MOT tests are a mandatory requirement your car must undergo during ownership to prove that it remains in roadworthy condition.
If you know what to expect from the MOT test and prepare accordingly, then in all probability your car will pass it. You can read more about what’s included in a MOT test in one of our previous guides.
Even if you think you’re prepared, however, issues could still be discovered during the test, leading to failure. So what do you do in response?
If your car fails an MOT, then you will get a ‘refusal of an MOT test’ certificate and a list explaining which items on your car failed the test and why.
You may have no choice but to simply accept that changes are needed and retake the MOT test later. But if you're strongly convinced that your car should have passed the test, then there is alternative action you can take.
Getting a MOT retest
If your car fails an MOT test but you don’t think it should have, then you can appeal the result or complain to the Driver and Vehicle Standards Agency (DVSA). Before you consider doing either of these things though, it’s worth discussing your test results with the test centre that did your MOT test to understand their reasons for failing your car.
Assuming you still want to appeal after this, you can fill in a complaint form, available to download from the Government online, and send it to DVSA within 14 working days after the failed test took place. The DVSA should offer you an appointment within 5 days after sending the complaint to get your vehicle rechecked.
You may have to pay for a full test fee again, but it’s also possible to get a free retest. The DVSA says a retest can be free under two sets of circumstances:
• The car has failed the MOT and has been left at the testing station for repair and retest and will remain at the station.
• The car has failed an MOT test because of particular items which make it eligible for a free retest. This is providing it’s returned to the test station by the end of the next working day.
Which parts
If your car has failed an MOT due to any of the items (listed below) below being repaired, then you should not need to pay for a retest. It's worth stressing that any part which was mentioned as faulty in the failed test report which is NOT mentioned in the list directly below will in all likelihood mean paying for a retest:
• Bonnet
• Boot lid
• Brake pedal anti-slip device
• Direction indicatiors
• Doors
• Drop-sides
• Fuel filler cap
• Hazard warning lights
• Horn
• Lamps
• Loading door
• Mirror
• Rear reflectors
• Registration plates
• Seat belts (excluding anchorages)
• Seats
• Sharp edges or projections
• Steering wheel
• Tailboard
• Tailgate
• Vehicle Identification Number (VIN)
• Windscreen and glass
• Windscreen washer and wipers
Taking your own legal action
A possible route you can go down is to take your own action against the test centre which failed your car's MOT test, if you have reason to believe they've acted unfairly. Legal action can be arranged through either a Trading Standards office, personal legal proceedings or by reporting the test centre to the police.
Bear in mind that the DVSA cannot assist if you decide to take legal action against a test centre.
Can I drive my car if it failed its MOT?
A car that has failed its most recent MOT test can still be taken away from a test centre if its current MOT certificate is still valid.
If the MOT has expired, then you can still take your vehicle either somewhere to get its defects fixed (the defects that led to a test failure) or to a pre-arranged MOT test appointment.
In either case, the car will still need to meet the minimum standards of roadworthiness while being driven, otherwise a fine, penalty points or even a driving ban can follow.
