JMW Solicitors’ experts offer legal advice for coach and bus operators – including employment rights
One of my vehicles has been issued with an ‘S’ marked prohibition notice at MoT. What do I need to do?
An ‘S’ marked prohibition notice issued at MoT must be taken seriously and acted on immediately.
The ‘S’ marking means DVSA believes there has been a significant failure in your maintenance systems. In other words, the issue found at test is considered symptomatic of wider shortcomings in how your vehicles are inspected, maintained or managed.
First and foremost, you will need to deal with the vehicle itself – it must not be used on the road until the defects listed on the prohibition notice have been rectified, the prohibition has been cleared, and it has a valid MoT.
However, fixing the vehicle alone is not enough. You should thoroughly investigate the prohibition to identify the root cause – in other words, why the vehicle was submitted for test with the defect(s) present.
This might involve training or disciplinary action for those involved in the preparation of the vehicle for test, but should also involve reviewing and amending the relevant systems to prevent repetition of the issue.
You should also treat the ‘S’ marked prohibition as a trigger to review and audit your entire compliance regime. Consider engaging external support.
If you have a weakness in one area of compliance, you may — and, in most cases, will — have a “blind spot” elsewhere.
Addressing these at this early stage puts you in a much stronger position if DVSA turns up to investigate either via a maintenance investigation or desk-based assessment. In my experience, after an ‘S’ marked prohibition notice, it usually will.
Fixing the vehicle alone is not enough. You should thoroughly investigate the prohibition.
You may also want to proactively share details of your investigation and wider systems review with DVSA and/or the Traffic Commissioner to try to prevent further intervention.
How you respond to an ‘S’ marked prohibition is key – being able to demonstrate prompt and effective corrective action, robust systems and processes and effective management oversight will be critical.
What employment rights law changes do coach and bus operators need to prepare for in 2026?
Big changes are coming to employment law this year, and they’ll have a direct impact on operators across the road transport sector.
From April, statutory sick pay will become payable from day one of absence, and the lower earnings threshold is being scrapped. That means more staff will qualify for support when they’re unwell.
Parental rights are also being strengthened: paternity and parental leave will become day-one entitlements, removing the current service requirements. Operators planning redundancies should be aware that consultation awards are doubling, marking a significant increase in potential costs.
From October, the government is tightening rules around “fire and rehire”. This practice will be deemed automatically unfair unless employers can demonstrate severe financial hardship and that no alternatives exist.
For operators who have relied on contractual changes to manage costs, this is a major shift.
Tribunal time limits are also expected to extend, giving employees longer to bring claims, and a new statutory duty to prevent sexual harassment will apply, including harassment by third parties, which is particularly relevant for drivers interacting with passengers.
Finally, protections for zero-hours and casual workers are being enhanced, meaning greater predictability in scheduling will be required. If you use agency drivers or flexible contracts, now is the time to review your rostering practices.
To prepare for the changes, operators should review contracts and policies to ensure they reflect the upcoming changes.
Train managers on new obligations around dismissal, redundancy, and harassment prevention.
If you rely on flexible or agency staff, audit your scheduling practices to avoid compliance risks. Acting early will help you stay ahead and avoid costly surprises later in the year.
[Answers by Laura Hadzik, Partner; and Devon-Lee Andriés, Senior Associate, JMW Solicitors]
