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Vosa ATF action might not comply with contract'

17th October 2013
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Page 3, 17th October 2013 — Vosa ATF action might not comply with contract'
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Which of the following most accurately describes the problem?

By Robin Meczes

VOSA'S PLANS to clamp down on operators of authorised testing facilities (ATFs) over examiner utilisation and payment of fees may not be fully within scope of its contract with them, two leading road transport solicitors have suggested.

In June, Vosa announced proposals to cancel the provision of examiners for testing periods where ATFs did not meet expected levels of examiner utilisation or cancelled test periods with too little notice (CM27 June). It also said it would start cancelling a full month's testing

at ATFs that did not fund their accounts in time to satisfy drawdowns by Vosa more than twice in any month, and indicated it would consider terminating contracts with ATF operators in more severe cases.

Legal advice obtained at the time by the ATF Operators Association led it to suggest Vosa's clampdown was not within the bounds of the ATF contract, as it was a material change that should have been consulted on — a view consistently rejected by the agency. But two leading transport solicitors approached by CM have also called the legitimacy

of the agency's proposals into question.

Andrew Leach, partner in the transport sector group at law firm DWF, said that while Vosa may be entitled to adopt the majority of the measures outlined under the current contract, not all the measures set out appear to be provided for within the contract or booking policy.

Leach pointed out, however, that the measures set out in June had arguable benefits for ATFs in potentially helping Vosa increase the level of service it provided to them. Rothera Dowson solicitor Lewis Hastie said: "The

crackdown measures are not covered by the contract — the contract is quite specific in terms of what consequences there are for not adhering to the fair usage policy, and these new proposals appear more punitive."

Vosa declined to comment on the solicitors' observations, but a spokeswoman for the agency told CM there was no change to its view that its proposals were within the limits of the ATF contract. "The line is as it is — we don't really have anything else to add," she said.

• See CM next week (24 October) for an investigation into the ATF contract.


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