Ford Scorpio Forum
        (https://www.fordscorpio.co.uk/cgi-bin/yabb/YaBB.pl)
      

        General >> Problems >> MOT failure X member
        
(Message started by: podge on May 18th, 2011, 11:47am)
Title: MOT failure X member
Post by podge on May 18th, 2011, 11:47am
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.
Title: Re: MOT failure X member
Post by Mike H on May 18th, 2011, 12:07pm
I believe you've got until the ticket expires (?)
Title: Re: MOT failure X member
Post by martin_rowe on May 18th, 2011, 12:15pm
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.
Title: Re: MOT failure X member
Post by lleewar on May 18th, 2011, 3:18pm
You are right Martin. New ticket supercedes old one automatically. Get the welding done asap and ticketed to be legal.
Title: Re: MOT failure X member
Post by Jonnycab on May 18th, 2011, 3:55pm
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As far as I'm aware, the MOT certificate is valid until the date that is shown & can't be rescinded.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  :-/
Title: Re: MOT failure X member
Post by lesterlad aka Rodders on May 18th, 2011, 4:03pm
My MOT man says if a car fails before the original certificate expires it can be used until it does expire.
Title: Re: MOT failure X member
Post by podge on May 18th, 2011, 4:46pm
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.
Title: Re: MOT failure X member
Post by martin_rowe on May 18th, 2011, 4:47pm
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.
Title: Re: MOT failure X member
Post by Mike H on May 18th, 2011, 6:55pm

on 05/18/11 at 16:47:40, martin_rowe wrote:
so if failed on 4 bald tyres, torn seat belts, defective lights ect, you could carry on driving it ?

Theoretically, until the cops pull you for it being in unsafe condition. ;D
Title: Re: MOT failure X member
Post by solarpanel on May 18th, 2011, 7:45pm
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
Title: Re: MOT failure X member
Post by Highlander on May 19th, 2011, 9:22am
I looked into this one in depth a few years ago..

Martin is correct ;D

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 ;)
Title: Re: MOT failure X member
Post by martin_rowe on May 19th, 2011, 9:25am
sorry should add to my sig:
VOSA approved Quality Controler, Authorised Examiner, Nominated Tester, Test Station owner for class 1, 2, 4, & 7.
Title: Re: MOT failure X member
Post by Highlander on May 19th, 2011, 9:47am
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 ;D
Title: Re: MOT failure X member
Post by PJDavis on May 19th, 2011, 12:24pm
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'.    :D
Title: Re: MOT failure X member
Post by Jonnycab on May 20th, 2011, 12:44am
Podge, when you say the cross member needs welding, do you mean the chassis rail just behind the rear suspension insulator bush ?
Title: Re: MOT failure X member
Post by Mike H on May 20th, 2011, 4:07pm
I was wondering where exactly too



on 05/19/11 at 09:22:06, 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.

That is logical
Title: Re: MOT failure X member
Post by podge on May 26th, 2011, 7:18pm
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
Title: Re: MOT failure X member
Post by gozz on May 26th, 2011, 9:51pm
Where are you Podge ? there is a pair of meaty tyres here,225/50x16,came off a Cossie I scrapped.
                                                                GOZZ.
Title: Re: MOT failure X member
Post by bonnietiler on May 26th, 2011, 10:07pm
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
Title: Re: MOT failure X member
Post by Highlander on May 26th, 2011, 11:09pm

on 05/26/11 at 19:18:13, 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.


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!
;D
Title: Re: MOT failure X member
Post by Simmo on May 27th, 2011, 7:35am
Podge. I don't know what car you have but my estate is on 195/65 R15. I use Blackcircle (http://www.blackcircles.com/order/tyres/search) and find them very good.  ;)
Title: Re: MOT failure X member
Post by podge on May 27th, 2011, 11:07am
Hi, Gozz
I have the chevron directional tyres on at the moment so I want to stay with this type, if yours are directional my post code area is M44, Irlam Manchester,
Podge.
Title: Re: MOT failure X member
Post by podge on May 27th, 2011, 11:14am
Again thanks for all your comments and on the tyres you all use, I will have another scout round for the tyres that have been recommended and see what Gozz comes up with and the how near he is to me.  what a great forum.
Podge.
Title: Re: MOT failure X member
Post by gozz on May 27th, 2011, 4:09pm

on 05/27/11 at 11:07:28, podge wrote:
Hi, Gozz
I have the chevron directional tyres on at the moment so I want to stay with this type, if yours are directional my post code area is M44, Irlam Manchester,
Podge.


Yes they are directional W rated,as you will see in my profile I'm over in Peterborough and don't get up your way much these days.Are you thinking of going over the Pennines to Harewood ? I could take them there if that's any good,or maybe send a carrier,you could have em for £50.00,they have loads of meat on them.
                                        GOZZ.
Title: Re: MOT failure X member
Post by podge on May 28th, 2011, 11:10am
Hi Gozz,
Thanks for your reply, I will not be going to Harewood as I have other activities that day. I will go for the budget at £75-00 each.
regards,
Podge.
Title: Re: MOT failure X member
Post by gozz on May 28th, 2011, 3:36pm
Roger Podge  ;D                  
                  GOZZ.


Ford Scorpio Forum » Powered by YaBB 1 Gold - SP 1.3.1!
YaBB © 2000-2003. All Rights Reserved.