DVSA time on site can be long, and operators expecting such a visit should be ready, says lawyer

Operators that suffer an unfavourable roadside vehicle inspection by DVSA examiners or record an MoT failure that draws concern from the agency should expect a follow-up on-site maintenance investigation visit, a leading transport lawyer has warned.

Backhouse Jones Legal Director Jonathan Backhouse highlighted that at a recent RHA Coaches members’ meeting. Most such visits are notified in advance but there is a risk of an unannounced arrival, he adds. In the latter case, a request to reschedule can be made, to which the Agency is expected to be reasonable in response.

When it is known that a visit is due, the operator must be prepared, he continues. It will see an in-depth inspection by DVSA before preparation of a Maintenance Investigation Visit Report (MIVR).

The operating centre, maintenance records, tyres and wheel security, and Transport Manager (TM) arrangements are among matters considered, as is premises security.  “Expect vehicle inspection first. A lot of what happens from there will depend on anything found,” Mr Backhouse adds.

DVSA is not automatically entitled to examine vehicles and must ask to do so, but the operator should be reasonable in acquiescing. For that reason, older fleet members with no work should be put VOR and permission to examine them should not be given.

The visit can occupy considerable time, Mr Backhouse adds, and it may not be completed in one go. Paper maintenance records could be taken away by DVSA staff or they could ask that digital records are emailed.

“If you run paper and digital systems side-by-side, ensure that you know which will be shown to DVSA and that it is fully compliant without data split across both,” he continues. Records must be legible and detailed.

Brake testing reports and stretched PMI intervals are of particular interest to the Agency, and staff will look for defects on PMI reports that should have been spotted by a driver.

“An operator has to get driver defect reporting right,” Mr Backhouse adds. That includes identifying drivers not carrying out the process thoroughly and taking them to task. Engineering staff must also properly describe action taken when a driver reports a defect.

On TMs, DVSA will assess competence. TM performance is something an operator “should be acutely aware of,” he advises.

The MIVR is a 13-page form accompanied by a 43-page guidance document. Both should be read closely. Variation exists in how vehicle examiners interpret regulations, and knowledge of the guidance can assist the challenge of some decisions.

Conclusions in the MIVR extend from ‘unsatisfactory – report to the Office of the Traffic Commissioner’ to ‘satisfactory’. A response to the MIVR from the operator will be expected and Mr Backhouse cautions that in the case of poor findings, it could extend to 50 pages.