MOT Laws

MOT Laws

You can ask our solicitors for advice on MOT laws using the question box on the front of our website or the following article may answer your questions.

New European Union directives relating to the EU Roadworthiness Package, that will include UK vehicle tests, even though the United Kingdom had voted to leave the EU and the 2016 referendum the UK is still a member of the European Union and therefore these directives still apply.

MOT Test

Any cars over 3 years old must have an MOT check carried out every year this is to ensure that the car is safe to drive and any exhaust emissions are not impacting the environment in a harmful way. Some cars are exempt from the new  ministry of transport regulations whilst others will have stricter rules applied. A number of new defects categories have been added to the current MOT checks that already take place.

An MOT is a legal requirement therefore you will need to be clear on the changes affecting vehicle testing and what that means for you.

Three new MOT categories

The three additional categories will show how serious the fault is with the car.

Minor: There minor fault and does not put other road users at risk or have an impact on the environment. To pass an MOT these will need to be fixed.
Major: This fault could affect both safety and impact the environment needs repairing immediately otherwise it will fail its MOT.
Dangerous: Car cannot be driven until it has been repaired and the fault has a serious impact on the environment.

As before there will also be:

  • Advisory: an issue has been found that could become serious. This must be monitored and repaired if and when necessary, but the car has passed.
  • Pass: the car meets the minimum legal standards and so has passed the MOT.

Diesel Cars Rules are a Lot Stricter

Diesel cars that have a particulate filter (DPF) will find there are stricter limits for vehicle emissions. The DPF helps to reduce emissions by capturing and storing exhaust soot.

Cars will fail their MOT with a major fault if your exhaust is emitting smoke or the DPF has been tampered with or removed. Find out if your car has a DPF you can check your car’s handbook or check on the manufacturers website.

The new checks will take place during the test.

An MOT test will check brake pads and discs, warning lights as well as the following though this is not an exhaustive list:

  • Under inflated tyres
  • contaminated brake fluid
  • leaking fluids that could pose a risk to the environment
  • Reversing lights
  • Headlight washers – if applicable
  • Daytime running lights (on vehicles first used from 1st March 2018 – most of these will have their first MOT in 2021)
  • The design of certificate is also amended

The new certificate will now list any faults under the new categories and will be easier for the driver to understand.

The service to check the MOT history of a vehicle has been updated to reflect the changes.

Not all vehicles will be subject to an MOT

Cars over 40 years old potentially will not require an certificate .Previously, this only apply to vehicles 1st built before 1960. Cars reaching their 40th anniversary from when they were 1st registered or manufactured will not need an MOT certificate. Providing they have not been substantially altered or modified in the previous 30 years.

While you won’t need to apply to stop getting an MOT for your vehicle, you will need to declare it meets the rules for not needing an MOT each time you tax your vehicle. These vehicles must still be kept in a roadworthy condition. Cars found to be in a dangerous good condition could line the owners with a fine of up to £2500 and 3 penalty points.

No change to the following

The maximum DVSA fee that can be charged by MOT centres is not changing.

  • £54.85 for cars
  • £29.65 for a standard motorcycle

In January 2018, the government also decided to keep the age that a vehicle first needs an MOT at three years old rather than extending it to four.

Remember: A fine of up to £1000, for using a vehicle without a valid MOT certificate, can be levied against the driver or the owner 

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