If your car has failed its MOT, then you need to know your rights as a UK driver so you can take the best next step.

Read on and find out what you can do following a failed test result.

 

You Have the Right to an MOT Retest

If your car fails the MOT test and needs minor repairs, you can return it to the same garage within 10 working days for a free partial retest.

If more extensive repair work is required – or you are returning the vehicle more than 10 working days after the initial MOT – then another full inspection may be required, which you will be charged for.

 

You Have the Right to Take Your Car to a Different Garage

You’re well within your rights to take your car to another garage for repairs, as long as:

  • The previous MOT certificate is still valid
  • No ‘dangerous’ faults were found during the MOT test

If dangerous faults are identified, you must either have the vehicle repaired at the garage that completed the inspection or transported via tow truck to another garage for repairs.

Say you booked your MOT at a council test centre that doesn’t offer car repairs, for example, a tow truck would be required.

You must not drive if dangerous faults were identified during the test or the previous MOT certificate is not valid – you can only drive your vehicle under very specific circumstances...

 

Can I Still Drive My Car After a Failed MOT?

It is illegal to drive on the road without a valid MOT except in very specific circumstances.

If your car fails its MOT, you can still drive it if certain criteria are met - we cover this in more detail in this blog.

 

If Your Current MOT Certificate is Still Valid...

If your car has failed its MOT, you can drive it on the road so long as your previous MOT certificate is still valid, and no ‘dangerous’ or ‘major’ faults were found during the test.

Your car must meet the minimum standards of roadworthiness for you to drive it.

You can check that your previous MOT is still valid by using our helpful MOT check tool to find the expiry date.

If you plan on continuing to drive your car after this expiry date, you must book any necessary repairs and arrange an MOT retest to ensure your car is fit to be driven.

Driving a car that has failed the MOT test due to dangerous fault(s) being identified could land you a £2,500 fine, points on your licence, and possibly even a ban from driving altogether.

Even if no dangerous faults were found during the test, you could still be prosecuted if you are stopped by the police and your vehicle is deemed unfit for use on the road.

Whilst you can legally drive with advisories, these could lead to an MOT fail in the future or cause an accident if the fault is left to worsen – best to book a repair for these issues right away so that you know your vehicle is road legal and safe to drive.

 

If You Have a Pre-Booked MOT Retest...

You can drive an insured car to a pre-booked MOT test, so long as it has a valid certificate and no ‘dangerous’ defects were found during the initial test – this is true even if your car is on SORN and doesn’t have car tax.

Your insurance policy must cover driving without an MOT – not all insurers will cover vehicles that have failed the MOT test.

You should only travel as far as the pre-booked appointment, as you could still be stopped by the police and prosecuted for driving a car with defective parts.

If the previous MOT test identified one or more ‘dangerous’ defects, then you must not drive it on the road and should arrange for the car to be transported to the garage with all four wheels off the road.

 

You Have the Right to Appeal the Result

If you believe that your MOT result is incorrect, you can appeal the decision.

You must submit an appeal within 14 days if you believe that your car shouldn’t have failed the inspection, and within 28 days if you believe that it shouldn’t have passed – for instance, if a serious defect was missed or the test wasn’t completed properly.

This rises to 3 months if you’re worried about a corrosion-related issue.

To exercise your right to appeal, you should:

  • Fill in the official VT17 MOT appeal form & send it to the DVSA 
  • Not have your car repaired until it is inspected by the DVSA 
  • Pay the full test fee again (which will be refunded if your appeal is successful)

If you believe that the MOT centre acted improperly, you can also report them to Trading Standards, to the police if you’re alleging fraud or serious misconduct, or take legal action against them if they caused harm to yourself or your vehicle during the MOT.

 

You Have the Right to See Your Test Results

Every UK test centre must publish the results of every completed MOT inspection onto the DVSA database within two hours.

That means you can check the result of your MOT test and plan accordingly so that you take the steps to ensure you always have a valid certificate.

When a car fails an MOT due to a ‘dangerous’ or ‘major’ problem, the MOT database will record that you’ve been given a ‘refusal of an MOT test certificate’.

 

Should I Scrap My Car After a Failed MOT?

It’s worth noting that your car can fail the MOT test as a result of damage following an accident.

Your insurance provider will assess the damage and assign it a category, with certain categories like A and B meaning that your car should be scrapped or broken for parts.

You should ask your insurer if you aren’t sure whether your car’s MOT will still be valid if it has Cat S or N damage.

If the cost of fixing any faults found during the MOT test would be too high, you may wish to sell or scrap your car.

You will have to arrange for your car to be transported at the point of sale if it does not have a valid MOT – and you should bear in mind that many dealerships won’t buy cars that have failed the MOT test.

You may be able to sell your car privately or to a car-buying service.

 

Never forget your MOT again when you create a BookMyGarage account – we send MOT reminder emails, so you don’t have to worry about your MOT expiring.