Operational partnerships - Commercial and vehicle rectifications scheme SOP (R01c)

1. Summary of changes

1.1 The following changes have been made to this standard operating procedure (SOP) in March 2022:

• paragraph 3.1 has been updated
• paragraph 3.6.7 has been updated

2. What this procedure is about

2.1 This procedure aims to: 

• outline when the Vehicle Defect Rectification Scheme (VDRS) or the Commercial Vehicle Defect Rectification Scheme (CVDRS) should be used
• outline the procedures regarding VDRS and CVDRS

2.2. Kent Police will, where appropriate, promote the use of the VDRS and the CVDRS as an alternative to prosecution. The scheme is designed to give owners and drivers the opportunity to make their vehicles roadworthy, thereby improving safety for all road users.

Compliance with this procedure and any governing policy is mandatory.

3. Detail the procedure

3.1. When defects are detected the reporting officer must, if it has been decided not to offer advice or caution, report the driver. If it is considered that the issue of a vehicle defect form (VDF) or form 1416, is likely to be the most effective method of dealing with the situation, the officer may then issue the VDF or form 1416. The issuing officer will explain to the driver that a prosecution may be avoided by complying with the requirements of the scheme set out on the form. Whichever of the schemes is appropriate, the driver must be offered the opportunity to participate in the scheme and be fully in agreement to do so.

3.2. Where the driver of the vehicle is not the owner, then full details of the owner must be obtained at the time.

3.3. Where an officer believes that a vehicle is in such a condition that its continued use would create a significant danger to the driver/occupants of the vehicle and/or other road users, the scheme should not be used and the officer should consider prohibiting the movement of the vehicle by calling a PG9 officer to evaluate.

3.4. VDRS:

• the scheme applies only to private motor cars, goods vehicles not exceeding 1525 kgs and motorcycles. It does not apply to large passenger carrying vehicles (i.e. PCV)
• part of the form ‘important notice to drivers’ should be drawn to the driver’s attention when issuing
• it should be pointed out that issue of the VDF does not authorise continued use of the vehicle in a defective state during the 14-day period for receiving notification of rectification
• acceptance of the VDF does not exempt a driver from proceedings if stopped again by an officer of Kent Police or any other force
• any charge made by the garage to certify the rectification is a matter between the driver and the garage and forms no part of the police aspect of the scheme and, by entering into the scheme they are not entering into any form of contract with Kent Police
• there is no requirement for the rectification work to be carried out by a garage but an authorised vehicle tester at an approved MOT garage is the only person who can validate the certificate on the VDF that the rectification has been completed
• officers must not recommend garages for the checking, rectification or certification of any defects when issuing a VDF
• if the officer is satisfied that the vehicle will be leaving England or Wales within the next 48 hours, the 14 day period for notification of the rectification can be extended by the officer to 21 days

3.4.1. Juvenile motorists are included in the scheme. Ensure the juvenile is reported for the offence in the presence of an appropriate adult. The scheme should be explained to the juvenile and appropriate adult. Both the juvenile and appropriate adult should be in full agreement to the juvenile participating in the scheme.

3.4.2. If in agreement, both the juvenile and the appropriate adult will sign the necessary form.

3.5. Administration - Vehicle Defect Rectification Scheme 

3.5.1. On issuing a VDF, the station copy (yellow) will be forwarded by divisions to the central ticket office where it will be collated.

3.5.2. If a duly certified VDF or evidence of disposal by scrapping is received within 14 days, no further action will be taken.

3.5.3. If after 14 days, notification of defect rectification or of the vehicle having been scrapped has not been received the station copy (yellow) will be sent to the issuing officer for consideration of preparation for process. In the preparation of case files there should be no mention of whether or not the scheme was offered or accepted in the evidence but the fact should be disclosed to the prosecutor.

3.6. CVDRS

3.6.1. The scheme applies only to goods vehicles where the gross vehicle weight (GVW) exceeds 3500 Kgs (if no ‘plate’ is displayed, it will apply to goods vehicles whose unladen weight exceeds 1525 Kgs), and large passenger carrying vehicles (exceeding eight passenger seats). This does not have to be a public service vehicle (PSV). The scheme may also be applied to any trailer, including living vans and vehicles not subject to plating and testing. Hackney carriages and private hire vehicles can be included within the CVDRS scheme for minor offences. If offences are discovered that would make the Hackney carriage/private hire vehicle unroadworthy then the suspension of the driver's Hackney/private hire licence should be considered. Form 1416 is self-copying. The top copy (green) will be retained by the issuing officer. The second copy (yellow) will be issued to the driver. The third copy (blue) will be sent by post to the operator (if different from the driver) and the pink copy will be forwarded to the relevant traffic commissioner if the vehicle is subject to operators licensing.

3.6.2. The rear of form 1416 ‘To comply with this notice’, should be drawn to the driver’s attention when issuing; in addition it should be pointed out that issue of the 1416 does not authorise continued use of the vehicle in a defective state during the 14-day period; acceptance of the CVDF does not exempt a driver from proceedings if stopped again by an officer of Kent Police or any other force; any charge made to rectify any defect is a matter for the driver/owner/operator and forms no part of the police aspect of the scheme and by entering into the scheme they are not entering into any form of contract with Kent Police; there is no requirement for any defect to be rectified to be carried out by a garage. Officers must not recommend any facilities for the checking, rectification or certification of any defects when issuing a 1416.

3.6.3. If the officer is satisfied that the vehicle will be leaving England or Wales within the next 48 hours, the 14 day period for notification of the rectification can be extended by the officer to 21 days. To avoid prosecution the yellow/blue copies of the form 1416 must be received from the driver/owner/operator within 14 days of issue, duly certified.

3.6.4. To avoid prosecution the top blue copy of form 1800 (combined) Rev. 05.10 must be received from the driver within 14 days of issue, duly certified.

3.6.5. With both the VDRS and CVDRS scheme if the vehicle is scrapped, documentary evidence of its disposal (i.e. scrap dealers invoice) must be sent to the address shown on the reverse of the form within 14 days of issue.

3.6.6. The onus of proof of rectification or scrapping lies with the driver or owner. This does not remove from the driver or owner their obligation by law to notify the Driver and Vehicle Licensing Agency (DVLA) of disposal of the vehicle.

3.6.7. Officers will retain records of issued form 1416 locally.

3.7. Administration - Commercial Vehicle Defect Rectification Scheme 

3.7.1. The CVDRS administration officer, on receipt of the photocopy of the form 1416, will complete and send a standard format letter to the owner/operator informing them of the issue of the notice.

3.7.2. If a duly certified defect report form or evidence of disposal by scrapping is received by the CVDRS administrator officer within 14 days of the date of issue, the issuing officer will be informed and no further action will be taken.

3.7.3. If after 14 days from the date of issue a notification of defect rectification or of the vehicle having been scrapped has not been received, then the photocopy of the form 1416 will be returned to the issuing officer by the CVDRS administrator for the consideration of preparation for process. In the preparation of case files there should be no mention of whether or not the scheme was offered or accepted in the evidence but the fact should be disclosed to the prosecutor.

3.7.4. If there is a dispute as to whether the matter in question is an offence or not, it will be reviewed by the CVDRS administrator with the driver/owner and advise the reporting officer accordingly. If the CVDRS administrator is of the opinion that an offence has been committed they should advise the driver/owner of their reasons. If the defect is then not rectified, the procedures as set out previously should be followed (case file prepared).

4. Equality Impact Assessment (EIA)

4.1. An EIA has been carried out and shows the proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment 

5.1. This SOP has been assessed as low risk.

6. Consultation

6.1. Took place in 2013 with representation from constable to chief inspector rank.

6.2. Corporate consultation took place in 2014 with representation from

• Human Resources
• Finance
• IT Security
• Health and Safety
• Freedom of Information
• Legal

7. Monitoring and review

7.1. Ownership for the review of this procedure will be with the RPU Inspector. The SOP will be reviewed every two years with the next review taking place in March 2024.

8. Other Source Documents

• R02 - Traffic enforcement

9. Security

9.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

10. Retention and disposal of records

10.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.