11/12/2021
For many aspiring automotive professionals, the role of an MOT Tester is a rewarding career path, offering stable employment and the chance to contribute to road safety across the UK. However, a common concern that often arises for individuals with a past is whether a criminal conviction could stand in the way of achieving this qualification. The good news is that a criminal conviction doesn't automatically disqualify you from becoming an MOT Tester. The Driver and Vehicle Standards Agency (DVSA), the governing body for MOT testing, operates a nuanced system, carefully considering the nature of the offence and the punishment administered. Understanding these guidelines is crucial for anyone looking to enter or re-enter the MOT scheme with a criminal record.
The DVSA's Criteria for "Serious Offences"
The DVSA's primary objective is to maintain the integrity and trustworthiness of the MOT scheme. To this end, they have clear definitions of what constitutes a "serious offence" that could jeopardise an individual's participation. It's not about every minor infraction, but rather those that indicate a significant breach of trust or law. The MOT Guide, a comprehensive document outlining all regulations for the scheme, specifies these criteria.
A conviction is generally deemed "serious" if any of the following punishments were imposed:
- A prison sentence (this includes suspended sentences) of three months or more.
- A fine that exceeded Level 4 on the standard scale, which is currently set at £2500.
- A community service order (or its equivalent) requiring unpaid work for more than 60 hours.
- Any punishment administered outside the UK that corresponds to the severity of the above categories.
If a conviction does not fall into any of these defined categories, it is typically considered acceptable for involvement within the MOT scheme. However, this acceptance comes with a crucial caveat: there must be no other grounds for concern regarding an individual's "good repute," a concept we will explore in more detail shortly.
In practical terms, this means that lesser penalties such as a one or two-month suspended or served sentence, a fine below Level 4, or a community service order for less than 60 hours, are generally deemed acceptable. It is always advisable to consult Appendix 7.3 of the official MOT Guide for the most current and precise guidelines. Keeping a downloaded or printed copy of this appendix with your application form can be a useful reference, especially if the rules were to change after your initial review.
The Essential Role of DBS Checks
A significant change in the MOT scheme came into effect in April 2022, with the introduction of mandatory basic disclosure checks, commonly known as DBS checks (Disclosure and Barring Service checks), for new MOT Testers. These rules have since been extended to include testers who are returning to the profession after a period away, or those who haven't tested in the previous five years. This move by the DVSA underscores their commitment to safeguarding the integrity of the MOT system and minimising the potential for fraudulent activity.
The DVSA, as the government department overseeing the MOT process, places immense value on public trust in the system. By requiring a Basic DBS check, they aim to ensure that individuals carrying out vehicle tests are fundamentally honest and reliable. This measure serves as a deterrent against serious career criminals who might otherwise attempt to issue fraudulent certificates, thereby undermining road safety and public confidence.
Understanding the Basic Disclosure Check
There are various levels of DBS checks, each providing different depths of information, with the more detailed checks reserved for occupations involving vulnerable groups, such as healthcare or roles with children. For MOT Testers, only a Basic DBS check is required. This specific check focuses on an individual's unspent criminal record, encompassing both cautions and convictions.
The process for obtaining a basic disclosure check is generally straightforward. Applicants can apply online, completing a form with personal details and verifying their identity either digitally or by presenting key documents like passports and driving licences. While not overly time-consuming, it is paramount to ensure that all required information is accurately provided, as any omissions or errors could lead to delays or even rejection of the application.
The Concept of "Spent" Convictions
A crucial aspect of UK rehabilitation law is the concept of "spent" convictions. After a predetermined period, depending on the nature of the offence and the severity of the sentence, certain convictions are considered "spent." Once a conviction is spent, it generally no longer needs to be declared on official forms or job applications. This allows individuals to move forward with their lives without being perpetually penalised for past mistakes.
Determining when a conviction becomes spent involves a complex formula that factors in the individual's age at the time of the offence and the length of the sentence received. It's important to note that some of the most serious crimes, particularly those resulting in lengthy prison sentences, may never become spent. The basic DBS check will only reveal unspent cautions and convictions, aligning with the DVSA's focus on current and serious risks.
"Good Repute": A Broader Criterion
While specific convictions are a key consideration, the DVSA also employs a broader principle: the requirement for all individuals involved in the MOT scheme to be "of good repute." This concept extends beyond just criminal convictions to encompass an individual's general character and trustworthiness. The DVSA's MOT Testing Guide Appendix 7 explicitly states that "Any individual involved in the MOT scheme must be free of conviction and be of good repute as defined within this appendix."
This requirement applies to a wide range of roles within the MOT scheme, including:
- Authorised Examiner Principals (AEPs)
- Authorised Examiner Designated Managers (AEDMs)
- Authorised Examiner Delegates (AEDs)
- Site Managers (SMs)
- Site Administration staff
- Testers
- Authorised Examiner Consultants (AECs)
Even if a conviction does not meet the specified criteria for a "serious offence," the DVSA retains the discretion to deny participation if there are other grounds to question an individual's good repute. The Guide lists numerous other circumstances and offences that might lead to an individual being deemed not of good repute, demonstrating the DVSA's comprehensive approach to maintaining scheme integrity.
The responsibility for ensuring that all personnel involved in MOT testing are of good repute and free from disqualifying convictions rests significantly with the Authorised Examiner (AE). The MOT Guide makes it unequivocally clear that an AE must notify the DVSA immediately of any relevant unspent convictions held by any individual under their authorisation. This includes AEPs, AEDMs, AEDs, site managers, site admin, and testers.
Upon notification of an unacceptable conviction, the AE is obliged to make immediate arrangements to remove the individual from their role. Failure to do so will result in the approval to test being ceased after 28 days, unless there is clear evidence of an application with continuity demonstrating intent to remove the individual. Furthermore, a person cannot hold any role within the MOT scheme, in any capacity, until the conviction is considered spent under the relevant rehabilitation act.
Before assigning any individual a role within their authorisation, an AE is also responsible for conducting the necessary checks to ensure they are free of any unspent convictions as described in the MOT Guide. This proactive due diligence is crucial for compliance and for maintaining the integrity of the testing station.
DBS Checks: Current Requirements and Anomalies
Types of DBS Checks Explained
It's useful to understand the different levels of DBS checks, although for MOT Testers, only a Basic check is required. The level of check depends on the nature of the job and the level of responsibility, particularly concerning vulnerable individuals.
| DBS Check Type | What it Reveals | Common Use Cases |
|---|---|---|
| Basic DBS Check | All unspent cautions and convictions. | Most general employment roles, including MOT Testers. |
| Standard DBS Check | All spent and unspent convictions, cautions, warnings, and reprimands. | Roles involving some level of responsibility, e.g., security guards. |
| Enhanced DBS Check | Same as Standard, plus any information held by local police that is considered relevant to the role. | Roles working with children or vulnerable adults, e.g., teachers, healthcare professionals. |
| Enhanced DBS with Barred Lists Check | Same as Enhanced, plus a check against the Adults' and/or Children's Barred Lists. | Roles working directly with children or vulnerable adults, e.g., social workers, care home staff. |
As clarified, for MOT Testers, the DVSA's rules, established in 2022, specifically mandate a Basic DBS check. This requirement applies to:
- New Testers (including existing testers adding an additional test Group, A or B).
- Testers returning after a 2- or 5-year cessation from testing.
- Testers returning after a 5-year gap.
- Testers returning after a disciplinary period of 28 days (short term cessation).
- Testers returning after being lapsed or suspended (including non-completion of annual assessment).
It is noteworthy that while new AEs require a DBS check, there appears to be an anomaly: AEs returning to the MOT Scheme following a short-term suspension arising from disciplinary action do not necessarily have to undergo a DBS check, even if they must re-apply. This means that a significant number of existing AEs and Testers, potentially tens of thousands, may never have had a DBS check performed, and therefore, their unspent criminal records might remain unknown to both their Authorised Examiners and the DVSA.
Another point of discussion is the frequency of DBS checks. While many organisations that mandate DBS checks for employees typically require them to be reviewed every three years, the DVSA currently only requires a one-off check for MOT Testers. The agency has acknowledged the logistical challenge of mandating regular checks for the estimated 50,000 testers and 23,000 testing stations across the UK, which would amount to a significant administrative and financial undertaking.
Despite these logistical challenges, and given the DVSA's strong emphasis on "good repute," it would be a prudent measure for Authorised Examiners to insist on regular DBS checks as part of their employment contracts for MOT Testers, whether temporary or permanent. This proactive approach would demonstrate due diligence beyond the DVSA's current formal requirements and could prove beneficial if ever facing disciplinary scrutiny from the DVSA.
Cost of a Basic DBS Check
The cost of a Basic DBS check is currently £30. For a typical testing station with a couple of testers and an Authorised Examiner, this amounts to a relatively small sum per check, offering peace of mind regarding the integrity of their staff. While the cumulative cost for the entire MOT industry would be substantial if mandated regularly (around £3 million every three years), for individual businesses, it is a minor investment in safeguarding their reputation and compliance.
Frequently Asked Questions (FAQs)
Q: Can I become an MOT Tester if I have a criminal record?
A: Yes, it is possible, but it depends on the nature of the offence and the punishment received. The DVSA has specific criteria for "serious offences" that might disqualify you.
Q: What is considered a "serious offence" by the DVSA?
A: A prison sentence (including suspended) of 3 months or more, a fine exceeding £2500 (Level 4), a community service order requiring over 60 hours, or equivalent non-UK punishments.
Q: Do I need a DBS check to become an MOT Tester?
A: Yes, if you are a new MOT Tester, or returning after a break/suspension, you will need a Basic DBS check. This requirement came into effect in April 2022.
Q: What does a Basic DBS check show?
A: It shows all unspent cautions and convictions held on an individual's criminal record.
Q: What does "spent conviction" mean?
A: Under UK rehabilitation law, after a certain period, less serious convictions become "spent" and generally do not need to be disclosed for most jobs, including MOT testing.
Q: What is "good repute" in the context of MOT testing?
A: It's a broader DVSA requirement meaning an individual must be of good character and trustworthy, extending beyond just specific criminal convictions. It applies to all key personnel in the MOT scheme.
Q: What happens if an MOT Tester gets a conviction after being approved?
A: The Authorised Examiner (AE) must notify the DVSA immediately. If the conviction is deemed unacceptable, the individual's approval to test will cease after 28 days unless they are removed or evidence of removal intent is provided. The individual cannot hold any role until the conviction is spent.
Q: How often are MOT Testers required to get a DBS check?
A: Currently, the DVSA requires a DBS check as a one-off requirement for qualifying individuals. There is no mandatory periodic re-check by the DVSA, although it is good practice for AEs to implement regular checks.
Conclusion
Navigating the requirements for becoming an MOT Tester with a criminal conviction can seem complex, but the DVSA's guidelines are designed to be clear and fair. While a criminal conviction doesn't automatically bar you, the severity and nature of the offence, alongside the punishment received, are crucial factors. The introduction of mandatory Basic DBS checks for new and returning testers reinforces the DVSA's commitment to maintaining the integrity and public trust in the MOT scheme. The overarching principle of being "of good repute" applies to all involved, ensuring that those responsible for vehicle safety are trustworthy.
For aspiring testers, understanding the distinction between spent and unspent convictions, and familiarising yourself with the DVSA's specific criteria for "serious offences," is paramount. For Authorised Examiners, the responsibility to conduct due diligence and promptly notify the DVSA of any relevant convictions cannot be overstated. While the DVSA currently mandates DBS checks only once for eligible individuals, a proactive approach by AEs in conducting regular checks for their staff could further enhance the scheme's integrity and provide an additional layer of assurance. Ultimately, the goal is to ensure that only individuals who uphold the highest standards of honesty and reliability are entrusted with the vital task of keeping Britain's vehicles safe on the roads.
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