The MOT loophole that could see you hit with a £2,500 fine, plus three penalty points – even if your most recent test is valid

British motorists are being hit by fines for having a new MOT test carried out before their current certificate expires.

Drivers across the UK are being stung with fines from after failing an MOT. A failed test is recorded on the national database, leaving drivers liable to traffic police and prosecution.

UK motorists are putting their car in for an MOT early to find out if any faults need repairing, believing that they can still drive the vehicle until the previous MOT expires.

However, if their car fails it is instantly recorded as no longer road legal. This applies regardless of how long the old MOT’s validity has left.

Motorists who choose to use their vehicle after a failed MOT test  are putting themselves at risk of being slapped with a £2,500 fine, a driving ban and three penalty points – even if the previous MOT certificate is still valid, according to the DVLA.


Check your car tax, car insurance, MOT and driving licence are valid here

You can put your car through an MOT test up to one calendar month before the expiry date of your existing MOT certificate, while still preserving the anniversary of the expiry date. So if you have your test carried out a month before your MOT expiry date, your MOT will be valid for 13 months.

The DVLA website states;

If your vehicle fails the MOT:

You’ll get a ‘refusal of an MOT test certificate’ from the test centre

It will be recorded in the MOT database

A current valid MOT certificate does not make your car road safe. If serious faults or an MOT fail is flagged up by an MOT inspector, you could be left liable if you don’t address the raised issues.

If you crashed or had an accident after being notified of a failed MOT, you could end up being prosecuted in court.

If you’ve got an upcoming MOT, you might want to think carefully before booking it in early, assuring that you’ll be able to get any possible issues addressed immediately.

According to the DVLA:

If your MOT has run out you can take your vehicle to:

Have the failed defects fixed

A pre-arranged MOT test appointment


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2 comments for “The MOT loophole that could see you hit with a £2,500 fine, plus three penalty points – even if your most recent test is valid

  1. Zubair Esmail
    16/09/2017 at 2:33 pm

    If it fails an MOT, it wasn’t road legal in the first place regardless of whether it has an MOT or not. Drivers are responsible to ensure their vehicle’s are kept roadworthy at all times.

    • Pete Barden
      18/09/2017 at 10:26 am

      This is true.

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