To not let my children in a car with a failed mot and no tax

[General3857492]

I have recently been made aware that my children's dad’s car has failed it’s mot. He told me as he couldn’t have them for the weekend as he was unable to drive to pick them up (I don’t drive). I have since checked up on the gov website and it’s not been updated as passed (I think it’s just been failed, he’s realised it’s too expensive and left it) and has not been taxed for the duration.

I have told my ex that if he wants the kids to go in the car the website will either need to update as having valid for both of them or he will need to provide evidence to me. He is refusing to send valid evidence even though he’s adamant that Everything is up to date, even though the website says that it is not. He has told me I need to get a court order to get any kind of proof off him 😴 am I being unreasonable to not let them in the car (he will not see them if they are not able to go in his car)

Why do people think this? Once it's failed that's it. It's no longer covered by the previous MOT. Faults have been found and a piece of paper with a later date on will not suddenly make it safe.

I agree. The car could be downright dangerous. The fact that he doesn’t care and is persistently lying about it is a real concern.

OK. If there's a court order you may feel you have to allow them.
We foster and we've just done some training today and this 'court order/schedule' came up regarding IF you felt the children were at risk atcontact, you CAN stop the contact along as you advise an 'official' ie sw / court official/ family worker within 24hrs.
Infact if you KNOW there is a risk and you allow it to go ahead, and something happens, then you will be held responsible.

I'm not sure if untaxed car/mot would warrant that but there is a reason we have those things and it's to keep driver /passengers/ other people safe.

Personally it's a no for me.

People think this because they’re correct. The existing MOT remains valid until expiry, it’s not voided by having failed a subsequent test. You can be done for driving a car in a dangerous condition of course but that’s the same regardless of the MOT status. Even with a dangerous fail you can repair it then carry on driving the car until the existing expiry date.

DH's tax expired on 31/10/23 and he either didn't get the renewal letter or he mislaid it. It was only when he got a letter a couple of weeks ago that he realised that he had been driving around with no tax for the best part of 4 months.
There is something to be said for the paper tax discs that we used to display on the windscreen.

Couldn't agree more on the tax disc in the window.

Maybe approach it another way. Explain to him you have zero issue with him seeing his child. Explain to him you have 100% issue with him putting your child in a car with no MOT/Tax/Insurance.

Warn him the second he turns up you will report him to the police. No issue with what he does in his own time (Although its downright aborrant that he would drive without the proper insurance etc in place) but when he has your child he must be 100% legal. Thats not grassing up, thats protecting your own child.

A fail invalidates the existing one if it's failed because it's dangerous or unroadworthy. I think if it's failed on a minor point you can still drive it.

Sometimes it’s taken a few days for tax to update on system for me but mot is always instant.

This 100%

The car failing the MOT means that a trained professional has deemed the vehicle, at that time does not meet standards to be roadworthy. He may well have fixed the issues but unless the car is spit through another MOT, it is showing in systems as not road worthy. It can take a little while for systems to update, however I had my MOT done yesterday and the result was visible within an hour.

Lack of tax and insurance doesn't mean the car is not safe (just not legal to be used on the roads). If he has had the majors highlighted on the MOT he should be able to get it retested this week, then tax it and insure it before he needs to take the children in it.

If he cannot demonstrate (via the gov website) that the car is not meeting standards then I would refuse access to the children (if you think he will drive with them).

This is the extreme outcome of a badly maintained vehicle

www.dailymail.co.uk/news/article-1129318/Jailed-father-feels-guilt-4x4-crash-killed-children.html

Quick way around this report to police that you know of a uninsured and not taxed and mot car being used that's what I would do sod playing games with the stupid twat he's putting your children's lives at risk if he's driving a car that's not safe I really wouldn't be giving a shit about him and the consequences he faces for his own stupidity.

The MOT website for the government is what i'd be believing as opposed to the ex I'm afraid. If that website says its not Taxed and has no MOT then its pretty safe to say its no MOT and is untaxed.
If you've any doubts and you know he has been driving the car - report the untaxed, uninsured vehicle to the non emergency number. That'll soon iron out any discrepancies...

Not always true.
Most insurers require the car to be roadworthy - which could mean they had a valid MOT but were not roadworthy, or could be roadworthy and not have a valid MOT. A few insurers specify an MOT, but it's not many.
In any case, a third party would still receive payment.

Every insurance policy I've had, a condition of insurance is that the car has current MOT

You can check if a car has valid insurance online by entering the reg number.

Car insurance
link above hopefully

And that way, we will all know if it is indeed taxed/mot and insured.

No, it doesn’t. The existing MOT remains valid. There is no mechanism to invalidate the existing MOT. As I said previously you can be done for a car in a dangerous condition but not for no MOT in those circumstances. If you repair the dangerous fault then you’re good to go until that original expiry date.

I have had it take a day or two to update, I think it varies but I always have it done well before it expires anyway

I don't think the police bother do they if you report it, I doubt they will do anything especially if it's on private land.

Any car could be downright dangerous the day after an MOT, having an MOT doesn't mean your car remains safe for a whole year

100% this. The reverse is true as well of course, not having an MOT doesn’t make a car unroadworthy or dangerous. Just look at the 40 year old rule, personally not one I agree with.

It's so simple these days, car fails, get it fixed and re try at the garage. It's instant in Wales. My insurance would be invalid in Wales too