MoT: Drivers in NI face penalty as test centres tackle backlog

Drivers struggling to book an MoT because of the backlog at testing centres in Northern Ireland could still face prosecution if their vehicle is not taxed.

A valid MoT is required to tax a vehicle but some people are waiting months for an appointment.

Exceptions have been made to allow people to keep driving without an MoT.

However, this has led to confusion around whether or not people can drive without tax while waiting for an MoT.

The Drivers and Vehicle Licensing Agency (DVLA), which is responsible for vehicle tax, said enforcement action can still be taken.

MoT tests were suspended on several occasions over the last two years, due to safety concerns about equipment being used and the coronavirus pandemic.

Testing resumed fully in July 2021 but a significant backlog had developed, creating delays in the booking system.

The Department for Infrastructure and Police Service of Northern Ireland (PSNI) have agreed not to prosecute motorists for driving without an MoT, as long as they can show proof that a future test is booked and their vehicle is roadworthy and not subject to a statutory off-road notification (SORN).

However, the DVLA has said the only time an untaxed vehicle can be used on the road is if it is being driven to or away from a pre-arranged MoT.

A spokesperson said: "Where a vehicle has not been taxed and the keeper has not declared it off the road (SORN) we can take enforcement action.

"Also if an untaxed or SORN vehicle is seen on the public road, enforcement action can be taken," the DVLA spokesperson said.

People can face prosecution for being the keeper of an untaxed vehicle and also for driving one.

DVLA can identify these issues on their vehicle register or if a report is made to the agency.

Enforcement includes fines of up to £2,500.

Vehicles may also be clamped.

In terms of policing, PSNI officers do not prosecute for the offence of having an untaxed vehicle but they can make a referral to DVLA if they detect an untaxed or SORNed vehicle being used or kept on a public road.

Currently, both the DVLA and the DVA are issuing tax and vehicle test reminders six weeks before expiry.

Those seeking to tax their car must make a payment to DVLA while their MoT certificate is still in date, even if their upcoming test is delayed.

People can also ask to tax their vehicle up to two months before it expires by posting their log book, a letter explaining why they're making an early application, a completed application form, a valid MoT certificate and their payment to the DVLA.

If a vehicle is not taxed before an MoT expires, owners must make a SORN to officially take it off the road and avoid prosecution.

A vehicle cannot be driven if it has been 'taken off the road' officially, as the SORN will have to be removed first.

Meanwhile, the DVA advises members of the public who require an MoT to tax their vehicle and cannot secure a date before it expires to:

A DVA spokesperson said customers requiring an MoT to tax their vehicle will be given priority.

"If a customer gets to within five days of their MOT expiry date, they should contact [email protected] and the DVA will do its best to secure an urgent appointment for their vehicle.

"To date, all customers who have contacted the DVA in these circumstances have been offered an earlier appointment slot."

East Antrim assembly member Roy Beggs, who sits on Stormont's Infrastructure Committee, said vehicle owners in Northern Ireland are at an unfair disadvantage to those in England, Scotland and Wales, as other jurisdictions are not faced with ongoing issues surrounding MoT appointments.

Speaking to BBC News NI, Mr Beggs said the only way to relieve the issue with MoT delays, and in turn confusion surrounding taxing vehicles, is for temporary exemption certificates to be issued.

Temporary exemption certifcates were applied to certain groups of vehicles automatically while MoT tests were suspended to allow them to be taxed and kept on the road.

They are no longer being issued since all vehicle tests have resumed.

"It is an easy solution," the Ulster Unionist Party assembly member said.

"I have requested that some temporary exemption certificates are issued to take the pressure off individuals and MoT staff who are already working high levels of overtime.

"The infrastructure minister has resisted that when I raised it in the assembly due to road safety concerns.

"But I think there could be exemptions for newer vehicles where you'd expect fewer mechanical problems, until we get over this hump."

Mr Beggs also thinks biennial MoT testing would help alleviate the situation.

Infrastructure Minister Nicola Mallon concluded a consultation on biennial testing in October, which could see vehicles tested every two years rather than annually.

But the findings have yet to be released.