Driving a Failed voluntary MOT vehicle?

[Bill_qaz]

Mike thanks for your efforts in clarifying questions raised in this discussion but as stated in your last post from dvsa
excerpt below

"Following a fail at MOT test, you may take your vehicle away if your current MOT test is still valid and there are no dangerous problems listed in the MOT. It does not cancel out an existing valid MOT test.

As you quite rightly state, it must still meet the minimum standards of roadworthiness at all times, and as stated above would need to be repaired before driving if there are dangerous
defects listed against the new MOT"

So therefore regardless of mot time remaining or exemption, if the tester records a dangerous defect/problem, your vehicle is no longer roadworthy and cannot be driven.

I have first hand experience in a dealership of a dangerous defect on a LGV but the owner insisting on driving it away, without repair.
DVSA were notified and on collection the vehicle was stopped and impounded by authorities as it pulled onto public road.

Not roadworthy is not roadworthy regardless of mot status.

[mike1864]

Agreed; I am struggling to find any post that has suggested that a dangerously unroadworthy car can - legally or morally - be driven away from an MOT station.
But (and at the risk of repeating myself)...
1. The DVSA says that, as long as the fault is NOT dangerous, it is not a breach of the MOT legislation to drive it away from its failed MOT in order to get it fixed, either at home or at a specialist (eg trye outlet). In terms of the roadworthiness legislation, even driving a mile with a dead bulb is technically a traffic offence. But it is not an MOT offence.
2. Once the MOT issue is promptly fixed (bulb, tyre, whatever), the car immediately becomes roadworthy and legal. And the DVSA is adamant that it doesn't then need a new MOT to prove this (this thread's core query).

With a new car you can then leave your next MOT till the existing one's first birthday.
With a historic car, you will NEVER need to submit it for an MOT. after all, that's what "MOT Exempt" means.

For instance, if I were planning to take my car (old or new) on a two month tour of Europe, six months after a successful MOT, I'd happily pay £50 for the peace of mind of a mid-year MOT. But if it failed, there'd be no practical, legal or financial reason for submitting the subsequent repair for yet another (voluntary!!) MOT. And if it DID pass, this has the bonus of kicking the previous MOT renewal date a further 6 months on.

[Bill_qaz]

I think we are same page re minor issues you have quoted.
But as an example, if a brake pipe failed during the roller test we have single circuit system so now game over, safety defect no brakes! you cannot drive it away. Steering joint about to leave the vehicle, anything thats a major safety defect you cannot drive the vehicle away. It has to be recovered of repaired on site.
Even if it has 11 months mot or exempt.

[mike1864]

Indeed.
One of my cars is in exactly that position. I took it in for a pre-MOT service and some minor (I thought!) welding.
Despite having covered only 70 miles since its previous MOT, the mechanic said it's not worth putting it in for a MOT till they remedy a number of structural and brake issues; all making it illegal to drive away anyway.
So that's what they are doing.
And once completed (by a guy who knows more about Minors than the local MOT station), I will probably submit this roadworthy car for a MOT.
But we now know that I don't have to! Because no repair on a classic car (however/whenever the need was identified) requires an MOT inspection.

[Bill_qaz]

Yes Mike, a lot depends on personal preference to test or not on an exempt vehicle. If it gives the owner peace of mind then its money well spent.
Personally I wouldn't but that is based on my skill set, industry experience and use of four post lift and equipment so thorough inspection can be done anytime, probably several times a year on my minor which is never used in winter.
Other than a brake roller test figure, the fail value on which is ludicrously low, there is nothing a tester can check that I cannot.

Good luck with your repairs and it's good if you have a trust worthy repairer with classic car experience

[mike1864]

He's 15 years older than the car. Always a good sign!
Unlike the teenager at my other local garage. After he'd changed a brake slave cylinder, I asked him why he was opening the bonnet.
"To top up the master cylinder" he scoffed.
Me: "Happy hunting!"

[Bill_qaz]

Once had one of my bikes mot tested a 1952 AJS. I found the young mechanic lying on the floor peering at the silencer. I asked what he was looking for, The E mark he replied to show it complies with Euro regs. Once I had stopped laughing I had to explain he probably wouldn't find one. His next question was how do I start it, as I have to see how loud it was.
He didn’t like when I suggested ask his dad