Understanding MOT Test Delays, Exemptions, and Their Impact on Credit Hire Claims in Northern Ireland

MOT test delays in Northern Ireland have presented significant challenges for motorists, particularly when it comes to credit hire claims. Factors such as issues with vehicle lifts, the COVID-19 pandemic, and increased demand for MOT tests have meant that many drivers need alternative solutions for vehicle use, which has contributed to a rise in credit hire cases. To address these challenges, Temporary Exemption Certificates (TECs) have been introduced, offering temporary relief for eligible drivers.

What Are Temporary Exemption Certificates (TECs)?

BBC News on 7th March 2024 confirmed that MOT test exemptions have been extended to manage waiting times.

Temporary Exemption Certificates (TECs) allow certain motorists to legally drive their vehicles while awaiting an MOT test, as long as the vehicles are roadworthy, taxed, and insured. The extension of TECs in Northern Ireland is designed to help reduce the backlog of MOT tests and alleviate delays caused by the growing demand for vehicle inspections.

Around 107,000 private cars in Northern Ireland, usually five and seven years old, may be eligible for TECs under the latest extension. This initiative has already proven effective, reducing MOT waiting times from over 100 days in May 2024 to approximately 30 days by February 2025. The extension will last for another year, and the Driver and Vehicle Agency (DVA) will automatically process TECs for eligible vehicles.

Main Causes of MOT Delays in Northern Ireland

Several factors have contributed to extended MOT delays in Northern Ireland:

• Vehicle Lift Issues: In late 2019, cracks were discovered in 48 out of 55 vehicle lifts at MOT centres, severely limiting testing capacity.
• COVID-19 Pandemic: The suspension of testing on multiple occasions during the pandemic further worsened the backlog.
• Increased Demand: More vehicles are on the road, and customers are holding onto their older cars longer, which has led to higher demand for MOT tests.

 

How the DVA in Northern Ireland is Responding to MOT Delays

To address the MOT delays, the DVA has taken several steps, including:

• Recruitment of Additional Examiners: More staff have been hired to increase the number of available tests.
• Extended Testing Hours: MOT appointments are now available on Sundays and public holidays to help reduce the backlog.
• Temporary Exemption Certificates: TECs allow some drivers to remain on the road legally while waiting for their MOT.
• Target to Reduce Waiting Times: The DVA aims to reduce the average MOT waiting time for private cars to six weeks or less by 31 March 2025.

Credit Hire and MOT Issues in Northern Ireland

The link between MOT issues and credit hire claims has become a significant concern to Credit Hire Practitioners in Northern Ireland. Our recent article on the case of Majid Ali v HSF Logistics Polska SP Zoo [2024] EWCA Civ 1479 highlighted a crucial judgment delivered by the Court of Appeal that has wide implications for claims involving credit hire costs, particularly when the Plaintiff’s vehicle did not have a valid MOT certificate at the time of the accident.

The Majid Ali Case and Its Impact on Credit Hire Claims

In the Majid Ali case, the Court of Appeal examined the balance between compensating an individual deprived of the use of their vehicle and preserving the integrity of the law concerning illegal acts, such as driving a vehicle without a valid MOT. The Court concluded that barring the claimant from recovering credit hire costs due to the absence of an MOT would be disproportionate.

The Court compared the penalty for not having an MOT — a £1,000 fine — with the claimant’s credit hire claim of over £21,000. The Court raised “immediate and troubling questions of proportionality” about refusing the claim solely on the grounds of an expired MOT certificate.

Ultimately, the Court ruled that minor traffic offences, such as failing to have a valid MOT, would not automatically prevent recovery of credit hire charges. The Court also suggested that damages could be reduced in such cases, but more serious offences (such as driving without insurance, which carry heavier criminal penalties) are likely to result in the claim failing.

How MOT Delays Affect Credit Hire Claims in Northern Ireland

In Northern Ireland, MOT or a lack thereof in a Plaintiff’s damaged vehicle can call into question the entitlement of a credit hire vehicle.  An individual provided with a fully MOT’d vehicle on a credit hire basis, when their own vehicle has no valid MOT has arguably, been provided a better vehicle than their own and the principle of betterment occurs.  These arguments have become increasingly common as more drivers struggle with long wait times for MOT tests. Insurers often attempt to use the ex turpi causa defence, arguing that a motorist who drives without a valid MOT should not be entitled to recover damages in the event of a road traffic accident (RTA). However, the Majid Ali case shows that courts are more likely to consider the proportionality of denying credit hire claims for minor infringements like an expired MOT certificate.

What Does the Future Hold for MOT Testing and Credit Hire in Northern Ireland?

Infrastructure Minister Liz Kimmins stressed that the TEC extension will allow the DVA to manage the high demand for MOT tests until new testing facilities at Hydebank and Mallusk are up and running. The DVA has also been working to increase testing capacity at its 15 test centres by recruiting additional examiners and offering overtime.

MOT Reform and Credit Hire Claims: What’s Next?

The Department for Infrastructure (DfI) has launched a consultation to consider changes to MOT testing frequency. The consultation, which runs until 16 April 2025, is exploring whether MOT tests for some private cars, motorcycles, and light goods vehicles could be extended to every two years instead of annually. Such changes could have further implications for credit hire claims, particularly if the frequency of MOT tests is adjusted.

Conclusion: MOT Delays, TECs, and Credit Hire in Northern Ireland

The extension of Temporary Exemption Certificates (TECs) and the DVA’s ongoing efforts to improve testing capacity will help reduce MOT waiting times and ensure that Northern Ireland’s road safety standards are maintained. For credit hire claims, the Majid Ali case provides important legal clarification, reinforcing that minor traffic offences such as a lapsed MOT will not automatically prevent recovery of credit hire costs. However, more serious offences, like driving without insurance, are likely to result in a claim being denied due to the more severe criminal consequences.

For more information on MOT test exemptions and credit hire claims in Northern Ireland, visit the original article on BBC News.