Expired

MOT failure - Kwik Fit tell me there's a 'new' rule?

42
Found 12th Oct 2014
I had my MOT yesterday, I didn't have high hopes as my car was definitely on it's way out. The current MOT certificate doesn't expire til the 22nd of this month, and as per usual, like every year during that dreaded time, failure would have given me some time to shop around for parts etc etc before a retest. My car failed, as I knew it would, but the guy at Kwik Fit told me that there's a new rule that means a fail is a fail, regardless of whether the current certificate was still in date, and that I was now unable to drive my car from the test centre unless I was taking it to another garage or test centre.

I've searched everywhere online, even gov.uk still claim the 'old' rule still applies - anyone else heard of this?

42 Comments

To encourage drivers to keep on top of vehicle maintenance, the Vehicle … To encourage drivers to keep on top of vehicle maintenance, the Vehicle and Operator Services Agency (VOSA) allows you to arrange a new MOT test up to one month before your current certificate ends.In theory, this means that if it fails you’ve still got time to get quotes and get it fixed before the previous MOT actually expires. The earliest date that you can do this is printed on your existing certificate.However, if the vehicle does fail the new MOT, you shouldn’t be driving it. Here’s why.Although you’re not breaking the law by not having an MOT (because your old certificate is still valid, remember) you could be prosecuted for driving a defective vehicle, if stopped by the police.Whether it’s a broken lightbulb or brake failure, you’d be guilty of driving a car that has known faults.So, your best bet is to get it fixed ASAP and not to drive it in the meantime.A VOSA spokesperson confirms: “Should you present your vehicle early and the vehicle fails the test, your original certificate still remains valid until its expiry date."But this does not mean that you are entitled to continue to use a defective vehicle.“However, once the defects are repaired you can continue to use the vehicle until either it is retested or the original test certificate expires."Remember a current test certificate does not allow continued use of a defective vehicle on a public road.”

Have a look here :-

https://www.gov.uk/getting-an-mot/after-the-test

http://mottesting.org.uk/mot-retest-information-fail.html

Kwik Fit once told me there were different limits on tyre tread depth (this was the manager) for personal and company cars, their loss as I changed where my fleet of vehicles got their tyres.
Edited by: "MT2045" 12th Oct 2014

Just tell Kwik Fit to do one and collect your car.

just drive it straight out of there. could phone a few other garages first for quotes then drive directly to the other garage

If they won't let you take it just threaten them with the police. It is technically stolen if they won't give it back.

Banned

I'd never get anything done at Kwik Fit, rip off merchants.

Get the persons name and report them to Trading Standards and get in your car and drive it away. If they try to stop you call the police.

You've just kwik stitched! They have no entitlement to stop you taking your car if there was anything wrong with it but if it was unsafe to drive its on your head but your current MOT certificate legally covers you anyhow.

I wouldn't trust kwik fit to tell me the correct time let alone fix or test my car.

As philphil61 says get their name, put a recorder under their nose and ask them to repeat why you can't take your car and then report them, to trading standards and VOSA

Banned

what did it fail on?

There is no new law, but it is a tricky area because they have classed your vehicle as 'unroadworthy' due to the faults. We're not supposed to drive unroadworthy vehicles regardless of whether or not they have MOT so technically you should not drive it. However most people do.

I think it takes a bit of common sense, if your suspension is hanging off and could break off at any moment then I wouldn't drive it. If your headlights are defective, but you're going to drive home in the day - then I wouldn't worry.

What were the actual fails on your car?

lot of love for kwik fit here...

Kwik fit are a bunch of spotty wanna be mechanics.
I asked for my old catalytic converter back when they replaced it with a new one.. They said no. so... I called head office. They apologised and said I could collect it.
The garages collect old parts and sell them then split the money. always ask for your old parts and get rid yourself. I got £80 for the old cat.

i always thought if you took your car in for an mot early and it failed then you are only allowed to drive it home or to a garage for repair but not to use it with a failed mot, the old days when it was all paper it wasnt a problem as you could always show the cops the old mot certificate, but nowadays they are all linked up to the dvla so that cannot happen anymore,the only time a garage could ask you to leave the car was if it was in such a bad state but if you insisted on driving it home they use to call the cops, also i thought if you took your car in early it voided the balance on your old mot certificate,when i went to a garage early for mine the guy use to start my new mot after the old one ran out but that was when it was paper certificates dont think that can happen now its all on line.
Edited by: "mercslkman" 12th Oct 2014

mercslkman

also i thought if you took your car in early it voided the balance on … also i thought if you took your car in early it voided the balance on your old mot certificate,when i went to a garage early for mine the guy use to start my new mot after the old one ran out but that was when it was paper certificates dont think that can happen now its all on line.



No that is incorrect.

You still get the balance of your previous MOT added on. I just sold my car with almost 13 months MOT.

Original Poster

Thanks for all the advice guys, I can see it's a bit of a grey area but as I thought, no ones heard of this 'new rule' that says a fail means I absolutely cannot take my car. I guess they really need the business... I'll be getting the guys name.

You still haven't posted what the faults were - people may change their minds when you say what the faults were!

Ask them to put it in writing.

nbuuifx

No that is incorrect.You still get the balance of your previous MOT added … No that is incorrect.You still get the balance of your previous MOT added on. I just sold my car with almost 13 months MOT.

just what i always thought tbh lol

This just depends on the failure. As noted previously, you still have a MOT but if you have an accident and it is related to the item States as dangerous by Kwikfit, then you are in serious trouble. The car effectively has been labelled as unroadworthy by a MOT tester - regardless of what your certificate says from a year ago.

2 points I can't see covered before.
All mot tests are recorded pass or fail on the central database.
If there was an accident your insurance may well be void for driving an unroadworthy vehicle.

The old mot is still valid.

However - you are still subject to other rules and if the failure was due to something that makes the car dangerous to drive then you are open to prosecution for having an unroadworthy vehicle. That doesnt stop you driving off from kwik fit though.

All the fast-fit places are rubbish in my experience.

Its stupid anyway, whatever it failed on could have developed as soon as you drove it away from your last mot, but you have been allowed to drive it all year. An mot only really confirms the car was roadworthy when it was tested.

get ur phone out and record it on camera and leave with the car and put the video on youtube. then phone the head office. that will least get them to stop trying it on future customers. internet has a lot of power these days

kash2013

get ur phone out and record it on camera and leave with the car and put … get ur phone out and record it on camera and leave with the car and put the video on youtube. then phone the head office. that will least get them to stop trying it on future customers. internet has a lot of power these days



I think this could backfire- if the fault is a safety issue then kwikfit, depending on how they are saying things exactly, are not wrong.

A good explanation is here:
https://www.confused.com/car-insurance/blogs/can-you-drive-your-car-if-it-has-failed-mot

The mot is still valid but a mot tester has said that the car is unroadworthy. That's not a good place to be. Really interested about what the failure is.

pghstochaj

I think this could backfire- if the fault is a safety issue then kwikfit, … I think this could backfire- if the fault is a safety issue then kwikfit, depending on how they are saying things exactly, are not wrong.A good explanation is here:https://www.confused.com/car-insurance/blogs/can-you-drive-your-car-if-it-has-failed-motThe mot is still valid but a mot tester has said that the car is unroadworthy. That's not a good place to be. Really interested about what the failure is.



It would boil down to if the car had an accident due to the failure, common sense should take over here, if the car is dangerous it shouldn't be driven, if one of the tyres is low, that shouldn't cause an accident.

TBH you need to know what it's failed on then we can bring more light to the situation and advise you better ....

Also as per that government website link it clearly shows you can still take the car away, at risk of getting stopped by the police if not road worthy but as you still have MOT on the car you can take it away ...

aircanman

It would boil down to if the car had an accident due to the failure, … It would boil down to if the car had an accident due to the failure, common sense should take over here, if the car is dangerous it shouldn't be driven, if one of the tyres is low, that shouldn't cause an accident.



I assume that's a joke of an example? Tyres are as important if not more so than brakes if you're trying to stop. This is the type of item that would lead to trouble - dodgy headlight alignment during a day time accident is the type of thing that's unlikely to cause trouble.

If your car has failed the mot, it has no mot. It doesn't matter if you have 9 months left in your old one.
A failure at a test centre means it's unfit to be on the road and voids the previous test. End of story.
You can drive it away to a pre booked appointment to get repairs done.
Your fail will have been recorded against the database so any passing police car will detect your car as having no mot. Same goes for insurance.
Having said that, they cannot hold your car and blackmail you into getting them to repair it. You can take it anywhere you want to get it fixed and take it back to them for a free retest

ktm666

If your car has failed the mot, it has no mot. It doesn't matter if you … If your car has failed the mot, it has no mot. It doesn't matter if you have 9 months left in your old one. A failure at a test centre means it's unfit to be on the road and voids the previous test. End of story.You can drive it away to a pre booked appointment to get repairs done. Your fail will have been recorded against the database so any passing police car will detect your car as having no mot. Same goes for insurance.Having said that, they cannot hold your car and blackmail you into getting them to repair it. You can take it anywhere you want to get it fixed and take it back to them for a free retest


it says u can still drive it here
https://www.gov.uk/getting-an-mot/after-the-test



If your vehicle fails the test
You’ll get a ‘notification of failure’ from the test centre if your vehicle fails the test. The failure will be recorded in the secure central MOT database.

You can still drive your vehicle if it fails the test and its existing MOT certificate is still valid (ie you got it tested before the expiry date). However, you might be stopped by police and prosecuted if your vehicle is unroadworthy.

If the vehicle fails the test and the certificate has expired, you can only drive it to:

have the failed defects repaired
a pre-arranged MOT test appointment

ktm666

If your car has failed the mot, it has no mot. It doesn't matter if you … If your car has failed the mot, it has no mot. It doesn't matter if you have 9 months left in your old one. A failure at a test centre means it's unfit to be on the road and voids the previous test. End of story.You can drive it away to a pre booked appointment to get repairs done. Your fail will have been recorded against the database so any passing police car will detect your car as having no mot. Same goes for insurance.Having said that, they cannot hold your car and blackmail you into getting them to repair it. You can take it anywhere you want to get it fixed and take it back to them for a free retest


Absolute twaddle - failing an MOT does not void any previous one, that one is still valid until its expiry date and therefore a police ANPR camera will show it as having a current MOT.
A VOSA spokesperson confirms: “Should you present your vehicle early and the vehicle fails the test, your original certificate still remains valid until its expiry date.

Delbert Grady

Absolute twaddle - failing an MOT does not void any previous one, that … Absolute twaddle - failing an MOT does not void any previous one, that one is still valid until its expiry date and therefore a police ANPR camera will show it as having a current MOT.A VOSA spokesperson confirms: “Should you present your vehicle early and the vehicle fails the test, your original certificate still remains valid until its expiry date.



Correct, an MOT certificate certifies your car is safe for 12 months, if it isn't, go to the original MOT garage as they wouldn't have done their job properly. Long and the short of this is, get the car from Kwik Fit and take it elsewhere, but the retest fee will be more now.

aircanman

Correct, an MOT certificate certifies your car is safe for 12 months, if … Correct, an MOT certificate certifies your car is safe for 12 months, if it isn't, go to the original MOT garage as they wouldn't have done their job properly. Long and the short of this is, get the car from Kwik Fit and take it elsewhere, but the retest fee will be more now.



An MOT certificate or test does nothing of the sort.
Edited by: "pghstochaj" 12th Oct 2014

pghstochaj

An MOT certificate or test does nothing of the sort.



What does it do then please tell me.

aircanman

What does it do then please tell me.



It is a legal document to state that your car has been checked by a MOT tester and it meets the requirements of the MOT test at the time of the test. It doesn't warrant that it will still be the same in an hour, let alone a year.

Did it fail on not having a second steering wheel? was one of the tyres too black? was the badge on the front not clean enough? was the seat not comfy for the tester? These are the type of things KIWK-Fix will fail you on, total rip off merchants and look at you as if you are a turd when you take it somewhere else!

kash2013

it says u can still drive it … it says u can still drive it herehttps://www.gov.uk/getting-an-mot/after-the-testIf your vehicle fails the testYou’ll get a ‘notification of failure’ from the test centre if your vehicle fails the test. The failure will be recorded in the secure central MOT database.You can still drive your vehicle if it fails the test and its existing MOT certificate is still valid (ie you got it tested before the expiry date). However, you might be stopped by police and prosecuted if your vehicle is unroadworthy.If the vehicle fails the test and the certificate has expired, you can only drive it to:have the failed defects repaireda pre-arranged MOT test appointment


Exactly my point - as you say, you can only drive it to another mot test appointment or to get it repaired.
Also, it says you may be prosecuted if your vehicle is un road worthy - failing an mot makes it un road worthy.

Delbert Grady

Absolute twaddle - failing an MOT does not void any previous one, that … Absolute twaddle - failing an MOT does not void any previous one, that one is still valid until its expiry date and therefore a police ANPR camera will show it as having a current MOT.A VOSA spokesperson confirms: “Should you present your vehicle early and the vehicle fails the test, your original certificate still remains valid until its expiry date.


Failing an mot does void any old ones. Failing an mot means your vehicle is not road worthy and should not be on the road.
To be on the road, your vehicle must be capable of passing an mot (which is the minimum standard) each day you take it out - if it isn't, it's not road worthy.
Hence, if you have an accident and the insurance assessor finds your car is below the minimum ture tread depth, it's deemed to be not suitable to be used in public roads and they won't pay out.
Having a 12 month mot does not give you the freedom to run an illegal or un safe vehicle for the duration of the certificate. It mearly means that at the time you presented your vehicle to a testing station, it was deemed to meet the minimum standards .
Edited by: "ktm666" 12th Oct 2014

ktm666

Failing an mot does void any old ones. Failing an mot means your vehicle … Failing an mot does void any old ones. Failing an mot means your vehicle is not road worthy and should not be on the road. To be on the road, your vehicle must be capable of passing an mot (which is the minimum standard) each day you take it out - if it isn't, it's not road worthy.Hence, if you have an accident and the insurance assessor finds your car is below the minimum ture tread depth, it's deemed to be not suitable to be used in public roads and they won't pay out.Having a 12 month mot does not give you the freedom to run an illegal or un safe vehicle for the duration of the certificate. It mearly means that at the time you presented your vehicle to a testing station, it was deemed to meet the minimum standards .



You are wrong. A failed MOT *DOES NOT* void a previous mot. However, as I've previously posted, the rules regarding roadworthy vehicles apply.

A car can fail an MOT on many issues which are not related to roadworthyness.

I've had confirmation of the not cancelling previous MOT situation from the ministry and VOSA.
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