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Post by raystarkey on Aug 22, 2019 12:07:38 GMT 1
Hi What is the legal position if I put my Historic car through an MoT as an independent roadworthiness check and it fails? Am I legal to ignore the result and carry on driving because it is MoT exempt ?Obviously I would rectify the faults. I ask because an MoT is cheaper than an independent car check and report . Any ideas? Ray
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Post by magnet on Aug 22, 2019 18:33:51 GMT 1
Hello Ray, I believe that if you subject your vehicle to a voluntary MOT and it fails, and you continue to drive it, you will be liable to prosecution for driving an unroadworthy vehicle.
One question:- Since you day an MoT is more cost effective than an independent vehicle check and report, can we ask why you need such a report? Kind regards, Gareth.
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Post by raystarkey on Aug 22, 2019 19:40:17 GMT 1
It is always good to have a qualified technician check my handiwork in an annual check.
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ggcton
New Contributor
It is not all about the cars friends and fun together are most of the Joy.
Posts: 47
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Post by ggcton on Aug 22, 2019 19:54:05 GMT 1
I help in a small restoration workshop the boss is a good highly qualified mechanic and ex mot inspector.
All restorations go for an mot and once in a while something is picked up we missed he would not let a vehicle leave without an independent check so amateur mechanics would do well to do the same.Old cars do need an MOT or safety check by someone else.Older members will remember what it was like before we had mots and some of the cars were shocking.I know most enthusiasts do look after their cars but many do not.
Some of the cars that come to us following work by owners and sometimes garages are dangerous with brake steering and tyre faults.
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Post by magnet on Aug 22, 2019 20:18:33 GMT 1
It’s a little confusing why you were considering anything other than a formal voluntary MOT Ray, it’s that was the reason behind the original question. Kind regards, Gareth.
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Post by marshman on Aug 23, 2019 10:22:17 GMT 1
Hi What is the legal position if I put my Historic car through an MoT as an independent roadworthiness check and it fails? Am I legal to ignore the result and carry on driving because it is MoT exempt ?Obviously I would rectify the faults. I ask because an MoT is cheaper than an independent car check and report . Any ideas? Ray Your car is MoT exempt as it is over 40 years old (and I assume not substantially modified as defined by the DVSA). So as long as it is roadworthy - i.e. capable of passing an MoT then it can legally be driven on the road. BUT, and this is where the system is less clear and hasn't been thought through, by taking it for a test it will now have a "Fail" recorded and a Police check via an ANPR (Automatic Number Plate Recognition) system or other means will flag it as such. (I assume the Police can see the difference between expired and failed). The FBHVC have published several Q&A's on this and there have been numerous articles. The conclusion of which is that not all Police are aware of the MoT exemption for over 40 years old. It was also not clear if the exemption had to be declared (it doesn't except for a tick box when you renew the tax (tax exempt so zero cost, but still has to be done annually). The FBHVC sought clarification from the DfT (Dept. for Transport) and received a written response. They suggest you print out a copy of the letter and carry it with you in case you ever get stopped. link: www.tr-register.co.uk/uploads/2019/04/10/DVLA-statement-on-declaration-with-Press-Release-23.01.19.pdfSo in answer to your question. IF, and only if, you have fixed the original failure points and your car is roadworthy then IN MY OPINION you can legally drive on the road without going for a retest. Print off and carry a copy of the letter with you (link above)in case you get stopped. Personally I think I would take the car back for a retest (usually free) and get a pass certificate just to remove any doubt/hassle. In line with some of the respondents above I would continue to take all my cars for a MoT regardless of exemption. I too have seen some horrific bodges and neglect by owners that think a weekly polish means its a safe car - actually some don't even clean the car! I also don't see the point of going to a friendly garage for an "annual check" in lieu of an MoT. I do however sympathise with owners who can't find a MoT test station with some common sense and understanding of older cars. Roger
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