Are Car Recalls Mandatory In The UK? What The Law Requires Of Manufacturers, Dealers, DVSA And Keepers
For manufacturers, yes: product safety law requires them to act on unsafe vehicles, and DVSA oversees car recalls under the Vehicle Safety Defects and Recalls Code of Practice.1 For keepers, no law forces you to book the repair, but you must keep your vehicle safe to drive, and using a dangerous vehicle is an offence.23
Are Car Recalls Mandatory?
For manufacturers, yes. For keepers, not directly.
Keepers must still keep the car roadworthy.
Do I Have To Get A Recall Done?
There is no specific legal duty to take your car in. However, if the defect makes the car dangerous, you can be prosecuted for using it, and ignoring a recall can affect insurance claims.23
Section 40A of the Road Traffic Act 1988 makes it an offence to use, or cause or permit the use of, a vehicle on a road when its condition involves a danger of injury to any person.3 GOV.UK says driving a vehicle in a dangerous condition can mean a fine of up to £2,500, a driving ban and 3 penalty points.2 A recall letter does not create that offence, but a stop-drive notice is strong evidence of a dangerous condition. See whether it is safe to drive with a recall and recalls and car insurance.
Who Is Responsible For What?
Manufacturers find and fix defects, DVSA oversees and enforces, dealers carry out the work and must not sell unfixed cars to consumers, and keepers must keep vehicles roadworthy.
| Role | Main duty | Legal or official basis |
|---|---|---|
| Manufacturer (producer) | Investigate defects, notify DVSA, trace keepers, fix cars free | General Product Safety Regulations and the Code of Practice14 |
| DVSA | Decide whether an issue is a safety defect, agree the fix, monitor progress, enforce product safety law | Code of Practice4; DVSA does not verify individual repairs5 |
| Franchised dealer | Carry out recall repairs for the manufacturer | Manufacturer's network6 |
| Any dealer selling to consumers | Fix safety recalls before selling | DVSA guidance7; Trading Standards prosecutions8 |
| Private seller | No duty to fix, but must not misdescribe the car | DVSA guidance7 |
| Keeper | Keep the vehicle roadworthy and follow stop-drive notices | Road Traffic Act 1988 s.40A3; GOV.UK2 |
| Employer with drivers | Keep work vehicles fit for purpose and in a safe condition | HSE guidance INDG3829 |
Our guide to buying a used car with an outstanding recall explains the dealer rules in more detail.
How Is A Recall Decided?
The manufacturer investigates reports, normally answers DVSA within 28 days, and notifies DVSA as soon as a safety defect is confirmed. DVSA decides whether the issue is a safety defect and agrees the fix.4
The Code of Practice defines a safety defect as a failure due to design or construction that is likely to affect safe operation and poses a significant risk.10 Once a recall is agreed, the manufacturer can use DVLA records to trace keepers, sends letters, and reports progress to DVSA every three months.411 The Code itself is guidance rather than law: its legal basis is mainly the General Product Safety Regulations.1 DVSA reviews progress with manufacturers regularly, and a recall is closed for reporting only when normally 90 % of vehicles believed to be in service have been fixed and the remaining risk is low. Even then, the recall stays in force.4 Our guide to what a car recall means walks through every step.
Imported Cars And Independent Importers
Personal imports are covered by UK recalls, independent importers take on the producer's duties, and vehicles exported from the UK fall outside the UK recall system.11
That rule closes a gap that would otherwise leave thousands of cars without anyone responsible. A business that imports cars to sell in the UK steps into the manufacturer's shoes for recall purposes: it must act on defects in the cars it brought in. A private individual who imports a car is still covered when a recall applies, but the UK arm of the manufacturer may not have their details, so letters may never arrive. Checking by VIN with the manufacturer is the safeguard. See where to find your VIN.
What Powers Does DVSA Have?
DVSA can enforce product safety law against manufacturers and sellers, investigate complaints and, through its Market Surveillance Unit, recall vehicles that break the rules. It does not check individual repairs or force compensation.512
The powers and limits to know are:
- Enforcement. DVSA enforces the General Product Safety Regulations for vehicles and parts.1
- Complaints. DVSA investigates complaints that a recall is not being run in line with the Code or the law.5
- Emissions. DVSA's Market Surveillance Unit investigates possible non-compliant emissions and will recall affected vehicles where necessary.13
- Not individual repairs. Verifying that each recall was completed correctly is the manufacturer's job.5
- Not compensation. DVSA has no powers to force companies to compensate.12
To report a defect or a recall that is not being handled properly, see reporting a vehicle safety defect to DVSA.
The Law For Dealers Selling Used Cars
DVSA says dealers must fix safety recalls before selling to consumers, and Trading Standards has prosecuted dealers for selling cars without disclosing recalls.78
The Chartered Trading Standards Institute says a car with a serious recall or stop-drive warning should not be sold in that state and that doing so may be an offence.14 In 2025 a Luton dealership and its director were fined a total of £16,763 after selling cars without telling buyers about unresolved recalls.8 Buyers also have rights under the Consumer Rights Act 2015, including a 30-day short-term right to reject.15
What's changing
Emissions Recalls And Future Rules
The government is considering a mandatory environmental recall regime under the Environment Act 2021. Today, DVSA's Market Surveillance Unit can already restrict or recall vehicles that break emissions rules.13
No mandatory environmental regime is in force. Emissions questions also run through the courts: in July 2026 the High Court found prohibited defeat devices in three of twenty sample vehicles in the diesel emissions group litigation, with further hearings due.16 See car recall compensation for what that means for claimants.
Frequently Asked Questions
Can I Refuse A Recall?
Yes, but you remain responsible for keeping the car roadworthy, and refusing can affect insurance and resale.2 See what to do if a dealer refuses to fix a recall for the opposite problem.
Is The Code Of Practice Law?
No. It is DVSA guidance. The legal basis for product safety is mainly the General Product Safety Regulations.1
Are Child Car Seats And Airbags Legally Required?
A child must use the correct child car seat until they are 12 years old or 135 cm tall, whichever comes first.17 The driver can be fined up to £500 if a child under 14 is not in the correct seat or wearing a seat belt.18 See child car seat recalls.
Data: DVSA vehicle recall data (Open Government Licence v3.0), updated 15 October 2026. Legislation from legislation.gov.uk. This page is general information, not legal advice.
Sources
- The Vehicle Safety Defects and Recalls Code of Practice was last updated 6 March 2024. It is not a legal interpretation; the legal basis for product safety is "primarily the General Product Safety Regulations (GPSR)" (para 1.2). gov.uk Checked 15 Oct 2026.
- GOV.UK: you are legally responsible for keeping your vehicle safe to drive. Ignoring a problem can affect insurance claims. Driving a vehicle in a dangerous condition can bring a fine of up to £2,500, a driving ban and 3 penalty points.
- Road Traffic Act 1988 s.40A: an offence to use, cause or permit use of a motor vehicle or trailer on a road when its condition (or accessories/equipment, purpose, passengers, load) "involves a danger of injury to any person". Inserted by RTA 1991 s.8(1), in force 1 July 1992. Endorsement code CU20 = 3 points (Stephensons/police guides). legislation.gov.uk Checked 15 Oct 2026.
- Code timelines: Producers normally respond to DVSA within 28 days (5.5); DVSA reviews are typically monthly (5.4). DVSA must be notified "as soon as the safety defect has been confirmed" (6.1). 3 notifications per motorist is seen as reasonable (8.3). Response rates are reported every three months (11.1).
- "DVSA does not have a responsibility for verifying that individual recalls are completed correctly, that is for the manufacturer. DVSA will investigate any complaint of recalls not being conducted in line with the code of practice or legislative requirements."
- Manufacturers direct owners to any of their authorised/franchised retailers for recall work, not only the selling dealer: Vauxhall: "contact your authorised repairer". BMW: "contact a BMW Approved Retailer". Audi: "contact your Audi Centre" or book online under warranty repair/recall. Volkswagen: "contact your local VW retailer". Renault/Dacia: "your retailer will replace the affected parts free of charge". audi.co.uk, bmw.co.uk, renault.co.uk, vauxhall.co.uk, volkswagen.co.uk Checked 15 Oct 2026.
- DVSA via Trading Standards (19 Feb 2018): "By law, car dealers, including online sellers, must fix safety recalls free of charge before selling cars to consumers. Private sellers aren't bound by the same rules." About 1 in 13 vehicles has an outstanding safety recall. In 2017, 87,700 of 1.14 million MOT-history recall enquiries found an outstanding recall. The recall check covered 92 % of cars and small vans. tradingstandards.uk
- Jan Autos, Luton (2025): the company and its director were convicted at trial in June 2025 of failing to tell buyers about unresolved manufacturer recalls. Trading Standards had warned the business in 2020; 7 vehicles were found with undisclosed recalls (Jan, Jul 2022). Company fined £14,000 + £190 surcharge + £1,363 costs; director £1,100 + £110 surcharge (total £16,763). am-online.com, luton.gov.uk
- HSE "Driving for work" (INDG382): employers' duty comes from the Health and Safety at Work etc. Act 1974 s.2 and the Management Regs 1999 reg 3 (risk assessment), and covers vehicles being "fit for purpose and in a safe condition", including grey fleet. Cite as HSE guidance INDG382 (hse.gov.uk/pubns/indg382.pdf).
- Code definitions: A safety defect is a failure due to design and/or construction that is likely to affect safe operation and pose a significant risk (§3, Annex B). "Safety Recall (Stop Drive)" applies where "there is an immediate threat to safety so the vehicle must not be driven". Non-safety recalls include emissions non-conformity (§14).
- Under the Code: Producers may use DVLA to locate registered keepers (8.6). Recall work should normally be done when the vehicle is seen at a dealer (8.5). Producers may supplement the dealer network (7.7). Independent importers take on producer duties; personal imports are covered; exports are not (12 to 13).
- DVSA quotes: "Yes, they are rare." (stop-drive) "The UK is considered low risk in the case of the Takata airbag defect" (linked to hot, humid climates). "The DVSA has no powers to force companies to compensate."
- DVSA's Market Surveillance Unit investigates possible non-compliant diesel emissions (defeat devices) and will "where necessary, recall affected vehicles". The government is considering a mandatory environmental recall regime under the Environment Act 2021; no regime is in force (answer 5 Jun 2025).
- Which? reports that selling a car with an outstanding recall is likely a GPSR 2005 breach (DVSA interpretation), including used cars. CTSI says a car with a serious recall or stop-drive warning should not be sold in that state and doing so may be an offence. which.co.uk
- Consumer Rights Act 2015 s.22(3): the short-term right to reject lasts until "the end of 30 days beginning with the first day after" ownership/possession has passed, the goods are delivered and any installation is done. The period pauses while a repair or replacement is awaited (s.22(6)). legislation.gov.uk
- Dieselgate (Pan-NOx group litigation): High Court judgment of 10 July 2026: of 20 representative vehicles from five manufacturers, prohibited defeat devices were found in one Mercedes and two Peugeot/Citroën models; none in the sampled Ford, Renault or Nissan cars. Claimants must prove an intentional/impermissible purpose. Quantum trial October 2026; appeals likely. am-online.com, judiciary.uk
- Child car seat law (GOV.UK): A child seat is required until 12 years old or 135 cm, whichever comes first. Height-based "i-Size" seats are R129 (rear-facing until over 15 months); weight-based seats are ECE R44. Only EU-approved seats can be used in the UK. Fixed penalty £60 + 3 points for not using the right restraint (as reported). gov.uk, which.co.uk
- Child seats (GOV.UK): The fine is up to £500 if a child under 14 isn't in the correct car seat or wearing a seat belt (the driver is responsible), replaces the unverified "£60 + 3 points". R129 seats must be rear-facing until over 15 months; only "E" + R129 or ECE R44 labels are allowed. "deactivate any front airbags before fitting a rear-facing baby seat in a front seat"; never in side-facing seats. gov.uk, gov.uk