Whether you believe your car should have passed the MoT but didn't, or even if you think the car shouldn’t have passed but did the course of action is the same. But first we'll take a look as the test, and what you should expect from it.
What does the MoT test cover?
Once a car gets to three years of age you must have an MoT every year. The test checks a vehicle's safety, roadworthiness, and emissions and the test is mandatory. You won’t be able to tax your car if you do not have an up-to-date MoT. The following components are tested:
- Bodywork and associated structures
- Brakes
- Driver's view of the road
- Steering and suspension
- Seat belts
- Wheels and Tyres
- Exhaust system
- Fuel and emissions
- Tow bar and associated electrical connections
It is important to note that the MoT doesn't check the condition of the engine, gearbox, or clutch so they cannot be held accountable for any failures in this area.
The testers are also not permitted to remove, or take any part of the car apartThis means that if something is inaccessible, but would normally be tested it is likely to be listed as an advisory, but not failed.
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What you should expect from the MoT test
While the MoT tests the roadworthiness of your car, you need to be aware that the moment you drive away from the test centre there is absolutely no guarantee that the car won't break down. Much in the same way that buying a car with an MoT does not guarantee the car is free of defects.
If you do purchase a car with an MoT and subsequently discover faults that must have been present at the time of the test (such as excessive corrosion) then you are within your rights to complain, and query the validity of the MoT certificate.
What is the difference between Advise and Fail on the MoT test?
The MoT tester's manual is generally very specific, and there's not a great deal of room for interpretation, so in theory each test should be identical, and every tester should conduct identical tests - but in the real world subjectivity still comes into play, and one tester may fail a component that another would list as an advisory.
You do need to be fair, and accept that while you may believe something should only be an advisory the tester may decide it's grounds for failure.
If however you genuinely believe your car has failed when it shouldn't have, then you can appeal against the decision.
How to appeal your MoT test result
If you want to complain because you believe your car shouldn't have failed the MoT then you must contact the Driver and Vehicle Standards Agency (DVSA), the Government body in charge of the MoT test as soon as possible after the test.
You can download this form here. Despite it being online you have to download, fill in and email to csccomplaints@vosa.gsi.gov.uk. If you're not able to email you can post to DVSA, The Ellipse, Padley Road, Swansea SA1 8AN
It's important that if you wish to appeal you do so within 14 days of the testThe DVSA will offer you an appointment to recheck your vehicle.
Be aware that you will be required to pay the full test fee again (this will be no more than £54.85)After the retest they will send you an inspection report listing the defects or advisory items.
The DVSA state that you should not have any work or repairs carried out on your car until they inspect itIt's worth noting that the retest is likely to be very thorough, and it's not unheard of for new faults to be discovered.
What if you think your car shouldn’t have passed its MoT test?
This is a much rarer occurrence, and it's a tricky one to prove, as it's not always clear whether the fault occurred pre, or post MoTAll corrosion related issues must to be reported within 3 months from the date the MoT was issued.
All other defects should be reported within 28 days. The DVSA will invite you for an appointment, at your expense, to test the car within 5 days.
What if you think a car’s MoT certificate is fake?
If you've bought a car and think the MoT isn't genuine, then you can check online here. It will tell you whether then is any MoT covering the vehicle, when it runs out, and what the results of the previous MoT's were. It's a useful tool when buying a used car, particularly as it gives you the MoT history so you can see if what the previous failures and advisories have been.
What if you’re still unhappy with your MoT test result?
If you're not satisfied with the service, and/or result of the test or re-test – you can complain to Trading Standards, report the MoT centre to the police, or take out personal legal proceedings. For obvious reasons we'd strongly advise attempting to reach a resolution with the MoT centre that carried out the test before escalating your complaint to the DVSA
DVSA Contact Details
DVSA: 0300 123 9000