DVSA Investigations and Compliance Advice
Being contacted by DVSA can be concerning, particularly if you are unsure why an investigation has started or what the potential consequences may be. Taking advice at an early stage can help you understand the issues being investigated and how best to respond.
I advise goods and passenger vehicle operators facing DVSA investigations and compliance concerns. This can include investigations into vehicle maintenance, drivers’ hours and tachograph compliance, as well as wider concerns about the systems and arrangements in place to ensure the safe and legal operation of vehicles.
Vehicle Maintenance Investigations
DVSA may investigate whether an operator has effective systems in place to ensure that vehicles and trailers are kept in a safe and roadworthy condition. Concerns may arise following a roadside encounter, vehicle prohibition, an unsatisfactory inspection or wider concerns about an operator’s maintenance arrangements.
An investigation may involve consideration of matters such as:
- planned preventative maintenance arrangements;
- vehicle and trailer inspection records;
- driver defect reporting and rectification;
- MOT history and prohibitions;
- maintenance facilities and external maintenance providers; and
- whether the systems described by the operator are being followed in practice.
Where concerns are identified, it is important to understand not only the immediate problem but whether it indicates a wider weakness in the operator’s systems. Where concerns are identified, it is important to understand not only the immediate problem but whether it indicates a wider weakness in the operator’s systems.
Drivers' Hours and Tachograph Investigations
DVSA may investigate an operator’s compliance with drivers’ hours and tachograph requirements. An investigation can raise questions not only about the conduct of individual drivers, but also about the systems the operator has in place to monitor compliance and deal with infringements.
Areas of concern may include:
- drivers’ hours and rest requirements;
- tachograph records and downloads;
- analysis of driver and vehicle data;
- missing records or unexplained periods of activity;
- whether infringements are being identified and dealt with;
- the training and guidance provided to drivers; and
- the effectiveness of the operator’s systems for monitoring compliance.
Were infringements are identified, it is important to consider not only the individual infringements but also whether they reveal weaknesses in the systems used to monitor and manage drivers' hours and tachograph compliance.
Referral to the Traffic Commissioner
Concerns identified during a DVSA investigation can have implications beyond the investigation itself. In appropriate cases, matters may come before the Traffic Commissioner for consideration, and an operator may be called to a Public Inquiry.
The Traffic Commissioner may consider the nature and seriousness of the concerns, compliance with the requirements of the Operator's Licence, the effectiveness of the operator's systems and the steps taken to address any shortcomings.
The fact that concerns have been identified does not necessarily mean that regulatory action will follow, but it is important to take them seriously and consider carefully how they should be addressed.
How I Can Help with a DVSA Investigation
If you have been contacted by DVSA, taking legal advice at an early stage can help you understand the concerns being investigated and the potential implications for your Operator’s Licence.
I can advise you throughout the DVSA investigation, help you understand and respond to the issues raised and consider what action may be needed to address any compliance concerns.
If the matter subsequently comes before the Traffic Commissioner, I can continue to advise you, help you prepare for the Public Inquiry and represent you as your solicitor at the hearing.
Have You Been Contacted by DVSA?
If you have been contacted by DVSA or are concerned about a current investigation, contact me to discuss your situation and how I can help.