When the DVSA visit, ‘I didn’t know’ is not a defence

By Leon Farnish, MOT Consultant, MOT Compliance Group:

I’ve spent my career working with vehicle testing stations that genuinely believe they’re doing the right thing. Good people with busy workshops, working long days. But the biggest mistake I see time and time again is the assumption: “I didn’t do anything different from when the DVSA visited years ago.” Requirements change and it’s the Authorised Examiner’s (AE) responsibility to adjust systems to meet these changes.

The recent DVSA rule changes and subsequent news headlines holding named MOT testers and garages to account for fraudulent activity have been accompanied by a newsletter entitled: DVSA Enforcement Update.

Garages who aren’t actively managing their MOT compliance risk are leaving their businesses dangerously exposed to DVSA enforcement with court cases and MOT cessations which have very real consequences - responsibility doesn’t stop with the MOT Tester.

A recent ‘ghost MOT’ fraud case saw the individual tester receive a suspended prison sentence, but the Authorised Examiner received a five-year cessation from the MOT scheme. The DVSA’s view is - ‘Quality management systems should have been in place to detect it.’

Enforcement isn’t just about catching the MOT Testers, the DVSA aims to ensure that you are fully aware of your responsibilities and maintaining the standards as detailed in the latest special notice on changes to holding roles following a cessation:

MOT Tester

‘If you are an MOT tester and have been given a 2-year or 5-year cessation, you cannot hold any MOT roles for the entire duration of that cessation.’

Authorised Examiner Principle (AEP) - Sole Trader, Partner or Director

‘You cannot hold any MOT roles for the entire duration of your cessation, if you are the AEP of a:

• Single-site authorised examiner that has been issued a 2 or 5-year cessation
• Multi-site authorised examiner where all sites have been issued a 2 or 5-year cessation

Sanctions now include individuals who have roles like Authorised Examiner Principle (AEP) facing the same consequences as the testers themselves, and therefore not being able to hold any roles within the scheme for the same duration.

Vehicle Testing Stations (VTS) are being publicly named after being stopped from testing - these businesses are removed from the MOT scheme, they would be required to reapply from scratch after the suspension period, having lost revenue, damaged reputation and additional expense in potentially having to purchase new equipment to meet the latest requirements.

So what does this mean for MOT Testers and Vehicle Testing Stations?

Vehicle Testing Stations must manage Test Quality Information (TQI) data, test log reconciliation to detect potential fraud and carry out regular Quality Control (QC) Checks whilst ensuring MOT Testers complete Annual Refresher CPD Training. These are all preventative compliance services designed to identify any shortcomings, rather than waiting for a DVSA visit to find them.

Avoiding enforcement action depends on having robust compliance systems in place that prevent and detect irregular or fraudulent activity. This includes clear internal procedures, active management oversight, regular quality checks, ongoing staff training, documented audit trails and full adherence to the MOT Testing Guide.

Systems built around a clear understanding of DVSA enforcement expectations give Authorised Examiners the best chance of identifying risks early and maintaining Scheme compliance with confidence.

As enforcement activity continues to increase, the focus for every Vehicle Testing Station should be simple: know your data, manage your risk and make sure your compliance would stand up to scrutiny at any time.