Penalty points from DVSA – how it happens, what to do next
Testing quality is at an all-time low, and DVSA are pledged to do something about it, so we ask: “Can MOT businesses now expect a disciplinary crackdown from DVSA?” We also introduce what we think is the perfect solution to the anxiety and high cost of protecting your business from penalty points and possible withdrawal from the MOT Scheme.
Expect more disciplinary visits
The following table has been updated on 7th January 2020
Disciplinary actions
| Year | 2011/12 | 2012/13 | 2013/14 | 2014/15 | 2015/16 | 2016/17 | 2017/18 | 2018/19 |
| NTs warned | 487 | 439 | 625 | 525 | 353 | 290 | 361 | 380 |
| NTs disqualified | 162 | 145 | 194 | 137 | 98 | 151 | 178 | 179 |
| AEs warned | 620 | 791 | 741 | 585 | 376 | 366 | 459 | 444 |
| AEs withdrawn | 104 | 103 | 86 | 87 | 62 | 74 | 88 | 141 |
This table shows an interesting trend. Although warnings for AEs have reduced since 2011/12, AE withdrawals increased by 60%, and is at the highest level ever over the last seven years. It looks like DVSA are taking a harder line against AEs. On the other hand NT disqualifications and warnings were relatively unchanged. Perhaps DVSA are focussing more on AEs than was previously the case.
Since MOT Computerisation first started in 2005 VOSA, and now DVSA, have been able to see exactly what’s happening at your Testing Station – and with the new system, they can check on you even more easily, looking at your live ‘data’ for anomalies, such as too many failures or a very short Test. Sooner or later you could find a VE sitting outside your VTS in a car with a laptop, ready to re-Test a vehicle which has just been logged off the system.
If there’s a problem, the Tester will be interviewed and perhaps as AE you may be interviewed too. Even if there’s no problem with the Test, they may well decide to ‘sniff’ around the office to find something amiss. DVSA will be looking to apply penalty points for transgressions, and these points can add up. If there’s a big problem, eventually a ‘Contemplated Withdrawal of Authorisation’ letter arrives.
Here’s a guide to DVSA’s Disciplinary Process.
| Trading name | Location | Authorisation ceased due to | Cessation period | Cessation notice issued | Effective date |
| Auto Inspection | Darwen | Technical issues | 5 Years | 11/2015 | 11/01/2016 |
| Creative Motor Management Limited | Droitwich | Administrative issues | 5 Years | 01/2016 | 24/02/2016 |
| Advanced WTC Ltd | Wallsend | Administrative issues | 5 Years | 01/2016 | 20/01/2016 |
| DWR Autocentre Ltd | Stirling | Administrative issues | 5 Years | 01/2016 | 07/03/2016 |
| Albion Row MOT Station | Newcastle upon Tyne | Administrative shortcomings | 5 years | 02/2016 | 22/03/2016 |
| Autofix Services | Bristol | Administrative shortcomings | 5 years | 02/2016 | 18/04/2016 |
| Look Car & Commercial | Bristol | Administrative shortcomings | 5 years | 04/2016 | 21/04/2016 |
| Smiths Autos | Rotherham | Administrative shortcomings | 5 years | 04/2016 | 30/04/2016 |
| Mill Garage | Bonnybridge | Administrative shortcomings | 5 years | 04/2016 | 19/04/2016 |
| Trafford MOT Centre | Manchester | Administrative shortcomings | 5 years | 04/2016 | 23/04/2016 |
| AC Lowson | Egglestone | Administrative shortcomings | 5 years | 05/2016 | 25/05/2016 |
| S & J V. Engineers | Erith | Administrative shortcomings | 2 years | 05/2016 | 28/06/2016 |
| Colliers Garage | Abertillery | Administrative shortcomings | 5 years | 06/2016 | 11/06/2016 |
And soon more of these letters will arrive, as DVSA resources, which have lately been sucked into the new computer system, are directed back to enforcement activities – more visits, more disciplinary action (penalty points), and more of those letters…
Representation can be expensive
Representation is expensive because it’s time-consuming. To engage an MOT Consultant on a one-off basis involves an initial telephone conversation to discuss that DVSA letter, what happened and what was said, by the Tester, the AE, perhaps the customer as well. The consultant/solicitor analyses the case and makes the necessary representations to DVSA, to which they respond, and the consultant will again respond to that. After several rounds of negotiations, the consultant says, “…this is the best we’re going to get”, hopefully after resolving the case in your favour, or perhaps saving you points.
Costing up to £1,000, it’s an expensive experience, win or lose! More complex cases take longer and cost even more. It’s easy to see why trade bodies might be very wary of accepting membership applications from businesses already in receipt of a disciplinary letter!
A dilemma…
So, what to do now? If you are not a member of a trade body, and a high proportion of Testing Stations are not, partly because of the additional running cost to the business, then it’s too late – trade bodies might accept new members with current or recent MOT disciplinary issues outstanding but are unlikely to fund representation of those cases to the DVSA without making additional charges.
So there’s a dilemma – to pay a significant amount of money out up front, year after year, for Trade Body membership, on the basis that you might one day need it, or run the risk of lost time and stress trying to handle it yourself – or take the expensive option of employing an MOT Consultant or solicitor, to mitigate a burgeoning disaster in the form of penalty points or even withdrawal from the scheme.
There’s a very cost-effective solution to this dilemma – MOT SHIELD. With MOT SHIELD you can protect yourself from the high cost of professional representation, inexpensively, a year at a time.
MOT SHIELD – your shield against penalty points
We have created an innovative new product, providing small and medium Testing Stations with full access to leading MOT Consultant representation. We’re calling it MOT SHIELD and offering it at the astonishingly low price of only £94+VAT a year.
MOT SHIELD’s annual cost is designed to be a ‘no-brainer’; low enough that even the smallest Testing Station can afford it – equivalent to just two MOT Tests per year. Yet the assistance, advice and peace of mind which the plan brings is exactly the same as if paying the top fee from the most experienced MOT Consultants in the country.
The smallest MOT business operating on the tightest budget can afford this plan, which has been specifically designed for the small to medium sized MOT Testing business.
On joining MOT SHIELD your business receives exactly the same quality advice as the largest dealership paying for the highest level of consultant representation service from the country’s most expensive Trade Body – there is absolutely nothing ‘cut-price’ about the level of representation which is offered.
These are the benefits you will receive on MOT SHIELD’s acceptance of your membership:
- One phone number to dial immediately if you receive a disciplinary communication from DVSA
- Full written representation by a top UK MOT Consultant, all the way through to completion of representation,
- MOT SHIELD Forum membership with information, tips and advice,
- NOTHING MORE TO PAY! – Consultant’s fees are covered to the end of the case.
The full price for the above package is only £112.80 incl VAT per year, which includes subscription to MOT Testing Magazine.
Please note that disciplinary matters arising up to 28 days prior to membership application are not covered. However, we may to take on existing cases at a separately agreed price depending on details of the case.
To apply to join the MOT SHIELD:
Subscribe online:
MOT SHIELD Subscription
Phone: 07710 433 543
Post: We are currently not able to process cheque payments.
You will receive an agreement form to return to us, which if satisfactory we will then confirm your membership and you will then be fully covered, or your money back!
Enjoy the double benefits of MOT SHIELD DVSA discipline protection and a year’s subscription to MOT Testing Magazine!
Some further reading:
MOT Workshop 57 – MOT Scheme discipline and enforcement
MOT Workshop 59 – Owning and Running an MOT Testing Station
MOT Workshop 60 – DVSA, DfT and the MOT