Cars Could Be Seized at the Roadside and Points Added for Driving Without an MOT

Drivers caught without a valid MOT certificate could have their vehicles seized at the roadside and penalty points added to their licence under proposals currently being considered by the government. The Department for Transport is preparing a summary of responses to its open consultation on reforming penalties for a range of motoring offences, with legislation expected to be amended later in 2026.

At present, driving a vehicle that requires an MOT without a valid certificate is an offence carrying a maximum fine of £1,000. The penalty does not include any points on the driving licence, and vehicles are not typically seized unless the driver is also committing another offence. The proposed changes would introduce roadside seizure as a consequence for driving without an MOT, and would add penalty points to the existing framework, significantly raising the stakes for drivers who allow their certificate to lapse.

What the Consultation Covers

The DfT’s consultation, titled “Proposed changes to penalties for motoring offences,” sought evidence on how to make enforcement of several vehicle-related requirements more effective. No MOT is one strand. The consultation also covers driving without valid insurance, and vehicles with ghost or cloned number plates, including those fitted with plates from other vehicles or that have been deliberately made difficult to read by cameras or officers.

The government has also been looking at vehicles whose registered keeper information is out of date or falsified, making it impossible to trace the registered owner following a camera detection. A vehicle that is unidentifiable through the standard Automatic Number Plate Recognition route presents difficulties for enforcement across a range of offences, from speeding and red light running to no insurance and no tax.

The consultation closed earlier in 2026, and the DfT indicated that a summary of responses would be published this month. The summary will set out what the consultation received in terms of evidence from enforcement bodies, insurers, road safety organisations and members of the public, and will give a clearer indication of which proposals the government intends to take forward into legislation.

Why the Current Penalties Are Seen as Insufficient

The argument for tougher penalties centres on deterrence and safety. The MOT test exists to check that vehicles meet minimum safety and environmental standards. A car without a valid MOT may have failed its test and be awaiting repairs, may have been driven after its certificate expired without the owner arranging a new test, or may belong to a keeper who has never had the vehicle tested at all. In any of these cases, the vehicle may have defects that make it unsafe to other road users.

DVSA data has consistently shown that a significant proportion of vehicles stopped by enforcement officers have defects that would cause an MOT failure. Tyres below the minimum 1.6mm tread depth, faulty brakes, malfunctioning lights and worn suspension components are among the most common. A car with these defects on a public road represents a risk that is distributed not just to its driver but to every other road user around it.

The current £1,000 maximum fine is the nominal ceiling, not the typical outcome. Many drivers who are prosecuted for driving without an MOT receive fines well below the maximum, and the absence of any points means there is no cumulative consequence for repeat offenders. A driver who regularly skips the MOT and is caught once may calculate that the financial risk is acceptable relative to the cost of the test and any repairs it reveals.

Introducing penalty points changes that calculation. A driver who already has six points on their licence from other offences would face disqualification if a no-MOT conviction added three or more points. The threat of losing the licence entirely creates a deterrent that a fine alone does not.

Roadside Seizure: How It Would Work

Roadside seizure of vehicles without insurance is already provided for under existing powers available to police. Section 165A of the Road Traffic Act 1988 allows a constable to seize a vehicle if they have reasonable grounds to believe it is being driven without valid insurance. The vehicle is then held until the owner provides evidence of insurance and pays a release fee, or it is crushed if not reclaimed within a set period.

Extending similar powers to cover no MOT would follow the same general model. An officer who checks a registration plate via ANPR and finds no valid MOT would be able to direct the driver to stop. If the driver cannot immediately produce evidence of a valid certificate, the officer would have the power to seize the vehicle on the spot. The driver would be left without transport and would need to arrange collection of the vehicle, typically after paying a daily storage fee and demonstrating that the vehicle has since passed its MOT.

This approach is already used in countries including Ireland, where vehicles detected by Garda ANPR patrols as having no valid NCT (the Irish equivalent of the MOT) can be seized immediately. Irish enforcement data has suggested that the seizure power acts as a strong deterrent, with rates of untested vehicles on the road lower than in England and Wales where equivalent powers do not yet exist.

The Scale of the No-MOT Problem

Estimates of the number of vehicles on British roads without a valid MOT at any one time vary, but industry figures have suggested the figure is in the range of one to two million vehicles. The DVSA tracks the volume of tests conducted against the estimated fleet size, and the gap between the two gives an indication of vehicles that are overdue or have never been tested.

The majority of these are likely to be vehicles that have recently lapsed rather than vehicles that have never been tested. Many owners allow the certificate to expire without realising, particularly those who rarely drive and may not notice the reminder notices sent by the DVSA. A small proportion represent deliberate non-compliance, typically from owners who know the vehicle would fail and want to avoid the cost of repair.

Drivers can check the MOT status of any vehicle instantly and free of charge using the vehicle enquiry service at gov.uk. Entering the registration number returns the MOT expiry date and the date of the most recent test. This service is the same one used by police ANPR systems, meaning that any vehicle without a valid MOT is identifiable to a camera or patrol officer in real time.

New Safety Technologies Also Being Made Mandatory

Alongside the consultation on penalties, the government has confirmed that 18 vehicle safety technologies will become mandatory for new cars sold in the UK under the updated GB type approval framework. The requirements mirror those introduced in the European Union under the General Safety Regulation and apply to new models coming through the approval process.

The technologies include autonomous emergency braking, which detects imminent collisions with vehicles, pedestrians and cyclists and applies the brakes automatically; lane-keeping assist; intelligent speed assistance, which reads speed limit signs and warns the driver or intervenes to prevent excessive speed; driver drowsiness and attention warning; and advanced distraction warning systems.

Event data recorders, sometimes called black boxes, are also included. These record vehicle speed, braking, steering and other parameters in the seconds before a crash and can provide evidence in accident investigations. They are not connected to insurance systems and cannot transmit data in real time unless the vehicle is fitted with a telematics system separately.

What Drivers Need to Know Now

The proposed changes to MOT penalties are not yet law. The consultation summary will set out which proposals have been accepted, and any changes to legislation will require parliamentary time before they take effect. The DfT’s indication that legislation would be amended “later this year” suggests the changes could be in force by the end of 2026, though the parliamentary timetable can affect precise timing.

In the meantime, the existing rules apply. Driving without a valid MOT remains an offence carrying up to a £1,000 fine. The vehicle must also hold valid insurance to be on the road, and most insurers will not pay out on a claim if the vehicle did not have a valid MOT at the time of the accident, on the basis that an untested vehicle may have had defects that contributed to the incident. Checking your MOT expiry date now, while the current rules are in place, avoids both the existing fine and the risk of being caught under tougher enforcement if the proposed changes become law.

The MOT is booked through a DVSA-authorised testing station. There are around 23,000 authorised testing stations in Great Britain, and most offer online booking. The test costs up to £54.85 for a car, though many garages charge less. Unlike previous years, MOT tests can now be booked up to a month before the certificate expires, with the new certificate running from the old expiry date rather than the test date, so there is no benefit in waiting until the last day.

Sources:

• https://www.gov.uk/government/consultations/proposed-changes-to-penalties-for-motoring-offences
• https://www.aol.com/mot-seizure-penalty-points-proposals-2026