Driving a Failed voluntary MOT vehicle?

[alfie austin]

Hello,
Perhaps others can confirm my understanding of the requirements in this situation…

Today I’ve been at a local charity classic car show, from conversations with the two car owners either side of me and from checking online later, both (1970s) cars had failed an MOT over 3 years ago (both for poor brake efficiency issues), no retest or further MOT since - But have carried on using them !

So they are driving a knowingly failed MOT vehicle, is they not a requirement to retest and pass, even if not submitted for MOT again the in future ?

Kind regards

[svenedin]

My understanding is that there is no requirement to present an MoT exempt vehicle for testing. However, if you do present it for an MoT test and it fails, then the vehicle must not be used on the public highway as it is has been found to be unroadworthy. If, the vehicle is to be driven again on the public roads then the faults must be rectified and the car must have, and pass another MoT. I have my Morris MoT tested every year even though I am not legally required to do so. Many people do.

Stephen

[Bill_qaz]

How do you know the defects were not rectified post fail?

Its the owners responsibility and legal requirement to keep a vehicle roadworthy even if MOT is not a requirement.
See previous post.
viewtopic.php?t=78914

Internet says:
Voluntary MOTs:

While MOTs are not mandatory for vehicles 40 years or older (with some conditions), owners can choose to have them tested voluntarily. 

Failure and Retests:

If an MOT-exempt vehicle fails a voluntary test, it will be issued a "refusal of an MOT test certificate" (VT30), detailing the "dangerous" or "major" failure items. 

Roadworthiness:

A failure, even in a voluntary test, means the vehicle is deemed unroadworthy and cannot be driven on public roads until repaired and successfully retested. 

Retests:

The owner must have the failed items repaired and then book a retest, which will involve a review of the repairs. 

Partial vs. Full Retest:

If the retest is within 10 working days of the original test and the repairs are limited to the previously identified issues, a partial retest might be possible. Otherwise, a full retest is required.