18-09-08 Success in high court for VOSA
On August 5 2008, an MOT case dating back to 2000 was decided in favour of the Vehicle and Operator Services Agency (VOSA) at the High Court of Justice.
Turnpike Motors in Sussex, was removed from the MOT scheme as a result of issuing a certificate to a seriously defective Land Rover. The Authorised Examiner and owner of the garage took VOSA to the High Court, claiming that VOSA had a legal duty of care to the garage as an MOT test station which had been breached. They were seeking £500,000 compensation.
The Judge, Adrian Palmer QC, concluded that VOSA owed no legal duty of care to the Authorised Examiner because its duty of care to the public took priority. Further to that, Judge Palmer ruled that, even if VOSA had owed a duty of care to the garage, it would not have been breached because VOSA’s actions were fair, just and reasonable.
VOSA Chief Operating Officer, Alex Fiddes said:
“This is a very important result that sends out a clear message to those who attempt to abuse the MOT system. It shows the Courts’ and VOSA’s determination to bring to account people who put the lives of road users at risk.”
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VOSA (Vehicle and Operator Services Agency) is responsible for:
• Processing applications for licences to operate lorries and buses and registering bus services
• Operating and administering testing schemes for all vehicles, including the supervision of the MOT testing scheme
• Enforcing the law on vehicles to ensure that they comply with legal standards and regulations
• Enforcing drivers' hours and licensing requirements
• Supporting Traffic Commissioners to help them make informed decisions on operator
licensing, vocational drivers and bus registration requirements
• Providing training and advice for commercial operators
• Investigating vehicle accidents, defects and recalls.
For media enquiries about VOSA, please contact: Zita Easton on 0117 954 2561 or Luke Bigwood on 0117 954 3208. You can also e-mail press@vosa.gov.uk
Page last updated: 18/09/2008