Updated October 2026. This post originally described how to defer a “VOSA roadside check” under the Road Traffic Act 1988. VOSA became DVSA (the Driver and Vehicle Standards Agency) back in 2014, and the deferral right is narrower than the original post suggested – so here is the accurate position.
What you can defer: the roadworthiness test
Under section 67 of the Road Traffic Act 1988 an authorised examiner can stop and test a vehicle at the roadside to check that its brakes, steering, lights and general condition meet the legal requirements. The driver can elect to have that test deferred to a time and place fixed under Schedule 2 of the Act: the test takes place within the next 30 days, during a 7-day period specified for the purpose (where the driver is not the owner, the owner chooses the period and the premises), and not earlier than 2 days after the deferral is arranged.
There are two important exceptions. If the vehicle has apparently been involved in an accident, or the examiner considers it so defective that it should not continue on the road, the test happens there and then – no deferral.
What you cannot defer: drivers’ hours, tachograph and licence checks
The deferral right in section 67 applies only to the roadworthiness test. If a DVSA examiner stops you to check your drivers’ hours records, tachograph data, driver card or licences, those checks happen at the roadside – there is no legal mechanism to defer them. Since 2018 DVSA has also been able to issue on-the-spot fines for drivers’ hours offences committed in the previous 28 days, covering up to five offences in a single check.
What this means in practice
Keep your records in order at all times: you must be able to produce the current day plus the previous 28 calendar days of records (56 days if you are on an international journey to or from the EU), along with your driver card and licence. If your vehicle is well maintained and your records are right, a roadside stop is an inconvenience rather than a risk.
If you have any questions about roadside checks or staying compliant, call us on (0191) 491 5032 or send a message via the contact form.