MOT/DVSA Archives | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Archive: MOT/DVSA

MOT Authority Initially Removed for 5 Years – Reduced to 28 Days after SBC Submissions

Laura Newton represented an MOT garage, it’s Authorised Examiner and Tester, in relation to a DVSA investigation. It was alleged, and ultimately accepted, that the responsible person at the garage had demonstrated unacceptable behaviour towards an investigation examiner during a site visit. Initially, it was found that the behaviour was […]

MOT/DVSA Comments Off on MOT Authority Initially Removed for 5 Years – Reduced to 28 Days after SBC Submissions
MOT Tester Dealt with by Warning and No Disciplinary Points Following SBC Written Representations.

Laura Newton represented an Authorised Examiner and Tester relating to a DVSA MOT investigation and Contemplated Decision. The investigation by DVSA had uncovered shortcomings in testing, specifically that a vehicle had been logged on for test for 2 days. The Authorised Examiner and Tester were criticised for failing to follow […]

MOT/DVSA Comments Off on MOT Tester Dealt with by Warning and No Disciplinary Points Following SBC Written Representations.
MOT Authorised Examiner Escapes With Warning

Laura Newton represented an MOT Authorised Examiner subject to a Contemplated Decision and proposed Cessation. The facts leading to the decision had been that a Tester logged an MOT Test from a device outside the VTS and at a time when the vehicle was not present on site. Whilst the […]

MOT/DVSA Comments Off on MOT Authorised Examiner Escapes With Warning
Formal Warning for Authorised MOT Tester and Examiner

Our clients were an Authorised Examiner and Tester under the DVSA  MOT scheme. During an investigation by DVSA, it transpired that the Tester had issued test certificates to a number of vehicles which were not present at the VTS during the time the test was logged on. We were instructed […]

MOT/DVSA Comments Off on Formal Warning for Authorised MOT Tester and Examiner
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/DVSA Comments Off on MOT Authorised Examiner Avoids Cessation
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 […]

MOT/DVSA Comments Off on MOT Tester Overturns Cessation on Appeal
DVSA Appeal Board Finds that DVSA Investigation into MOT Tester not Conducted Fairly

We were instructed to act on behalf of an MOT Tester on appeal from a DVSA decision imposing a 5 year Cessation from testing. Representing the Tester on appeal, Solicitor Laura Newton challenged the DVSA Examiners in relation to their conduct. The Appeal Board agreed that the investigation had not […]

MOT/DVSA Comments Off on DVSA Appeal Board Finds that DVSA Investigation into MOT Tester not Conducted Fairly
MOT Authorised Examiner Escapes with Warning

Our MOT Authorised Examiner client instructed Laura Newton when presented with a contemplated decision from DVSA relating to improper recording of an MOT when a vehicle was not present. Under the MOT Guide, the starting point for this is the imposition of 500 points and a 5 year cessation. In […]

MOT/DVSA Comments Off on MOT Authorised Examiner Escapes with Warning
MOT Tester’s Authority Restored following DVSA Issuing 5 Year Cessation (Disqualification)

Laura Newton was able to secure the return if MOT Authority for our client, an MOT Tester. He approached us having received a decision from DVSA issuing a 5 year Cessation (Disqualification) against his authority as an MOT Tester. The concern had been relating to a security breach on the […]

MOT/DVSA Comments Off on MOT Tester’s Authority Restored following DVSA Issuing 5 Year Cessation (Disqualification)
Drivers not Proceeded with Following Interviews Under Caution

Following a DVSA investigation, Millicent Dooher advised and represented 2 drivers at their DVSA interviews under caution. The DVSA officer was persuaded not to take any further action against these drivers. They were not referred to the Office of the Traffic Commissioner nor were they referred for criminal prosecution.

MOT/DVSA Comments Off on Drivers not Proceeded with Following Interviews Under Caution

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