188体育

As a commercial driver, you might be asked to stop by the police or a Driver and Vehicle Standards Agency (DVSA) officer. They can stop vans, lorries, buses and coaches.

The police and DVSA have the power to carry out spot checks on your vehicle and issue prohibitions if necessary. A prohibition prevents you from driving until you get a problem with your vehicle fixed.

Police and DVSA examiners can also issue a fine if you commit an offence. Some fines may vary depending on the circumstances and seriousness of the offence.

How to recognise a DVSA officer

DVSA officers wear yellow visibility jackets with the DVSA logo, and they鈥檒l always carry a DVSA warrant card.

Their vehicles are marked with a black and yellow print on the side and a DVSA logo on the bonnet.

What happens when you鈥檙e stopped

The checks are carried out either at the roadside or at dedicated testing sites. The checks are used to keep unsafe vehicles off the road.

The officer checks that the vehicle is not breaking any rules and regulations. This includes:

• checking authorised load weights and type of load permitted
• checking vehicles for roadworthiness and mechanical faults
• looking at your tachograph records
• making sure you have a valid vocational driving licence

The vehicle you drive could be impounded if your operator does not have a valid licence.

Foreign-registered vehicles are subject to the same rules as vehicles registered in the UK.

If you鈥檙e carrying a dangerous load

If you鈥檙e pulled over while carrying a dangerous load, you should show the officer a dangerous load card.

Read more about moving dangerous goods.

If you do not stop

Not stopping when asked to by a uniformed DVSA officer or police officer is an offence. The incident will be officially recorded. DVSA or the police will interview you later on.

You may then face court action or be reported to the Traffic Commissioner, who may remove or suspend your operator鈥檚 licence.

You鈥檙e responsible for maintaining the roadworthiness of your vehicle. This will help avoid problems with vehicle checks.

Driver responsibilities

You must ensure your vehicle is safe to drive before setting off on a journey. You should carry out a walkaround check of the vehicle before your journey and check the:

• lights
• tyres
• wheel fixings
• bodywork
• trailer coupling
• load and other equipment
• in-cab vehicle height indicator

You鈥檙e also responsible for reporting any defects in writing to whoever鈥檚 in charge of sorting out vehicle defects in your organisation. Reports should include the:

• vehicle registration or identification mark
• date of inspection
• details of the defects
• name of the person reporting the defects

Operator responsibilities

You must carry out safety inspections before you use a vehicle for the first time.

If you鈥檙e leasing, hiring or borrowing the vehicle, the vehicle supplier should provide evidence that a safety inspection has been carried out within the appropriate interval range.

If the supplier cannot show that a safety inspection has been completed, you should carry out a safety inspection before you use the vehicle.

You must also:

• make sure there are regular safety inspections
• give drivers clear written instructions of their responsibilities so they understand what they should do
• have a system to ensure that non-roadworthy vehicles are taken out of service

A prohibition can prevent you from driving until you get a problem with your vehicle fixed.

You could be given a prohibition by a police officer or an officer from the Driver and Vehicle Standards Agency (DVSA) if there is a fault with your driving or your vehicle.

You could get either an immediate prohibition or a delayed prohibition, depending on:

• the type of offence
• how serious the faults are
• where your vehicle operator is based

An immediate prohibition means you鈥檙e not allowed to drive your vehicle until the problems have been fixed. A delayed prohibition means you have up to 10 days to fix an issue.

A vehicle with a trailer is treated as 2 separate units, so you could get more than one prohibition issued at the same time.

Roadworthiness prohibitions

A roadworthiness prohibition is given for mechanical problems or for the condition of a vehicle鈥檚 bodywork or equipment.

If the operator of your vehicle is based outside of the UK, you鈥檒l be given an immediate prohibition. If the operator is based in the UK, the prohibition type will depend on how severe the defect is.

Minor vehicle defects

If the defects are minor, you could get a delayed prohibition.

This means you鈥檒l be able to drive your vehicle away and the operator will have up to 10 days to get it fixed. It will then need to be reinspected and the prohibition removed before it can be driven again.

Severe vehicle defects

You could get an 鈥楽鈥� marked prohibition if there鈥檚 a severe defect - this is usually because there鈥檚 a problem with the vehicle鈥檚 maintenance procedures.

An 鈥楽鈥� marked prohibition can be delayed if the police officer or DVSA officer decides that there鈥檚 no immediate risk to driving.

If you get an immediate 鈥楽鈥� marked prohibition, it鈥檚 likely the vehicle will be immobilised and you will not be able to drive it until the problem is fixed. You could also be prosecuted.

DVSA will follow up with an assessment of the operator鈥檚 maintenance procedures.

You would not get an 鈥楽鈥� marked prohibition for defects you cannot have known about before your journey, for example:

• a problem that could have occurred during the journey
• a problem you could not have been expected to have noticed (for example an underside defect)

Variation of roadworthiness

You could get this if an immediate problem with the vehicle has been temporarily or permanently fixed at the roadside but others remain.

It means you can return to your operating centre or garage to permanently repair the initial problem and other faults.

Overloading prohibitions

If the vehicle is overloaded then you鈥檒l be issued with an immediate prohibition notice and your vehicle may be immobilised. Officers can also direct the vehicle to somewhere nearby, where the load can be redistributed or removed.

A copy of the notice is sent to the owner or operator of the vehicle.

Drivers鈥� hours prohibitions

You can get a drivers鈥� hours prohibition if you have not followed the rules for drivers鈥� hours and the rules for tachographs.

You鈥檒l usually get a fine - but you could also be prosecuted or have your vehicle immobilised.

Problems transporting hazardous goods

You can get a hazchem prohibition if:

• you do not have the correct paperwork
• tankers are not labelled correctly
• the goods are not loaded or stored safely
• there鈥檚 a leakage
• you鈥檙e not trained to transport hazardous goods

Fixing the problem is usually enough to get the prohibition lifted. The officer may ask you to do this before letting you drive away.

If you get a delayed prohibition

How long you get to fix a delayed prohibition depends on what is wrong with your vehicle.

Number of days you have to get it fixed	Description
Up to 3 days	More than 1 defect in a safety critical area
4 to 7 days	1 defect in a safety critical area, or 5 more defects in non-critical areas
Up to 10 days	Less than 5 defects in non-critical areas

Safety critical areas are where a defect could affect the safety of driving the vehicle, for example a defect in the brakes, lights or steering.

Removing a prohibition

If a DVSA officer classes a defect as advisory, you will not get a prohibition.

If you get a prohibition, you鈥檒l need to take the vehicle to an for HGVs, buses and trailers. You鈥檒l have to pay to:

• fix the defect
• have the vehicle inspected and get the prohibition removed

The cost depends on:

• the type of vehicle it is
• how many axles it has
• what type of centre it鈥檚 tested at
• whether the test carried out was full or partial

The type of inspection you need will be on the prohibition notice.

If the examiner decides your vehicle needs a full inspection

A full inspection is the same as an MOT. When it passes, you鈥檒l get:

• a new MOT certificate, which lasts for a year
• a prohibition removal notice

The new MOT certificate will be valid for either:

• 12 months from the date of issue
• 13 months from the date of issue if the inspection was within one month of the existing MOT expiring

If the examiner decides your vehicle needs a partial inspection

A partial inspection will look at issues that caused the prohibition, as well as some safety features, for example, the brakes and steering.

When it passes, you鈥檒l get a prohibition removal notice. Your MOT certificate and the date it聽 runs out will stay the same.

If you disagree with the prohibition

You can complain to either the local police force or DVSA, depending on who gave you the prohibition.

If you鈥檙e unhappy with the outcome of your complaint to DVSA, contact DVSA within 14 days of getting the prohibition.

DVSA may not need to reinspect the vehicle. If they do, they鈥檒l try to arrange the reinspection somewhere convenient for you.

When they deal with your complaint, they鈥檒l tell you if you need to send evidence.

DVSA will respond to your complaint within 10 working days.

You need a valid operator鈥檚 licence if you drive the following for any type of business:

• a public service vehicle (PSV)
• a heavy goods vehicle (HGV)

If you or your employer do not have a valid operator鈥檚 licence, your vehicle could be impounded and scrapped after 21 days unless you or your employer appeal to the local Traffic Commissioner.

Appeals can only be made when:

• you can prove that the vehicle was seized wrongly (because you or your employer had an operator鈥檚 licence when it was seized)
• the vehicle was exempt from operator licensing when it was impounded
• the vehicle was being used illegally without the owner鈥檚 knowledge

If you get a fine from a Driver and Vehicle Standards Agency (DVSA) officer or the police, the amount you have to pay could depend on the circumstances and seriousness of the offence.

You can be fined for such offences as:

• your vehicle weighing more than its maximum permitted weight
• driving for too long without taking a break
• your vehicle not being roadworthy (for example, if it has a bald tyre)

You can be fined between 拢50 and 拢300. You can be taken to court for more serious offences, and a magistrate will decide how much your fine is.

Getting points on your licence

For some offences, you鈥檒l get points added to your licence as well as a fine. For example, if your vehicle has defective brakes, you鈥檒l be given a 拢100 fine and 3 points on your licence.

What to do if you get a fine

If you have a satisfactory UK address, you鈥檒l have 28 days from when you鈥檙e given a fixed penalty notice to pay the fine.

If you鈥檙e in England or Wales

If you want to appeal the fine, you鈥檒l have 28 days to ask for a court hearing.

If you do not pay the fine within 28 days or ask for an appeal, your fine will be 50% more. The court will recover the money.

If you鈥檙e in Scotland

If you do not pay the fine within 28 days, you could be taken to court.

If you do not have a satisfactory UK address

You鈥檒l have to pay a 鈥榝inancial penalty deposit鈥�. This will be either:

• the total of all fixed penalty notices issued (if you want to appeal, you must do so within 28 days)
• 拢500 per offence if you go to court - you鈥檒l have to pay on the spot and go to court later

In both cases the maximum amount you鈥檒l have to pay as a deposit is 拢1,500. You have to pay this straight away - if you do not, you might not be allowed to drive your vehicle.

The money from deposits is used to pay any fines (including court fines).

Your vehicle will be immobilised if you do not pay the deposit.

Complain about a fine

If you do not think you should have been fined, you can complain to DVSA. You must do this within 10 days of being fined.

If your complaint is about a prohibition, you should tell DVSA whether you were fined for the offence.

You鈥檒l get a response within 15 days.

If DVSA agrees with your complaint, the fine will be cancelled.

If you鈥檙e unhappy with the outcome of your complaint, you can still ask for the matter to be heard by a court rather than accepting and paying the fine.

Other sanctions

If a DVSA officer finds a problem, they can take different actions depending on how serious the problem is.

These include:

• giving a verbal warning
• issuing a vehicle inspection notice (PG35EC) - if an officer finds minor defects on your vehicle
• issuing an offence rectification notice (ORN) - when you have to fix the issue within a set period of time
• referring the driver and operator to the Traffic Commissioner
• calling the police to have you arrested
• prosecuting you in court

Driver and Vehicle Standards Agency (DVSA) officers and police officers have the power to immobilise your vehicle when they stop you.

Your vehicle can be immobilised if you鈥檝e committed a serious enough offence to get an 鈥榠mmediate prohibition鈥�.

An immediate prohibition is used to prevent risks to road safety (for example an unroadworthy vehicle or a tired driver). It means you will not be able to drive your vehicle until the problem is sorted out.

When your vehicle can be immobilised

DVSA or the police can immobilise your vehicle for any of the following reasons:

• you鈥檝e broken the rules on drivers鈥� hours and tachographs
• your vehicle is not roadworthy
• your vehicle is overloaded
• you鈥檝e been given a fine but cannot or will not pay it

Your vehicle might not be immobilised if special circumstances apply.

For example, DVSA will consider:

• the type of load you鈥檙e carrying
• whether you鈥檙e carrying passengers on a public service vehicle who鈥檇 be inconvenienced if it was immobilised

How to get your vehicle released

DVSA or the police will attach a warning notice to your vehicle after immobilising it. The notice tells you how to get the vehicle released. You have to:

• prove that the issues have been fixed
• pay an 拢80 release charge

Costs to release your vehicle

If your vehicle is immobilised for 5 days, this means your vehicle is 鈥榓bandoned鈥�. DVSA will move the vehicle to a storage site and contact you or the registered owner to claim the vehicle.

You will have to pay for:

• moving the vehicle (拢160)
• storing the vehicle (拢35 per day)
• immobilisation device removal (拢80)

Your vehicle will only be released when the full amount has been paid.

If the vehicle is not reclaimed within 3 months, DVSA will dispose of the vehicle. You鈥檒l have to pay these fees:

• moving the vehicle (拢160)
• storing the vehicle (拢35 per day)
• disposal of the vehicle (拢50)