Guidance

Vehicle Market Surveillance Unit: offences and fines

Updated 5 February 2024

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This publication is available at https://www.gov.uk/government/publications/how-dvsa-makes-sure-businesses-make-or-sell-safe-vehicles-or-parts/vehicle-market-surveillance-unit-offences-and-fines

This guide tells you about the fines (called civil penalties) that the Driver and Vehicle Standards Agency (DVSA) can issue if it finds that you have broken a regulation that allows for civil sanctions.

You can read more information about how DVSA’s Vehicle Market Surveillance Unit carries out enforcement action.

The articles linked to in this guidance do not currently include the GB Approval scheme. They have been amended by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (legislation.gov.uk) which came into law on 31 December 2022. It will be updated soon.

Agricultural and forestry vehicles

Agricultural and forestry vehicles must meet certain standards called type approval.

Find out more about vehicle type approval

Breach of type approval regulations

If DVSA finds that you have breached agricultural and forestry vehicles type approval regulations they can fine the:

  • vehicle manufacturer
  • manufacturer’s representative
  • vehicle importer
  • vehicle distributor

The amount you can be fined depends on:

  • what the offence is
  • the size of the company
  • whether your offence or non-compliance has been committed deliberately, recklessly or because of negligence
  • whether you have a history of non-compliance or offending
  • if you are cooperative during the investigation
  • if you have financially benefited from the offence

Offence categories

Offences are categorised by levels depending on how serious the offence is. The levels are:

  • level 1 - you can be fined a maximum of £20,000 per offence
  • level 2 - you can be fined a maximum of £30,000 per offence
  • level 3 - you can be fined a maximum of £40,000 per offence
  • level 4 - you can be fined a maximum of £50,000 per offence

Multiple and repeat breaches will increase the amount you can be fined, up to a maximum of £50,000 per offence.

Level 1 - £20,000 maximum penalty for individual offences

You can be fined a maximum of £20,000 per offence if you breach the parts of EU Regulation 167/2013: approval and market surveillance of agricultural and forestry vehicles listed in this table.

Part of regulation Article
Obligations of manufacturers 8.9
Obligations of importers 11.6, 11.7
Obligations of distributors 13.3
Certificate of conformity 33.7, 33.8
Making available on the market registration or entry into service of end-of-series vehicles 39.5

Level 2 - £30,000 maximum penalty for individual offences

You can be fined a maximum of £30,000 per offence if you breach the parts of EU Regulation 167/2013: approval and market surveillance of agricultural and forestry vehicles listed in this table.

Part of regulation Article
Obligations of manufacturers 8.4, 8.5, 8.8
Obligations of importers 11.4
Certificate of conformity 33.1, 33.2, 33.3, 33.5, 33.6
Access to repair and maintenance information - manufacturers’ obligations 53.1, 53.2
Obligations with regard to several type-approval holders 54

Level 3 - £40,000 maximum penalty for individual offences

You can be fined a maximum of £40,000 per offence if you breach the parts of EU Regulation 167/2013: approval and market surveillance of agricultural and forestry vehicles listed in this table.

Part of regulation Article
Obligations of manufacturers 8.7
Obligations of manufacturers concerning their products that are not in conformity or that present a serious risk 9.3
Obligations of importers 11.2, 11.5
Obligations of importers concerning their products that are not in conformity or that present a serious risk 12.3
Obligations of distributors 13.1, 13.2
Identification of economic operators 16
Certificate of conformity 33.4
Statutory plate with the appropriate marking of vehicles and type-approval mark of components or separate technical units 34.1, 34.2
Making available on the market, registration or entry into service of vehicles 38.1
Making available on the market registration or entry into service of end-of-series vehicles 39.4

Level 4 - £50,000 maximum penalty for individual offences

You can be fined a maximum of £50,000 per offence if you breach the parts of The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 listed in this table.

Part of regulation Paragraphs
Obstruction of officers and false statements 9.1, 9.2

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 167/2013: approval and market surveillance of agricultural and forestry vehicles listed in this table.

Part of regulation Article
Obligations of manufacturers 8.1, 8.2, 8.3
Obligations of manufacturers concerning their products that are not in conformity or that present a serious risk 9.1, 9.2, 9.4
Obligations of manufacturer’s representatives concerning market surveillance 10
Obligations of importers 11.1, 11.3
Obligations of importers concerning their products that are not in conformity or that present a serious risk 12.1, 12.2, 12.4
Obligations of distributors concerning their products that are not in conformity or that present a serious risk 14.1, 14.2, 14.3, 14.4
Requirements for the functional safety of vehicles 17.1, 17.2
Requirements for occupational safety 18.1, 18.2
Requirements for environmental performance 19.1, 19.2
Making available on the market or entry into service of components and separate technical units 40.1

Motorcycles

Motorcycles must meet certain standards called type approval.

Find out more about vehicle type approval

Breach of type approval regulations

If DVSA finds that you have breached motorcycle type approval regulations they can fine the:

  • vehicle manufacturer
  • manufacturer’s representative
  • vehicle importer
  • vehicle distributor

The amount you can be fined depends on:

  • what the offence is
  • the size of the company
  • whether your offence or non-compliance has been committed deliberately, recklessly or because of negligence
  • whether you have a history of non-compliance or offending
  • if you are cooperative during the investigation
  • if you have financially benefited from the offence

Offence categories

Offences are categorised by levels depending on how serious the offence is. The levels are:

  • level 1 - you can be fined a maximum of £20,000 per offence
  • level 2 - you can be fined a maximum of £30,000 per offence
  • level 3 - you can be fined a maximum of £40,000 per offence
  • level 4 - you can be fined a maximum of £50,000 per offence

Level 1 - £20,000 maximum penalty for individual offences

You can be fined a maximum of £20,000 per offence if you breach the parts of EU Regulation 168/2013: on the approval and market surveillance of two- or three-wheel vehicles and quadricycles listed in this table.

Part of regulation Article
Obligations of manufacturers 9.9
Obligations of importers 12.6, 12.7
Obligations of distributors 14.3
Certificate of conformity 38.7, 38.8
Making available on the market registration or entry into service of end-of-series vehicles 44.5

Level 2 - £30,000 maximum penalty for individual offences

You can be fined a maximum of £30,000 per offence if you breach the parts of EU Regulation 168/2013: on the approval and market surveillance of two- or three-wheel vehicles and quadricycles listed in this table.

Part of regulation Article
Obligations of manufacturers 9.4, 9.5, 9.8
Obligations of importers 12.4
Certificate of conformity 38.1, 38.2, 38.3, 38.5, 38.6
Access to repair and maintenance information - manufacturers’ obligations 57.1, 57.2
Obligations with regard to several type-approval holders 58

Level 3 - £40,000 maximum penalty for individual offences

You can be fined a maximum of £40,000 per offence if you breach the parts of EU Regulation 168/2013: on the approval and market surveillance of two- or three-wheel vehicles and quadricycles listed in this table.

Part of regulation Article
Obligations of manufacturers 9.7
Obligations of manufacturers concerning their products that are not in conformity or that present a serious risk 10.3
Obligations of importers 12.2, 12.5
Obligations of importers concerning their products that are not in conformity or that present a serious risk 13.3
Obligations of distributors 14.1, 14.2
Identification of economic operators 17
Requirements for the functional safety of vehicles 22.3
Requirements for environmental performance 23.2, 23.3, 23.7, 23.10
Certificate of conformity 38.4
Statutory plate with the appropriate marking of vehicles and type-approval mark of components or separate technical units 39.1, 39.2
43. Making available on the market, registration or entry into service of vehicles 43
44. Making available on the market registration or entry into service of end-of-series vehicles 44.4

Level 4 - £50,000 maximum penalty for individual offences

You can be fined a maximum of £50,000 per offence if you breach the parts of The Motorcycles (Type-Approval) Regulations 2018 listed in this table.

Part of regulation Paragraphs
Obstruction of officers and false statements 9.1, 9.2

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 168/2013: on the approval and market surveillance of two- or three-wheel vehicles and quadricycles listed in this table.

Part of regulation Article
Obligations of manufacturers 9.1, 9.2, 9.3
Obligations of manufacturers concerning their products that are not in conformity or that present a serious risk 10.1, 10.2, 10.4
Obligations of manufacturer’s representatives concerning market surveillance 11
Obligations of importers 12.1, 12.3
Obligations of importers concerning their products that are not in conformity or that present a serious risk 13.1, 13.4
Obligations of distributors concerning their products that are not in conformity or that present a serious risk 15.1, 15.2, 15.3, 15.4
Requirements for the functional safety of vehicles 22.1, 22.2
Requirements for environmental performance 23.1
Making available on the market or entry into service of components and separate technical units 45.1

Non-road mobile machinery

Breach of type approval regulations

If DVSA finds that you have breached non-road mobile machinery type approval regulations they can fine the:

  • vehicle manufacturer
  • manufacturer’s representative
  • vehicle importer
  • vehicle distributor

The amount you can be fined depends on:

  • what the offence is
  • the size of the company
  • whether your offence or non-compliance has been committed deliberately, recklessly or because of negligence
  • whether you have a history of non-compliance or offending
  • if you are cooperative during the investigation
  • if you have financially benefited from the offence

Offence categories

Offences are categorised by levels depending on how serious the offence is. The levels are:

  • level 1 - you can be fined a maximum of £20,000 per offence
  • level 2 - you can be fined a maximum of £30,000 per offence
  • level 3 - you can be fined a maximum of £40,000 per offence
  • level 4 - you can be fined a maximum of £50,000 per offence

Multiple and repeat breaches will increase the amount DVSA can fine you, up to a maximum of £50,000 per offence.

Level 1 - £20,000 maximum penalty for individual offences

You can be fined a maximum of £20,000 per offence if you breach the parts of EU Regulation 2016/1628: requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery listed in this table.

Part of regulation Article
General obligations of manufacturers 8.7
General obligations of importers 11.6
General obligations of distributors 13

Level 2  - £30,000 maximum penalty for individual offences

You can be fined a maximum of £30,000 per offence if you breach the parts of EU Regulation 2016/1628: requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery listed in this table.

Part of regulation Article
General obligations of manufacturers 8.5, 8.10, 8.11
General obligations of importers 11.4, 11.5
Statement of conformity 31.1, 31.2, 31.4

Level 3 - £40,000 maximum penalty for individual offences

You can be fined a maximum of £40,000 per offence if you breach the parts of EU Regulation 2016/1628: requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery listed in this table.

Part of regulation Article
General obligations of manufacturers 8.4, 8.6, 8.8, 8.9
Obligations of manufacturers’ representatives for market surveillance 10(a)
General obligations of importers 11.2, 11.3
General obligations of distributors 13.1, 13.2, 13.4
Obligations of distributors concerning engines that are not in conformity 14.4, 14.5, 14.6
Obligations of OEMs concerning the installation of engines 15.4, 15.5, 15.6
Application of manufacturers’ obligations to importers and distributors 16
Notification obligation for economic operators and OEMs 17
Statement of conformity 31.3
Statutory marking of engines 32.1, 32.2
Temporary marking of engines 33.1, 33.2
Information and instructions intended for OEMs and end-users 43.1, 43.2, 43.3, 43.4

Level 4 - £50,000 maximum penalty for individual offences

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2016/1628: requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery listed in this table.

Part of regulation Article
General obligations of manufacturers 8.1, 8.2, 8.3
Obligations of manufacturers concerning engines that are not in conformity 9.1
Obligations of manufacturers’ representatives for market surveillance 10(b), 10(c)
General obligations of importers 11.1, 11.7
Obligations of importers concerning engines that are not in conformity 12.1, 12.2
Obligations of distributors concerning engines that are not in conformity 14.1, 14.2, 14.3
Obligations of OEMs concerning the installation of engines 15.1, 15.2, 15.3
Exhaust emission requirements for EU type-approval 18.1, 18.2, 18.3, 18.4
Monitoring of emissions of in-service engines 19

You can be fined a maximum of £50,000 per offence if you breach the parts of The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018 listed in this table.

Part of regulation Paragraph
Obstruction of officers and false statements 9.1, 9.2

Road vehicles

Breach of type approval regulations

If DVSA finds that you have supplied a trailer for use on the road and breached road vehicle type approval regulations they can fine you.

The amount you can be fined depends on:

  • what the offence is
  • the size of the company
  • whether your offence or non-compliance has been committed deliberately, recklessly or because of negligence
  • whether you have a history of non-compliance or offending
  • if you are cooperative during the investigation
  • if you have financially benefited from the offence

Offence categories

Offences are categorised by levels depending on how serious the offence is. The levels are:

  • level 1 - you can be fined a maximum of £20,000 per offence
  • level 2 - you can be fined a maximum of £30,000 per offence
  • level 3 - you can be fined a maximum of £40,000 per offence
  • level 4 - you can be fined a maximum of £50,000 per offence

Multiple and repeat breaches will increase the amount DVSA can fine you, up to a maximum of £50,000 per offence.

Level 1 - £20,000 maximum penalty for individual offences

You can be fined a maximum of £20,000 per offence if you breach the parts of EU Regulation 2018/858: on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles listed in this table.

Part of regulation Article
General obligations of manufacturers 13.7, 13.9
Obligations of importers 16.7, 16.9
Obligations of distributors 18.3

Level 2 - £30,000 maximum penalty for individual offences

You can be fined a maximum of £30,000 per offence if you breach the parts of EU Regulation 2018/858: on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles listed in this table.

Part of regulation Article
General obligations of manufacturers 13.4, 13.7
Obligations of importers 16.5, 16.6
Certificate of conformity in paper format 36.1, 36.3, 36.5, 36.7, 36.8, 36.9
Manufacturers’ obligations to provide vehicle OBD information and vehicle repair and maintenance information 61.1, 61.5, 61.6, 61.7, 61.8, 61.9
Obligations with regard to holders of several type-approvals 62.1, 62.2
Fees for access to vehicle repair and maintenance information 63.1, 63.2

Level 3 - £40,000 maximum penalty for individual offences

You can be fined a maximum of £40,000 per offence if you breach the parts of EU Regulation 2018/858: on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles listed in this table.

Part of regulation Article
General obligations of manufacturers 13.6, 13.8, 13.10
Obligations of manufacturers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk 14.3
Obligations of manufacturer’s representatives 15.1(a), 15.1(b), 15.1(d)
Obligations of importers 16.7, 16.8,
Obligations of importers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk 17.3, 17.3A
Obligations of distributors 18.2
Identification of economic operators 21
Certificate of conformity in paper format 36.6
Manufacturer’s statutory and additional plates, markings and type-approval mark of components and separate technical units 38.1, 38.2, 38.4
Making available on the market, registration or entry into service of vehicles other than end-of-series vehicles 48.2
Information intended for users 59.1, 59.2
Information intended for manufacturers 60.1, 60.2

You can be fined a maximum of £40,000 per offence if you breach the parts of EU Regulation 2009/78: on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users listed in this table.

Part of regulation Article
Technical requirements 4.5

You can be fined a maximum of £40,000 per offence if you breach the parts of EU Regulation 2014/540: on the sound level of motor vehicles and of replacement silencing systems listed in this table.

Part of regulation Article
Consumer information and labelling 7

You can be fined a maximum of £40,000 per offence if you breach the parts of EU Regulation 2015/758: concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service listed in this table.

Part of regulation Article
Rules on privacy and data protection 6.9

You can be fined a maximum of £40,000 per offence if you breach the parts of EU Regulation 2019/2144: on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users listed in this table.

Part of regulation Article
Specific requirements relating to hydrogen-powered vehicles 10.2

You can be fined a maximum of £40,000 per offence if you breach the parts of EU Regulation 2007/715 listed in this table.

Part of regulation Article
Manufacturers’ obligations 4.3

Level 4 - £50,000 maximum penalty for individual offences

You can be fined a maximum of £50,000 per offence if you breach the parts The Road Vehicles (Approval) Regulations 2020 listed in this table.

Part of regulation Section
Defeat systems PART 2 Regulation 14
Offences and defences SCHEDULE 4 PART 1 Paragraphs 1.1, 1.3, 1.4
Enforcement and other matters SCHEDULE 4 PART 3 Paragraphs 9.1, 9.2, 10.10

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2018/858: on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles listed in this table.

Part of regulation Article
General obligations of manufacturers 13.1, 13.2, 13.3, 13.5
Obligations of manufacturers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk 14.1, 14.2, 14.4
Obligations of manufacturer’s representatives 15.1(c), 15.2
Obligations of importers 16.1, 16.2, 16.3, 16.4
Obligations of importers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk 17.1, 17.2, 17.4
Obligations of distributors 18.1
Obligations of distributors concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk 19.1, 19.2, 19.3, 19.4
Making available on the market or entry into service of components and separate technical units 50.1
National Evaluation regarding vehicles, systems, components and separate technical units suspected of presenting a serious risk or non-compliance 51
National Procedures for dealing with vehicles, systems, components and separate technical units presenting a serious risk or non-compliance 52.2
Placing on the market and entry into service of parts or equipment that may pose a serious risk to the correct functioning of essential systems 55.1

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2009/661: concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor listed in this table.

Part of regulation Article
General obligations 4.1, 4.3
General requirements and tests 5.1, 5.2
Specific requirements relating to certain vehicles of categories N and O 6.1, 6.2, 6.3, 6.4, 6.5
Specific requirements relating to vehicles of categories M2 and M3 7.1, 7.2, 7.3, 7.4, 7.5
Specific provisions relating to vehicle tyres, installation of tyres and tyre pressure monitoring systems 9.1, 9.2, 9.3, 9.4, 9.5
Advanced vehicle systems 10.1, 10.2
Gear shift indicators 11
Electronic stability control systems 12.1, 12.2

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2009/78: on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users listed in this table.

Part of regulation Article
Technical requirements 4.1, 4.2, 4.3, 4.4

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2009/79: on type-approval of hydrogen-powered motor vehicles listed in this table.

Part of regulation Article
Obligations of manufacturers 4.1, 4.2, 4.3, 4.4, 4.5
General requirements for hydrogen components and systems 5

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2009/595: on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) listed in this table.

Part of regulation Article
Obligations of the manufacturers 4.1, 4.2
Requirements and tests 5.1, 5.2, 5.3
Specific requirements for manufacturers with regard to the environmental performance of vehicles of categories M 2 , M 3 , N 2 , N 3 , O 3 and O 4 5a.1, 5a.2
Obligations concerning systems using a consumable reagent 7

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2014/540: on the sound level of motor vehicles and of replacement silencing systems listed in this table.

Part of regulation Article
General obligations of manufacturers 5.1, 5.2
Additional sound emission provisions (ASEP) 6.5
Acoustic Vehicle Alerting System (AVAS) 8

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2015/758: concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service listed in this table.

Part of regulation Article
General obligations of the manufacturers 4
Specific obligations of manufacturers 5.1, 5.2, 5.3, 5.4, 5.5
Rules on privacy and data protection 6.4, 6.5, 6.11

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2019/2144: on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users listed in this table.

Part of regulation Article
General obligations and technical requirements 4.1, 4.4, 4.5
Specific requirements relating to hydrogen-powered vehicles 10.2

You can be fined a maximum of £50,000 per offence if you breach the parts of EU Regulation 2007/715: on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) listed in this table.

Part of regulation Article
Manufacturers’ obligations 4.1, 4.2
Requirements and tests 5.1, 5.2

Tyre labelling

Tyres sold on the UK and EU market must have labels that give information about:

  • fuel consumption
  • wet grip
  • noise classification

You can find more information about the rules you need to follow in Supply or distribute vehicle tyres: labelling rules.

Breach of tyre labelling regulations

DVSA can fine you if you breach tyre labelling regulations (called a relevant requirement). The amount you can be fined depends on if you have committed an offence previously.

You can be fined:

  • £100 per breach in the first instance
  • £250 per breach in the second instance
  • £500 per breach in the third instance
  • £1,000 per breach for any further breaches after the third instance
Country Regulation Article
England, Scotland and Wales Regulation No 1222/2009 4, 5, 6, 7
Northern Ireland Regulation 2020/740 4, 5, 6, 7, 8, 9

Serious offence such as fraud or obstruction of a tyre labelling investigation

DVSA can fine you if commit a serious offence such as fraud or obstruction of a tyre labelling investigation (called an enforcement obligation).

You can be fined £1,000.

Regulation Article
Motor Vehicle Tyres (Labelling) (Enforcement) (Amendment) (EU Exit) Regulations 2020 5, 10 and 11(6)
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