The police, or Driver and Vehicle Standards Agency (DVSA) officers, can ask any commercial driver to stop their vehicle at the side of the road. They also have the authority to stop other large vehicles, such as buses, coaches, Lorries, trucks, and vans. The powers of police officers and DVSA allows them to carry out roadside spot checks on vehicles and issue roadworthiness prohibitions, where it becomes necessary.
Several things can happen if you get a roadside prohibition. As a rule, it prevents anyone from driving the vehicle until the problem has been fixed.
As a commercial driver, committing a motoring offence means you could also get a fixed penalty. The majority of fixed penalties follow a graduated system.
Therefore, the type of fixed penalty you get would generally depend on the actual circumstances of the incident and the seriousness of the offence committed.
Important: It is the driver’s responsibility to check and ensure the vehicle is in a safe, roadworthy condition.
What is a Prohibition Notice?
A Prohibition Notice (PG9) is a ban on the use of a vehicle on a public road. A prohibition will normally be issued where a vehicle is found by an examiner to be, or likely to become, unfit for use or where driving of the vehicle would involve a risk of injury to any person.
When a prohibition is in force it is an offence to drive or tow or permit to be used, a vehicle on the road unless an exemption notice has been issued or when certain circumstances as listed on the reverse of the prohibition notice apply.
In addition to preventing the further use of seriously defective vehicles on the road, prohibition notices are used:
Note 1: DVSA is required by law to send a copy of each prohibition to the relevant traffic commissioner.
Note 2: A commissioner can curtail, revoke or suspend licences based on prohibitions, convictions or failure to comply with the conditions of holding a licence, one of which is the requirement to have arrangements for ensuring adequate maintenance.
A prohibition might take effect immediately or could be delayed for up to ten days. Immediate prohibitions are issued where, in the opinion of an examiner, the defects on the vehicle are such that further driving of it would involve a risk of injury to any person.
Where, in the examiner’s opinion, no such risk exists, the prohibition will come into force at such time, not later than 10 days from the date of the inspection (delayed prohibition) as seems appropriate to the examiner, having regard to all the circumstances, and will afterwards continue in force until it is removed.
A delayed prohibition allows continued use of the vehicle until the prohibition comes into force. The period of delay on prohibitions will reflect:
Roadside prohibitions
You could be given a prohibition by a police officer or an officer from the Driver and Vehicle Standards Agency (DVSA). You could either get an immediate or delayed prohibition, depending on how dangerous your vehicle is before the faults are fixed.
Immediate prohibition
It is likely your vehicle will be immobilised and you will not be able to drive it if you get a prohibition that comes into effect immediately. You could also be prosecuted.
Delayed prohibition
If you get a prohibition with a delayed effect, you will 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 used on the road again.
Types of prohibition
Make sure you give the prohibition notice to the vehicle operator and owner. They will find details of how to clear it on the back.
Overload prohibition notice
If your vehicle is overloaded then you will 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.
Roadworthiness prohibition (PG9)
This is given for mechanical problems or for the condition of a vehicle’s bodywork and equipment. It could have an immediate or delayed effect depending on how severe the defect is.
DVSA has published a list of defects explaining whether immediate or delayed prohibitions are issued.
‘S’ marked roadworthiness prohibition
This is given when the examiner believes a severe defect is due to significant breakdown in the vehicle’s maintenance procedures.
You would not get this type of prohibition for defects you cannot have known about before your journey, eg:
You could get an ‘S’ marked prohibition if the examiner believes there’s been a significant breakdown in the maintenance procedures agreed as part of the operator’s licence.
The prohibition can start immediately and you or the operator could be prosecuted. DVSA will follow up with an assessment of the operator’s maintenance procedures.
Variation of roadworthiness prohibition
You could get this if an immediate problem with your 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.
You might get a different type of prohibition notice.
Example
The examiner would give you an immediate prohibition notice if a damaged vehicle wing is in danger of falling off a vehicle and is a potential road safety hazard. However, they might be satisfied if you can temporarily secure the wing back in place.
The examiner can then give you a ‘variation of roadworthiness prohibition’ – changing an immediate notice to a delayed one.
Drivers’ hours prohibition
You get this if you have not followed the rules for drivers’ hours and tachographs.
You will usually get a fine – but you could also be prosecuted or have your vehicle immobilised.
Hazchem prohibition
This is given when a problem with carrying dangerous goods is found. Fixing the problem is usually enough to get the prohibition lifted.
If you disagree with the prohibition
You can complain to the local police force or DVSA office that gave you the prohibition. Call DVSA if you need their contact details.
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 will try to arrange the reinspection somewhere convenient for you.
When they deal with your complaint, they will tell you if you need to send evidence.
Do not get your vehicle repaired or adjusted while you are making your complaint.
DVSA will respond to your complaint within 10 working days.
If you are unhappy with the outcome, complain to DVSA within 14 days of getting the prohibition.
Source – .Gov
