Navigating MOT Test Failures: What UK Businesses Need to Know

In the competitive landscape of the motor trade, offering MOT testing stands out as a strategic move. It not only promises a consistent revenue stream but also significantly enhances your business’s reputation as a dependable local service, a priceless asset in today’s unpredictable climate. The MOT testing regime is fundamental to maintaining road safety across the UK, and as such, businesses involved are subject to rigorous regulation by the authorities. This demands not just proficiency in MOT testing skills and a pristine testing environment, but also adherence to stringent disciplinary rules. Failure to meet these standards can lead to severe sanctions, directly impacting your operations and profitability.

Understanding the intricacies of these regulations is paramount, especially with recent changes introduced. This comprehensive guide aims to illuminate the updated MOT disciplinary rules, providing you with the essential knowledge to navigate this complex landscape. Regardless of the regulatory shifts, one constant remains: the critical importance of robust motor trade insurance to safeguard your business, your dedicated staff, and your valued customers against unforeseen events.

The MOT Disciplinary Regime: A Deep Dive

Becoming an Authorised Examiner (AE) and an approved MOT test centre is no small feat; it requires meticulous planning and a significant commitment. The journey begins with eligibility as an AE, followed by a series of demanding tests. Once qualified, you must ensure your premises are equipped with the correct, approved testing equipment and receive official approval from the Driver and Vehicle Standards Agency (DVSA). The government provides extensive guidance on setting up an MOT test station, underscoring the seriousness of this undertaking.

However, your responsibilities extend far beyond the initial setup. As an AE with approved premises, you are bound by ongoing duties vital for continuous operation. These include conducting regular quality control checks on each of your testers, at least once every two months, and performing consistent MOT centre site assessments. These measures are crucial for upholding the high standards expected by the DVSA and the public.

Alongside these operational requirements, a robust disciplinary regime is in place to ensure that any deviation from the stipulated standards results in appropriate consequences for your MOT testing business. The DVSA employs various methods to investigate those responsible for providing MOT tests, leading to potential disciplinary action based on the investigation’s findings. These investigations can arise from a multitude of sources, not just public complaints. For instance, a vehicle that has recently passed an MOT at your centre might subsequently be examined by the DVSA and deemed defective. The DVSA also utilises 'mystery shoppers' who pose as regular customers, observing the testing process to ensure compliance. Furthermore, vehicles with pre-known defects might be sent for testing to ascertain if your tester accurately identifies them. Undercover surveillance of your site, along with sophisticated data analysis and intelligence gathering, also serve as critical tools for the DVSA in identifying potential non-compliance.

Should the DVSA determine there is sufficient evidence of non-compliance, you will receive a contemplated disciplinary letter. This letter is a serious communication, giving you a mere 15 days to review the DVSA’s gathered evidence and formulate your best possible response. The limited timeframe underscores the urgency and the need for immediate action upon receipt. The outcome of this disciplinary procedure is determined through a points system, leading to several possible conclusions:

• No further action
• Advisory warning letter
• Temporary suspension notice
• The issue of a formal warning
• Short-term cessation of a tester’s approval (28 days with a conditional return)
• Full-term cessation for 2 or 5 years

Each of these outcomes carries significant implications, with cessation or suspension potentially having a devastating impact on your business's ability to operate and generate income.

Transformative Changes to the Regime from January 2021

Recognising the considerable stress and uncertainty that disciplinary procedures can inflict upon business owners, the DVSA introduced significant changes from January 2021. These reforms aim to streamline the process for certain issues, addressing them immediately rather than through the more protracted points system. This not only eases the burden on businesses but also allows DVSA enforcement teams to dedicate more resources to more serious matters.

Under the new framework, specific issues are now categorised as ‘shortcomings’ and trigger a straightforward series of ‘predefined sanctions’. These shortcomings, if identified, lead to immediate, tiered consequences. It’s crucial for every MOT test centre to be fully aware of these specific issues:

• Not calibrating MOT equipment or failing to have the calibration certificate readily available.
• Having test equipment that is clearly malfunctioning, inoperative, or missing a mandatory upgrade.
• Mandatory signs and notices not being displayed correctly or being illegible.
• Viewing areas being inaccessible or providing a restricted view of the testing area.
• Emissions records not being easily retrievable for the previous three months.
• An adequate appointment system not being provided upon request (e.g., lacking full details of vehicles and customers).
• Asking customers to sign a loss or damage disclaimer.
• Creating a new vehicle record on the MOT Testing Service that does not match the vehicle presented.
• Recording an inappropriate reason for rejection or an incorrect location.
• Incorrect manual entry of measured test values onto the MOT Testing Service, even if the overall test result remains unchanged.
• A VT30/CT30 Notice not being issued when required.
• A VT30/CT30 Notice showing failures issued for non-testable items.
• Failing to register a vehicle at the start of the test when both the vehicle and tester are on the premises, and/or the result not being entered within one hour of test completion.

If any of these shortcomings are identified at your MOT testing site, a predefined sanction will be imposed, categorised into three distinct levels:

Appendix 8.4 of the DVSA’s most recent MOT testing guide provides a clear table outlining the appropriate sanction levels for various shortcomings. For instance, the discovery of incorrectly calibrated testing equipment will immediately result in a temporary suspension notice on the first occurrence. However, repeated instances of this specific shortcoming could escalate to a full disciplinary case by the third or fourth occurrence within a five-year period. Conversely, a less severe shortcoming, such as not having an adequate appointment system, would initially only result in written advice. Yet, if this same issue reoccurs four or more times within a five-year window, it too will trigger a formal disciplinary case.

Further Recent Changes to the MOT Regime

Changes to Mitigation

A significant change has also been implemented regarding the provision of mitigation for disciplinary matters. Previously, the DVSA considered the number of credit points earned by a business when the case outcome would typically lead to cessation. However, from January 2021, the DVSA has removed the credit points system. Instead, AEs or testers can now provide direct mitigation relevant to their specific disciplinary case. This evidence will then be carefully considered by the DVSA, potentially leading to a reduction in the imposed sanction. Furthermore, for AEs, presenting evidence of a quality control regime that demonstrably exceeds the minimum requirements set by the DVSA can also be taken into consideration. This could also result in a reduction of the sanction level, provided the superior quality control regime was actively operating before the disciplinary case was initiated. The DVSA's objective with these changes is to standardise how cases are handled, aiming for fairer and more proportionate decisions across the board.

Emissions Records

The DVSA has also updated the requirements for issuing and retaining emissions records. As of January 2021, a record of the MOT emissions test for a vehicle no longer needs to be automatically issued to the customer every time if the vehicle passes. The emissions record only needs to be provided if the customer specifically requests it. However, if the vehicle fails the test, the emissions record must still be issued to the customer. Crucially, in both scenarios, the emissions record must be retained by the test centre and produced if requested by the DVSA. All emissions records for test results must be kept for three months, either as a hardcopy printout or digitally if your emissions machine supports this. Failure to produce an emissions record upon request can lead to disciplinary action. Under Appendix 8.4 of the MOT Testing Guide, advice will be issued in writing to the AE and/or tester for the first three occurrences of this shortcoming. However, if this occurs four or more times in a five-year period, it will escalate to a full disciplinary case.

Calibration of Equipment

The accurate calibration of MOT testing equipment is mandatory and non-negotiable. If any piece of equipment falls out of calibration, all MOT testing must immediately cease. Under the new MOT disciplinary rules, the DVSA will impose an immediate suspension of testing if uncalibrated equipment is found. Testing can only resume once the equipment has been correctly calibrated. This highlights the critical importance of regular maintenance and calibration checks for all testing apparatus. The approved and correctly calibrated testing equipment includes:

• Plate brake testers
• Roller brake testers
• Tow bar socket testers
• Decelerometers
• Tyre tread depth gauges
• Wheel play detectors
• Brake pedal application devices
• Diesel smoke meters
• Exhaust gas analysers (for both catalyst and non-catalyst vehicles)

Connected Equipment Keys

Modern MOT testing often involves equipment that can connect directly to the service used to record MOT test results, enabling automatic data entry without manual intervention. This connectivity relies on a software code known as a ‘key’. The process for requesting these connected equipment keys has changed. Previously, keys were requested via email to the MOT Admin hub, a method that has now been discontinued. Instead, you must now request keys exclusively through the links provided on the ‘Vehicle testing station’ page within the MOT Testing Service. Comprehensive details can be found by consulting the MOT approved testing equipment guidance.

Annual Assessments

Due to the global COVID-19 pandemic, the DVSA extended the deadline for completing and logging MOT annual training for the 2020/21 training year to 30th April 2021. However, it's important to note that the pass mark for this year’s assessment has been increased to 80%. This higher threshold means that testers may require additional preparation and time to successfully complete their assessment, underscoring the DVSA’s commitment to maintaining high standards of competence.

Signing into the MOT Testing Service

From mid-February 2021, a new method for logging into the MOT testing service became available: using an authentication app on your smartphone. As this app is progressively rolled out, the DVSA will cease issuing replacement and new security cards. This means that if you lose or damage your existing security card, it will not be replaced. Instead, you will be required to log in via email or, more conveniently, using the new authentication app. It is crucial to be aware that once you set up and activate the app, your security card will no longer be usable for logging in. Further details on these changes and instructions on how to set up the app are available on the government’s ‘Matters of Testing’ blog.

Carrying out MOT tests inherently comes with its own set of risks. Accidents can and do happen daily in MOT test centres, ranging from accidental damage to customers’ vehicles to potential injuries to staff. These are significant risks that necessitate robust protective measures. This is precisely why it is absolutely essential to ensure your business is always covered with reliable motor trade insurance. Such comprehensive cover provides peace of mind, protecting your business against the financial repercussions of unforeseen incidents and allowing you to focus on providing an excellent service.

Frequently Asked Questions About MOT Test Centre Compliance

What is an Authorised Examiner (AE)?

An Authorised Examiner (AE) is an individual or organisation approved by the DVSA to operate an MOT test centre. They are responsible for ensuring that the MOT testing standards and procedures are met at their approved premises.

What are the new 'shortcomings' introduced in January 2021?

The new 'shortcomings' are specific issues that, if found, trigger immediate, predefined sanctions rather than going through the traditional points system. Examples include uncalibrated equipment, missing mandatory signs, or failure to issue emissions records correctly.

What happens if my MOT equipment isn't calibrated?

If uncalibrated MOT equipment is found at your test centre, the DVSA will issue a temporary suspension notice, stopping all testing. Testing can only resume once the equipment has been correctly calibrated and verified.

How long do I have to respond to a DVSA contemplated disciplinary letter?

You have a strict 15-day window from the date of the letter to review the evidence gathered by the DVSA and provide your response.

Are there changes to the MOT annual assessments for testers?

Yes, for the 2020/21 training year, the deadline to complete and log annual training was extended to 30th April 2021 due to COVID-19. Additionally, the pass mark for the assessment has been increased to 80%, requiring more thorough preparation from testers.

How do the new rules on emissions records affect my business?

From January 2021, you only need to issue an emissions record to the customer if the vehicle passes the test and they request it. However, if the vehicle fails, you must issue it. In both cases, you must retain the record for three months and produce it if requested by the DVSA.

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