Can I Drive With MOT Advisories? The Legal Position Explained

The short answer is, yes, you can legally drive a vehicle with MOT advisories. An advisory note (formerly known as a “Yellow”) identifies a potential issue that is not yet serious enough to fail the MOT test. It does not render the vehicle unroadworthy.

However, ignoring advisories can lead to “Dangerous” defects, which carry a penalty of 3 points and a £2,500 fine. The law distinguishes strictly between Advisory, Minor, Major, and Dangerous defects.

MOT Defect Categories: Green, Amber, Red

Since 2018, the DVSA has categorised defects into three strict tiers. You must understand where your vehicle stands to stay legal.

The Risk of Using a Vehicle in a Dangerous Condition

While an advisory itself is not illegal, ignoring and allowing that advisory to worsen can lead to prosecution under Section 40a of the Road Traffic Act 1988.

If an advisory item (e.g., “tyre worn close to legal limit”) deteriorates into a Dangerous defect (e.g., “ply or cord exposed”), police can prosecute you for “Using a Vehicle in a Dangerous Condition.”

The Penalties

• 3 Penalty Points on your licence.
• Fine of up to £2,500 per fault (e.g., 4 bald tyres = £10,000 potential fine).
• Disqualification (Magistrates’ discretion for repeat offenders).

3 Common Advisories You Should Fix Urgently

Just because it passed, doesn’t mean it’s safe forever. The following advisories can deteriorate quickly and should be addressed within 3 months:

• Brake Pads Wearing Thin: A thin pad is legal, but 500 miles later it could be metal-on-metal (Dangerous).
• Tyres Close to Legal Limit (1.6mm): Wet weather stopping distances increase dramatically below 3mm.
• Corrosion to Sub-frame: Rust never sleeps. Slight corrosion today is structural failure next year.

Frequently Asked Questions

Conclusion: Roadworthiness is a Continuous Duty

Passing your MOT is not a free pass to ignore your vehicle’s condition for another 12 months. The law requires your vehicle to be roadworthy every single time you drive it.

Driving with advisories is legal, but driving a vehicle in a dangerous condition is a strict liability offence. If your advisories worsen, you risk 3 penalty points, a £2,500 fine, and potentially invalidated insurance.

The smartest legal strategy is to treat an advisory as a “fix list” rather than a “pass.”

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Neil Davies

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I am a criminal lawyer with over 25 years of experience and specialising in the defence of Road Traffic (driving) prosecutions and the founder and Senior Partner of Caddick Davies Solicitors.

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