A Guide to MOT

Any road vehicle that can be driven must be registered with the Ministry of Transport (MOT) and must have an MOT test carried out by a professional mechanic each year to make sure that it is safe to operate. If you do not have an MOT test carried out on your vehicle and continue to drive it, you will incur fines and removal of your vehicle.

JMW has outlined how and when you should have your vehicle inspected, the guidelines for MOT tests and the penalties you could face if you fail to comply with your legal responsibilities.

What is an MOT Test?

An MOT test is a mandatory inspection of your vehicle that should be conducted by an MOT-certified mechanic each year. The mechanic will check components of your vehicle that may cause risk due to wear over time, including the braking and fuel systems, seatbelts, mirrors and many more. If a vehicle fails an MOT test, it may need repairs before it can be legally driven.

Included in the MOT test is an emissions check that your vehicle will also be required to pass. This test will determine whether the vehicle’s exhaust emissions are too high - if they are, it will be deemed illegal to drive. Your vehicle will not need an emission test if it:

● Has fewer than four wheels

● Has a two-stroke engine

● Is an electric, hydrogen-fuelled or hybrid vehicle

● Is a quadricycle

MOT tests do not inspect the vehicle’s engine, gearbox or clutch. A separate test will be needed to make sure these are in good condition and you should have your vehicle serviced regularly to ensure that the engine system remains in good working order.

An MOT test certificate alone does not mean your vehicle is completely road-worthy, and you should perform regular maintenance between MOT tests to ensure it is drivable and safe.

When Should I Get an MOT Test?

Drivers in the UK are required to have their vehicle MOT tested every year if it is three or more years old.

If you believe there is something wrong with your vehicle, you should seek an inspection from a mechanic regardless of when your MOT is due, as it may prove a danger to you and others. An MOT test is not comprehensive and may fail to diagnose common mechanical problems, so a pass does not guarantee that your vehicle is safe to drive.

What are the Penalties for Not Getting an MOT Test?

Every month, the Driving and Vehicle Licensing Agency’s (DVLA) automatic database conducts a scan of all the registered vehicles in the country. If your vehicle has exceeded its MOT deadline, your licence plate number will become detectable on the Police’s Automatic Number Plate Recognition (ANPR) devices, as well as some static cameras, and they will be able to quickly track you down if you are driving without a valid MOT certificate.

If you are caught driving without a valid MOT test certificate, you will not incur any points on your licence, but you could be fined up to £1,000, and repeat offences will lead to further financial penalties. This fine commonly begins with a £100 fixed penalty notice, but repeated offences or failure to pay will result in increases and legal action. It is best to deal with this as soon as possible by booking an MOT test - it is illegal to drive without an MOT certificate unless you are driving directly to a test appointment.

As well as the maximum penalty of £1,000 for driving without an MOT test certificate, drivers of cars that are in a dangerous condition may incur an additional fine of up to £2,500 and incur three penalty points on their licence. In addition, you could invalidate your insurance policy with some providers, and be liable for third-party vehicle costs in the event of an accident, alongside repairing your own vehicle.

If your vehicle is due for an MOT test, and you are stopped by the police while driving to a test appointment, you will be asked to provide contact details for the mechanic or garage that will undertake the inspection for you. Most mechanics in the UK offer to conduct your MOT a month before the deadline, so you should aim to get it done within this window to avoid any issues.

If you have incurred points on your licence or a fine due to driving a vehicle that does not have an up-to-date MOT certificate, you should remedy this as soon as possible. Either pay your fine and organise your MOT test, or speak to an expert motoring offences solicitor about how you might be able to appeal them.

By Hojol Uddin, Head of Driving Offences at JMW Solicitors