Notes for Guidance and Code of Practice for Informal Hearings
Foreword
1.
These notes explain the procedures for informal hearings which may be held as part of the process of
determining appeals from;
· Authorised Examiners (AE), Designated Councils (DC), Nominated Testers (NT) and Designated
Council Inspectors (DCI) who have been served with a statutory Notice of Cessation of their
authorisation, designation or approval to test.
· applicants who have been served with a Notice of Intent to Refuse their application for authorisation,
designation or approval to test.
These notes should be read in conjunction with Requirements for Authorisation Application Pack,
Sections E and I of the MOT Testing Guide.
2.
The Statutory requirements in relation to appeals are contained in the Motor Vehicles (Tests) Regulations
1981 as amended. The Regulations provide that where those who have been served with a statutory
notice wish to make representations to the effect that;
· their authorisation, designation or approval should not cease or should be restored,
or that;
· their application for authorisation, designation or approval to test should be approved;
they should make such representations in writing within 14 working days from the date of the notice
(Regulations 10 (1) (c) and 8 (9) respectively). All written representations or statements should fully set
out your case and all the evidence you wish to rely upon.
The availability of informal hearings does not affect the terms of the Regulations. Informal Hearings
provide an additional process whereby cases may be put personally to officials in VOSAs Appeals
Section.
Requests for a Hearing
3.
Requests will normally be granted. If you wish your case to be heard at a hearing it is in your interests to
submit your request to the local VOSA Office as soon as possible after you have received the Notice of
Cessation or Intent to Refuse to Authorise, Approve or Designate. This can be made by letter or fax. A
date for the hearing will be offered by the Appeals Section. You will be permitted to refuse the first date
offered.
Who May Attend the Hearing
4.
You may attend and/or be represented by your trade association, consultant or legal representative. The
Appeals Section may arrange for VOSA personnel involved in the disciplinary or intended refusal action
to attend the hearing where their evidence is at issue.
Appendix 8.8 Informal Hearings
8.8
The MOT Testing Guide
Issue Date February 2010