Wow- third user name; can't you take a hint?

Edit: Gone.  Visiting from DISCO3.CO.UK
2006 Discovery 3 TDV6 Auto HSE Zambezi Silver

Back to the Corsa SRI forum he goes....

When I had the RRSs I very rarely used the handbrake except on steep hills - the DS automatically applies the handbrake everytime you switch engine off which is a pita - I hate the sound it makes and cringe thinking of the wear and tear  Wanted a Series 2 LR since childhood but previously owned MY16 Disco Sport HSE TD4 Auto, MY13 RR Sport Black Edition TDV6 Auto, MY10 RR Sport HSE TDV6 Auto, 2007 Freelander 1 Freestyle TD4 Soft Top, 2009 Freelander 2 GS TD4 Auto, 2007 Freelander 2 GS TD4, 2004 Disco 2 Metropolis Auto, 2002 Disco 2 GS, 2000 Freelander 1 SE TD4 SW

Still hoping for a S2 one day!

I use my EPB all the time. Maybe that's why it's lasted 130k miles. Many seem to go wrong much earlier when used infrequently. I actually don't mind it failing, it was the timing of the failing that was annoying!  2012 SDV6 - it's missing a couple of cylinders
2008 TDV8 - it was a labour of love and is much missed

"It isn't necessary to apply a handbrake if it's an automatic if you use Park", this I'm sorry to say was at MOT test where my hand brake failed, but car was passed as the MOT inspector says its not needed on an Automatic, so if only thing failed on, and car is in good road worthy condition. I'm sure this isn't legal and if found out by an inspector doing tests on MOT stations he would be for the high jump.
I should state, I did get shoes replaced and cable adjusted within a month or two, quite common on MG ZT and Rover 75 models.

On the RRS models since 2011 the handbrake on our cars is applied regardless of whether you do it or not, if not done on turning off ignition it turns on handbrake and also returns gearbox to Park if you haven't bothered.  John

RRS MY12 SDV6 HSE. Sumatra Black/Ebony & Walnut + Dynamic Pack, + Cold Climate Pack + Memory Pack, Digital TV/DVD, Premium Leather, Cornering Lights, Cooler/Fridge Box, & most Options.

My brother had a 2.7 that applied epb everytime switched off - he didn't do a lot of miles and it seized constantly

I've had MY10 and MY13 and they never applied epb when engine switched off unless I made them - never had problems with epb even when parked for long periods Wanted a Series 2 LR since childhood but previously owned MY16 Disco Sport HSE TD4 Auto, MY13 RR Sport Black Edition TDV6 Auto, MY10 RR Sport HSE TDV6 Auto, 2007 Freelander 1 Freestyle TD4 Soft Top, 2009 Freelander 2 GS TD4 Auto, 2007 Freelander 2 GS TD4, 2004 Disco 2 Metropolis Auto, 2002 Disco 2 GS, 2000 Freelander 1 SE TD4 SW

Still hoping for a S2 one day!

I've never had a problem with the EPB either.
I only found out that it applied itself 1). When I forgot to do it, and noticed it had done it. 2). I read the handbook where it says it applies if you haven't, same as returning gear knob selector to Park. John

RRS MY12 SDV6 HSE. Sumatra Black/Ebony & Walnut + Dynamic Pack, + Cold Climate Pack + Memory Pack, Digital TV/DVD, Premium Leather, Cornering Lights, Cooler/Fridge Box, & most Options.

RRSTDV8 wrote:

Can't find anyone that can do it sooner and provide a loan car. For logistical reasons, I have decided to park the RRS for the week and hire a car. Will then just drive the RRS to get fixed and I have retest booked for the following morning. This seems to be the only certainly legal way. SWMBO needs her car this week so can't use that.

All a pain in the butt really.

I think you have done the right thing taking it off the road RRSTDV8. The law states that a vehicle must be roadworthy whilst using it on a public road. Yours clearly isn't with a faulty handbrake. If any part is covered by an MOT on a vehicle, then it must be in good working order at all times.

Since when have handbrakes been exempt on an automatic vehicle I think someone is telling porkies there.

I think if you don't want the handbrake to come on try pressing the switch in the release position then turn the engine off whilst still holding it down only releasing after turning ignition off. That's how you stop manual D3 handbrakes from engaging when you remove the key. Sure I did a 13 plate Freelander like that the other day as well.. 2008 G4 RRSport TDV8 current
2009 TDCi 90 current
2018 Discovery 5 HSE lux current
1994 Dakar current

I'd like to know how the above mot tester did a decelerometer parking brake test, slammed it into park at 20 mph  2008 G4 RRSport TDV8 current
2009 TDCi 90 current
2018 Discovery 5 HSE lux current
1994 Dakar current

Lost for Words wrote:

Can you point to the law that states this though?

The Road Traffic Act 1988 is very clear that if within 1 month before the end of the MOT certificate (or after too) the new certificate is to be treated as starting at the end of the old one. It cannot, therefore, override the old one since it has not, in the eyes of the law, been issued yet.

Now, if it were at an earlier date, it's less clear, but I haven't seen an applicable section of the law that states that an old certificate can be overrided by a new one.

What I am not saying by this, however, is that other offences can't apply as a result - if the car is no longer roadworthy, it is not legal whether MOT'd or not, but that is down to the actual roadworthiness of the vehicle, not the MOT status.

An existing MOT expiry date can be preserved by testing for the following year, up to 28 days prior to this date, effectively giving the owner some flexibility as to when a vehicle can be retested. So an owner can have a test done at just passed 11 months into a test year and can then place a further 13 months on to the vehicle. But only if it passes.
Should the vehicle fail the test taken at 11 months and one day (the earliest a concurrent test can be taken to preserve the existing expiry date), this deems the vehicle unsafe for the road and provided it hasn't been marked as dangerous unroadworthy, it can still be driven on the road, but only to and from a repair garage and/or a MOT test station for which a booking has had to be made to be able to prove the owners intention for the journey. It's a grey area but one that would still be flagged to a police officer if seen by ANPR, who could by rights stop you and make awkward enquiries as to why you're driving with an unroadworthy vehicle and are you on the way to get it retested or repaired?
A vehicle can be tested at any time to give it a new 12 months ticket, regardless of how much MOT it currently has left, but if it fails, the existing MOT is definitely null and void, again, because in the eyes of the law the condition of the vehicle has officially changed from roadworthy to unroadworthy.

I hope the OP gets the issue sorted with minimum fuss and expense

It is still not what the law says.

Quote:

Should the vehicle fail the test taken at 11 months and one day (the earliest a concurrent test can be taken to preserve the existing expiry date), this deems the vehicle unsafe for the road

Quote:

It's a grey area but one that would still be flagged to a police officer if seen by ANPR, who could by rights stop you and make awkward enquiries as to why you're driving with an unroadworthy vehicle and are you on the way to get it retested or repaired?

Quote:

A vehicle can be tested at any time to give it a new 12 months ticket, regardless of how much MOT it currently has left, but if it fails, the existing MOT is definitely null and void, again, because in the eyes of the law the condition of the vehicle has officially changed from roadworthy to unroadworthy.

This is not correct either, because an MOT does not certify that the vehicle is roadworthy for its duration; it is only a formality that checks the vehicle at the point it is tested alone. It is always the driver's responsibility to ensure the vehicle is roadworthy regardless of any MOT status and hence there is no need for the MOT to be voided.

The requirement to have a valid MOT certificate is one law; the requirement to have a roadworthy vehicle is a different one. Failure of an MOT will often expose the vehicle as unroadworthy and thus make it illegal to drive, BUT, it does not do so by voiding the old MOT. If caught you would not be charged with failure to hold a valid MOT certificate but with an offence under the construction and use regulations or with driving a dangerous vehicle.

FWIW, in my opinion, RRSTDV8's vehicle does now fall foul of Section 41A of the Road Traffic Act 1988 (just not 47 (1) ).  Visiting from DISCO3.CO.UK
2006 Discovery 3 TDV6 Auto HSE Zambezi Silver

Picked up a hire car from Enterprise. Booked a "Skoda Octavia or equivalent". Ended up with a Ford Kuga. Not too unhappy with that as it's easier to get in and out of than the lower Skoda.

Seems to be fairly low spec (although it is the AWD version). The infotainment system is still miles better than LR's attempts! One interesting thing is that on my commute this morning it barely managed 38mpg according to the trip computer. For a modern diesel on a mostly dual carriageway run, that's poor. It was in Sport mode for a while (mistake on my part) so I'll see how it goes over the next couple of days. Be surprised if it didn't return 45mpg+.

Other than that, it's a car. 2012 SDV6 - it's missing a couple of cylinders
2008 TDV8 - it was a labour of love and is much missed

Not great, considering an 11 year old TDV6 Disco 3 can achieve this

Click image to enlarge