Appendix 7: Convictions and Repute
1. Convictions and Repute general
Within the MOT scheme, it is important that the DVSA protect the public, DVSA staff, the integrity of the MOT scheme and the Agency. This includes preventing entry and removing any individual who should not be involved in the MOT scheme.
Any individual involved in the MOT scheme must be free of conviction and be of good repute as defined within this appendix.
Any individual involved includes AEPs, AEDMs, AEDs, Site Managers, Site Admin and Testers.
2. Convictions General
The DVSA must be notified of all convictions as described in this appendix immediately for any individual involved in the MOT scheme. The responsibility to notify the DVSA of any conviction lies with both the AE and the individual who holds the role in the MOT scheme.
An AE is responsible for making the necessary checks on an individual prior to assigning them any role within their authorisation, ensuring they are free of any convictions as described in this appendix.
All notifications of conviction should be sent directly to MOTadministration@dvsa.gov.uk
3. Conviction Criteria
The DVSA understand that certain convictions can be emotive in nature and as such DVSA will take into consideration any conviction which is defined to be a serious offence.
The DVSA considers a serious offence to be defined as any unspent criminal conviction of an individual or business entity to which that individual had an association to, where any of the following has been imposed:
• Imprisonment (including suspended sentences) exceeding three months.
• A fine exceeding level 4 on the standard scale (currently £2500).
• A community service order (or equivalent) requiring unpaid work for more than 60 hours.
• Any punishment outside the UK corresponding to the above
If the conviction does not fall under these categories then the conviction will be considered acceptable for participation within the MOT scheme, unless there are grounds for consideration as part of an individual’s good repute.
4. Authorised Examiner Convictions Outcomes
It is the responsibility of the authorised examiner to notify the DVSA immediately of any convictions, as described in this appendix, to any individual involved in the MOT scheme under their authorisation, this includes:AEPs (Directors, partners and sole traders), AEDMs, AEDs, site managers, site admin and testers. An AE must notify the DVSA and make the necessary arrangements to remove any individual immediately.
All notifications of conviction should be sent directly to MOTadministration@dvsa.gov.uk.
Once notified the approval to test will be ceased after 28 days unless the person who has the unacceptable conviction is removed or there is enough evidence of an application with continuity with intent to remove the individual.
A person cannot hold any role within the MOT scheme in any capacity until the conviction is considered spent under the relevant/current rehabilitation act.
Please refer to Appendix 8 for all disciplinary outcomes.
5. Tester Convictions Outcomes
It is the responsibility of the tester to notify the AE and the DVSA immediately of any convictions as described in this appendix which they receive. All notifications of conviction should be sent directly to MOTadministration@dvsa.gov.uk. The individual cannot hold any role within the MOT scheme in any capacity until the conviction is considered spent under the relevant/current rehabilitation act.
Refer to Appendix 8 for disciplinary outcomes
6. Failure to Notify
Failure to notify the DVSA of any convictions, as described in this appendix, against any individual involved in the MOT scheme that would have resulted in the authorisation not being granted/removed or in the case of a tester the authorisation to test being refused/removed will result in immediate cessation action being taken against the authorisation and/or the tester.
Refer to Appendix 8 for disciplinary outcomes.
7. Repute General
To participate in the MOT scheme any business, authorisation, site and any individuals involved must be of good repute, the DVSA may take into consideration any information available at any time, whether that is during an initial application or on going. The information available can be DVSA generated but can also be from other reputable sources of intelligence, such as but not limited to the police and other government bodies.
The DVSA interprets good repute as the ability to continually meet requirements and expected behaviours within the MOT scheme. Any individual must be a credible professional, any conduct or behaviour that could be considered unacceptable in the eyes of the public or the DVSA may deem a person to no longer being of good repute.
It is the responsibility of all individuals involved to be aware of and adhere to the requirements.
8. Repute considerations
The DVSA can take into consideration any conduct or involvement in activities which could deem a person to no longer being of good repute. Any involvement in such activities or conduct may result in an authorisation to participate in the MOT scheme being declined or removed.
This may include but is not limited to:
• Previous and/or repeating failures to adhere to MOT testing service rules and/or test standards, regardless of the previous role or disciplinary outcomes.
• Failure to follow DVSA guidance that has been reasonably requested.
• Inability of DVSA and/or other enforcement officers to contact those in control of the MOT Test Station.
• Failure to supply documents or data that is held and which have been reasonably requested.
• Production of false documents to DVSA or MOT Training providers.
• Failure to comply with other government agencies such as HM Revenue and Customs or the Police.
• Removing or tampering with emissions equipment.
• Tampering with a vehicle odometer.
• Issuing fraudulent MOT certificates.
• Other poor conduct such as a lack of co-operation or honesty.
• Repeating Criminality.
• Convictions of the Company/Business.
• Money Laundering.
• Fronting a Garage.
When considering repute the DVSA may also take into consideration any convictions which may not have been considered in convictions criteria 9.1.1. This would include any case where an individual or business has been convicted of an offence or where relevant intelligence information suggested involvement in relation to, but not limited to the following:
• Offences covered by the Fraud Act.
• Offences covered by the Theft Act.
• Offences covered by the Misuse of Computers Act.
• Offences covered by the Money Laundering and Terrorism act.
• Offences involving Violence.
• Offences of a Sexual nature.
• Offences concerning the operation of a business.
• Offences involving dishonesty.
9. Repute Outcomes
The DVSA will take into consideration all the information which is available. A decision on whether an individual and/or authorisation is of good repute will based on that information.
If it is considered repute is lost disciplinary action may be taken, where it is considered that there is an immediate risk to road safety or the integrity of the MOT testing service immediate cessation action may also be taken.
Refer to Appendix 8 for all disciplinary outcomes.