Can I Drive With MOT Advisories?

It is not uncommon for drivers to receive MOT advisories on their vehicles. However, you may be asking the question, can I drive with MOT advisories?

The answer to this question is not simply yes or no and can depend upon the advisories given, how long they remain unresolved and what impact they have on the vehicle over time. This article will outline what MOT advisories you need to be aware of, the potential legal implications of driving with advisories and what options are available to you should you be charged with an offence.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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What Are MOT Advisories?

Most vehicles require an MOT or Ministry of Transport test every 12 months with the exception of new vehicles that can be driven for three years before the first MOT is required. There are some additional exemptions for classic vehicles that were built or registered more than 40 years previous (with no substantial changes having been made).

The MOT test itself is an inspection of the vehicle done to ensure it meets the minimum road safety and environmental standards required. There are three possible outcomes of an MOT test:

1. Pass – This is where the vehicle meets all legal standards
2. Pass with Advisories – The vehicle has passed but issues are noted that may worsen over time
3. Fail – The vehicle does not meet the legal standards and cannot be driver on public roads unless it is repaired, re-tested and passes the test again

So what are advisories? Well these are warnings given for aspects of the vehicle that are close to a point of failing or being defective. There are a number of ‘consumable’ parts to a vehicle which are regularly picked up as an advisory such as brake pads, minor oil leaks or slight corrosion.

The purpose of an advisory is to warn the vehicle owner of issues which may cause the car to fail down the line.

Is It Breaking The Law To Drive With MOT Advisories?

Technically speaking it is not an offence to drive a vehicle that has MOT advisories as the vehicle is still classed as having passed the test.

That being said, passing an MOT does not give you a free pass for 12 months until your next test. A vehicle may still be deemed unroadworthy whilst holding a valid MOT. Many advisories could deteriorate or worsen well in advance of the next MOT test and it is the responsibility of the driver to ensure the vehicle is in good working order at all times.

Should any of the advisories worsen or the vehicle condition deteriorate the driver could be held liable and face legal consequences.

______________________________________________________________________

Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

_______________________________________________________________________

Potential Offences Occurring Due To MOT Advisories

There are a number of motoring offences which can be committed as a result of failing to rectify advisories noted in an MOT. These can range in severity and may depend on what aspect of your vehicle is affected.

Defective condition

A common offence is using a vehicle in a defective condition. This includes defective brakes, steering and tyres all of which are offences detailed within Section 41A of the Road Traffic Act 1988.

These parts of a vehicle are often considered ‘consumable’ in that they can wear over time and require replacement or may deteriorate if they are not maintained.

In some cases it is not always easy to spot the defect in question with tyres wearing on the inside edges and brake pads not being easily accessible. The safest bet is to rectify any issues when they are advisories to ensure you stay compliant.

Condition of vehicle/accessories/equipment involving danger of injury

If you are driving a vehicle that is deemed to be a dangerous condition which causes a danger of injury then you can be charged with an offence. Whilst this could include issues with brakes or tyres, the law is broader than other sections of the legislation and allows for any aspect of the vehicle to be considered. A good example may be using a vehicle that does not have seatbelts in a good working order.

Causing death by dangerous driving

Death by dangerous driving is one of the most serious motoring offences that can be committed and it is not simply the manner of your driving that can lead to you being charged. Section 2A of the Road Traffic Act clarifies the definition of ‘dangerous driving’ and it is outlined that:

“A person is also to be regarded as driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.”

It is therefore the case that you may be guilty if you drive a vehicle in a dangerous condition and cause the death of another.

Whilst there must be some objective dangerousness present with the condition of the vehicle, and not simply an advisory issue picked up by an MOT, driving a vehicle that has defects could place you in a precarious position. An unchecked issue which becomes and obvious danger could lead to a very serious offence occurring.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

_______________________________________________________________________

What Are Your Options?

Fixed Penalty Notices

Offences which relate to using a defective vehicle can generally be dealt with through a fixed penalty notice. This is because these offences are common and not usually considered serious.

The police may offer you 3 points and a reduced fine in these cases. If you are guilty of the offence it is advisable that this offer is accepted.

Challenging The Case

Not all charges result in the offer of a fixed penalty and even in cases where this is offered, you may not believe you are guilty.

You will always have the option to enter a not guilty plea to any criminal charge brought against you. Of course, the strength of any defence will depend on the circumstances of your case. Some common defences are:

• Factual denial – such as the vehicle not being in a condition involving danger of injury
• An argument that the fault occurred suddenly and unpredictably

Presenting Mitigation

An alternative approach is to present mitigation in order to keep any sentence to a minimum. Mitigation could be evidence that you regularly check the vehicle, had passed and MOT or complete services when required. Some forms of offence mitigation can even lead to the court not imposing any penalty, these are known as special reasons arguments. A special reasons argument is relevant if the circumstances of the offence show you to not be at fault or to have a reduced culpability.

Some mitigation can be dealt with in writing whilst more serious or complex matters may require court attendance and the support of a legal specialist.

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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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