REASONS DVSA (VOSA) CAN WITHDRAW AUTHORISATION

legal updates

MOT Authorisation can be withdrawn according to MOT Guidelines.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

MOT Authorisation can be withdrawn according to MOT Guidelines on the subject, for a single instance of any one of the following circumstances:-

1. Fraud, Dishonesty or Gross Negligence, defined as follows:-

Improper issue of or recording of a VT20/VT40,
• such as where a nominated Tester (NT) issues such documents without personally being present at the test,
• or by taking a bribe
• or completing the test too quickly
• or issuing a replacement or duplicate certificate without justification.

2. Convictions

Authorisation will be withdrawn where the AE or his partner or co-director is convicted of any criminal offence which in VOSA’s opinion may damage the reputation and or integrity of the VTS scheme, particularly where the conviction relates to the scheme or to the motor trade in general.

MOT Authorisation can be withdrawn according to MOT Guidelines on the subject, for a single instance of any one of the following circumstances:-

1. Fraud, Dishonesty or Gross Negligence, defined as follows:-

Improper issue of or recording of a VT20/VT40,
• such as where a nominated Tester (NT) issues such documents without personally being present at the test,
• or by taking a bribe
• or completing the test too quickly
• or issuing a replacement or duplicate certificate without justification.

2. Convictions

Authorisation will be withdrawn where the AE or his partner or co-director is convicted of any criminal offence which in VOSA’s opinion may damage the reputation and or integrity of the VTS scheme, particularly where the conviction relates to the scheme or to the motor trade in general. Such offences as defined under the Trading Standards law including “clocking” and miss-description would qualify as sufficient to warrant cancellation of authorisation.

HowdenCompetitive, comprehensive, quick

One of the largest independent specialist motor trade brokers in the UK. Our extensive history of supplying insurance to the motor trade means we understand your business needs. By partnering with a specialist insurance broker like us, you get exactly what you need to protect your business.

3. Misuse of Authorisation

• Where authorisation has already been withdrawn but the former AE continues
• or where he was partly authorised but continued as if fully authorised,
• or where back-dated certificates are issued or certificates are improperly issued to a vehicle the AE is selling,
• or where he (or she) commits an assault,
these also are reasons for withdrawal of authorisation and probably will lead to further charges.MOT guidance explains in what circumstances an Authorised Examiners (AE) MOT authorisation will be withdrawn for single instances by the AE, Employee or agent.

3. Misuse of Authorisation

• Where authorisation has already been withdrawn but the former AE continues
• or where he was partly authorised but continued as if fully authorised,
• or where back-dated certificates are issued or certificates are improperly issued to a vehicle the AE is selling,
• or where he (or she) commits an assault,
these also are reasons for withdrawal of authorisation and probably will lead to further charges.MOT guidance explains in what circumstances an Authorised Examiners (AE) MOT authorisation will be withdrawn for single instances by the AE, Employee or agent.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

Advertising a car with no MOT?  Not a defence if the car is unroadworthy

If you do sell an unroadworthy vehicle that kills someone, you might be looking at a manslaughter charge too…

Do NOT try to take away a consumer’s rights on an invoice

A Welsh Trading Standards department prosecuted a car dealer for “Furnishing a used car invoice to a consumer giving the impression that the consumer had less rights than they actually did.”

Misleading adverts results in £58,000 fine

The result should serve as a warning to all traders to ensure vehicles are accurately described.

What’s that pain between your shoulders? It’s the Trading Standards’ knife in your back!

Trading Standards are meant to provide help and suggestions to ensure future compliance.

Customer ordered to pay our client’s court costs in mileage dispute

A mileage disclaimer sticker was also displayed on dashboard at the time of sale, advising that the mileage must be deemed incorrect unless otherwise stated in writing.

A New MOT is Not Absolute Defence to “Unroadworthy” Prosecutions

Clients ought to avoid relying entirely on a MOT pass and should undertake a comprehensive and honest pre-delivery inspection.

Cessation of MOT licence averted

The VEM’s findings amounted to a breach of the provisions of the Motor Vehicles (Tests) Regulations 1981 (as amended) and disciplinary action was commenced.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.