The Driver and Vehicle Standards Agency (DVSA), is tasked with ensuring safety and compliance across the UK’s road transport sector. For transport operators, transport managers, and professional drivers alike, being subject to a DVSA investigation or enforcement action can have serious legal and commercial consequences.
In this article we highlight the three main types of DVSA investigations, DVSA enforcement powers, and provide detail on what an Operator Compliance Risk Score (OCRS) is based on. We also outline when the DVSA will refer a matter to the Office of the Traffic Commissioner.
DVSA investigations are often triggered following roadside inspections, routine vehicle and operator centre checks, or reports of non-compliance, for example, from the public or employees.
There are three main types of investigations the DVSA can conduct:
DVSA officers have broad powers to stop and inspect vehicles, enter premises under certain conditions, and demand documentation when carrying out investigations.
Where issues of non-compliance are identified during a DVSA investigation, the DVSA has various enforcement powers, including the ability to issue fixed penalties and prohibition notices. In some cases, enforcement by the DVSA can lead to lead to prosecution in the criminal courts.
The DVSA uses the Operator Compliance Risk Score (OCRS) to assess and prioritise enforcement activity. This score is based on an operator’s history of compliance, including roadside inspections, MOT results, and recorded offences.
Operators are categorised into green (low risk), amber (medium risk), or red (high risk). Those in the red band are significantly more likely to be stopped and inspected. The OCRS is updated daily and reflects both positive and negative interactions with the DVSA.
Public inquiries before a traffic commissioner are inextricably linked with DVSA investigations and enforcement. Where the DVSA identifies serious or repeated breaches of compliance, particularly those posing a risk to road safety or undermining the integrity of an operator’s licence, it will often refer the matter to the Office of the Traffic Commissioner.
The traffic commissioner may then convene a public inquiry to assess whether the operator remains fit to hold their licence. These are formal regulatory hearings with potentially severe consequences, including curtailment, suspension, or revocation of the licence. For commercial transport operators, the legal and financial implications of such outcomes can be substantial.
You can read more about public inquiries before the traffic commissioner in our detailed guide here.
DVSA enforcement is a serious matter that demands prompt and careful attention. Operators should regularly review their internal compliance procedures, ensure all documentation is accurate and up to date. They must also ensure that their policies and procedures are being followed in practice and any inconsistencies addressed. This will enable those facing an investigation and potential enforcement action to provide good quality records to the DVSA.
Early legal assistance can help reduce the likelihood of enforcement action, but where an investigation leads to formal interviews under caution, prosecution, or a public inquiry before a traffic commissioner, legal representation is essential. Early intervention not only helps mitigate potential consequences but also demonstrates a proactive commitment to compliance.
The business risk and regulation team at Ashfords supports operators at every stage of the DVSA investigation and enforcement process. This includes assistance with any consequential proceedings, such as prosecutions or public inquiries before a traffic commissioner, as well as advising on general compliance (to reduce incidents) and remedial measures to protect and preserve an operator’s licence. If you require support, please do not hesitate to get in touch.
