“I have recently undertaken some repair work to a vehicle that has failed its MOT. As it doesn’t have an MOT, am I able to test drive the vehicle to check the work?” It is likely that members are testing vehicles daily in one form or another. However, it is often the simple everyday tasks that are the most challenging to provide a definitive answer, not least of which because we all think we know it already. The Motor Vehicles (Tests) Regulations 1981 identify several situations where a vehicle is exempt from the requirement of an MOT, this included a number of situations relating to the MOT testing itself, including A vehicle travelling to (or from) a prearranged examination [i] A vehicle being transported by a Ministry Inspector during an examination to a place where part of the examination is being carried out [ii] Where a test certificate is refused, Driving the vehicle to or from a place where pre-arranged repair work will be undertaken [iii] Towing a vehicle to a place where it is to be broken up [iv] For the purpose of testing by a motor trader during, or after the completion of repairs. [v] Test Driving during or after a repair “(g) for the purpose of testing it by a motor trader as defined in section 16(8) of the Vehicles (Excise) Act 1971, to whom a trade licence has been issued under that section, during the course of, or after completion of repairs carried out to that vehicle by that motor trader.” It should be noted that this is not an exemption for general use of the vehicle. Any test drive must be during the course of or after completion of the repairs. It is also requirement for you to hold a Trade License. In Conclusion, The regulatory regime is there to ensure that vehicles being used on the road are safe. The starting position should always be that it is illegal to drive a vehicle without an MOT, doing so risks criminal sanction both for the driver as well as the employer concerned. Even where an exemption applies, you will remain liable for any damage or injury caused, particularly where the condition of the vehicle was known. You should always satisfy yourself that the condition of the vehicle is safe for both the driver and other road users and where possible document any checks. Any testing should be kept to a minimum and additional care should be taken. You should also check that you hold suitable insurance for the activity. As always, this advice is general in nature and will need to be tailored to any one situation. As an RMI member you have access to the RMI Legal advice line, as well as several industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate. Motor Industry Legal Services Motor Industry Legal Services provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only regulated law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members. [i] Section6(2) (a)(i) of The Motor Vehicles (Tests) Regulations 1981 [ii] Section6(2) (a)(ii) of The Motor Vehicles (Tests) Regulations 1981 [iii] Section6(2) (a)(iii)(A) of The Motor Vehicles (Tests) Regulations 1981 [iv] Section6(2) (a)(iii)(B) of The Motor Vehicles (Tests) Regulations 1981 [v] Section6(2) (g) of The Motor Vehicles (Tests) Regulations 1981