MOT Tester Overturns Cessation on Appeal | Smith Bowyer Clarke

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MOT Tester Overturns Cessation on Appeal

Laura Newton successfully represented an MOT Tester who had been served with an Immediate Cessation of authority. The Appeal was heard by the MOT Appeals Team, at an Informal Hearing. The Tester was investigated by a DVSA Vehicle Examiner and believed to have entered MOT Tests onto the Testing Service and issued VT20 Pass Certificates to vehicles that had not attended the MOT Test Centre. In accordance with the MOT Guide, the matter resulted in a Cessation for 5 years. On appeal, the failings in the investigation and decision making process were highlighted in particular that there had been no interview and no Contemplated Decision. The Vehicle Examiner had not conducted a fair an impartial investigation and had failed to present a balanced investigation report to the decision team. On appeal, the DVSA Appeal Panel agreed with our submissions on the case the Cessation was overturned with no action was taken against the Tester.

Case Details

Case Name: MOT Tester Overturns Cessation on Appeal
Case Date: November 2022
Case Type (info): MOT Appeal

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