MOT Failure: Understanding New UK Rules & Next Steps

The annual MOT test is a crucial part of vehicle ownership in Great Britain, ensuring that cars on our roads meet essential safety and environmental standards. However, the landscape of the MOT test saw significant changes introduced on 20 May 2018, particularly concerning how defects are categorised and what a 'failure' truly means. Understanding these new rules is vital for every motorist to ensure compliance, avoid penalties, and most importantly, keep themselves and others safe on the road. This comprehensive guide will walk you through what happens if your car fails its MOT, detailing the new defect categories, legal implications, and what steps you need to take next.

The Evolving MOT: Beyond Pass or Fail

Before 20 May 2018, an MOT test result was relatively straightforward: your vehicle either passed or failed. While testers could note dangerous defects, the clear distinction and legal implications weren't as explicitly defined on the test certificate. The 2018 changes brought in a more nuanced system, aligning with new directives and providing clearer guidance for both testers and motorists. The aim was to enhance consistency in reporting and ensure that drivers are fully aware of the severity of any identified issues.

Introducing the New Defect Categories

The most significant change was the introduction of new defect categories. Now, when your vehicle undergoes an MOT, any identified issues will fall into one of three main categories, with an additional advisory category for potential future problems:

• Dangerous Defects: These are issues that pose a direct and immediate risk to road safety or have a serious impact on the environment. A vehicle with a dangerous defect is considered unroadworthy and must not be driven until the defect is rectified. Driving a vehicle with a dangerous defect is illegal.
• Major Defects: These are issues that could affect the vehicle’s safety, impact the environment, or are not serious enough to be classified as dangerous. A vehicle with major defects will fail the MOT test. Like dangerous defects, these must be repaired before the vehicle can obtain a valid MOT certificate.
• Minor Defects: These are issues that do not pose a significant risk to safety or the environment but should be repaired soon. Crucially, a vehicle with only minor defects will pass its MOT test. It doesn't matter how many minor defects are identified; the vehicle will still pass.
• Advisories: Similar to minor defects, advisories highlight components that are not yet defective but show wear or deterioration, meaning they will likely become defective in the near future. Advisories are not part of the formal defect categories that determine a pass or fail, but they serve as an early warning for vehicle owners to monitor and plan for future repairs.

The distinction between minor defects and advisories is important: minor defects are legislated and must be formally applied when identified, whereas advisories are not set in legislation but are provided as helpful guidance.

Understanding the Legal Requirements

It's crucial to remember that two distinct legal safety requirements apply to vehicles on Great Britain’s roads:

1. The vehicle must be roadworthy.
2. For most vehicles of a certain age, it must have a valid MOT certificate.

These two requirements are connected but operate independently. A vehicle can be roadworthy but not have a valid MOT (if it hasn't been tested yet), and conversely, a vehicle with a valid MOT might not be roadworthy if a defect has developed since the test. The changes introduced in May 2018 reinforced that both requirements must be met independently.

What Happens After an MOT Failure?

If your car fails its MOT due to major or dangerous defects, you will be issued a 'refusal of an MOT test certificate'. This document clearly outlines the defects that caused the failure, specifying whether they are 'major' or 'dangerous'.

Driving a Vehicle with Defects

This is where the new 'dangerous' category has significant implications. If your vehicle has been assessed as having dangerous defects, it is illegal to drive it on the road. This applies whether your vehicle has a current MOT certificate or not. While MOT centres do not have the authority to physically stop you from driving the vehicle, they are legally obligated to provide you with clear advice that it has dangerous defects and that driving it is against the law. It's important to note that the police are not automatically notified when a vehicle fails an MOT due to a dangerous defect.

If your vehicle only has major defects (and no dangerous ones), you can drive it away from the test centre, but only if its existing MOT certificate is still valid and you are taking it to be repaired. If your existing MOT has expired, you can only drive it to a pre-booked appointment for repair at a garage, or to another pre-booked MOT test.

The Retest Process

Once the necessary repairs have been carried out, your vehicle will need a retest to obtain a valid MOT certificate. The rules for retests are as follows:

• Partial Retest: If you leave the vehicle at the test centre for repair and it is retested within 10 working days, only the items that failed the initial test need to be re-checked. This is often free or incurs a reduced fee.
• Full Retest: If you take the vehicle away for repairs and bring it back to the same test centre within 10 working days, a partial retest may still apply. However, if you take it to a different test centre, or if more than 10 working days pass, a full MOT test will be required again.

It's worth noting that if a vehicle failed before 20 May 2018 and returns for a retest from that date, the new standards apply. Testers must fail the vehicle again if a 'new' defect, not testable before 20 May 2018, is identified.

Why an Early MOT is Sensible

Despite some initial misinterpretations, the changes do not mean you shouldn't bring your vehicle in for an MOT early. On the contrary, getting your MOT done up to a month before its expiry date is still highly recommended. This allows ample time for any identified defects to be repaired without the risk of your vehicle being driven without a valid MOT or being unroadworthy. Leaving it until the last minute increases the chances of being caught out if your vehicle fails.

Detailed Guidance on Specific Defect Examples

The new system defines various defects more precisely. Here are some examples of specific items and how they are categorised under the new rules:

Brakes and Steering

• Brake Fluid Contamination: If brake fluid is clearly contaminated and visible, this will result in a fail.
• Brake Pedal Spongy: A spongy brake pedal indicating air in the hydraulic system, or excessive/no reserve travel, is typically a major defect.
• Excessively Corroded Brake Hose Ferrule: Under the new rules, this is no longer a failure item. However, the DVSA continues to monitor such issues.
• Steered Axle on Brake Test: The out-of-balance calculation for brakes can be categorised as a 'major' or 'dangerous' defect depending on whether it's across a steered axle, requiring the tester to specify this.

Lights and Electrics

• Engine Malfunction Indicator Lamp (MIL): An engine MIL that doesn’t work or shows a malfunction is a major defect.
• 13-pin Trailer Electrical Socket: If a 13-pin trailer electrical socket is not working, particularly if it means no brake lights from the trailer socket, this is considered a dangerous defect, mirroring the severity of having no brake lights on the vehicle itself.
• Marker Lights on Large Class 4 Vehicles: End-outline marker lamps must be inspected on vehicles first used on or after 1 April 1991 that are wider than 2,100mm.

Structure and Fluid Leaks

• 'Likely to Become Detached' vs. 'Insecure': 'Likely to become detached' means a component is on the verge of falling from the vehicle (often a dangerous defect). 'Insecure' means the component has relative movement to an associated component (can be major or minor depending on severity).
• Dangerous Fumes Entering the Cabin: While previously only exhaust fumes were assessed, the DVSA monitors other dangerous fumes (e.g., from a failed diesel injector) entering the cabin.
• Adhesive Bonding: Solely adhesive bonding for repairs to load-bearing members is generally unacceptable. However, combinations of adhesive bonding with riveting or other joining methods, as per manufacturer repair methods, are acceptable unless clearly inadequate.
• Fluid Leaks: Leaks of fluids like engine coolant or screen wash are not reasons for failure. However, a vehicle will fail if a fluid leak creates a pool on the floor within 5 minutes that’s more than 75mm in diameter (major defect – 'leaking excessively, posing a safety risk'). If the leak is continuous and poses a serious risk, it becomes a dangerous defect.

Tyres and Other Components

• Perished Tyre Valves: Tyre valves are no longer a testable item under the new rules, though an advisory for a damaged valve stem may be given.
• Damaged Steering Gaiter: If a damaged steering gaiter no longer prevents the ingress of dirt, it will be a defect.
• Broken Coil Springs: The defect description has been amended to 'fractured or broken'.

Common Items in the MOT Testing Service

Testers also have specific guidance on locating and recording certain common defects:

• CV Boot/Gaiter Insecure: 'Constant velocity boot insecure' has been added as a defect reason.
• Driveshaft: Found under 'Body, chassis, structure > Transmission > Drive shafts'.
• Heat Shields: Can be found under 'Body, chassis, structure > Fuel system > Tank' or 'Body, chassis, structure > Exhaust system'.
• Handbrake Reserve Travel: 'Excessive movement indicating incorrect adjustment' is the correct defect to use.

Summary of Defect Categories and Their Implications

To help you quickly grasp the difference between the categories, here's a comparative table:

Frequently Asked Questions (FAQs)

Q1: Can I drive my car if it fails the MOT?

A: It depends on the type of failure. If your car fails due to dangerous defects, it is illegal to drive it on the road, regardless of whether your previous MOT is still valid. You should arrange for it to be repaired immediately and then retested. If it fails only due to major defects, you can drive it away if your current MOT certificate is still valid and you are taking it directly for repair or to another pre-booked MOT test. If your existing MOT has expired, you can only drive it to a pre-booked repair appointment or a pre-booked MOT test.

Q2: What's the difference between a minor defect and an advisory?

A: A minor defect is an actual defect that isn't severe enough to fail the test but should be repaired soon. It's legislated, meaning testers must formally identify it. Your car will still pass with minor defects. An advisory is not a defect yet; it indicates a component that is showing wear and will likely become defective in the near future. Advisories are not legislated but serve as a helpful warning for future maintenance. Your car will pass with advisories.

Q3: Do the police get notified if my car fails for a dangerous defect?

A: No, the police are not automatically notified when a vehicle fails its MOT due to a dangerous defect. However, it is still illegal to drive a vehicle with dangerous defects, and if caught by the police, you could face penalties.

Q4: Should I get my MOT done early?

A: Yes, it is still highly encouraged to get your MOT done up to a month before its expiry date. This allows you a buffer period to get any defects repaired without the risk of your vehicle being driven illegally without a valid MOT or in an unroadworthy condition.

Q5: What happens if my car had minor defects on its initial MOT and I bring it back for a retest?

A: If your vehicle is having a retest (because it failed on major or dangerous defects initially), the tester should check if the previously identified minor defects have been repaired. If they have, those minor defects should be removed from the record.

Conclusion

The 2018 MOT changes were designed to make the test results clearer and to enhance road safety. Understanding the distinctions between dangerous, major, minor, and advisory defects is crucial for every UK motorist. While a failed MOT can be frustrating, it's an essential process that ensures your vehicle is safe to drive. Always prioritise safety, address any defects promptly, and remember that driving a vehicle with dangerous defects is not only illegal but puts lives at risk. By staying informed, you can navigate the MOT process with confidence and keep your vehicle roadworthy and compliant.

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