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DVSA action

Interaction with the DVSA (formerly VOSA) can be worrying and have an impact on your business. In addition to conducting annual testing of lorries, buses and trailers through authorised testing facilities (ATFs) and goods vehicle testing stations (GVTS), the DVSA also conduct routine and targeted checks on vehicles, drivers and operators ensuring compliance with road safety legislation and environmental standards. They can also be involved in conducting post-collision investigations.

As a result they conduct:

  • Roadside stops and inspections
  • Visits to operating centres
  • Interviews under caution
  • Enforcement action

If you find yourself facing action by the DVSA our road transport law specialists can help. Call us on 01616 966 229.

 

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DVSA inspections

Your vehicle may be stopped and inspected by an examiner as a result of information they have been provided with via a mobile app. This app checks your number plate and informs the examiner of the following details:

  • Operator Compliance Risk Score (OCRS), test data, operator details, outstanding prohibition notices
  • ANPR recognitions to validate drivers’ hours records
  • Access to road levy payment details

As a result of carrying out a stop or an inspection, the findings may lead to a public inquiry or criminal proceedings and it is vital to seek advice at the earliest possible opportunity so that we can advise you on the most suitable response. Following an initial stop, an examiner has the power to:

  • Carry out a full inspection of the vehicle and operating centre
  • Review the position relating to drivers’ hours and tachograph usage potentially leading to prohibition of movement
  • Inspect operator’s service and maintenance systems and record- keeping
  • Prohibit the use of vehicles; and
  • Investigate potential breaches of regulations leading to criminal or regulatory action

Depending on their findings you could face an interview under caution or enforcement action. If as a result of the stop or visit you receive an amber or red OCR you may be called to a public inquiry and it may even lead to a formal interview under caution with potential criminal proceedings to follow.

DVSA interviews under caution

Interviews under caution can lead to a public inquiry or criminal proceedings and it is daunting to be invited to an interview. They are used to obtain findings and further information, so what you say in these interviews is critical. When being asked to answer allegations, the correct legal advice can mitigate the risk to you and your business. It is your legal right to representation and interviews cannot be conducted without this if you have requested it. We are available 24/7 to attend interviews under caution.

Criminal proceedings can arise from the following:

  • Regulatory offences for example: incorrect hours, tampering with tachograph records, vehicle condition etc.
  • Corporate manslaughter: death/causing serious injury by dangerous/careless driving, dangerous vehicle/condition
  • HM Revenue & Customs and Border Agency offences: contraband or drugs importation, clandestine entry charges

Whether you receive a visit, are invited to interview, or face public inquiry or criminal proceedings we are able to provide you with specialist advice at each and any of those stages which could curtail the penalties that you and your business ultimately face.

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