MOT and car insurance

[dancecaller]

If a car has failed it's MOT but the old certificate still has a few days to run is it leagl and still insured to drive it?
The Motoring forum here seems to think it will be safe to drive while I'm waiting for the garage to get the new CV gaiter, but are divided about whether my old certificate is still valid.

[NORMANTHEDOG]

of course it is legal to drive the car,it has a current mot,and is valid till the day it runs out,whetther its failed a new mot or not,and as for safe,we have given you our opinion on that in motoring,my family run 2 mot stations and can assure you this sort of thing happens all the time,thats why you should have it done early,so the old mot covers you while any work needs doing,so stop being silly and dont worry.

[Ethel]

An MOT certificate is valid until its expiry date. However if your vehicle fails a test before this date and you do not rectify the defects then you are driving an unroadworthy vehicle which is an offence.

So yes - the MOT is valid.

[ABer]

MOT computerisation has affected the system in regard of the prosecution of offences in a subtle but crucial way.

The old system relied on the issue of a paper certificate as proof that the registered keeper had fulfilled their legal obligation in subjecting their vehicle to an annual check (where applicable) on key items of basic roadworthiness. Possessing this pass certificate meant you need not test the vehicle for 12 months (plus any extension). If you retested early and failed it was difficult for anyone to know of the existence of the failure notice. If you were subsequently pulled for the failed item you could act innocent and if prosecuted would most likely be charged with a Construction & Use offence (FPN(e) �60 + 3 points or in Court max penalty �2500 + 3 points).

Now with computerisation the "certificate" is just a receipt (sheet of A4 with no security features). Anyone (e.g. Police) wishing to check the authenticity of an MOT must use the central database which records all fails (and advisories) in addition to passes. If the most recent entry is a fail then this will alert them to the defect and can be proof that you are knowingly using an unroadworthy vehicle.

Depending on the defect, and bearing in mind that if it was inherently dangerous the MOT Tester should not release the vehicle, to knowingly use an unroadworthy vehicle can be an offence of Careless Driving (max fine �5000 and 3-9 points or disqualification) or possibly Dangerous Driving (max 2 years custody and/or unlimited fine, along with disqualification or 3-11 points for "special reasons").

This proof of vehicle unroadworthiness will also enable Insurance Providers to reduce their payment in regard of non 3rd party claims where applicable.

It seems to me that this preoccupation with "is the MOT certificate valid?" (max fine �1000 or �60 FPN) pales into insignificance when you consider the above.