DVSA announces changes to disciplinary sanctions

Points system to be replaced with new sanction levels from 11 January, 2021

The DVSA is to replace traditional disciplinary points with predetermined sanctions from 11 January 2021, it has announced.

The level of the sanction depends on the severity and the number of times the same shortcoming has been identified.

Shortcomings that will be sanctioned include failure to calibrate MOT equipment, defective test equipment, failure to display mandatory signs and notices and a new vehicle record created on the MOT testing service that does not match the presented vehicle.

New DVSA disciplinary sanctions

  • Level 1: The DVSA will issue advice.
  • Level 2:The DVSA will issue temporary suspension notices, stopping testing at a site if the shortcomings are found impact the quality of testing. The site will be prevented from testing, until the shortcomings are rectified.
  • Level 3:The DVSA will start a disciplinary repute case when multiple occurrences of the same shortcoming are found in a five-year period. Depending on the specific shortcoming this will either be on the third or fourth occurrence.

In a special notice issued this week, the DVSA said: “Where the outcome of the case would normally lead to cessation, other than single offence cessation, DVSA currently consider credit points.

“As the consideration of credit points is only applicable in this scenario, DVSA is removing credit points and moving to a process where in all cases AEs and testers can provide relevant mitigation that will be considered and may lead to a reduction in the sanction that is imposed.

“This means that DVSA can apply the same process to all cases, and decisions can be made fairer and more proportionate.”

Emissions records

Also announced this week, the DVSA is to introduce changes to the requirements for issuing and retaining emissions records from 11 January 2021.

The agency said: “A record of the emissions test does not need to be issued to the customer with every test.

“However, the record must be retained in all cases and must be produced if requested.

If the vehicle passes the test, the emissions record only needs to be issued to the customer if requested.

“If the vehicle fails the test, the emissions record must be issued to the customer.”

Testing stations must keep emissions records for all test results for three months, stored digitally or as hardcopy printouts.

Failure to produce an emissions record when requested may result in disciplinary action being taken.

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