MOT Authorised Examiner Avoids Cessation

We were asked to act on behalf of an MOT Authorised Examiner, whose authorisation to operate an MOT Centre was in jeopardy following a Tester’s unlawful actions. DVSA surveillance uncovered that a Tester had conducted a number of re-tests away from the MOT Centre, without the owner’s knowledge. Under the MOT Guide, this is deemed to be one of the most serious offences and will usually result in immediate cessation for the Tester and the Authorised Examiner. In response to a Contemplated Decision Letter, Solicitor Laura Newton was able to argue to case for the Authorised Examiner establishing that they did not know of the offences and that they had appropriate Quality Control measures in place to minimise the risk of such actions from Testers. Following consideration of the Representations, the Authorised Examiner was given a warning rather than any more serious action, which was an exception to the suggested action.