1 Why does my employer need to check my driving licence?

Your employer has a Duty of Care under the Health & Safety Act to ensure you are entitled to drive the vehicle they have issued. It is an offence for your company to allow you to drive a vehicle whilst unlicensed to do so. It may be a requirement of your company to check the driving licence of each person employed at least once every 12 months to meet the standards of the vehicle insurance policy terms and conditions. It is good working practice and assists your employer in managing road risk.

2 My company already has a copy of my driving licence.

This may be the case but, unfortunately, this is not classed as an independent verification and therefore your company are unable to establish if the licence presented is a true and accurate record of your licence record as held by the licence authority such as the DVLA. Unfortunately, many people drive without a licence or category to do so. Your company is responsible for you well being whilst you drive on company business.

3 What personal details will be provided to my employer that they do not already know?

Maybe nothing more if your company has been visually checking your driving licence. However, if you consent for your licence to be checked using the LICENCECHECK service we will provide your driving licence information as held by the licence authority DVLA. This excludes any medical history but will include as a minimum your licence category entitlements, unspent convictions, penalty points and commencement and expiry dates etc... subject to the data held on record by the relevant licence authority.

4 Is it the law that I must provided evidence of my driving licence to my employer?

No, but without independent verification your employer is unable to check the validity of the licence you have presented and may wish to restrict your role to none driving duties if they are unable to validate. It is also your company's responsibility to ensure you are licensed to drive the vehicle they have issued, hired, or allow you to drive on company business even if you use your own private vehicle.

5 The company has requested that I give written consent using a form produced by LICENCECHECK allowing the licence authority (DVLA or DVANI) to release my licence record in order for my company to verify my driving licence credentials. Can I refuse to give my consent and not sign it?

Yes, your explicit consent is required as your personal details are covered under the Data Protection Act. Each licence authority will require proof that consent has been granted and it is at your sole discretion whether you provide consent or not.

6 Can my employer discipline me for not providing consent?

No, as your information is personal to you. No action can be taken under the current law if consent is not given. Furthermore, without independent verification, your employer is unable to check the validity of the licence they may wish to restrict your role to non driving duties

7 Why has my company never asked me for consent in this way before?

Simply, the licence authorities did not offer an electronic verification facility until late 2008.

8 Can the driving licence consent be included with contract of employment

No, because voluntary consent must be given and withdrawal of consent can be requested at any time. It may also be construed that if inclusion was presented and you refused to give specific consent you may disadvantage yourself or feel compelled to provide consent under fear of losing out in some way.

9 If I provide consent how long does consent last?

Consent is granted for 3 years from the date of the driver mandate signature, therefore your company can request a check on your licence record at any time or at a frequency as they feel fit.

10 When is my personal data transferred or sent to LICENCECHECK?

If your company elects to use the LICENCECHECK DLVS system, your personal data will only transfer after you have given full consent. If your company elects to use our web-hosted service, your personal data will be passed to LICENCECHECK the time your data is entered. LICENCECHECK is classed as the Processor, this is a legal and acceptable way of populating a database to create a driver record, which in turn allows the creation of a driver mandate.

11 What happens once I have given consent for my licence record to be checked?

You or your employer will return either a copy or the original driver mandate to LICENCECHECK. On receipt the licence verification will commence.

12 What happens to the consent form once I have signed it?

Either your employer or LICENCECHECK will store this driver mandate document securely for a period of 6 years plus the current year. The ISO Data Commissionaire and/or Licence Authority set these rules.

13 Who has access to the driver mandate and the results once they have been obtained from the Licence Authority?

Your company will nominate the person(s) who will have access to the driver mandate and driver record information. A copy of your driver mandate will be returned to LICENCECHECK. If the original driver mandate has not been returned to LICENCECHECK this will be kept by your employer for 6 years plus the current remaining months of that year and agree to hold it in a secure manner in line with the Data Protection Act. LICENCECHECK also restrict the number of person(s) that have access your driver mandate or electronic records. The driver mandate will be kept in a secure environment, with restrictive access to a limited number of employed staff. The original driver mandate will be kept until the date of expiry (3 years); thereafter LICENCECHECK will either elect to keep the document in its original condition or opt to take an electronic image of the document. These records will be electronically archived for a further 3 years plus the remaining months of that year for audit purposes only.

14 How is my personal information stored?

Your electronic data is stored in two secure areas both which are fully secure and encrypted; a) Computer device such as a Server or Single PC Workstation at your place of work or location as chosen by your company. b) A dedicated computer device such as a Server, owned, hosted and maintained by LICENCECHECK. The database that holds your personal data uses a 128 - 256-bit encryption technology. Your data is only accessible by a limited number of individual nominated by your company, whom have a unique user name and password to access your DLVS System data. Each person registered must agree to a statement and disclaimer each and every time they access the database.