Driving your car after it has failed an MOT could lead to three penalty points on your driving licence, a £2,500 fine and even a driving ban. However, it is permitted in certain circumstances.
Government guidelines on this topic have changed over the years, but the current rules are as follows.
If your car fails the MOT test before the previous MOT certificate has elapsed, you can drive it away – but only if the none of the faults are classed as ‘dangerous’ and the minimum standards of roadworthiness are met.
The GOV.UK website explains these minimum standards. They include requirements that all lights are working, brakes are fully functional and tyres have a minimum tread depth of 1.6mm. Incidentally, the windscreen, windows and mirrors must also be clean.
MOT stations can’t keep your car
Whether your car passes or fails the MOT, the testing garage or dealership has no right to detain the vehicle, even if it fails on a dangerous fault.
Speaking with an operative at the DVSA, we were told: “No MOT station can impound a car, even if they find a dangerous defect. You are within rights to get the car towed elsewhere for work”.
However they went on to stress that: “It’s a grey area regarding dangerous and non-dangerous defects. Ultimately, if you drive the car away and something happens, you are still liable”.
Just to reiterate, the DVSA website states: ‘You can be fined up to £2,500, be banned from driving and get three penalty points for driving a vehicle that has failed its MOT because of a “dangerous” problem’.
Our advice is to get any remedial MOT work done there and then at the garage, if possible. Alternatively, you could have the car towed – rather than driving it – if there is any doubt about its legality.
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