You may have been running a haulage company for many years but suddenly, and without any warning, a letter arrives from the DVSA – they would like to visit you to inspect your records. Our specialist road transport lawyer, Martin Smith, answers some of the questions often asked by clients preparing for a DVSA visit.
Why do the DVSA want to visit me?
It doesn’t take much to trigger a visit. The DVSA want you to operate your vehicles in a safe and compliant way. They may have concerns based on your MOT test failure rate or, perhaps, a roadside encounter. Alternatively, the DVSA may have been asked to visit by a Traffic Commissioner.
What records will the DVSA want to see?
It is likely that the DVSA will wish to see all of the records which you are required to keep including those relating to maintenance planning, defect identification and rectification and the analysis of tachograph data. The DVSA will also wish to see evidence showing how you deal with driver’s hours infringements. It is a good idea to make sure that all of your records are available for inspection in advance of the meeting.
What should I do if my records are not complete?
Once you have gathered your records together it will be easier to see if they are up to date, or whether there are any gaps or any other problems. It is likely to make a better impression on the DVSA if you have been able to identify areas for improvement prior to their visit and have taken steps to start to fix any issues which you have found.
What is a PG13?
At the end of the meeting the DVSA may give you a form PG13. This will set out the issues which they have found and request a response from you in writing. It is important to take this seriously – the DVSA may refer your case to a Traffic Commissioner. It is essential to act on the advice given by the DVSA and respond to the PG13 within the timescale set.
What should I do if the DVSA wish to interview me under caution?
If the DVSA suspect that you may have committed a criminal offence they may wish to carry out an interview under caution. It is your right to have a solicitor present during the interview to provide advice and to protect your rights. You may ask the DVSA officers to arrange for the interview to take place on a later date. This will enable us to contact the DVSA officers on your behalf to ask what they want to question you about and to help you prepare for the interview.
How can Vienna Kang Advocates help?
Our specialist road transport lawyers can look at your records to establish whether they are compliant. If they are not compliant, we can advise you what you need to do to become compliant. If the DVSA wish to carry out an interview under caution we can help you prepare, attend the interview with you and protect your interests.
If the DVSA have commenced criminal proceedings against you in the Magistrates Court or have already referred your case to a Traffic Commissioner for a Public Inquiry, our experienced lawyers can represent you. Please contact our Principal Road Transport Lawyer, Martin Smith, to see how we can help you on 07494 144 731 or get in touch with him by email M.Smith@viennakang.co.uk.
Martin Smith is a member of the Chartered Institute of Logistics and Transport and possesses the Certificate of Professional Competence for Transport Managers in Road Haulage. Martin provides advice to businesses in connection with:
- Police and DVSA investigations and interviews
- Prosecutions for road transport offences
- Traffic Commissioner’s Public Inquiries