DVSA MOT Investigations and Disciplinary Hearings
The DVSA use various methods to investigate Authorised Examiners and Nominated Testers which can lead to disciplinary action. These can include the submission of a vehicle with defects for an MOT test, mystery shopping, covert surveillance and the analysis of data or intelligence. The DVSA can also conduct interviews in order to gain evidence against you or your business.
Your response to a request for an interview and the way in which you deal with an interview is very important. If you are invited to attend an interview immediate legal advice is essential – it may be necessary to ask for the interview to be stopped or postponed.
The DVSA may send you a ‘Contemplated Disciplinary’ letter along with copies of documents and photos. The letter may also make reference to previous formal warnings and short-term cessation letters. Representations may be made about the case and any previous warnings or short-term cessation letters. It is essential to act urgently and prepare your representations fully and carefully.
Where the DVSA decide that formal action would be justified, this can range from a simple formal warning to the cessation of approval or authorisation for a period of up to 5 years.
Authorised Examiners and Nominated Testers can appeal against a cessation and request a hearing. There is, however, a strict timescale within which representations must be made and it is essential that your representations are carefully prepared so as to fully set out your case and the evidence you wish to rely on.
Smith Bowyer Clarke are a team of expert solicitors and barristers and can assist you at each step of the process. For more information speak to one of our lawyers today.
