The owner can drive their vehicle away from a MOT test garage which has just failed it, but it must have the previous MOT still within date. If not the vehicle can still be removed but that is on a flat back truck, unless towing is still legal
As we all know it’s illegal to drive a vehicle on a public road that requires an MOT certificate but without one, so maybe invalidating the insurance as well.
I did once ask my MOT tester about this exact point as, as you say, the previous MOT is still valid.
He just said "It's a grey area".
And it isn't illegal to drive a car with no MOT TO a testing station and AWAY from one to a "place of repair" if it fails.
So even if it doesn't have a previous MOT it can still be driven, just not any old where, but to a "place of repair". Which in many people's case would simply be "home".
This is what Gov.uk says today, which seems to be slightly vaguer that it used to be.
"Driving a vehicle that’s failed
You can take your vehicle away if:
- your current MOT is still valid
- no ‘dangerous’ problems were listed in the MOT
Otherwise, you’ll need to get it repaired before you can drive.
If you can take your vehicle away, it must still meet the
minimum standards of roadworthiness at all times. "
It used to state "to a place of repair" dunno where that has gone.
But elsewhere it says this, on the theme of "retest".
"Taking your vehicle away for repairs
You can take your vehicle away if your MOT is still valid.
Check your MOT history to find out when it runs out.
If your MOT has run out you can take your vehicle to:
- have the failed defects fixed (my words. i.e at a place of repair, i.e. at your place if you are going to repair it.)
- a pre-arranged MOT test appointment
In both cases, your vehicle still needs to meet the minimum standards of
roadworthiness at all times or you can be fined."
So I am going to carry on driving any of our cars that have failed their MOTs home to fix them, as I cannot see that it is in fact breaking the law, unless of course, it is a "dangerous" fail.