GovWire

Where a vehicle is re-examined after test, any action taken will be based on its likely condition at the time of test, taking into account all known factors that could have changed the condition of the vehicle.

All judgements are based on the balance of probabilities. However, the Secretary of State does have considerable discretion about who may be testers or AEs and, while seeking always to adhere to the principles stated here, reserves the right to exercise that discretion as widely as seems appropriate to the particular circumstances.

In deciding the appropriate course of action to be taken shortcomings that constitute a threat to road safety, having an impact on the environment or likely to affect the integrity of the MOT scheme or DVSA will be treated with the utmost seriousness and carry more weight in the determination of the final outcome.

The outcome of formal disciplinary action may take the form of:

• no further action
• an advisory warning letter
• a temporary suspension notice
• a formal warning
• cessation of a testers approval or an AEs authorisation in the form of either short term cessation (for 28 calendar days with conditional return) or cessation (for 2 or 5 years)

Where a problem is brought to DVSAs attention, either by a tester who is being pressurised by an AE to test improperly or by an AE who is unhappy with a testers performance, this will not normally count against the party reporting it. However, where an AE is unhappy with the testing standards of a tester the AE should consider stopping the tester from testing pending the outcome of any action by DVSA.

Testers must be in a fit condition, both physically and mentally, to carry out testing to the required standard. A tester taking medication should read the instructions for its use and, if in doubt, not continue testing without their doctors confirmation that the medication will not affect their ability to test. If a tester is recovering from illness or injury, he/she should test only if confirmed as fully fit to do so. A tester being on medication or recovering from illness will not normally be treated as mitigation for errors in testing.

The effectiveness of a tester who is under severe emotional stress must also be suspect. If the stress is likely to affect the testers ability to test, they should not test. Similarly, testers whose judgement may be affected by alcohol or other substances should not test. In either event, these factors will not normally be regarded as mitigation, however, each case will be treated on the merits of the evidence available. AEs should implement reasonable management controls to try to ensure that the testers they use are in a fit condition to test.

In cases involving testers judgement or minor procedural omissions or deviations from the testing system a formal warning will usually be issued on the first offence that in DVSAs opinion justifies formal action.

Where there is one or more instances of more serious procedural omissions or deviations from the testing standards this may lead to a short-term cessation.

Where there are instances of significant procedural omissions, for example major elements of the test missed, significant negligence or significant malpractice, a single instance will usually lead to cessation.

A single serious incident of substandard testing that could have a significant effect on road safety will usually lead to cessation.

Cessation will usually be justified for a single case if the tester is personally involved in an act which could also justify single offence cessation for an AE or where very serious infringements have taken place.

Appendix 8.1. Cessation without previous warning (single offence cessation)?indicates the type of case usually considered to be very serious.

Serious infringements that involve fraud may be considered for prosecution.

Cessation will be justified if

• a tester receives any conviction, as defined in Appendix 7: Convictions and repute
• a tester is deemed to no longer be of good repute, as defined in Appendix 7: Convictions and repute

A tester who has been required to stop testing because of failure to complete required training or demonstration tests but who continues to take part in testing, other than as an assistant, may have disciplinary action taken against them resulting in cessation.

Where disciplinary action has resulted in the issue of a formal warning or short-term cessation letter this may be taken into consideration should further disciplinary action be contemplated. Such letters generally remain valid for 5 years from their date of issue.