MOT Disciplinary Representation & Appeals

MOT Disciplinary Representation & Appeals

Are you or one of your Testers facing potential DVSA disciplinary action? Whether the disciplinary action is about your authority to test, an individual tester, a disciplinary hearing or a potential sanction, it is imperative you respond promptly.

AAL can assist, our consultants are available to speak to free of charge to provide initial advice and guidance. Contact Us

 

The Circumstances Where You May Need Representation

When contacted by the DVSA regarding potential MOT disciplinary action, it is essential to act promptly. The essence of successful representation is the detailed analysis of the allegations.  This should be followed by a forensic examination of the evidence provided by the DVSA.  

Following an MOT Interview under caution, the DVSA Case Review Team (CRT) assess the strength of the submissions from the Vehicle Examiner and are responsible for making the decision to issue a contemplative letter of disciplinary action.  

Situations that can lead to disciplinary action include: 

  • A justified complaint where defects have been found on a vehicle issued with a test certificate.
  • A justified appeal against refusal to issue a test certificate  
  • A re-examination of a recently tested vehicle by DVSA revealing an incorrect pass/fail decision.
  • An unobserved test with induced defects. 
  • A demonstration test.
  • A deficiency in the operation of the MOT Service at a VTS. 
  • Other more involved investigations in cases where DVSA believe there may be significant abuses, which may include covert surveillance. 
  • Data analysis and/or intelligence may have triggered investigations leading to the identification of a deficiency. 
  • Involvement in offering a service that undermines MOT test standards and/or the integrity of the MOT testing service, such as removing or bypassing Emission control equipment or the “clocking” of odometer instruments.

The resultant disciplinary action is outlined at https://www.gov.uk/guidance/mot-testing-guide/i-discipline

 

The AAL Disciplinary Proceedings Strategy

  • When collecting evidence, Vehicle Examiners must adhere to the concept of “on the balance of probabilities”.  In layman’s terms, a balance of probabilities means that it is more likely than not to have occurred.
  • Vehicle Examiners should follow DVSA protocols when conducting disciplinary interviews. Before commencing an interview under caution DVSA should outline the allegations and make clear to the Nominated Tester or Authorised Examiner the potential consequences of the proposed disciplinary action.
  • During interview the Vehicle Examiner should record each question and answer in full (a verbatim record).  An abbreviated response could result in misinterpretation by the MOT disciplinary Team.

AAL are fully qualified in the conversation of disciplinary proceedings and can prepare a DVSA Policy Document and/or provide you with guidance and representation in the event DVSA commence disciplinary action. 

  • Contact AAL immediately should DVSA propose or commence disciplinary action
  • AAL gather the evidence and prepare a “defence bundle” in a format for legal proceedings.
  • AAL submit the “defence bundle” to the DVSA outlining contentious issues.

For further reading see MOT Compliance and Disciplinary Representation

Why work with Automotive Auditors Limited?

We believe that we can help you put the right procedures in place.  AAL can provide you with valuable advice and guidance and in the event, you are subject to disciplinary action provide you with practised representation. 

But why should you choose to work with us?

  • Years of Experience – We have over 25 years of experience within the motor industry, where we’ve worked with main dealerships, independent garages, testers and traders.
  • Integrity Focused – We have a strict code of ethics that we abide by to ensure our services are always professional, honest and hold the appropriate education.
  • Tailored To You – We understand that every company is different. This is why we offer both bespoke and one-off services so you can receive what you need.
  • Up To Date – As the regulations are continually changing, we ensure that we are up to date with all that are applicable to the industry.

 

Contact Us Today For Representation

For further information on how we can provide you with a guidance policy document and/or more importantly help you through the MOT Disciplinary Representation and Appeals process.  You can call us on 01206 273055 or email enquiries@automotiveauditors.co.uk. We’re ready and waiting to put the right procedures in place to help you succeed.