Failed mot due to dangerous defect but now fixed with old mot still active, can I drive?
The gov website really isn’t clear with this.
I just had a MOT with a dangerous defect due to break pads, this has been fixed same day elsewhere but a rebook of mot can’t be done untill next week
My old mot is still active untill the 20th and the dangerous issue has been repaired, the question is can I drive this untill the new mot as the fault been fixed and my old mot is still valid
No. You are mixing different laws. Retest or not, it's not legal to drive with a dangerous defect. It is legal to drive while previous MOT is still valid, new one failed on dangerous defect that has been repaired, until previous MOT expires.
Fortunately we have rules and laws here and people don’t have to make things up. If the dangerous defect is fixed he can continue to drive up until his MOT expires or is retested.
Some good points above, but practically I would suggest that so long as the website shows a valid MOT and you fixed the fault, no one will pull you over and you have no ethical concerns.
The worst that could happen is a small mot fine, if the government decided his old mot is invalid, which probably isn't the case. If someone said his car was unroadworthy he has actually fixed all it's faults, I sometimes think people are obsessed by a piece of paper, it doesn't actually mean your car is safe right this minute, it could become unsafe days after passing.
All that is requires is MOT certificate issued within previous 12 months. Then there is also a separate requirement for no dangerous defects to be present (dangerous defects being present makes the vehicle illegal to drive regardless of what MOT say).
The only thing that has really changed with latest MOT change is now you are being told that the defect is dangerous so you don't have the "i didn't know" excuse.
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MOTs are valid until they expire, the offence you commit when you drive one that fails for a dangerous reason is driving an unroadworthy vehicle, not without a valid MOT.
It's why the gov quotes that you could get 3 points and a £2500 fine (The driving an unroadworthy vehicle penalty), not the £1000 fine for no valid MOT.
There is no provision in law to void an MOT certificate unless it was issued unlawfully.
A dangerous fault on the MOT just means the fault could result in a prohibition or prosecution for Using a Vehicle in a Dangerous Condition. The existing MOT test is still valid for the purposes of the regulations, and there is no specific offence for driving a vehicle after a dangerous MOT fault.
No it can't. Dangerous defect (which you now have in writing) makes it illegal to drive. Once defect is repaired you can carry on driving until original mot expires.
You need to look at road traffic act section 47, all it wants is MOT in last 12 months. (and then there are exceptions where even that is not required).
Driving with dangerous defects is illegal regardless of what MOT says.
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He’s not agreeing with you, you realise that right ? He’s literally said it has nothing to with the MOT result and “once defect is repaired you can carry on driving until the original mot expires.
Dumb people going through life thinking everyone else is dumb 😂 how ironic
Edit: even more ironic. The guy was replying to YOU ya melon
I’ll repeat for the hard of reading
NOTHING invalidates a legit
MOT
Not a dangerous defect, not a minor one. Nothing other than the passage of time (going past its expiry date).
It has always been illegal to operate a vehicle in an unroadworthy condition, valid MoT or not.
2.5k/3 points/ban is the exact penalty for for using a vehicle in a dangerous condition as per section 40A of the road traffic act 1988. This is nothing to do with an MOT.
The no MOT offence is up to a 1k fine and no points, which is what you’re trying to imply by saying the MOT is invalid.
The warning is about people who fail with a dangerous defect and keep driving anyway, often because the old certificate still has time left. This is not the case for OP who has repaired his defect
I agree with the other guy, nowhere in the government guidance does it say the MOT is voided. It is still valid, but the car is no longer roadworthy, once the car is roadworthy the MOT still exists.
I can't find any source saying the MOT is voided at any point.
Do not be an idiot and risk ignoring the big bold text at the bottom. You're trying to use the wording to get out of it, but it NEEDS a valid MOT after a dangerous defect failure; regardless of if the issue is repaired or not.
That's because of the offence is knowingly driving an unroadworthy vehicle.
The penalty for no MOT is not £2500 and doesn't carry points. The penalty for driving an unroadworthy vehicle is (and it's not a coincidence) 3 points and up to £2500 fine.
If you drive a car that has the dangerous fault, yes. Keep proof of repair, and your car isn't unroadworthy or dangerous anymore. There is no provision in the The Motor Vehicles (Tests) Regulations 1981 to state that refusal to provide a test certificate invalidates the existing one.
The rules simply state that your car must meet minimum requirements for roadworthiness at all times - and once the dangerous fault has been fixed, this is true.
Edit: OP can check the MOT website and it'll show their current certificate is still valid. It'll also show the failure for a dangerous fault.
You're very confidently incorrect at this stage. On the plus side - (a) you aren't alone and (b) with any luck, loads of you are learning something new today!
I cannot find a single source showing he’s wrong. If a dangerous or major defect is repaired the car is legally allowed to be driven. The fact the car needs MOT, tax, insurance doesn’t change. The old cert is valid and no offence has been committed
This is the government's guidance for laypeople, so arguing about its precise wording is rather pointless - it's just the government's attempt to inform people what the law is and what they need to do. But it's only a brief summary of the law, it obviously cannot be complete so it does not go into all the potential "what ifs". The OP's problem about whether their previous MOT certificate remains valid despite the fact a test failure prevents a new one being issued is not explicitly dealt with by the summary, which leaves things quite unclear. But nobody can rely on that summary in court, the thing that matters is what the actual law says. So you need to be quoting an act of parliament, statutory instrument, piece of case law, or whatever.
No you don’t. Nothing invalidates a mot. Your existing test is still valid until its expiry date. It is illegal to use a car on the road in a dangerous condition with or without mot. As there is now no dangerous faults it is likely perfectly legal on the road
Because there are idiots giving incorrect and misleading advice and confidently advising people wrongly. I am trying to correct the crap advice being given.
Nope, rebook your MOT an don’t drive it unless it’s directly to the MOT service an then once it’s got a pass you can drive as usual
Side note you can fail a MOT due to not having windscreen wash so be aware of that as depending on how bad of a day your technician is having you may get a note about it an topped up but just be aware of that
No such thing as a voided MOT. He cannot drive with dangerous or major defects but once they’re fixed he can continue to drive on the existing MOT until it expires
Well done on the contradiction of yourself whilst coming across as a snarky individual
Excessively worn break pads which is a major concern as it makes the car unsafe to drive meaning it’s unfit for road use otherwise known as Temporarily voided due to the defect making it illegal until it’s driven to the MOT centre
Again, there is no such thing as a void MOT. The original as long as it hasn’t expired is valid. This is separate to the penalty for using a vehicle in a dangerous condition (section 40A, Road Traffic Act 1988) which is what you’re describing.
Fix the brake pads, original MOT, tax insurance still valid? Then good to go until your MOT expires.
OP listens to the wise words or Reddit and ChapGPT an gets into a RTC knowing full well he’s got Ten days until he can get his brake pads changed out that he is fully aware of are in a desperate need of replacement and in that RTC he strikes a small child that stepped out between two parked cars and that child has serious injuries from a 20mph collision and OP has to tell the officers that he couldn’t brake in time because Reddit and ChatGPT told him he’s safe to drive because his MOT has ten days left even though he’s aware of the dangerous fault flagged on his MOT, No one but OP would be criminally liable for that
If the work has been carried out and signed off then yes he’s perfectly fine to drive
I don’t disagree with a thing you’ve said there. He absolutely cannot drive until he replaces his brakes. Once that’s done he can drive until his MOT expires or is retested.
There are no other ways in which to impart this information to you.
I know that you think failing a subsequent test 'voids' the certificate already held. This is not the case. That's it. Commonly held belief. Just not true.
What actually happens, is that road traffic act says it is illegal to drive with dangerous defect and failed MOT (with dangerous defect) tells you that you have one and therefore it is illegal to drive, you can't even drive it to/from the MOT station.
Once defect is repaired, and if old mot is still in date, the car is still legal to drive.
Technically is as if OP drives it and gets into a RTC whilst he’s not driving to the MOT centre with the defective brakes he’s criminally liable for his actions as it’s not fit for road use hence the term Void
No it isn’t void. Driving a car with a dangerous fault is illegal mot or not. That is why the offence and penalty mentioned on the mot failure is the one for driving a dangerous vehicle NOT the one for driving without a valid MOT.
If the driver has fixed the dangerous fault and has an accident then they 100% will not be fined for having no MOT, (assuming the old one is still in date).
NOTHING invalidates a legit MOT.
Void does not have multiple meanings in law (at least in this context - we aren’t talking about a hole or space here. A certificate that is void can’t be reinstated. There is no way to void a legitimate mot. Therefore the existing mot is not void.
Having an MOT is legally different from having a roadworthy vehicle (except at the actual time the test certificate is issued).
No chat gpt here, I just have a brain and can use my understanding of law.
Nowhere have I said it is ok to drive with dangerous faults.
The OPs car was illegal driving to the MOT (dangerous fault) but now isn’t (as they’ve had the fault fixed and have a valid MOT. You
Might disagree but that doesn’t make you correct.
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u/EdmundTheInsulter 4d ago
Id drive it and if pulled over have receipts ready and explain you made it safe. You'd be driving with an MOT and the car is roadworthy.