VOSA Categorisation Of Defects - GOV.UK

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Vehicle & Operator Services AgencyCategorisation of Defects

IntroductionPurpose of the GuideLayout of the Guide1. This Guide is intended primarily for theuse of Examiners within VOSA andAuthorised Constables. However, it ismade available more widely so thatvehicle owners, operators and drivers canbecome more aware of VOSA’sstandards.3. This publication is divided into three partscovering the main groups of roadvehicles.Its purpose is: to provide guidance on the action totake when roadworthiness defects arefound during vehicle inspections;to promote consistency amongExaminers2. The Guide is not a legal document andmust not be treated as an interpretation ofthe relevant legislation, which only thecourts can provide.Part 1 is intended for heavy goods andpublic service vehicles and may also beused for agricultural motor vehicles,trailers and trailed appliances (see notebelow).Part 2 is for cars, private buses and lightgoods vehicles.Part 3 is for motorcycles includingcombinations.Note: An agricultural motor vehicle,trailer or trailed appliance is one that isconstructed or adapted for use off roadsfor the purpose of agriculture, horticultureor forestry and which is primarily used forone or more of those purposes, but doesnot include a "dual-purpose" vehicle asdefined in the Road Vehicles(Construction and Use) Regulations.They fall into two distinct groups: thosedriven/drawn at speeds not exceeding20mph and those driven/drawn at speedsin excess of 20mph.When using Part 1 of this document inconnection with the inspection of anagricultural motor vehicle, trailer or trailedappliance the following exceptions mustbe noted:Categorisation of DefectsFor all types of agricultural vehicle IMreferences 3, 21, 24 and 33 will notapply.For types driven/drawn at speeds not inexcess of 20mph the following IMsmight not apply, or might apply in partonly: IMs 5, 7, 8, 12, 14, 17, 22, 23, 24,25, 26, 27, 48, 62 to 67 inclusive and 71to 73 inclusive.As a general rule when inspecting theseslower vehicles and using the IMsmentioned above, Examiners shouldonly be concerned with items that theyfind fitted. That is, a vehicle should notbe considered defective if a particularitem was not fitted as originalequipment.4. The page layout for all three parts is thesame and consists of four columns.Column 1: describes the defect;Column 2: describes the severity of thedefect;Column 3: gives guidance on the actionto be taken;Column 4: gives guidance notes onstandards and legal requirements.April 08i

IntroductionPolicy on the Issue of Prohibitions5. A Prohibition Notice (PG9) is a ban on theuse of a vehicle on a public road. Aprohibition will normally be issued wherea vehicle is found by an Examiner to be,or likely to become, unfit for use or wheredriving of the vehicle would involve a riskof injury to any person.6. When a prohibition is in force it is anoffence to drive or tow or permit to beused, a vehicle on the road unless anexemption notice has been issued orwhen certain circumstances as listed onthe reverse of the prohibition notice apply.7. In addition to preventing the further use ofseriously defective vehicles on the road,prohibition notices are used: to notify the operator or owner of thedefect(s) that caused the prohibition, sothat they can be put right before theremoval of the prohibition; in the case of vehicles subject tooperator licensing, to inform the TrafficCommissioner that prohibitable defectshave been found; to enable VOSA to target additionalenforcement checks on operatorswhose record suggests thatmaintenance is inadequate.8. A prohibition might take effectimmediately or could be delayed for up toten days. Immediate prohibitions areissued where, in the opinion of anExaminer, the defects on the vehicle aresuch that further driving of it would involvea risk of injury to any person.Where, in the Examiner’s opinion, nosuch risk exists, the prohibition will comeinto force at such time, not later than 10days from the date of the inspection(delayed prohibition) as seemsappropriate to the Examiner, havingregard to all the circumstances, and willafterwards continue in force until it isremoved.A delayed prohibition allows continueduse of the vehicle until the prohibitioncomes into force. The period of delay onprohibitions will reflectNote 1: VOSA is required by law tosend a copy of each prohibition to therelevant Traffic Commissioner.Note 2: A Commissioner can curtail,revoke or suspend licences on the basisof prohibitions, convictions or failure tocomply with the conditions of holding alicence, one of which is the requirementto have arrangements for ensuringadequate maintenance. the severity and number of defectsobserved, their significance in road safety andenvironmental terms, any risk presented by continued use ofthe vehicle,while taking into account the operationaland financial implications for the operator.iiApril 08VOSA

IntroductionPeriod of DelayExaminers will normally select one of thefollowing periods of delay, which have beengrouped together into three bands accordingto the number and severity of the defects listedon the prohibition notice (PG9):BandPeriod of DelaySeverity of Defects Listed on the PG9AMaximum 10 daysLess than 5 defects in non critical areas;B4 to 7 days1 defect in a safety critical area or 5 or more defectsin non critical areas;CUp to 3 daysMore than 1 defect in a safety critical area of the vehicle.Definition of Safety CriticalSafety Critical defects or systems are thosethat could affect the control or directionalstability of the vehicle.Throughout this Guide, recommendations areindicated by a letter in the action column, as follows"I" denotes an immediate prohibition9. Where Examiners find on a vehicleroadworthiness defects not seriousenough to warrant prohibition, they willadvise the user/ owner using a VehicleInspection Notice. This notice is advisoryonly and does not in itself prevent furtheruse of the vehicle.Even if not prohibitable, some of thedefects may mean that the vehicle isunroadworthy and does not comply withthe law. Continued use of a vehicleissued with either a Delayed Prohibitionor a Vehicle Inspection Notice listingadvisory defect(s) risks prosecutionunder the Road Vehicles (Constructionand Use) Regulations or Road VehiclesLighting Regulations and so it will be inthe user’s interest to repair defects assoon as practicable after they are noticed.Note: A Technical Roadside InspectionReport (PG35EC) will be issued followinga HGV/ PSV spot check examination inplace of a Vehicle Inspection Notice usedfor other vehicles. This will include anyadvisory defects."D" denotes a delayed prohibition"IN" advisory defects not considered seriousenough to prohibit the vehicle. They arereported on a Vehicle Inspection Noticeexplained in the following paragraph.Categorisation of DefectsApril 08iii

IntroductionVehicles Undergoing Repair10. As a general rule, vehicles undergoingrepair, and those partially dismantledand awaiting spare parts should not beexamined. However, where it isreasonable to assume the extent of therepair is limited or is of a token natureonly and the vehicle’s generalappearance suggests that it was lastused on the road in a seriously defectivecondition, an examination may becarried out of the items not receivingattention. A prohibition, if issued, shouldbe endorsed "UNDER REPAIR".Vehicles Awaiting Repair or Scrapping11. Vehicles parked on operators’ premisesand claimed to have been withdrawnfrom use pending repair or scrappingcan be examined if it appears that thevehicle has recently been used on theroad in a seriously defective state.Vehicles Claimed to be Out of Use12. Vehicles claimed to be withdrawn fromuse should be treated as in the previoustwo paragraphs in that they shouldgenerally not be examined or prohibited.Where there is doubt about anoperator’s claim, Examiners should seekfirm evidence of non-use, for exampleevidence of de-licensing. However,such evidence does not preclude anexamination if it appears that the vehiclehas been recently used, or it is likely tobe used on the road in a seriouslydefective condition. In thesecircumstances a prohibition, if issued,should be endorsed with a comment toindicate that the vehicle was claimed tohave been withdrawn from service.Vehicles Damaged in Collisions13. Vehicles examined following collisionsshould generally not be prohibited if alldefects arose from the collision unless itis believed that further use of the vehiclein a defective state is intended. If thereare prohibitable defects which pre existed the collision a prohibition will beissued and the collision damageincluded on the notice. It must be madeclear which items were caused by thecollision and which were present before.To achieve this, segregate the defectswith the headings, "COLLISIONDAMAGE" and "DEFECTS NOT DUETO COLLISION ".As with vehicles undergoing repair, thefact that the vehicle was off the roadand claimed to be withdrawn fromservice should be noted on aprohibition, if issued, by endorsing it"AWAITING DISPOSAL" or "AWAITINGREPAIR".ivApril 08VOSA

IntroductionStandards for Prohibition Issue14. This Guide also explains the standardsthat guide Examiners on the issue ofprohibition notices to unroadworthyvehicles following inspections at anylocation.When making decisions onroadworthiness, Examiners will take intoaccount such factors as prevailingweather, vehicle use and configuration,and other information issued by VOSA,such as statutory test inspectionmanuals, amplification notes andtechnical bulletins.16. Examiners will record decisions on theappropriate prohibition documentconcisely and clearly. Descriptions suchas "worn", "loose", "noisy", "broken","fractured", "inefficient", corroded", arenot sufficient on their own.Where possible, sufficient detail shouldbe recorded about defectivecomponents to enable subsequentidentification. Tyre sizes and serialnumbers should be recorded for eachdefective tyre listed on the prohibition.Examples15. When dealing with vehicles that havebeen Type Approved, approved to anational scheme or certified to theCetificate of Initial Fitness requirements(PSVs only), Examiners need to becareful not to require higher standardsof construction, or the fitment of items,than were required/ fitted when thevehicle was manufactured and‘approved’.Categorisation of DefectsInadequate WordingSuggested Wordinga. Free play front wheel bearingExcessive free play nearside front wheelbearing.b. Handbrake mechanism seizedHandbrake mechanism seized andhandbrake ineffective.c. Front brake pipe chafedOffside front brake flexible hose chafedalmost through.d. Leakage of brake fluid O/S rearSevere leakage of brake fluid from O/S rearbrake cylinder when brake applied.e. Exhaust smokingExhaust emitting excessive black smoke.April 08v

Introduction17. The term "insecure" is used many timesthroughout this Guide to describe adefective condition. This term should betaken by Examiners to mean either: that a component on the vehicle hasrelative movement (looseness) at itsfixings or in relation to an associatedcomponent where there should benone,orthat a component is not safely orcompletely attached at its fixing or toan associated component.All components on a vehicle must besafely attached while it is in use on theroad. However, how safely acomponent needs to be attacheddepends on its function.Areas of the vehicle considered criticalin terms of the likelihood of the vehicleto endanger the driver, any passengersand other users of the road, can toleratefewer fixings that are broken, loose,missing or otherwise ineffective thanthose in a less critical part of thevehicle.viApril 08The proportion will depend on factors suchas the design of the component etc, but as ageneral rule, no more than 20% (1 in 5) ofthe fixing devices should be loose etc. Morethan this proportion means that theremaining fixing devices could be over stressed and could therefore fail at any time.Examples of critical systems include (this isnot an exhaustive list):} steering brakes suspension linkagestrailer couplingslive (ie moving) transmissioncomponentswheels and hubs except those componentsnot subject toheavy loads or forces, egpower steering reservoirsor brake relay valvesThe proportion suggested above does notapply to: components in a critical area or systemsecured by a single fixing device. If thisdevice is loose, broken etc, thecomponent is to be considered insecure. components in a critical area or systemwhere detailed instructions are given inthe manual (eg wheel studs/nuts). Insuch cases, these instructions must beused in preference.Components that are not part of acritical system, eg some body panels,can tolerate a higher proportion of theirfixings either loose, broken etc. Again,the proportion will depend on the designof the component but, as a general rule,no more than 33% (1 in 3) of the fixingdevices should be loose, broken,missing or otherwise ineffective.A component secured by a nonstandard, temporary means should bejudged on its merits.18. The nature of each defect listed on theprohibition must be such that, had itbeen the sole defect detected,prohibition action would still be justified.The number of defects found is not acriterion for the issue of a prohibition.19. Notwithstanding the guidance above,prohibition notices are allowed to beissued for any failure to comply with theRoad Vehicles (Construction and Use)Regulations or the Road VehiclesLighting Regulations, where theExaminer is satisfied that the vehicle is,or is likely to become, unfit for service.VOSA

Introduction20. The scope of any inspection of thevehicle might be limited by the circum stances at the inspection site, by thevehicle’s design or construction and bythe absence of particular inspectionfacilities.For this reason, there might be otherdefects that cannot be seen at the timeof the inspection and are therefore notlisted on the prohibition or vehicleinspection notice. In some cases,checks will be made on specific areas ofthe vehicle only, eg exhaust emissions.Variation Notices (PG9A)21. Variation Notices are used to altercertain details of an existing prohibition.This will normally be necessaryfollowing a subsequent inspection of thevehicle that reveals additional defects orwhere some but not all of the defectslisted on the prohibition have beenrectified.In addition to altering the list of defects,Variation Notices can alter the time anddate of an existing prohibition by makinga delayed prohibition ‘Immediate’ or viceversa.Categorisation of DefectsExemptions (PG9B)22. Exemption Notices are issued to permitprohibited vehicles to proceed to a placeof repair under controlled conditionsonce the prohibition has come intoforce. The conditions of movement willbe detailed on the Exemption Notice.Examiners will normally issue anExemption Notice only if in their opinionthe vehicle can be moved to such aplace without risk to public safety.Removal of Prohibitions23. Before a prohibited vehicle can be usedagain on a public road the ProhibitionNotice must be removed by the issue ofa ‘Removal of Prohibition’ Notice(PG10). An Examiner is allowed toremove a roadworthiness prohibitionwhen satisfied that the vehicle is "fit forservice".Accordingly, where a further moreextensive inspection is required and theavailable inspection facilities areinadequate for that purpose, anExaminer may direct the vehicle to atesting station for an inspection prior toremoving the prohibition.24. Examiners are advised that "fit forservice" must be taken as meaning that,if tested, the vehicle would comply withall the relevant annual test standards.The discovery of defects that wouldresult in an annual test failure could begiven as a reason for refusing to removea prohibition.25. Vehicles subject to the MOT test willnormally be considered "fit for service"when they have passed the test andhave been issued with a pass certificate(VT20/VT20W) dated after the date ofthe prohibition notice issue.26. In the case of heavy goods vehicles andpublic service vehicles, the law imposesthe responsibility on the Examinerconsidering removing a roadworthinessprohibition, of satisfying himself that thevehicle is "fit for service".In law, Examiners have absolutediscretion over the scope ofexamination, which in their opinion isnecessary for them to be satisfied thatthe vehicle is "fit for service".April 08vii

Introduction27. VOSA provides general guidance onlyon how Examiners will satisfythemselves that a vehicle is "fit forservice".The Examiner to whom a vehicle ispresented for prohibition clearance willneed to take into account anyrecommendation regarding the level ofclearance inspection recorded on theProhibition Notice by the issuingExaminer.He/ she will bear in mind that theissuing Examiner should have alreadytaken into account the following factorsin framing their recommendation:viii whether he/ she would have clearedthe prohibition "on site", without afurther more extensive examination,had the defects been rectified then; the extent of the inspection alreadyconducted; the nature of the defects described onthe PG9.April 08In addition to these the clearingExaminer will need to take the followingfactors into account: any comments made by the Examineror Authorised Constable; the time elapsed and mileage coveredsince the issue of the prohibition; the operator’s maintenance history; the date of the last annual inspection.28. More detailed information on theprocedures to be followed in order tohave roadworthiness prohibitionsremoved is provided on the reverse sideof the Prohibition Notice.VOSA

IntroductionComplaints and Appeals29. The Law does not provide for astatutory appeal against the issue of aprohibition. However, VOSA does havea formal complaints procedure. Policeissued prohibitions are outside thescope of this procedure.Operators wishing to use this procedurewill find information on the reverse ofthe Prohibition Notice handed to thedriver by the issuing Examiner at thetime the prohibition is issued.If owners, operators or drivers feel theyhave been unfairly or harshly treated,they can complain to the relevantmanager at the local VOSA Office.On these occasions, operators can usethis Guide to judge whether the actiontaken was consistent with VOSA’spublished guidance. Each complaint willbe logged, acknowledged and a formalwritten reply provided.Complaints can be dealt with mosteasily at the local VOSA Office levelsince the vehicle and prohibition noticewill normally be readily available.Categorisation of DefectsHowever, where an operator isdissatisfied with the outcome of theircomplaint and wishes to escalate theirpoints they should be forwarded to theCustomer Complaints Co-ordinator.Letters should be addressed to:Customer Complaints Co-ordinatorVehicle and OperatorServices Agency,Berkeley House,Croydon Street,Bristol BS5 0DA30. If you continue to be dissatisfied with thetreatment of your complaint, you maywrite to the Chief Executive who mayrefer your grievance to the independentadjudicator.31. Regulations provide for appeals to bemade against the refusal of anExaminer (or Authorised Constable) toremove a Prohibition Notice.The owner or operator of the vehiclemay appeal (in writing) within 14 days tothe address above.April 08ix

1VOSA Categorisation of DefectsPart 1: Public Service, Heavy Goodsand Agricultural Vehicles

ContentsVOSA Categorisation of DefectsPart 1: Public Service, Heavy Goods and Agricultural VehiclesIM No.*PageIM No.*PageIM No.*Page#3Seat Belts .1#22Driver’s Mirrors.50#48 Suspension.85#5Exhaust Emissions. .4#23 Glass and View of the Road.516Road Wheels and Hubs.5#24 Accessibility Features.5453 Axles, Stub Axles andWheel Bearings.90#7Size and Type of Tyres.

and other information issued by VOSA, such as statutory test inspection manuals, amplification notes and technical bulletins. 15. When dealing with vehicles that have been Type Approved, approved to a national scheme or certified to the Cetificate of Initial Fitness requirements (PSVs only), Examiners need to be

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