DVSA investigations into your operators’ licence

What is the Driver and Vehicle Standards Agency (DVSA)?

The Driver and Vehicle Standards Agency (DVSA) is an executive agency of the Department for Transport responsible for monitoring and enforcing the goods vehicle and PSV operator licensing system. This includes:

• Carrying out roadside checks of commercial vehicles and drivers
• Attending at your operating centre for in-person compliance audits
• Conducting remote desk-based assessment (REO) audits
• Serving operators with request for disclosure of information and records
• Conducting targeted investigations under the direction of the Traffic Commissioner

DVSA investigations

A typical investigation will involve a fleet inspection along with a full review of your company’s transport compliance records, including your vehicle maintenance, drivers’ hours and tachograph records. If any serious failings are suspected they may also wish to conduct interviews under caution with company drivers, transport managers or directors.

The outcome of any investigation will depend upon whether any shortcomings have been identified, and if so, how serious these are. Outcomes can include:

• a referral to the Office of the Traffic Commissioner for a regulatory Public Inquiry or preliminary hearing
• the prosecution of the company, its directors, transport managers or drivers before the criminal courts
• a direction to improve standards, coupled with a follow-up inspection at some future time

A DVSA transport compliance investigation will typically examine all aspects of your fleet operations. They will want to know that:

• your vehicles are being properly maintained on a regular basis and all of your maintenance records are satisfactory
• your drivers are not committing drivers’ hours or tachograph infringements, or other driving offences
• your transport managers are continuously and effectively managing your transport operations
• company directors have the proper level of oversight and control over the transport operations
• there are no road safety incidents such as bridge strikes, wheel losses, roadside prohibitions and PG9s, failed MOTs or insecure loads
• all operator licence undertakings and conditions are being complied with
• all key staff have the appropriate levels of training

Our DVSA investigation services

At Weightmans, our team of transport regulatory lawyers have years of experience representing operators undergoing investigation by the DVSA. We will:

• conduct our own review into your transport compliance position, and advise you on any areas of risk or exposure to your business
• represent you or your staff in communications with the DVSA investigating officers and during any interview under caution, seeking disclosure and protecting your interests
• assist you in compiling any formal response to any desk-based assessment audit, Traffic Examiner Visit Report (TEVR) or Maintenance Investigation Visit Report (MIVR)
• work with you to introduce changes to your transport operations to ensure regulatory compliance, should this be necessary
• support you through any regulatory proceedings with the Office of the Traffic Commissioner or in any prosecution before the criminal courts

We understand that a compliant transport operation and a positive relationship with the regulator are both critical to the success of your business. We will work with you to resolve any compliance concerns at the investigation stage with a view to preventing regulatory escalation if possible.

For more information or for a confidential discussion please contact our specialist transport regulatory team.