being without an MOT.

[SteveP]

Technically the MOT has already expired. It has failed a test and so is now deemed unroadworthy and the old, current MOT is now cancelled. Just because there is still a piece of paper claiming an MOT is still in force does not mean it still has one. It will flag up on ANPR as being without an MOT.

Not entirely true, the old MOT is still valid - but you still may have issues if you get stopped and it's obviously unroadworthy:
https://www.gov.uk/getting-an-mot/after-the-test

[V6 Man]

That's a fairly recent change then, because an MOT fail always used to cancel a previous MOT

So your car is deemed to be unroadworthy by a DVSA (Formerly VOSA) inspector and is thus unfit to be used on the public highway. However, because less than a year ago it was deemed fit you can still use it but may be prosecuted for using an unroadworthy vehicle....

This has absolutely nothing to do with each DVSA unit having to achieve a £300 daily target in fine collection, nor does it have anything to do with the now self funding Government Agency having changed its title and needing to pay for new signs and headed paper. Nope. No way at all.

[macplaxton]

There's no technically about it.

The originally MOT still stands.

You can still drive your vehicle if it fails the test and its existing MOT certificate is still valid (ie you got it tested before the expiry date). However, you might be stopped by police and prosecuted if your vehicle is unroadworthy.

You can be prosecuted at anytime if the vehicle is unroadworthy, even if it passed the test hours before. The test only covers testable items at the time of presenting.

And it isn't a recent thing either.

[macplaxton]

because an MOT fail always used to cancel a previous MOT

Absolute rubbish. It's never cancelled a previous MOT.

[V6 Man]

Yes it did. The fact you have the old cert making it ok is a common fallacy.

They never issued prohibition orders like they do with commercial vehicles, whereby once you fail that vehicle is not allowed on the road until it has passed (subject to driving to and from a test station or place of repair), but certainly when I started driving it was a case of fail the test and your old MOT is cancelled.

Of course, in the good old days all one had to do if stopped was show Mr Plod the old cert and he'd go away thinking all is well. Now, with all the computerised records they have access to to all Mr Plod or DVSA has to do is type in your reg. no. and it will tell him you've failed a test. This is an automatic reason for stopping you and if you haven't done the repairs they will prosecute. What makes it even worse for the driver is that they will say, justifiably, that you are knowingly using an unroadworthy car and ramp up the subsequent penalty. You can't plead ignorance as you've been given a MOT fail cert.

And yes, you're right, they can (and do) prosecute at any time even if the test was recent if your car is found to be unroadworthy. What's little known is that they prosecute under 'Constructions and use' legislation and not MOT regs. A car can pass an MOT and still be unroadworthy, it's just that those items are not required for the test even though they are legally required by Construction & Use.

[mac]

STOP squabbling girls - somebody BUY it!!

I slave all day over a hot stove to bring you these tasty morsels and -






You witter on,


I've got a badge on my left buttock that says "bearded old fart" but I'm pretty sure it should be on my forehead, and my
MOT ran out years ago - meanwhile a potentially decent buy goes unsold.

So c'mon girls - somebody must want it!

Mac

[V6 Man]

Wittering on?

The learned Gentleman and I are having an earnest discussion about the legalities of using this vehicle on the road in order to help any prospective purchaser, ensure its sale and thus fulfil the purpose of this thread and you accuse us of 'wittering on'....


You, sir, are a cad and a bounder.

Good day.

[mac]

I hope so sir! I hope so,

You sir are a knave and a charlatan - consider the gauntlet thrown down -
Will you pick it up sir!









Note to Bob - don't be worried about the above - all this is perfectly normal!
Mac.

[macplaxton]

Butt out with your left buttock Mac!

The fact you have the old cert making it ok is a common fallacy.

Not the case. Have a look at the The Motor Vehicles (Tests) Regulations 1981(and for those of a certain age, 1976 (and 1968 or earlier if you can find a copy somewhere)) When a test is "failed" a refusal to issue a certificate takes place. There is no cancelling of unexpired ones.

If caught in the period between failing and the original expiry date, there is no way you could be done under S47 of the Road Traffic Act 1988 (or whatever section of the RTA 1972 in ye olden days)

...A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence...

It's worded that way for a reason.

That's not to say you couldn't be done under S40A "Using vehicle in dangerous condition" or S41A "Breach of requirement as to brakes, steering-gear or tyres." or S42 "Breach of other construction and use requirements." Even if the plod did throw one of those at you, it still wouldn't be an open and shut case at court.

What's little known is that they prosecute under 'Constructions and use' legislation and not MOT regs.

See above as it's another bit of waffle. They prosecute under the relevant section of the "Road Traffic Act 1988" not C&U. Perhaps you mean it's a construction and use offence under the RTA?

[mac]

Warning Will Robinson, warning! Threadjack!

Back off the squabbles - I'm trying to help an owner sell his car and this thread has now gone so far off its a bit pointless to think anyone would read it a a "for sale" !!

Mac.

[filthyjohn]

Yeah, get your own thread!
I really actually want this. I've had my Nissan Sunny for sale for about a week now, with a couple of sniffs at the £600 mark, I was hoping it would go on Sunday but the water pump shaft sheared last night so I'll need to replace that first. If I can get it gone I'll actually book a train, bring my pedal bike, and drive the 340 home.
I've been missing 300s, and I've never had a 1.7. Got some nice wheels ready to go on it and everything.

[mac]

John,

Why not give Bob a ring and see what you can sort out - if it works out it won't be the 1st time you've taken a train to this part of the woods and driven a Volvo home,

BTW have you still got Barge?

Mac.

[filthyjohn]

Hi Mac, how are you keeping?

I'm not sure about whether I can shift my sunny. Once I've replaced the water pump I'll have a better idea if it can sell. I may have sold an MX5 today so if that comes to fruition I'll be in a position to buy.

I still have Barge, though she's sadly off the road now. The DMF was making some worrying noises (not as a bad as the average Ford, mind), then the head gasket went. The head never did quite seal at the front corner, even after I changed the water pump. I have a nice low mileage '97 B230FK to go in, with a 531 head and an A cam to boot. I just need a darn flywheel, I'd prefer a solid one but at this stage I'd be happy with an intact DMF!

I fitted a 1041 locking diff anticipating heavy snow last winter, then none fell! Also nice grey leather from the same wentworth which donated its engine and loom to Matthew Nimmins's 360.

Hopefully she'll be on the road soon, a certain Pete Chesher may have a flywheel for me

[theo2468]

Is this still available? I will save her, weld her up pout some parts on and get the thing a ticket for someone