The MOT loophole that can get you a £2,500 fine, three penalty points and even a driving ban under tough new regulations
British drivers are putting themselves at risk of a hefty fine and a driving ban for making this common mistake when taking their car in for an MOT
BRITISH drivers could be stung by police for having a new MOT test carried out before their current certificate expires.
Stricter MOT tests came into force in May this year, and motorists are being warned over fines of up to £2,500 for failing a test and continuing to drive their motor until the previous certificate runs out.
Many drivers put their car in for an MOT early to find out if any faults need repairing, thinking they can still use the vehicle until the old test runs out despite any discovered issues.
But if their car fails, it's immediately recorded on the national database as no longer road legal, regardless of how long the previous MOT's validity has remaining.
Under the new regulations, problems are now classed as dangerous, major and minor - with cars listed with a "dangerous" or "major" defect automatically failing the MOT.
While "major" issues can potentially still mean the car is safe to drive, "dangerous" motors should not be driven at all.
The full list of changes to the MOT
This is the complete list of new checks introduced on May 20 2018:
- reversing lights on vehicles first used from September 2009
- daytime running lights on vehicles first used from March 2018
- front fog lights on vehicles first used from March 2018
- prop shafts
- bumper security and condition
- rear drive shafts on all vehicles
- cab security
- cab steps
- floor condition
- undertray security
- noise suppression material
- emission control equipment
- engine malfunction indicator lamp
- fluid leaks posing an environmental risk
Either way, cops can slap you with a fine for driving with an invalid MOT or using a vehicle in a dangerous condition - or both.
The maximum fine for driving without a valid MOT is £1,000, even if your previous roadworthy certificate is still current.
And if your car is deemed to be in a "dangerous condition", you could also be slapped with a maximum £2,500 fine, three penalty points and a potential driving ban.
According to the DVLA, the only time you are allowed to drive your car after it has failed a test is directly on the way to have failed defects fixed, or straight to a pre-booked MOT appointment.
The government’s guidelines warn motorists that they face prosecution if they drive their car following an MOT failure outside of these conditions – even if its previous test hasn’t expired.
The DVLA website says: "If your vehicle fails the MOT: you’ll get a ‘refusal of a MOT test certificate’ from the test centre.
"It will be recorded in the MOT database. You can take your vehicle away if your MOT certificate is still valid."
If you car fails and you can't get it fixed right away, you will likely need to pay to have it towed back to your house, or leave it at the testing centre.
An MOT can be carried out up to one calendar month prior to the expiry date of your existing MOT certificate, while still preserving the anniversary of the expiry date.
If you have your test carried out a month before the due date and your vehicle passes, your MOT is effectively valid for 13 months.
A spokesperson for online car buying site, scrapcarcomparison.co.uk, said: “Many drivers will not be aware a refused MOT will be recorded on the national database potentially alerting your vehicle to the traffic police and it being potentially unfit to drive.
"A current valid certificate doesn’t make a car ‘road safe’. Serious faults flagged up by an MOT inspector and these not being addressed could leave you seriously liable.
“In any case, your vehicle needs to meet the minimum standards of roadworthiness at all times so it’s advisable to get any repair work fixed immediately so your car is fit for the road and avoiding prosecution."
your guide to car maintenance
Other changes to the roadworthiness test made earlier this year include tougher diesel tests and new lighting checks.
Diesel cars now automatically fail their MOT if there’s any smoke coming from the exhaust, if the DPF has been removed or there is evidence it has been tampered with.
Reversing lights on vehicles first used from September 2009, daytime running lights on vehicles first used from March 2018 and front fog lights on vehicles first used from March 2018 have also been added to the test.
With more categories now open for cars to fail their roadworthy check, drivers need to ensure they maintain regular servicing and make alternative driving arrangements in case their motor doesn't pass straight away.
