The Direct Vision Standard (DVS) and HGV Safety Permit Scheme are part of the Mayor of London’s Vision Zero plan aimed at eliminating all serious injuries and deaths on the capital’s transport network by 2041. Non-compliance with DVS regulations can result in enforcement and penalties.
This article explores the enforcement mechanisms in place, detailing how authorities monitor compliance and what triggers an investigation. We also take an in-depth look at the penalties associated with violations, including fines and operational restrictions. By understanding these aspects, you can better navigate the regulatory landscape and take proactive steps to avoid costly penalties.
DVS 2024 at a Glance
First introduced in 2019, DVS regulations have been updated. DVS 2024 will come into effect on 28 October this year.
The DVS measures how much the drivers of heavy goods vehicles over 12 tonnes can see directly through their cab windows. This measurement is expressed as a star rating from zero (poor with blind spots) to five (excellent with almost no blind spots). The star rating indicates the level of risk the vehicle poses to vulnerable road users such as pedestrians and cyclists.
From 28 October 2024, HGVs over 12 tonnes must have at least a three-star rating or fit a Progressive Safe System to operate in, travel into, or travel through Greater London. Previously, HGVs required at least a one-star rating to qualify for an HGV Safety Permit. However, all permits issued to vehicles with either a one- or two-star rating will expire at midnight on 27 October 2024. The owners of those vehicles will need to ensure that their vehicles are compliant with DVS 2024 and are upgraded to at least a three-star rating before reapplying for a permit.
Not complying with DVS regulations has serious consequences. You could receive a Penalty Charge Notice (PCN), and the original penalty amount may increase significantly over time.
DVS Enforcement and Penalties
Take a closer look at DVS enforcement and penalties.
DVS Enforcement
Transport for London (TfL) will continue to enforce DVS regulations with its Automatic Number Plate Recognition (ANPR) camera network in Greater London. These cameras capture an alpha-numeric ‘read’ of vehicle registration marks (VRM), and they capture still photographic images of vehicles. TfL’s ANRP camera network is also used to enforce the Congestion Charge, Low Emission Zone, and Ultra Low Emission Zone.
When an ANPR camera reads an HGV’s VRM, TfL’s IT system compares the VRM with the transport authority’s database and checks whether the vehicle has a valid HGV safety permit or is fully exempt from the scheme.
If your vehicle has a permit or is exempt, TfL’s system will delete the images of your vehicle automatically. However, if your vehicle does not comply with DVS regulations by not having a permit when it should, the system will retain your vehicle data to enforce the regulations by imposing a penalty on you.
DVS State Penalties Enforcement
If you drive your heavy vehicle into or through Greater London or operate in Greater London without a DVS 2024 permit, you might find yourself on the receiving end of state penalties enforcement by TfL.
Penalty Charge Notice
Penalties for non-compliance begin with you being served a Penalty Charge Notice (PCN). If you receive a PCN for non-compliance, you have 28 days in which to pay the PCN or challenge it.
Currently, the PCN is £550, although this amount is expected to increase when the updated DVS regulations come into effect. If you pay within 14 days of being served the PCN, the charge will be reduced by 50% to only £275.
Charge Certificate
If you do not pay the PCN or make a representation to challenge the notice within 28 calendar days of having been served, the amount you must pay will increase by 50% to £825. Additionally, TfL will send a Charge Certificate to the vehicle’s registered keeper. You have 14 days from the date of being served the charge certificate to pay it.
It’s important to note that if TfL issues you with a Charge Certificate, you no longer have the option of making a representation to challenge the PCN you received for not having an HGV safety permit. However, you can make a Statutory Declaration if you did not receive the original PCN or you have not received a reply after making a representation to challenge the notice.
Order for Recovery
According to DVS regulations, if you do not pay the penalty charge within 14 days of being served a Charge Certificate, TfL may apply to register it as an unpaid debt at the Traffic Enforcement Centre. You will incur a debt registration fee for each PCN that TfL registers at the centre. If TfL successfully registers the Charge Certificate as an unpaid debt, you will be sent an Order for Recovery, which sees the penalty charge increase by the amount of the debt registration fee. The Order for Recover is neither a County Court Judgement nor will it affect your credit rating. You have 21 calendar days from the date of being served the order to pay it.
Enforcement Agents (Bailiffs)
If you do not pay the PCN within 21 days of having been served an Order for Recovery, TfL will request a warrant of execution. If the transport authority receives the warrant, they will pass it on to a County Court-certified enforcement agent or bailiff to recover the money you owe for driving an HGV that did not comply with DVS regulations in Greater London.
You will not receive a copy of the warrant. However, you can request a copy of the warrant from the enforcement agent. First, the agent will write to you. They also may visit you or take other actions. The law allows the agent to charge fees for every letter, visit, and action taken against you. You could run up hundreds of pounds in fees if you ignore the agent.
You must provide evidence to the agent if you believe the initial PCN was issued incorrectly. The agent will let you know if there is anything you can do. However, in most cases, if DVS regulation enforcement has reached this stage, you will have little option but to pay the agent.
If your vehicle is registered in Europe rather than the UK, TfL will recover unpaid penalties with the assistance of a dedicated European debt recovery agency.
How to Comply with DVS 2024
HGV manufacturing industry regulations do not require manufacturers to ensure their vehicles comply with DVS 2024, which is why the star rating system exists. If your fleet’s HGVs have zero, one, or two-star ratings, you will need to prepare them by installing the technologies required by DVS regulations to qualify for a HGV safety permit before having your vehicles’ rating reevaluated.
The required technologies include:
– A Camera Monitoring System (CMS) to eliminate the blind spot on the vehicle’s near side.
– An audible vehicle maneuvering warning to alert road users when the vehicle turns left (right, if the vehicle is left-hand drive).
– A Blind Spot Information System (BSIS) to warn drivers about potential collisions with vulnerable road users, especially when the vehicle is turning left.
– A Moving Off Information System (MOIS) to detect the presence of vulnerable road users in front of the vehicle when it moves off from rest and alerts the driver.
Your fleet’s HGVs also require external warning signage and, if practical, side under-run protection on both sides. They might also require Class V and VI mirrors on the front and nearside.
Get Your Fleet Compliant with Crystal Ball
Turn to Crystal Ball to ensure that your fleet complies with DVS 2024. Our accurate and reliable solutions for enhancing safety include:
– DVS blind spot cameras with in-cab monitors close to a window edge or existing mirror.
– A sensor system offering coverage of up to six metres down the nearside or one metre from the vehicle’s rear, whichever is smaller, to alert the driver to pedestrians or cyclists who are close to the vehicle.
– An audible warning system that uses a combination of real speech and white noise at a volume between 65 and 88 decibels/dB(A) to warn vulnerable road users whenever the vehicle turns left.
TfL is serious about DVS enforcement and penalties. With Crystal Ball, you can enhance the safety of your fleet’s drivers and vulnerable road users and ensure DVS 2024 compliance. Get in touch to find out more today.