MOT testing might seem cut and dried but there is a grey area - if you take your car for an early MOT and it fails, is your old certificate still valid? We find out.
Recently, we wrote aboutcutting the cost of your MOT. One tip suggested drivers should book early to allow time to shop around for repairs.
However, after several of you emailed in with further questions about the law, we decided to explain this further and we’ve discovered a grey area when it comes to MOT testing.
Falling foul of these laws could not only land you in hot water with the DVLA and the police, it could invalidate your insurance.
We started with a simple question: You can arrange a test up to one month before your current certificate ends. But can you still drive the car if it fails the new MOT?
Well, it depends on two things.
If your current MOT has expired

The law is quite clear: you MUST have an MOT. Without it your insurance is void and you’re breaking the law.
So say, for example, your MOT runs out on 30 November and you’ve got a test booked for that same day.
If your vehicle fails and you need to wait a day or two to get repairs then you shouldn’t be driving the car.
Although the law states that in this instance you can take the vehicle to a test station for an MOT test booked in advance or bring it away from a test station after it has failed the MOT test, to a place of repair.
But otherwise, driving around between test and repair is an offence.
If your current MOT is still in date

Here’s where it gets complicated.
To encourage drivers to keep on top of vehicle maintenance, the Vehicle and Operator Services Agency (VOSA) allows you to arrange a new MOT test up to one month before your current certificate ends.
In theory, this means that if it fails you’ve still got time to get quotes and get it fixed before the previous MOT actually expires. The earliest date that you can do this is printed on your existing certificate.
However, if the vehicle does fail the new MOT, you shouldn’t be driving it. Here’s why.
Although you’re not breaking the law by not having an MOT (because your old certificate is still valid, remember) you could be prosecuted for driving a defective vehicle, if stopped by the police.

Whether it’s a broken lightbulb or brake failure, you’d be guilty of driving a car that has known faults.

So, your best bet is to get it fixed ASAP and not to drive it in the meantime.
A VOSA spokesperson confirms: “Should you present your vehicle early and the vehicle fails the test, your original certificate still remains valid until its expiry date.
"But this does not mean that you are entitled to continue to use a defective vehicle.
“However, once the defects are repaired you can continue to use the vehicle until either it is retested or the original test certificate expires.
"Remember a current test certificate does not allow continued use of a defective vehicle on a public road.”​