AIBU to be angry with garage over Dangerous MOT fail?

[User10204842]

I took my car in for its mot yesterday, I’ve been with this garage for a couple of years and they’ve been brilliant up until now.
I thought it was strange when I dropped it off, the lady asked me when I wanted it back? I said I wasn’t sure how much work needed doing so whenever.
AIBU that when you take your car for an mot (at a garage that does your other repairs) you expect them to fix any minor issues and advise you about majors? This is what all garages I have taken my car to have done in the past.
Usually they call you and explain what work needs doing, you agree on it and they do it.
Anyway, yesterday I got a call saying my car was ready but it needed some work. They can’t fit me in until next week, so I agreed a date and set off to pick it up.
When I get there she only charges me for the MOT, £30, and sends me on my way. No one explaining what work needs doing, so I shoot off to get daughter from nursery.
I completely trust this garage, they have been brilliant in the past so had no reason to question them.
When I get home and look at my certificate I see I have a dangerous fail on the brake pads. I’ve not had a dangerous before so I look it up and see I shouldn’t even be on the road!
At this point I am absolutely livid, I could have been fined £2500 if caught.
Anyone else had this situation, and AIBU to be angry with the garage for giving me the impression the car was safe to drive.

The new category of dangerous is new to me, and I suspect to many people.

What I’m not clear about is whether the OP’s car failed because it was dangerous or if it was a major fault fail.

As I now understand it, If it was a major fault - OP was OK to drive home & can drive back to the garage for the repairs.

On the other hand if it was a dangerous fail, she should NOT have driven home and the garage are in the wrong for not making this clear.

@User10204842

I think the main issue is I wasn’t aware of this new Dangerous category. You can drive on a major as long as you have a valid mot certificate and you are getting it repaired. I’ve got plenty of time left on my mot, I don’t ever leave things with my car to chance! Just to everyone on the thread who isn’t aware of the new dangerous category. Next time you take your car for an mot make sure you’re prepared to either hire a low loader to remove your vehicle or potentially leave your car with the garage for weeks, even for a simple fix like brake pads. If you get a dangerous you can’t even drive your car home or to another garage! This has completely caught us out. Husband has just checked them and says they are not on the metal but they are below government depth requirement. They have been fine to drive on and felt / sounded ok. (I know what it sounds like when they are worn!).

Is the "government required depth" for an mot test or to be roadworthy, you might find there's a few mm on the pads either could be legal (I'd need to check) but they can't say will be fine for another year. You are massively over reacting

if your car fails an MOT for any reason then it can not be driven (unless for MOT purposes) until it passes, minor or major. Even if there is time before the old one ran out. Once it has failed it no longer has an MOT. Its all computerised now too

I'm surprised they let you drive it away. I had my MOT last week, failed on a non-dangerous fault, so my existing MOT remained valid til expiry date and there was the choice to take the car and fix elsewhere. They said if it's a dangerous fault they can't legally release the vehicle to you to drive away as your previous MOT is automatically invalidated

They’re lying cunts. They have no such power. Never use that garage again!

@sirfredfredgeorge after the brake pads are replaced it will no longer have a dangerous fail. So for example I get pulled over, police check mot and say ‘you’ve got a dangerous fail’ I can say no it has been repaired. They can then check they have indeed been repaired and I can drive, but will need to retest before mot expires.
@Cuck00soup I have a dangerous fail, the brake pads. And a major which is a side light bulb. I can drive with a major as long as it’s repaired before mot expires and I retest before expiry.

Worn below 1.5mm is a dangerous fail, regardless of how well they work in the efficiency test:

www.gov.uk/guidance/mot-inspection-manual-for-private-passenger-and-light-commercial-vehicles/1-brakes#section-1-1-13

So it's almost certainly correct MOT failure, and is dangerous, it is strange that the garage did not inform the OP more that it was dangerous and couldn't be driven, so it's certainly worth questioning the garage more why they didn't, but obviously there's nothing a garage can do to stop someone driving it away.

@Boatingforthestars what am I over reacting about?

So I’m starting to think a mechanic should have spoken to the OP and not the receptionist. It’s poor that she can’t get through to them by phone too,

@Shade17 I don’t think they can legally stop you from driving away. Not sure where the duty of care is to let you know you’re breaking the law by driving after a dangerous fail… this is my issue.

I'd expect them to tell you it had failed and why, also what did you think you were booking it in for? I wouldn't book to have "miscellaneous " work done, it could be anything and I'd need to kniw the approx cost.

I'd expect them to have told you but also if they didn't I'd have asked them.

@RandomLondoner

How much clearer do you want? They gave it to you in writing!

In 30-odd years of having MOT's done, I've never had a garage not tell me verbally what work needed doing. To be fair, that's usually because they phone me up for authorisation to do the work immediately.

The garage were definitely less clear than I've ever experienced.

I agree. My garage always phoned me if it needs any work doing. I joke with the mechanic I can tell if it needs work or not by the time they call me.

They always let me know any advisories too. There is no way they would let me drive off the forecourt without telling me the car had failed and why.

@Gizlotsmum

I have always been told if my car has failed the MOT and why, I would also be surprised that a garage let you drive with dangerous brakes without explicitly telling you as I think they can be held responsible… I would question it, it sounds like a mistake especially if they are usually good…

No, the liability is fully with the person behind the wheel.

But morally, you could certainly argue that the garage should have made sure the driver was aware of the implications of a dangerous fail.

When you collected the car you should have asked if it was a pass or fail, and should also have asked what work needed doing.
From reading your post it seemed you were in a rush to collect your child therefore didn't take the time to ask.
That owness is on you

I guess they handed me some paper work, I didn’t read it properly but no one verbally told me it had a dangerous fail and it was illegal to drive. I will know for the future and have a backup when the next mot is due. We are now without a car, not too bad as I can walk to most places and can get train to work if necessary. Pushchair to nursery etc and Mum has offered to get our shopping so it’s not a desperate situation, just feel sick at thought that I drove it home completely oblivious.

@ImFree2doasiwant she told me it needed new brake pads but didn’t say it was a dangerous fail or that I couldn’t drive my car until it was done.

I don't understand why either on the phone or when you picked the car up, when they said it had failed the MOT you didn't ask what did it fail on? How could you not ask that question?

When they then said brakes you would have then asked the obvious "is it ok to drive" question...

The garage gave you the report in writing. Totally on you op.

@ImFree2doasiwant and I didn’t think to ask is my car road legal, seen as she told me to come and pick my car up and bring it back in 2 weeks!

@WeAllHaveWings I guess I assumed it was safe to drive as she told me to come and collect it and drive away.

@User10204842

You can drive on a minor can’t you? I’ve tried to get on touch no reply. That’s why I’m wondering what other people have done. Also, I accept that I shouldn’t have driven but in the past they have fixed majors for me on the day. I’ve never taken a car for an mot where they literally do the mot test and nothing else. That’s like a council run test centre isn’t it? Usually a garage would also do the repairs at the same time?

You can drive on advisories. You can't drive on a fail

@tigger1001 @RandomLondoner yes this has always been my experience, they call you up, tell you what needs doing to get it through and then you agree. I always provision in the next day of having no car as well in case it needs longer.
I don’t know, think they must be busy, usually a mechanic goes through it with me. I definitely should have read and will do next time.

It'll be a chore being without for a while but no harm really done.
You didn't get a fine, you have got some brakes and thankfully they didn't fail when you used them.

Let the shock wear off and chalk it up.
It's a reminder that it's our job to make sure we are legal and now you'll know how to check brakes at a glance

I really don't think you should be driving if you can't work out that it's your fault you drove

@HalzTangz I knew it had failed but I wasn’t aware that it was completely illegal to drive on a dangerous fail. I’ve driven on a major fail before when they’ve had to book me back in for bigger work. That is actually legal.

I would have expected them to tell me about a major fail for the MOT.
In particular, they should never have told you to go away and come back the following week.

Each time that our car has had an issue like this, they’ve kept the car and did the work ASAP. (And not the week after either)

[quote User10204842]@Boatingforthestars what am I over reacting about?[/quote]
That your car needs to be towed around on a low loader, just leave the bloody thing there if you don't want to drive it.
There is standards for a car to pass an mot if those standards are not met it falls into the categorys dictated by vosa.
I'm guessing on your way to it's mot you didn't rear end every car that stopped infront of you, assuming your brakes work it will be safe to drive home and likely short distances.

Would I drive it? yes if there's "meat" on the pads.
Would I drive 4k miles around the continent next week? No. Its about using your brain.

As for a legal point, yes it is deemed dangerous in the eyes of the law, but so is speeding and Im sure you've done that once or twice in your life.

I don't know why they needed to tell you assuming you can read, if you can't you probably should have asked them to read it to you.
Pretty sure it even states on the MOT category what you can or can't do too.