The preferred method of immobilisation is a steel cable with padlock, rather than a traditional clamping device.

The powers can only take effect when an Immediate Prohibition has been issued for drivers hours breaches, roadworthiness issues, overloading or non-payment of a financial deposit when required.

VOSA’s policy is not to immobilise every vehicle which has an Immediate Prohibition.  VOSA staff always have a discretion which should be exercised appropriately, and hopefully with common sense.

The main criteria to be taken into account by a VOSA Inspector are where the use of the vehicle would be a danger to road safety and, crucially, where effective repairs or other remedies cannot take place within a reasonable period of time.  A reasonable period of time is assumed to be about an hour but VOSA should use reasonable discretion where, for example, the mechanic coming out to do a repair might take slightly longer than an hour to arrive at the site.

At a public inquiry where we represented an Operator in the North West Traffic Area recently, a VOSA Inspector had installed an immobilisation device after about an hour even though he knew a recovery vehicle was on route and expected any minute.  As a result of this the Deputy Traffic Commissioner recommended that VOSA review their policy to consider greater flexibility in these circumstances.  In our view, the power potentially becomes oppressive if common sense and flexibility is not applied.

Once an immobilisation device has been fitted, it will stay on until the Immediate Prohibition has been removed.  There is also a fee, currently £80, which must be paid upfront, for removal of the immobilisation device.

It is a criminal offence to remove or interfere with the immobilisation device or to give a false statement to try and get it removed.

Our advice is that whenever an Immediate Prohibition has been issued, an Operator should take urgent steps to do the repairs or whatever else is required to have the prohibition removed.   Keep the VOSA inspector fully informed about the steps you are taking and give him regular updates to persuade him that applying an immobiliser is unnecessary.

Where you feel aggrieved about an immobilisation device being used, there is a right of appeal and any complaints will be reviewed and carefully considered by a senior VOSA official.