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Topic: MOT failure X member (Read 3191 times) |
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podge
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MOT failure X member
« on: May 18th, 2011, 11:47am » |
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Hi,
My Scorpio failed the MOT to-day welding is needed on the cross member,
Can anyone tell me what the legal position is if I still used it untill it is repaired on the due MOT date 23-5-2011.
podge.
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1997 - 2.3i scorpio ultima saloon. (Old codger with a new toy)
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Mike H
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Renault Clio
 
Posts: 2594
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Re: MOT failure X member
« Reply #1 on: May 18th, 2011, 12:07pm » |
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I believe you've got until the ticket expires (?)
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Mike H
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martin_rowe
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I love YaBB 1G - SP1!
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Re: MOT failure X member
« Reply #2 on: May 18th, 2011, 12:15pm » |
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MOT is minimum standard, not max, all vehicles should be maintained above that standard. Fail cert cancelles out original pass. There is now a paper trail, if you drive past a NPR there is a record you have no MOT. No MOT, no insurance either.
Get the drift.
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Rally Drivers Do It Sideways
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leewar
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I'm a YaBB newbie!
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Re: MOT failure X member
« Reply #3 on: May 18th, 2011, 3:18pm » |
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You are right Martin. New ticket supercedes old one automatically. Get the welding done asap and ticketed to be legal.
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Jonnycab
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Former owner of 2.3 Ultima Facelift saloon
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Re: MOT failure X member
« Reply #4 on: May 18th, 2011, 3:55pm » |
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Where does it say that a failure will cancel out the MOT certificate ?...I can't find that information on the VOSA website 
As far as I'm aware, the MOT certificate is valid until the date that is shown & can't be rescinded. But if the vehicle has failed before the expiry date then it would be classed as un-roadworthy & you could be liable for a fine if pulled up by plod & given an impromptu roadside test.
Seems like a bit of a grey area
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lesterlad aka Rodders
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2.3 Ghia x Estate (Manual)
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Re: MOT failure X member
« Reply #5 on: May 18th, 2011, 4:03pm » |
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My MOT man says if a car fails before the original certificate expires it can be used until it does expire.
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There's are methods to my madness!!! I'm not sure what the methods are but there's definitely madness in them
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podge
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Posts: 194
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Re: MOT failure X member
« Reply #6 on: May 18th, 2011, 4:46pm » |
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Thanks for all the replies lads. as mentioned a bit of a grey area, An ex traffic cop says you can use the vehicle. shall I toss a coin?
podge.
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1997 - 2.3i scorpio ultima saloon. (Old codger with a new toy)
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martin_rowe
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I love YaBB 1G - SP1!
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Re: MOT failure X member
« Reply #7 on: May 18th, 2011, 4:47pm » |
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so if failed on 4 bald tyres, torn seat belts, defective lights ect, you could carry on driving it ?.
all covered by' the MOT is the standard of minimum roadworthyness' once you have been told that it doesnt reach that standard it should be off the road, part of your insurance as well, try having an accident after you were informed your car had failed an MOT and see where you get.
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Rally Drivers Do It Sideways
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Mike H
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Renault Clio
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Re: MOT failure X member
« Reply #8 on: May 18th, 2011, 6:55pm » |
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on May 18th, 2011, 4:47pm, martin_rowe wrote:so if failed on 4 bald tyres, torn seat belts, defective lights ect, you could carry on driving it ?
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Theoretically, until the cops pull you for it being in unsafe condition. 
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Mike H
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solarpanel
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Re: MOT failure X member
« Reply #9 on: May 18th, 2011, 7:45pm » |
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my sons a mot tester[pasted the mot testers exam this year] he said to me the other day if a car fails the mot before the old one runs out its not road worthy and old cert is not valid as new failure is on vosa data base
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Highlander
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13 Scorpios, XR4x4, Suzuki SJ413 for off road :)
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Re: MOT failure X member
« Reply #10 on: May 19th, 2011, 9:22am » |
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I looked into this one in depth a few years ago..
Martin is correct
Even though the vehicle is still technically has an MOT, the fact that it failed the new one means it is now UNROADWORTHY
The stance that the police/insurance companies take is that if it fails the MOT the driver is KNOWINGLY driving an unroadworthy vehicle.
It does flag up on ANPR and if you get one of our finest on a bad day he can charge you for driving an unroadworthy vehicle.
As Martin says, everythings rosy UNTIL theres a bump...
I've driven them like that in the past but its your decision 
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on Oct 17th, 2011, 12:35pm, Simmo wrote:I give up !  Too much for an old boy!  |
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martin_rowe
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Re: MOT failure X member
« Reply #11 on: May 19th, 2011, 9:25am » |
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sorry should add to my sig:
VOSA approved Quality Controler, Authorised Examiner, Nominated Tester, Test Station owner for class 1, 2, 4, & 7.
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Highlander
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Re: MOT failure X member
« Reply #12 on: May 19th, 2011, 9:47am » |
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Knew you were something like that
When I enquired into it the emphasis was put on the fact that the driver KNEW the car was now unroadworthy due to it failing the MOT.
legally, you have some defense if driving a car with a defect such as a corroded crossmember (not obvious defects like tyres/suspension etc) still under the previous MOT.
BUT
as soon as you fail the new MOT you are then KNOWINGLY driving a defective vehicle, which puts the noose round your neck
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on Oct 17th, 2011, 12:35pm, Simmo wrote:| I give up ! Too much for an old boy! |
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PJDavis
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2 x 1995 Jag X300 3.2 / 4.0 (Henley) 1957 XK140
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Re: MOT failure X member
« Reply #13 on: May 19th, 2011, 12:24pm » |
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Maybe in the very old days when I was skint and running an old 'Anglebox'. I may have taken a few risks! But in this current climate, the days of legislation and sue-ing, coupled with the amount of traffic, who would want to drive a defective car? Incidently, in Malta, where there are still plenty of Anglia's, aye the 107, they are called the 'Television' because Malta used to ONLY receive 'Anglia-Television'. 
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I love 'Movvy'
1995 Jaguar XJ6 X300 3.2 (Henley)
1995 Jaguar XJ6 X330 4.0 (Dopey)
1957 Jaguar XK140 USA (converted to RHD, and to have fitted Mk10 420G Engine with BW 65 Auto Trans)
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Jonnycab
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Former owner of 2.3 Ultima Facelift saloon
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Re: MOT failure X member
« Reply #14 on: May 20th, 2011, 12:44am » |
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Podge, when you say the cross member needs welding, do you mean the chassis rail just behind the rear suspension insulator bush ?
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Mike H
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Renault Clio
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Re: MOT failure X member
« Reply #15 on: May 20th, 2011, 4:07pm » |
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I was wondering where exactly too
on May 19th, 2011, 9:22am, Highlander wrote:Even though the vehicle is still technically has an MOT, the fact that it failed the new one means it is now UNROADWORTHY
The stance that the police/insurance companies take is that if it fails the MOT the driver is KNOWINGLY driving an unroadworthy vehicle.
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That is logical
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Mike H
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podge
Full Member
Posts: 194
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Re: MOT failure X member
« Reply #16 on: May 26th, 2011, 7:18pm » |
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Hi
Thanks for all your messages, I will have to tell the copper who said it was OK, I will know in future as will some of the members who have contributed to this thread.
I now have a M O T for another year, but it has been an expensive MOT.
MOT £40-00.
Welding £230-00, I have had an advisory for two tyres for the back, Goodyesr £135-00 each.
Budget £75-00. so may go for these as I do very little mileage
If it was not for the fact that the Scorpio is such a great car to drive I think I would have said no to the repairs.
Again thanks for all your replies.
Podge
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1997 - 2.3i scorpio ultima saloon. (Old codger with a new toy)
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gozz
Senior Member
Been around awhile
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Re: MOT failure X member
« Reply #17 on: May 26th, 2011, 9:51pm » |
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Where are you Podge ? there is a pair of meaty tyres here,225/50x16,came off a Cossie I scrapped.
GOZZ.
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bonnietiler
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Sense of humour .... Essential!
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Re: MOT failure X member
« Reply #18 on: May 26th, 2011, 10:07pm » |
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Just as a matter of interest I have taken a leaf out of Matt's book and slowly, whilst my current tyres are still fully functional, been buying Continental Premium Contact 2 tyres (V. expensive) off e-bay as either nearly new or barely used.
I bought 2 x 7.5mm Conti's for £90
1 x 6.5mm conti for £65
and finally a brand new one yesterday for £60.
£220 for virtually £500's worth of top quality tyre.
I not meaning to crow, just using the method as a good way of forward planning.
Just got to get them on those Chrome "pimpy" wheels now.
Uno dos tres cuatro cinco cinco seís
Bonnietiler
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Highlander
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Re: MOT failure X member
« Reply #19 on: May 26th, 2011, 11:09pm » |
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on May 26th, 2011, 7:18pm, podge wrote:| I will have to tell the copper who said it was OK, I will know in future as will some of the members who have contributed to this thread. |
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Its another one of these grey areas of the law Podge, everyone tells you a different story, even the police!
I actually found the answer on a police forum where they discuss these sort of things and was pointed towards the relevant laws.
The general opinion seems to be that you would be VERY unlucky to get prosecuted for driving the car, even though technically its against the law...
BUT if theres an accident or a claim and the insurance companies and lawyers get a hold of it you're stuffed!
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on Oct 17th, 2011, 12:35pm, Simmo wrote:| I give up ! Too much for an old boy! |
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