Dangerous failures - held to ransom?

[t-tony]

@Stevo7682 I'm not sure if this has been answered somewhere else, but is the vehicle legal after the tyre has been replaced, or after the "dangerous" MOT has been passed. I'm assuming that the old MOT is still in date, but not valid due to the failure.

What is the crime, if any? After all, the vehicle is now safe, but it has not been declared safe by a competent person.

So you're saying I'm not competent then mate

Tony.

ps. I tested the car again in Lincoln,we fitted 2 tyres and then I re tested the car.

 

[Pingu]

So you're saying I'm not competent then mate

Tony.

ps. I tested the car again in Lincoln,we fitted 2 tyres and then I re tested the car.

No - you misunderstood. It was hypothetical. If he had gone home and fitted a new tyre and rim that he had in his garage, would his car be legal?

BTW, why did you retest it? Did he not ask you to fit a new tyre and then test the car? I didn't think you could retest another garage's failure.

 

[t-tony]

No - you misunderstood. It was hypothetical. If he had gone home and fitted a new tyre and rim that he had in his garage, would his car be legal?

BTW, why did you retest it? Did he not ask you to fit a new tyre and then test the car? I didn't think you could retest another garage's failure.

Read my post

Tony.

 

[Pingu]

Read my post

Tony.

He saw you wearing shades and assumed you were blind

 

[t-tony]

Did you read my post and understand it ?

Tony.

 

[abh29]

Just caught up with this.
@Pingu in answer to your question about paperwork no we don't have the customer sign anything but do make them aware of the different legality of what the failed items are and the difference between a ' major ' and a ' dangerous ' defect.
( a dangerous defect says on paperwork ' do not drive until repaired ' )
(a major defect says ' repair immediately ' )
( a minor defect ( a pass) says ' repair as soon as possible ')
( an advisory says ' monitor and repair if required ' )
But at the end of the day I have no power to hold a vehicle no matter how bad it failed

As for the camera thing not sure but the second you print a pass or fail goes through all the police dvla insurance databases straight away ( I have had customers in reception taxing their car while I am doing an invoice on an mot I literally printed seconds beforehand) the public database is 3-5 days .
If a fail is issued and it's checked by an official body ( e.g. police) the fail will show over the existing pass ( as it was the last carried out )
If still valid mot and you get caught driving outwith the allowed criteria after a fail issued the offence isn't driving without an mot it is driving an unroadworthy vehicle ( as it has failed the basic roadworthy test which is the mot )

Perhaps I am being thick , but what is the difference between --- do not drive until repaired --- and --- repair immediately.
I would consider repair immediatly to mean not to use it until it's repaired.

 

[t-tony]

You're obviously not the only one who is confused by this thread mate.

Tony.

 

[Pingu]

The guy had his car failed in London for a dodgy tyre. He drove to Lincoln and had it tested again. It failed again for a dodgy tyre. The tyre was replaced and was retested. The car passed. None of that is in doubt. Although for one post I did think that he was retested in Lincoln based on the original test. I wondered if the owner thought that t-tony was blind, but that "joke" was missed - hey ho.

My question still stands - at what point is the car not dangerous? If he had fixed the tyre, but not had it retested, is it still dangerous?

 

[Stevo7682]

@Pingu I looked into this question a bit further today as far as the law is concerned the defect still stands until it has been checked officially and appropriate paperwork issued.

 

[Stevo7682]

Perhaps I am being thick , but what is the difference between --- do not drive until repaired --- and --- repair immediately.
I would consider repair immediatly to mean not to use it until it's repaired.

It is the legal standing of the item a dangerous item is something that could fail iminently and have a drastic effect on the vehicle that could have an impact on other road users that why criminal offence to drive .
A major failure is an item that does not meet the test criteria and needs repaired but is not in a dangerous condition and likely to suffer iminent failure

 

[Brian H]

The ANPR systems are updated weekly (uuuup north anyway), failing an MOT in the morning and driving up the country will not cause an alarm on the system.

@t-tony , @Stevo7682 , it would be interesting to know how long it takes a car that has failed to show up on the database?

 

[the Nefyn cat]

Damn.

 

[Rha]

Not enough traffic police in the country to police this anyway even if it was looked at on pnc, only time it would show up is if he had a accident and police were called. Now this Porka driver as I see it could only stay within the law by getting the car transported to wherever the tyres were available or transported home then again to a retest after fault rectified. People need to be made aware of just how this new system works. Government have tried to make it so you actually get the fault fixed before driving it again on public road, forgetting that most people with the resources at home will just drive back there to fix it themselves. Once police have the recourses to make these laws work we’ll no doubt see a change in public attitudes towards them, not going to ever happen in my book so maybe the mot station should be made to make the phone call. Not nice to have to do but after the car owner has read and agreed signing a paper then no one will have an argument against it. They have the right to fail a car so what’s wrong with reporting a failure that is driven away, the vehicle should be on camera so where is the problem, don’t make them a grass in normal terms just doing their job keeping what is a potential accident waiting to happen. Won’t ever come to this as again the police resources will never commit.

RHA,Roy.

 

[Ianmc]

Can't see the drama here. Car must have a current MOT to be legally driven on the road. If any aspect of the car is "dangerous" it can't be legally driven on the road, MOTed or not. If an assessed "dangerous" item is repaired before the current MOT expires, the car is legal. Seems a personal responsibility issue to me.

 

[Pingu]

Can't see the drama here. Car must have a current MOT to be legally driven on the road. If any aspect of the car is "dangerous" it can't be legally driven on the road, MOTed or not. If an assessed "dangerous" item is repaired before the current MOT expires, the car is legal. Seems a personal responsibility issue to me.

Events...

1. Car has dangerous fault, but nobody knows about it - car is illegal, but nobody is the wiser. 2017 MOT is current and valid.
2. Car gets tested and fault is found - car is illegal, but MOT tester and owner know about it. 2017 MOT is cancelled.
3. Car gets repaired and retested - car is legal. 2018 MOT is issued.

Probability of being caught...

1. Almost zero. Only probable in a death crash where the whole car is inspected.

2. Almost zero if the 2017 MOT is in-date and has not been removed from the ANPR database.
This is why I think MOT stations should inform the authorities if the car is driven away.

To avoid possible prosecution for aiding and abetting, staff in public houses are supposed to report possible drink-driving. I see this as no different.

 

[Ianmc]

I can't see how a previously issued MOT can be cancelled? It is only a statement of condition at the time it was tested. Between MOTs it has to be the responsibility of the driver to ensure the vehicle is safe. I think two separate issues are being confused.

 

[Pingu]

I can't see how a previously issued MOT can be cancelled? It is only a statement of condition at the time it was tested. Between MOTs it has to be the responsibility of the driver to ensure the vehicle is safe. I think two separate issues are being confused.

The law changed in May...

https://www.thesun.co.uk/motors/350...e-and-penalty-points-if-recent-test-is-valid/

 

[t-tony]

You can't believe all you read in the Sun. All of these were applicable before May 2018.

Tony.

 

[Mazza]

This is what MOT stations should have when they find unroadworthy cars

 

[Stevo7682]

@Ianmc the old test ( 2017 in this example) is not cancelled the fail is the newest issued paperwork and takes presidence over the pass.

As for the other topic being spoken about in between the mot IT IS the owners responsibility to make sure the vehicle remains in a roadworthy condition between mot tests.