Roadside vehicle checks for commercial drivers
You could be given a prohibition by a police officer or an examiner 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
You can receive more than one prohibition after a roadside check. An immediate prohibition means you’re not allowed to drive your vehicle until the problems have been fixed.
A roadworthiness prohibition is given for mechanical problems or for the condition of a vehicle’s bodywork or equipment.
If the operator of your vehicle is based outside of the UK, you’ll 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 defects of a vehicle
If the defects are minor, you could get a delayed prohibition.
This means you’ll 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 defects of a vehicle
You could get an ‘S’ marked prohibition if there’s a severe defect - this is usually because there’s a problem with the vehicle’s maintenance procedures.
An ‘S’ marked prohibition can be delayed if the police officer or DVSA examiner decides that there’s no immediate risk to driving.
If you get an immediate ‘S’ marked prohibition, it’s 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’s maintenance procedures.
You would not get an ‘S’ 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.
If the vehicle is overloaded then you’ll be issued with an immediate prohibition notice and your vehicle may be immobilised. Examiners 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’ hours prohibitions
You can get a drivers’ hours prohibition if you have not followed the rules for drivers’ hours and the rules for tachographs.
You’ll 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’s a leakage
- you’re not trained to transport hazardous goods
Fixing the problem is usually enough to get the prohibition lifted. The examiner may ask you to do this before letting you drive away.
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’re unhappy with the outcome of your complaint, contact DVSA within 14 days of getting the prohibition.
Telephone: 0300 123 9000
Monday to Friday, 7:30am to 6pm
Find out about call charges
DVSA may not need to reinspect the vehicle. If they do, they’ll try to arrange the reinspection somewhere convenient for you.
When they deal with your complaint, they’ll tell you if you need to send evidence.
Do not get your vehicle repaired or adjusted while you’re making your complaint.
DVSA will respond to your complaint within 10 working days.