Vehicle Recalls: The Hidden Liability in Your Fleet?

Written by Zed Aziz CMILT

For many fleet operators, a vehicle recall notice is often seen as just another piece of admin—an annoyance to be scheduled "when we have time." But in the eyes of the law, the DVSA, and the Traffic Commissioner, that letter is a ticking clock.

Ignoring a known safety defect doesn’t just risk a breakdown; it risks your Operator Licence, your insurance coverage, and potentially, your freedom if a serious accident occurs.

This is your definitive guide to where you stand legally, who is responsible, and how to prove to an auditor that you are in control.

The Law: Who is Responsible?

The legal framework for vehicle recalls in the UK is primarily governed by the General Product Safety Regulations 2005 and the Road Vehicles (Construction & Use) Regulations 1986.

• The Manufacturer: Their legal duty is to identify safety defects, notify the DVSA, and contact registered keepers (using DVLA data) to offer a free remedy. Once they have issued the notice, they have largely discharged their initial duty of care.
• The Dealer: Under the Consumer Rights Act, it is illegal for a dealership to sell a vehicle with an outstanding safety recall to a consumer. They must rectify it before the sale.
• The Independent Mechanic: This is a common grey area. Unlike main dealers, independent garages are not legally obligated to check for recalls during a routine service unless you have specifically contracted them to do so. If you assume your local garage is checking this for you, you are likely exposing yourself to risk.
• The Operator (You): The ultimate responsibility lies with you. Under your Operator Licence undertakings, you are legally required to ensure your vehicles are roadworthy. If a manufacturer issues a recall and you fail to act on it, you are knowingly operating a vehicle with a safety defect.

Liability: If the Worst Happens

The most common question we get is: "Where do we stand if an accident happens after a recall is issued but before we’ve fixed it?"

The answer depends on the category of the recall and your response time.

1. "Stop Drive" Notices

In rare cases (like the recent Citroën/DS airbag issues), a manufacturer will issue a "Stop Drive" notice. If you continue to operate this vehicle, you are committing a criminal offence. If an accident occurs, you would likely face charges for Dangerous Driving or Corporate Manslaughter, and your defence of "we were too busy" will not stand up in court.

2. Standard Safety Recalls

Most recalls advise you to contact a dealer to arrange repairs. If you ignore this for months and a fault causes a crash, you can be found negligent.

• Insurance: Your insurer may void your policy for the claim. Almost all commercial policies have a clause requiring the vehicle to be kept in a "roadworthy condition." Operating a vehicle with a known, unfixed safety fault breaches this condition.
• Civil Liability: You would be personally and corporately liable for damages, injuries, or deaths caused by the defect.

The Regulatory View: DVSA & Traffic Commissioners

As consultants, we see where operators get it wrong. The Traffic Commissioners (TC) take a dim view of recall management failures.

DVSA Guidelines

The DVSA’s Guide to Maintaining Roadworthiness (the "Bible" for transport managers) states that operators must have a system to ensure recalls are identified and rectified. It is not enough to rely on the post (letters get lost) or your driver. You must proactively check.

Best Practice: Frequency and Audit Proof

How do you prove to a DVSA examiner or an auditor that you are compliant?

1. Frequency of Checks

While there is no hard legal rule saying "every week," the accepted best practice for checking recalls is at least quarterly, though monthly is the gold standard.

Why monthly? The DVSA and SMMT recall datasets are updated monthly. If you only check once a year, you could be running a dangerous vehicle for 11 months.

2. Audit Evidence

An auditor needs to see a "Clean Audit Trail." A verbal "we check it" is not evidence.

• Inadequate Proof: A pile of recall letters in a drawer.
• Adequate Proof: A spreadsheet log showing dates checked.
• Gold Standard Proof: A timestamped report for every vehicle (even those with no recalls) filed with your inspection sheets, or a digital system that logs "No Recalls Found" against the VIN.