MOT special notice 03-20: disciplinary process, emissions records and annual assessments
Published 21 December 2020
Applies to England, Scotland and Wales
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1. MOT testing guide and MOT inspection manual
The MOT testing guide and MOT inspection manuals (all classes) will be updated on 11 January 2021.
What’s changing
Some of the changes are explained in this special notice. To read the full list of changes go to the change table in the MOT testing guide or ‘see all updates’ at the top of each MOT inspection manual on 11 January 2021.
All defect changes within the MOT inspection manual will come into effect and show within the MOT testing service on 1 February 2021.
2. Disciplinary process
Appendix 8.4
From 11 January 2021, the Driver and Vehicle Standards Agency (DVSA) is changing the way that some disciplinary actions are dealt with.
The changes have been implemented following feedback from the trade, the case review team, and vehicle examiners. This new process will allow some shortcomings to be dealt with immediately when they are found.
DVSA has removed the traditional disciplinary points from this section and will be using predetermined sanctions for each shortcoming.
These changes mean:
- less uncertainty for the authorised examiner (AE) and tester, as they will know the outcome straight away
- there are now predetermined sanctions
- it’s a straightforward process for everyone
- it frees up our enforcement teams to concentrate on more serious issues
The sanctions
The level of the sanction depends on the severity and the number of times the same shortcoming has been identified.
Level 1
Give advice.
Level 2
Issue temporary suspension notices – this is a new sanction.
DVSA will stop testing at a site if the shortcomings found impact the quality of testing. The site will be prevented from testing, until the shortcomings are rectified.
Level 3
Start a disciplinary repute case.
A formal disciplinary repute case will start when multiple occurrences of the same shortcoming are found in a 5-year period.
Depending on the specific shortcoming this will either be on the third or fourth occurrence.
What shortcomings are DVSA applying sanctions to
Examples of shortcomings that will be sanctioned include:
- non-calibration of MOT equipment
- major pieces of test equipment defective
- mandatory signs and notices not displayed or displayed incorrectly
- a new vehicle record created on the MOT testing service that does not match the presented vehicle
Mitigation
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.
3. Emissions records
Following feedback from the trade and to reduce the use of paper in the MOT, DVSA are introducing changes to the requirements for issuing and retaining emissions records.
These changes will come into effect on 11 January 2021.
Issuing of emissions records
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.
Retention of emissions records
You must keep emissions records for all test results for 3 months.
These records can be retained as a hardcopy printout or digitally if your emissions machine can do this. However, you must be able to produce them if requested.
Failure to produce an emissions record when requested may result in disciplinary action being taken.
4. Calibration of equipment
Since 31 October 2020, calibration of equipment became mandatory again and testing must stop if a piece of equipment falls out of calibration.
As part of the new disciplinary process, DVSA will suspend testing if uncalibrated equipment is found during a site visit. You will not be able to resume testing until the equipment has been calibrated.
5. Connected equipment keys
Connected equipment currently only applies to class 4,5 and 7 testing stations.
The way MOT connected equipment keys are requested has changed. Previously keys were ordered via an email to the MOT Admin hub – they are no longer able to provide keys.
Ordering a key
AE designated managers (AEDM), AE delegate (AED) and site manager roles can request keys using the links on the ‘Vehicle testing station’ page.
You must get the key before you install your equipment.
You can read full details on how to request a key in the MOT approved testing equipment guidance.
6. Annual assessments
As a result of the continued coronavirus pandemic, DVSA has decided to extend the annual training year. You will now have until 30 April 2021 to complete this year’s annual training and assessment.