MOT Disciplinary Proceedings Strategy

Each VTS should have a strategy for dealing with potential MOT disciplinary proceedings. Contact AAL now to assist you with disciplinary guidance Contact Us

DVSA MOT Vehicle Examiners (VE) are experienced, proficient, motor vehicle technicians/examiners and are responsible for ensuring that vehicles tested at an approved MOT test station meet road safety and environmental standards.

VEs can quote verbatim from the DVSA MOT Manuals, however some have difficulty compiling evidence for disciplinary proceedings. This is particularly the case when they embark on disciplinary interviews.

During the disciplinary investigation, it is imperative the VE gathers all the evidence from “both sides of the fence”. The quantum of evidence is based “on the balance of probabilities”.

Before or during the commencement of a potential disciplinary investigation, the Tester or AE may unintentionally assist the VE.  Therefore, it is advisable safeguards are adopted during routine examinations and/or before the commencement of formal disciplinary action.

At the commencement of disciplinary action, the Tester/AE being interviewed is formally cautioned.  The caution advises the Tester/AE anything he or she says may be used in disciplinary proceedings. During the course of the interview, the VE should make contemporaneous notes. The VE should only ask one question at a time and record a verbatim record for each response. Unfortunately, Vehicle Examiners often paraphrase  Tester/AE responses. As a result, VEs may breach basic interview protocols leaving the evidential content of the interview open to challenge.

Our policy document outlines a number of safeguards available to adopt before disciplinary action or during DVSA intervention.

If you would like AAL to prepare a DVSA Policy Document and/or provide you with disciplinary guidance, contact us now.

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