Vehicle Maintenance and DVSA Investigations Solicitors

When it comes to commercial vehicles - be they trucks, buses or coaches - the importance of vehicle maintenance cannot be understated. Incidents such as wheel losses and MOT failures are likely to be perceived as indicators of an underlying poor maintenance regime and can lead to investigations into the operator's compliance.

The holder of an operator’s licence may be visited by inspectors from the Driver and Vehicle Standards Agency (DVSA), who will carry out a full review of that operator’s maintenance records and systems. If you are found to be operating unsafe vehicles or to have insufficient maintenance procedures, the consequences can be severe. The DVSA can refer the matter to the Office of the Traffic Commissioner for consideration, who may call a Public Inquiry on receipt of a maintenance investigation visit report.

Where you have been subject to a DVSA maintenance investigation and are concerned about the outcome, or have been called to a Public Inquiry due to a maintenance failure or following a DVSA maintenance review, you should urgently seek legal advice. The expert DVSA investigations solicitors at JMW have a wealth of experience in representing operators throughout the process, from the investigation to any proceedings that issue as a result.

Learn more about how we can defend your operator licence and secure the best possible result. Contact JMW Solicitors today by calling 0345 872 6666, or complete our online enquiry form and we will give you a call back at a convenient time.

How JMW Can Help

At JMW, our commercial road transport solicitors are vastly experienced in providing assistance, advice and representation to both businesses and individuals in relation to vehicle maintenance investigations. We provide a high quality of service and offer pragmatic solutions to issues arising from vehicle maintenance investigations.

Poor compliance with regards to transport not only risks attracting the attention of the Traffic Commissioner, but can also lead to potential criminal prosecutions being brought by the police and/or DVSA.

We are familiar with both the regulatory areas as well as the criminal procedures. Often when one set of criminal proceedings ends, the regulatory process starts. It is the wide nature of our expertise that allows us to offer a full service to those in the transport industry and devise commercially sensible and industry-specific solutions when a problem arises.

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About DVSA Maintenance Investigations

The starting point with DVSA investigations is for DVSA inspectors to look at the condition of an operator’s paperwork and record-keeping. These records create a paper trail showing how an operator monitors each vehicle's condition and any maintenance work carried out. This will include making sure that the vehicle has been subject to meaningful brake tests at the appropriate intervals.

Another important part of an operator’s maintenance regime - arguably the most important - is the driver, who will need to be aware and proactive in responding to defects they might find while carrying out their walk-around checks.

Other elements an operator’s maintenance systems should look at include:

• Wheel security
• Load security (for HGVs)
• Tyre management
• Facilities
• Safety inspection intervals and quality

If a Traffic Commissioner has concerns about non-compliance or sees an operator at a public inquiry with maintenance systems that are not up to scratch, this increases the likelihood of regulatory action being taken against that licence. This can include reducing the number of vehicles that an operator is authorised to run on the road at any one time, something that can be significantly detrimental to cash flow and the business.

How to Manage Vehicle Maintenance

In order to fulfil their legal obligations, operators must have an effective maintenance regime in place. This will look different for each operator as it should depend on the age of the vehicles, the type of terrain the vehicles work on, and the type of loads the vehicles carry. However, generally speaking, there are certain components that the DVSA examiners would expect to see if they undertake a maintenance inspection, which are detailed in the DVSA’s Guide to Maintaining Roadworthiness. To find out more about the standards you must meet ahead of any DVSA investigations, take a look at this blog post.

Examples of responsibilities that an operator must fulfil include:

• Declaring the time period between vehicle maintenance inspection dates to the Traffic Commissioner - this is usually between four and 13 weeks, depending on the condition of the vehicles and the mileage covered
• Conducting a ‘first use’ inspection before putting any newly-purchased vehicles on the road to make sure there are no existing defects on the vehicle from any previous owners
• Sharing information on any defects with their maintenance provider as well as any other necessary people, such as the transport manager
• Creating a clear audit trail on how any defects will be or have been rectified, and keeping records in vehicle files
• Organising laden roller brake tests up to 14 days before, vehicle maintenance inspections and providing evidence of those brake test results
• Making sure drivers carry out an effective daily walkaround checks to check and account for the entire vehicle - drivers are legally responsible for the condition of vehicles while they are on the road, but operators are also responsible for managing those drivers appropriately
• Ensuring their drivers are completing the necessary CPD requirements, possibly by attending training courses on specific subjects, e.g. completing daily walkaround checks

Seek expert legal advice if you need support with compliance or need legal representation during a DVSA investigation or Public Inquiry.