Classic car owners warned they risk fines as thousands no longer need annual MOT

Classic car owners are at risk of fines, experts have warned, as new MOT rules mean thousands are exempt from the annual test and could overlook problems. 

Changes which came into force today for cars in England, Scotland and Wales will make it harder for polluting vehicles to pass the test.

But the government has also exempted nearly 300,000 cars over 40 years old from MOT testing completely.

The change will affect iconic vehicles like E-type Jaguars as well as less well-loved cars including early models of the Austin Allegro and Lada VAZ.

Experts are concerned drivers could be caught out if they think they have carte blanche.

Clive Robertson, who specialises in classic car law for solicitors Healys LLP, said: “It doesn’t mean the cars don’t need to be roadworthy, it just puts the onus on drivers.”

He recommended owners continue to opt in to the scheme. “Some people are very mechanical and get under their cars and check them,” he said, “but some just jump in at the end of each Spring and drive off.

“An MOT will tell you if you’ve missed something - or if something’s about to go wrong.

“If you don’t have it, and you have missed something, you will suffer the wrath of the law.”

Fines of up to £2,500 can be levied to drivers of unroadworthy vehicles, as well as three penalty points.

The Driver Vehicle and Standards Agency (DVSA) introduced the change following a 2017 consultation by the Department for Transport.

Clive Robertson, classic car law specialist

Previously 197,000 cars built before 1960 did not need an MOT. This changed to a rolling 40-year age limit yesterday adding a further 293,000 vehicles to the exempt list.

The DfT found cars of this age are usually maintained in good condition, are used rarely, and for short trips. Death and serious injury rates per vehicle are also substantially lower for older cars. The change will save classic car owners the cost of an annual MOT as well as associated costs.

The other changes, most of which seek to make cars less environmentally damaging, will not affect motorists until it comes time to have their vehicle checked.

Drivers of diesel cars will find their vehicle fails its test if their particulate filter is faulty or damaged. Under-inflated tyres, contaminated brake fluid, and fluid leaks which risk environmental damage will also result in a fail.

Previously problem were identified as a “fail” or an “advisory” but there will now be two classes of fail - dangerous and major. This identifies which issues must be dealt with before driving the car any further, although in practice does not change the legal position for drivers or garages who identify a dangerous fault.