IGA Members Forum

21/09/2015 Graham Goode Motors Posts: 43 Reputation: 5	We have just heard that the DVSA have updated their guidelines on MOT testing and have now clarified that should a car fail it’s MOT test, even if there is still time running on the previous years certificate, that the car is now classed as having failed the MOT. This is recorded on the MOT database, and the vehicle can only be used legally on the road to either have the defects repaired, or to a pre-arranged MOT test appointment. They also point out that you can be fined up to £2,500, be banned from driving and get 3 license penalty points for driving a car in a dangerous condition. https://www.gov.uk/getting-an-mot/after-the-test Obviously, we understand that it is not sensible (and would advise customers accordingly) to drive a vehicle with a dangerous fault, but this does not seem to have been well thought out. As a part of our customer service we currently send out reminders when an MOT is due within 5 weeks, enabling customers to have their test carried out up to a month before the current test expires, taking the (financial) pressure from them and the (logistical) pressure from us as we have time to carry out any relevant repairs. Now we cannot do this due to the fear of the car failing the test and the customer being without their vehicle (which they’ve been happily driving for the past 11 months) as we either can’t get the parts, or don’t have sufficient workshop time to carry out the necessary repairs. Our main concerns are that 1. A vehicle could fail the test on a non-safety critical aspect (such as exhaust emissions). We then have to tell the owner that they can’t legally drive on the road until it is fixed, which makes it sound like another example of ‘the motor-trade’ trying to bully customers into leaving their vehicle with us until we’ve been paid for carrying out work that they didn’t know it needed. 2. If, to get around this ‘problem’ we carry out a ‘pre-MOT check’ (essentially a test without logging in so that no potential failures are recorded), this could/will cause additional problems. Customers will not want to pay twice for effectively the same thing (if the car ‘passes’ the pre-test check, it will still have to be put through an official test which will use a slot and have to take the requisite amount of time, so we’ll have to charge for the test too). More importantly, this will go against the VOSA Best Practices Principles as only cars which will pass the test will be submitted for one, so suddenly their figures are skewed and totally inaccurate. Before we know where we are, VOSA will be saying that ‘based on recent MOT test results where failure rates have dropped to almost zero, we can clearly see that cars on the road are much safer and so we will be implementing the 4-2-2 testing intervals as suggested previously!’ I would be interested to know what thoughts other members have about this, plus what is the ‘official line’ from The IGA and what do they plan to do for their members about this?
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16/10/2015 Terry Gibson Posts: 44 Reputation: -1	Despite this new document, there has been no change to the law in this respect. In effect, the document simply repeats the current law but in a more strongly worded fashion. A vehicle that is legally required to have an MOT certificate and has passed will have its details and the expiry date of certificate recorded on the MOT database. It is an offence to drive a vehicle on the road if it does not have a current MOT if regulations require it. You can be fined up to £1,000 for driving a vehicle without a valid MOT. It is also an offence to drive a vehicle on the road if is not in a roadworthy condition and this is an independent offence of not having a current MOT. You can be fined up to £2,500, be banned from driving and get 3 penalty points for driving a vehicle in a dangerous condition. If a vehicle fails an MOT but still has an MOT certificate until a later date, the MOT pass is not cancelled…..HOWEVER….. Using the vehicle on a highway with defects present MAY lead to prosecution regardless of the MOT status of the vehicle. -- Terry Gibson
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16/10/2015 Graham Goode Motors Posts: 43 Reputation: 5	Thanks for the clarification Terry. It's reassuring to have this in writing. Alastair
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