Making sure your vehicle is roadworthy

You’re responsible for maintaining the roadworthiness of your vehicle. This will help avoid problems with vehicle checks. Driver responsibilities You must ensure your vehicle is safe to drive before setting off on a journey. You should carry out a walkaround check of the vehicle before your journey and check the: lights tyres wheel fixings bodywork trailer coupling load and other equipment in-cab vehicle height indicator Download guidance for walkaround checks for public service vehicle (PSV) and heavy goods vehicle (HGV) drivers. You’re also responsible for reporting any defects in writing to whoever’s in charge of sorting out vehicle defects in your organisation. Reports should include the: vehicle registration or identification mark date of inspection details of the defects name of the person reporting the defects Operator responsibilities You must carry out safety inspections before you use a vehicle for the first time. If you’re leasing, hiring or borrowing the vehicle, the vehicle supplier should provide evidence that a safety inspection has been carried out within the appropriate interval range. If the supplier cannot show that a safety inspection has been completed, you should carry out a safety inspection before you use the vehicle. You must also: make sure there are regular safety inspections give drivers clear written instructions of their responsibilities so they understand what they should do have a system to ensure that non-roadworthy vehicles are taken out of service Safety inspections must be carried out by trained inspectors with a good knowledge of the appropriate Driver and Vehicle Standards Agency (DVSA) inspection manuals.

Roadside prohibitions

A prohibition can prevent you from driving until you get a problem with your vehicle fixed. You could be given a prohibition by a police officer or an officer from the Driver and Vehicle Standards Agency ( DVSA ) if there is a fault with your driving or your vehicle. You could get either an immediate prohibition or a delayed prohibition, depending on: the type of offence how serious the faults are where your vehicle operator is based An immediate prohibition means you’re not allowed to drive your vehicle until the problems have been fixed. A delayed prohibition means you have up to 10 days to fix an issue. A vehicle with a trailer is treated as 2 separate units, so you could get more than one prohibition issued at the same time. Roadworthiness prohibitions A roadworthiness prohibition is given for mechanical problems or for the condition of a vehicle’s bodywork or equipment. If the operator of your vehicle is based outside of the UK, you’ll be given an immediate prohibition. If the operator is based in the UK, the prohibition type will depend on how severe the defect is. Minor vehicle defects If the defects are minor, you could get a delayed prohibition. This means you’ll be able to drive your vehicle away and the operator will have up to 10 days to get it fixed. It will then need to be reinspected and the prohibition removed before it can be driven again. Severe vehicle defects You could get an ‘S’ marked prohibition if there’s a severe defect - this is usually because there’s a problem with the vehicle’s maintenance procedures. An ‘S’ marked prohibition can be delayed if the police officer or DVSA officer decides that there’s no immediate risk to driving. If you get an immediate ‘S’ marked prohibition, it’s likely the vehicle will be immobilised and you will not be able to drive it until the problem is fixed. You could also be prosecuted. DVSA will follow up with an assessment of the operator’s maintenance procedures. You would not get an ‘S’ marked prohibition for defects you cannot have known about before your journey, for example: a problem that could have occurred during the journey a problem you could not have been expected to have noticed (for example an underside defect) Variation of roadworthiness You could get this if an immediate problem with the vehicle has been temporarily or permanently fixed at the roadside but others remain. It means you can return to your operating centre or garage to permanently repair the initial problem and other faults. Overloading prohibitions If the vehicle is overloaded then you’ll be issued with an immediate prohibition notice and your vehicle may be immobilised. Officers can also direct the vehicle to somewhere nearby, where the load can be redistributed or removed. A copy of the notice is sent to the owner or operator of the vehicle. Drivers’ hours prohibitions You can get a drivers’ hours prohibition if you have not followed the rules for drivers’ hours and the rules for tachographs . You’ll usually get a fine - but you could also be prosecuted or have your vehicle immobilised. Problems transporting hazardous goods You can get a hazchem prohibition if: you do not have the correct paperwork tankers are not labelled correctly the goods are not loaded or stored safely there’s a leakage you’re not trained to transport hazardous goods Fixing the problem is usually enough to get the prohibition lifted. The officer may ask you to do this before letting you drive away. If you get a delayed prohibition How long you get to fix a delayed prohibition depends on what is wrong with your vehicle. Number of days you have to get it fixed Description Up to 3 days More than 1 defect in a safety critical area 4 to 7 days 1 defect in a safety critical area, or 5 more defects in non-critical areas Up to 10 days Less than 5 defects in non-critical areas Safety critical areas are where a defect could affect the safety of driving the vehicle, for example a defect in the brakes, lights or steering. Removing a prohibition If a DVSA officer classes a defect as advisory, you will not get a prohibition. If you get a prohibition, you’ll need to take the vehicle to an authorised testing facility (ATF) for HGVs, buses and trailers. You’ll have to pay to: fix the defect have the vehicle inspected and get the prohibition removed The cost depends on: the type of vehicle it is how many axles it has what type of centre it’s tested at whether the test carried out was full or partial The type of inspection you need will be on the prohibition notice. If the examiner decides your vehicle needs a full inspection A full inspection is the same as an MOT. When it passes, you’ll get: a new MOT certificate, which lasts for a year a prohibition removal notice The new MOT certificate will be valid for either: 12 months from the date of issue 13 months from the date of issue if the inspection was within one month of the existing MOT expiring If the examiner decides your vehicle needs a partial inspection A partial inspection will look at issues that caused the prohibition, as well as some safety features, for example, the brakes and steering. When it passes, you’ll get a prohibition removal notice. Your MOT certificate and the date it runs out will stay the same. If you disagree with the prohibition You can complain to either the local police force or DVSA , depending on who gave you the prohibition. If you’re unhappy with the outcome of your complaint to DVSA , contact DVSA within 14 days of getting the prohibition. DVSA csccomplaints@dvsa.gov.uk Telephone: 0300 123 9000 Monday to Friday, 7:30am to 6pm Find out about call charges DVSA may not need to reinspect the vehicle. If they do, they’ll try to arrange the reinspection somewhere convenient for you. When they deal with your complaint, they’ll tell you if you need to send evidence. Do not get your vehicle repaired or adjusted while you’re making your complaint. DVSA will respond to your complaint within 10 working days.

Driving without a valid operator's licence

You need a valid operator’s licence if you drive the following for any type of business: a public service vehicle ( PSV ) a heavy goods vehicle ( HGV ) If you or your employer do not have a valid operator’s licence, your vehicle could be impounded and scrapped after 21 days unless you or your employer appeal to the local Traffic Commissioner . Appeals can only be made when: you can prove that the vehicle was seized wrongly (because you or your employer had an operator’s licence when it was seized) the vehicle was exempt from operator licensing when it was impounded the vehicle was being used illegally without the owner’s knowledge Your vehicle may still be scrapped if you appeal and the Traffic Commissioner rules that the impounding was correct.

Fines, penalty points and other sanctions

If you get a fine from a Driver and Vehicle Standards Agency ( DVSA ) officer or the police, the amount you have to pay could depend on the circumstances and seriousness of the offence. You can be fined for such offences as: your vehicle weighing more than its maximum permitted weight driving for too long without taking a break your vehicle not being roadworthy (for example, if it has a bald tyre) You can be fined between £50 and £300. You can be taken to court for more serious offences, and a magistrate will decide how much your fine is. Getting points on your licence For some offences, you’ll get points added to your licence as well as a fine. For example, if your vehicle has defective brakes, you’ll be given a £100 fine and 3 points on your licence. What to do if you get a fine You must have a UK address you can be easily contacted through (known as a ‘satisfactory address’). Bed and breakfast, hotel, agency or solicitor addresses are not normally accepted. If you have a satisfactory UK address, you’ll have 28 days from when you’re given a fixed penalty notice to pay the fine . If you’re in England or Wales If you want to appeal the fine, you’ll have 28 days to ask for a court hearing. If you do not pay the fine within 28 days or ask for an appeal, your fine will be 50% more. The court will recover the money. If you’re in Scotland If you do not pay the fine within 28 days, you could be taken to court. If you do not have a satisfactory UK address You’ll have to pay a ‘financial penalty deposit’. This will be either: the total of all fixed penalty notices issued (if you want to appeal, you must do so within 28 days) £500 per offence if you go to court - you’ll have to pay on the spot and go to court later In both cases the maximum amount you’ll have to pay as a deposit is £1,500. You have to pay this straight away - if you do not, you might not be allowed to drive your vehicle. The money from deposits is used to pay any fines (including court fines). You’ll be refunded any money left over from your deposit after fines have been paid. Your vehicle will be immobilised if you do not pay the deposit. Complain about a fine If you do not think you should have been fined, you can complain to DVSA . You must do this within 10 days of being fined. If your complaint is about a prohibition , you should tell DVSA whether you were fined for the offence. DVSA customer service centre Telephone: 0300 123 9000 Monday to Friday, 7:30am to 6pm Find out about call charges You’ll get a response within 15 days. If DVSA agrees with your complaint, the fine will be cancelled. If you’re unhappy with the outcome of your complaint, you can still ask for the matter to be heard by a court rather than accepting and paying the fine. Other sanctions If a DVSA officer finds a problem, they can take different actions depending on how serious the problem is. These include: giving a verbal warning issuing a vehicle inspection notice (PG35EC) - if an officer finds minor defects on your vehicle issuing an offence rectification notice (ORN) - when you have to fix the issue within a set period of time referring the driver and operator to the Traffic Commissioner calling the police to have you arrested prosecuting you in court

What happens if your vehicle is immobilised

Driver and Vehicle Standards Agency ( DVSA ) officers and police officers have the power to immobilise your vehicle when they stop you. Your vehicle can be immobilised if you’ve committed a serious enough offence to get an ‘immediate prohibition’ . An immediate prohibition is used to prevent risks to road safety (for example an unroadworthy vehicle or a tired driver). It means you will not be able to drive your vehicle until the problem is sorted out. When your vehicle can be immobilised DVSA or the police can immobilise your vehicle for any of the following reasons: you’ve broken the rules on drivers’ hours and tachographs your vehicle is not roadworthy your vehicle is overloaded you’ve been given a fine but cannot or will not pay it Your vehicle might not be immobilised if special circumstances apply. For example, DVSA will consider: the type of load you’re carrying whether you’re carrying passengers on a public service vehicle who’d be inconvenienced if it was immobilised How to get your vehicle released DVSA or the police will attach a warning notice to your vehicle after immobilising it. The notice tells you how to get the vehicle released. You have to: prove that the issues have been fixed pay an £80 release charge You can be sent to prison and be given an unlimited fine if you give false statements to get the vehicle released. You can also be fined £1,000 if you try to remove the immobilisation device. Costs to release your vehicle If your vehicle is immobilised for 5 days, this means your vehicle is ‘abandoned’. DVSA will move the vehicle to a storage site and contact you or the registered owner to claim the vehicle. You will have to pay for: moving the vehicle (£160) storing the vehicle (£35 per day) immobilisation device removal (£80) Your vehicle will only be released when the full amount has been paid. If the vehicle is not reclaimed within 3 months, DVSA will dispose of the vehicle. You’ll have to pay these fees: moving the vehicle (£160) storing the vehicle (£35 per day) disposal of the vehicle (£50)

Roadside checks for HGV, van, bus or coach drivers

Checks on your vehicle

As a commercial driver, you might be asked to stop by the police or a Driver and Vehicle Standards Agency (DVSA) officer. They can stop vans, lorries, buses and coaches.

The police and DVSA have the power to carry out spot checks on your vehicle and issue prohibitions if necessary. A prohibition prevents you from driving until you get a problem with your vehicle fixed.

Police and DVSA examiners can also issue a fine if you commit an offence. Some fines may vary depending on the circumstances and seriousness of the offence.

It’s your responsibility to make sure your vehicle is roadworthy.

How to recognise a DVSA officer

DVSA officers wear yellow visibility jackets with the DVSA logo, and they’ll always carry a DVSA warrant card.

Their vehicles are marked with a black and yellow print on the side and a DVSA logo on the bonnet.

What happens when you’re stopped

The checks are carried out either at the roadside or at dedicated testing sites. The checks are used to keep unsafe vehicles off the road.

The officer checks that the vehicle is not breaking any rules and regulations. This includes:

checking authorised load weights and type of load permitted
checking vehicles for roadworthiness and mechanical faults
looking at your tachograph records
making sure you have a valid vocational driving licence

The vehicle you drive could be impounded if your operator does not have a valid licence.

Foreign-registered vehicles are subject to the same rules as vehicles registered in the UK.

If you’re carrying a high-value load you can keep your engine running, doors locked and windows closed until you’re sure you’ve been stopped by a genuine police officer or Driver and Vehicle Standards Agency (DVSA) officer.

If you’re carrying a dangerous load

If you’re pulled over while carrying a dangerous load, you should show the officer a dangerous load card.

If you do not stop

Not stopping when asked to by a uniformed DVSA officer or police officer is an offence. The incident will be officially recorded. DVSA or the police will interview you later on.

You may then face court action or be reported to the Traffic Commissioner, who may remove or suspend your operator’s licence.

View a printable version of the whole guide

Roadside checks for HGV, van, bus or coach drivers

Checks on your vehicle

How to recognise a DVSA officer

What happens when you’re stopped

If you’re carrying a dangerous load

If you do not stop

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Roadside checks for HGV, van, bus or coach drivers

Checks on your vehicle

How to recognise a DVSA officer

What happens when you’re stopped

If you’re carrying a dangerous load

If you do not stop

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