Daily vehicle checks and defect reporting for self-employed drivers: what the law expects and how to run it

Short answer. DVSA says to carry out a walkaround check of a van before your journey, and drivers driving for a business with an operator licence should record and report defects. Whoever owns or supplies the van, it must be safe to use. Make the check a condition of using the vehicle, record every defect, and fix dangerous defects before it moves.

Operational guidance, not legal advice. Couriers are one example; the same checks apply to field-service, cleaning and facilities teams who drive vans for work. Checked against GOV.UK, DVSA, legislation.gov.uk and HSE pages on 21 October 2026.

• What does the law say about daily vehicle checks?
• Who is responsible when the driver is self-employed?
• How do you set the check up without directing the work?
• What should a defect report contain?
• What happens after a defect is reported?
• How long should you keep defect records?
• Where do operators usually slip up?
• How Zerity helps
• Common questions
  • Is a daily vehicle check a legal requirement for vans?
  • Who is responsible for vehicle checks when the driver is self-employed?
  • What should a driver defect report include?
  • How long should defect reports be kept?
  • Can a van be used with a defect?
• Sources

What does the law say about daily vehicle checks?

DVSA's guidance to carry out van daily walkaround checks opens: "You're responsible for making sure your van is safe to drive. Carry out a walkaround check of the van before your journey to make sure it's safe." It adds that you "should record and report any defects you find during the walkaround check if you're driving for a business that has an operator licence".

The check helps you avoid the offence in section 40A of the Road Traffic Act 1988: it is an offence if a person "uses, or causes or permits another to use, a motor vehicle or trailer on a road" when its condition, or its load and how it is secured, means its use "involves a danger of injury to any person". DVSA's page warns that if a van is dangerous, "DVSA can stop you from using it until the problem is fixed", and that you can get "an unlimited fine and a prison sentence for using a van in a dangerous condition".

Whether operator licensing applies depends on your vehicles and work. In Great Britain, vans of 3.5 tonnes or less (including any trailer) used only for journeys within the UK do not need an operator licence, but vans over 2.5 tonnes carrying goods for hire or reward on international journeys do; see our guide to the operator licence for vans over 2.5 tonnes. Where it does, GOV.UK's guide to maintaining your vehicles says "You must make sure your drivers carry out a 'walkaround check' before driving a vehicle for the first time each day."

Who is responsible when the driver is self-employed?

Responsibility follows the vehicle and its use, not a job title. DVSA's roadworthiness guide is written mainly for operator licence holders, but says its "general principles could equally apply to light goods and passenger vehicles below the operator licensing thresholds".

• The checks sit with the driver as well as you. DVSA's Guide to maintaining roadworthiness says "The driver is always legally responsible for the condition of the vehicle while in use", and "Operators, as well as drivers, are responsible for the condition of their vehicles."
• "User" can mean more than the driver. The same guide says "It is an offence to use an unroadworthy vehicle on the road. The term 'user' of a vehicle applies to the driver and the person paying the driver to act for them", and the vehicle "may either belong to the user or be in their possession under any agreement for hire, hire purchase, loan or lease". Who counts as the user depends on who owns or hires the van and on the facts of the arrangement, so this does not on its own make you the user or say anything about anyone's employment status. Section 40A also covers anyone who "causes or permits" another person to use a dangerous vehicle.
• Health and safety law covers self-employed people too. HSE's guidance for employers on driving for work says it applies to employees and to self-employed people engaged to work for you, and that "The law applies to both company and grey fleet vehicles." HSE describes a grey fleet vehicle as one "owned and driven by a worker for business purposes".

In practice that gives two set-ups:

• Operator-supplied vans. You choose, maintain and repair the vehicle. HSE says to make sure "workers carry out and record daily vehicle checks and take any actions needed", that "you have procedures for reporting defects" and that "defects are remedied promptly" (HSE: safe vehicles). HSE's guidance on the Provision and Use of Work Equipment Regulations 1998 (PUWER) says work vehicles "which are not privately owned fall within the scope of PUWER", but on public roads "the more specific road traffic legislation takes precedence" (HSE L22, paragraph 21).
• Owner-driver vans. The person maintains their own vehicle. HSE says "Make sure that privately owned vehicles used for work purposes are safe. Workers must do checks on their vehicles, have them serviced and have insurance and a valid MOT."

How do you set the check up without directing the work?

Treat the walkaround as a safety condition of using the vehicle on your work, in the same bracket as insurance and a valid MOT, not as instruction on how someone does their job.

• Put it in the written agreement: no completed check, no use of the vehicle on your work that day.
• Point to the DVSA checklist rather than writing your own method. DVSA lists 19 areas, from mirrors and cameras to tyres, load and "other equipment" such as a tail lift; our DVSA walkaround rules page sets them out.
• Agree how defects are reported and who decides whether the vehicle can be used.
• Leave routes, timing and how the day is organised to the person.

How you word these terms can bear on the wider relationship. Employment status is fact-specific; read GOV.UK's employment status guidance and use HMRC's Check Employment Status for Tax (CEST) tool for the tax position; GOV.UK notes that a person "may have a different employment status in tax law".

What should a defect report contain?

The roadworthiness guide says any defect found "during the daily walkaround check, while the vehicle is in use or on its return to base, must be the subject of a written report". The details "should include":

• vehicle registration or identification mark;
• date;
• details of the defects or symptoms;
• the reporter's name;
• who the defect was reported to;
• assessment of the defect;
• rectification work, and the date it was completed.

It adds that "Where practicable the system should incorporate 'nil' reporting" and that "electronic records of reported defects are acceptable". DVSA's van page also says to "Record 'nil' defects if you do not find any", and that "DVSA can ask for a record of your walkaround check at a roadside check".

What happens after a defect is reported?

This is the loop most operators lose: check, defect, decision, repair, clear.

1. Report at once. The guide says drivers "must report any defects, or symptoms of defects, that could prevent the safe operation of the vehicles", including faults that develop during the day, such as "warning lights, vibrations or other symptoms".
2. Decide with authority. "All drivers' defect reports must be given to a responsible person with sufficient authority to ensure that any appropriate action is taken. This might include taking the vehicle out of service."
3. Stop for dangerous defects. DVSA's van page says "You must get dangerous defects fixed before you continue your journey." The roadworthiness guide says the defect reporting system "must include how they were rectified before the vehicle is used".
4. Repair and record. Note the repairer, the work and the date. For owner-driver vans, agree that the person sends you evidence of the repair before using the van on your work again.
5. Clear and close. Record who confirmed the vehicle is safe to use.
6. Review patterns. The guide says operators "should make an assessment of the likelihood of damage or defects being incurred during the day and introduce additional checks where required".

A defect is not the same as damage. Dents and scrapes from a collision go through vehicle damage reporting; an injury goes through incident reporting. Servicing, MOTs and safety inspections sit in the maintenance file.

How long should you keep defect records?

Under operator licensing, GOV.UK says "You'll have to keep records of all safety inspections and maintenance that you or your maintenance contractor do for a minimum of 15 months", and the roadworthiness guide says "Drivers' defect reports used to record any faults and rectification work must be kept for at least 15 months". Operator licences also carry an undertaking that "Records are kept (for 15 months) of all driver defect reports, all safety inspections, routine maintenance and repairs to vehicles and trailers". As good practice, it recommends keeping 'nil' defect reports "for at least 3 months". For a licensed owner-driver with no one to report defects to, it says defects and remedial action "can simply be recorded and held for at least 15 months".

For van fleets generally, DVSA's Running a fleet of vans says "You should keep records of the following for at least 15 months as part of an effective maintenance system: defects, maintenance, repairs, servicing". Our record-keeping guide shows where these sit in the audit file.

Where do operators usually slip up?

• Checks done at the end of the shift. The point is a check before the journey.
• No 'nil' record. Without it, you cannot show a check took place.
• Defects reported to nobody in particular. Every report needs someone with authority to act.
• Repairs never closed. A defect left open has no evidence it was put right.
• Owner-driver vans left out. HSE expects privately owned vehicles used for work to be safe too.
• Damage and defects mixed up. They need different follow-up; see fleet compliance for the wider vehicle file.

How Zerity helps

Zerity is one operating system for compliance and operations across your self-employed workforce. On the vehicle side:

• Drivers complete walkaround checks on their phone before every shift, and defects reach you before the van leaves. See vehicle inspection software and fleet management.
• During a walkaround check in the driver app, drivers can mark damage and add photos against the vehicle.
• Each walkaround records the date, the vehicle, the driver and a pass or fail for each item, and can include comments, photos and a signature.
• A failed item is raised as a defect against the vehicle with a severity, and you can open a work order from the defect.
• A vehicle and equipment register holds MOT, tax and insurance expiry, with an optional QR label. See asset management.
• Drivers can report an incident or near miss from the driver app, with the date, time, place and photos. See health and safety.
• Drivers are tagged by depot and network, and one account covers every site you run.
• Every licence and policy expiry date is tracked in one place.

Zerity is not GPS telematics, not dispatch, and not a workshop system. Deciding whether a vehicle is safe to use stays with you and the driver, and Zerity does not decide anyone's employment status. Zerity is free for operators.

Book a demo to walk through a check, a defect and a repair on your own vehicles.

Common questions

Is a daily vehicle check a legal requirement for vans?

DVSA says you're responsible for making sure your van is safe to drive and to carry out a walkaround check before your journey. Using a vehicle whose condition involves a danger of injury is an offence under section 40A of the Road Traffic Act 1988. Operator licence holders must make sure drivers do a walkaround check before first use each day; most vans of 3.5 tonnes or less used only within the UK do not need an operator licence.

Who is responsible for vehicle checks when the driver is self-employed?

Both sides can be. DVSA's guidance says the driver is always legally responsible for the vehicle's condition while in use, and operators as well as drivers are responsible. HSE's driving-for-work guidance applies to self-employed people engaged to work for you, and to company and privately owned vehicles.

What should a driver defect report include?

The vehicle registration, the date, details of the defects or symptoms, the reporter's name, who it was reported to, an assessment of the defect, the rectification work and the date it was completed. DVSA also says to record 'nil' defects if none are found.

How long should defect reports be kept?

Under operator licensing, drivers' defect reports and repair records must be kept for at least 15 months. DVSA's guidance for van fleets says you should keep defect, maintenance, repair and servicing records for at least 15 months.

Can a van be used with a defect?

Not with a dangerous defect. DVSA's van guidance says you must get dangerous defects fixed before you continue your journey, and using a vehicle whose condition involves a danger of injury is an offence under section 40A of the Road Traffic Act 1988.

Sources

• DVSA, Carry out van daily walkaround checks: https://www.gov.uk/guidance/carry-out-van-daily-walkaround-checks
• DVSA, Guide to maintaining roadworthiness: https://www.gov.uk/government/publications/guide-to-maintaining-roadworthiness/guide-to-maintaining-roadworthiness-commercial-goods-and-passenger-carrying-vehicles
• GOV.UK, Being a goods vehicle operator: maintaining your vehicles: https://www.gov.uk/being-a-goods-vehicle-operator/maintaining-your-vehicles
• DVSA, Running a fleet of vans: https://www.gov.uk/government/publications/running-a-fleet-of-vans/running-a-fleet-of-vans
• Road Traffic Act 1988, section 40A: https://www.legislation.gov.uk/ukpga/1988/52/section/40A
• HSE, Employers: driving and riding safely for work: https://www.hse.gov.uk/roadsafety/employer/index.htm
• HSE, Make sure vehicles used to drive or ride for work are safe: https://www.hse.gov.uk/roadsafety/employer/maintain-vehicles.htm
• HSE, Safe use of work equipment (L22), paragraph 21: https://www.hse.gov.uk/pubns/books/l22.htm
• Goods Vehicles (Licensing of Operators) Act 1995, Schedule 1: https://www.legislation.gov.uk/ukpga/1995/23/schedule/1
• GOV.UK, Employment status: https://www.gov.uk/employment-status
• GOV.UK, Check employment status for tax: https://www.gov.uk/guidance/check-employment-status-for-tax