What is the MOT Scheme?​

CE Transport Law solicitors specialise in representing MOT Authorised Axaminers and Testers in both criminal and regulatory proceedings.

So, what is the MOT Scheme?

The MOT scheme is a statutory framework where the Secretary of State for Transport authorises the Driver and Vehicle Standards Agency to issue authority to companies or businesses who want to run an MOT vehicle testing station, or a ‘VTS’.

This person or company, running the VTS is known as an Authorised Examiner. The Authorised Examiner is responsible for actions of all Testers and the compliance with all testing and equipment rules within the station.
DVSA must be satisfied that an Authorised Examiner is of good repute and that they have the required knowledge and understanding of the relevant testing in order to be authorised.

DVSA will also ensure that the VTS is properly equipped and meets all the required standards for testing. Authorised Examiners, or a directors of the company, must sit an MOT Managers Course and undertake annual training.

In relation to Testers they must undertake training to pass the initial qualification and supervised test to obtain authority to be an MOT Tester. They are then subject to annual training which must be undertaken in order for authority to continue working.

DVSA can intervene in relation to the authority of an Authorised Examiner or Tester if there is a concern about the standards of testing, about the processes in place at the VTS, or if there are any concerns about the honesty and integrity of tests being undertaken. We are seeing an increasing number of both prosecutions and regulatory cases being brought by DVSA, resulting in serious implications for authorised examiners and testers.

How will I know if DVSA are investigating me?

MOT regulatory proceedings ordinarily begin with a DVSA visit, whereby a Vehicle Examiner will attend, usually unannounced, and ask to interview individuals and to inspect paperwork.

DVSA will look at test logs for at least the last three months, to include any booking system, brake test print outs, emissions logs and connected equipment records. They may observe Testers discreetly before attending to check that the recorded MOT inspections are accurate for that day, and could re examine any vehicles on site which have been inspected and issued with an MOT certificate that day.

Do I have to agree to an interview?

Whilst an Authorised Examiner is required to be cooperative and make paperwork available for inspection, there is no requirement to agree to an interview of any kind at that point, if at all. It is always our advice that you should request that the interview is scheduled for a later date to allow you the opportunity to have legal advice and to consider your options. Following legal advice, you can decide whether it is in your interests to attend an interview, whether to answer questions or whether to present a pre prepared statement in lieu of an
interview.

The interview will often be presented as an informal opportunity to discuss the findings and the temptation can be to cooperate and to agree to the request. In many cases this can be detrimental to the person under investigation and result in information being presented or without a full appreciation of the possible implications.

What happens after an interview?

Once DVSA have completed an in-person investigation and any interviews, the Authorised Examiner and Testers involved in any investigation will usually receive a Contemplated Decision Letter ‘CDL’. This is accompanied by a Disciplinary Action Report outlining the findings at that stage. The Contemplated Decision will indicate DVSA’s concerns and proposed action. Under the MOT Guide, the disciplinary policy is outlined and with the document it is explained which types of behaviour which are to be considered, the severity/seriousness of each category of behaviour or shortcoming and the likely outcomes for the in each case. For the most serious of cases, the outcome will be the imposition of 500 points. Less points are awarded for less serious shortcomings.

DVSA will consider whether there has been any dishonesty, fraud, or gross negligence, and whether there is any risk to public safety or to the integrity of the MOT scheme. Following the service of a contemplated decision letter, the authorised examiner or tester will have 15 working days to prepare written representations. 

We are often instructed to draft representations to reduce the proposed action. The representations should include:

•  a very detailed response to the shortcomings;
• the explanation of events;
•  any alternative evidence which can be presented to establish a different set of facts;
•  any mitigation;
• any assurances relating to testing processes.

Following the written representations a formal decision will be issued outlining the action
which DVSA intends to take.

Can I appeal a decision to issue a Cessation of authority?

It is possible to appeal a decision and this must be completed within a very short period of time, the time limit imposed by DVSA in this case being 14 calendar days. An appeal is usually by way of written submissions although in exceptional circumstances an oral hearing can be arranged. This is usually where there is a requirement to re-examine the evidence, there is a challenge to the evidence put forward by the examiners in the case, or the authorised examiner or tester wished to produce further oral evidence from another witness.

The possible outcomes following a decision or appeal are:

•  a warning will be given
•  a short-term cessation of 28 days
•  a long-term cessation of either 2 years or 5 years

In the event of a cessation being imposed, even a 28-day cessation, the Authorised Examiner will be required to reapply for authority and to take part in a full site inspection and supervised test (in the case of a tester) in order to have authority established again.

What kind of shortcomings are DVSA likely to investigate?

The types of issues we are regularly seeing, bringing authorised examiners and testers to
the attention of DVSA, include:

• Ghost MOTs / MOT Fraud;
• short testing times;
•  anomalies between vehicles being logged on and being seen on ANPR at the same time;
•  failed re-inspections on mystery shopper visits
• complaints from members of the public

 In very recent weeks we have also seen an increasing trend that DVSA are investigating the integrity of annual training. It is suspected that some Authorised Examiners and Testers have arranged for a third party to undertake annual training on their behalf. This investigation relies on evidence showing short test times, inconsistent IP addresses, and other anomalies with the electronic data footprint, which would indicate that an impersonator has taken the test.

What is the implication of fraudulent annual training?

If DVSA had found that annual testing and training had been undertaken by a third party, it is possible that both criminal and regulatory proceedings could be brought. In respect of a criminal prosecution both the impersonator and the authorised person could be prosecuted for fraud offences, which is likely to carry a significant sentence. Given that this would involve fraudulent certification, it’s very likely that DVSA would initiate cessation proceedings in regulatory proceedings due to a loss of repute of the Authorised Examiner and Tester.

If you are called to an interview under caution, involved in an investigation, or have received any regulatory or prosecution paperwork relating to MOT authority and investigations, please
don’t hesitate to get in touch.