Government Guidelines

Are You In the Driving Seat

Richard Kitchen, External & Corporate Services Director at DVLA, looks at the issues that affect companies that rely on drivers for their business.

Those working in the road haulage industry, like many other sectors, constantly feel under threat from the real or perceived pressure of legislation. Some of this legislation – digital tachograph, CPC training Directive – is industry specific but others, like corporate manslaughter, have the potential to affect industries across the board. In this article we will look at some of the issues that affect anyone who employs people to drive. In particular, we will look at ways in which the vehicle operator can mitigate risk in respect of driver entitlement.

What DVLA could do to help operators through the minefield?

DVLA holds 42 million driver records and has a responsibility to those drivers in respect of the confidentiality of their records. The Agency makes a significant contribution to road safety and achieves this partly through the release of certain information to those in need of it. Information can be released from the driver record only with the consent of the driver and then only where there is a driving licence or road safety issue. To give two examples, we would release information, with the driver's consent, to a prospective employer or to a car hire company to enable a check on entitlement or current endorsement history.

Both employers and employees should be aware that, under the Road Traffic Act 1988, it is an offence for a person to drive a motor vehicle if he/she is not the holder of an appropriate licence. It is also an offence for a person to cause or permit another person to drive if that other person is not the holder of an appropriate licence. Vehicle operators may also be under an obligation to satisfy themselves as to the correct entitlement of drivers employed by them in order to meet the conditions of their Operators Licence.

Now more than ever, there is a heightened awareness of an employer's responsibility for ensuring a duty of care is maintained when employing drivers. The profile of this issue has recently been raised through the Government's intended legislation on corporate manslaughter and corporate killing. The Corporate Manslaughter Bill will make it easier to prosecute companies and other organisations where serious negligence leads to death.

Those readers of Freight Transport Review who have responsibility for driver recruitment will clearly have systems in place to ensure that any prospective driver has an appropriate licence and an endorsement history that meets their respective company policy. All employers need to consider how to protect themselves against the driver who fails to notify any subsequent endorsement or, worse still, driving ban or revocation. One thing is certain, in the eyes of the law, ignorance of the matter would be no defence.

Access to DVLA Drivers' Register
With the consent of the driver, information is available from the DVLA driver record. DVLA currently offers three ways through which customers can obtain information from the record.

Changes currently taking place within the Agency will bring significant improvements to customers. DVLA is currently undertaking a major re-platforming of its driver systems, which is bringing useful advantages for its many customers. The changes are being introduced in stages with online enquires by commercial organisations planned to be available in 2007.

In order to address the immediate need for organisations to conduct driving entitlement checks for large pools of drivers (200 or more), DVLA has developed the Driver Entitlement Checking Services (DECS). DECS uses CD-ROM media to exchange data between DVLA and the customer.

For customers who need to conduct checks at short notice, or wish to conduct checks over the course of each month, DVLA's Fee Paying Enquiry service will remain available (although submission of a paper mandate will still be required for each check).

In order to satisfy the provisions of the Data Protection Act and to protect the individual, DVLA requires the company to obtain a mandate signed by the licence holder authorising the Agency to release details of their driver record.

The facility for driver licence enquiry extends to Digital Tachograph Driver Cards information and, from 2009, Driver Certificate of Professional Competence (CPC).

Health requirements for drivers
An important part of the driver licensing system is its function in relation to the medical fitness of drivers. All drivers must meet specific health requirements when applying for a driving licence and are required by law to notify DVLA if at any time they develop a medical condition that may affect their fitness to drive. Drivers are also required to declare, when renewing or applying for a driving licence, that they can meet the statutory eyesight standard.

Drivers of Group 2 vehicles (over 3.5 tonnes or with more than eight passenger seats) are subject to more stringent health standards than those required for Group 1 (cars and motorcycles) driving. This is because of the size and weight of the vehicle involved and the greater potential impact on road safety for all road users if these vehicles are involved in an accident.

Applicants for an LGV licence must provide a medical practitioner's report when applying for their first licence, and again at renewal at age 45 and every five years thereafter until 65. Any driver wishing to continue after that age will need to apply for an annual renewal of his/her licence and provide a satisfactory medical report.

Conduct Requirements for Drivers – how the Agency worked with the Traffic Commissioners
Holders of Large Goods Vehicles (LGV) and Passenger Carrying Vehicle (PCV) driving licences are subject to more stringent conduct requirements when driving than those for ordinary driving licence holders. The Agency works in partnership with the Traffic Commissioners to ensure these higher standards of conduct are met.

The law requires the Secretary of State to assess the driving conduct of those who drive, or make an application to drive, any LGV. The Traffic Commissioners act in an advisory capacity in this respect to the Secretary of State (in practice DVLA). When applying for LGV driving licence entitlement, applicants must declare any convictions relating to driver's hours, vehicle roadworthiness or loading.

Where a question arises relating to the conduct of an LGV/PCV driver, DVLA may refer any case to the Traffic Commissioner. The Traffic Commissioner has the power to refuse an LGV licence to an applicant or suspend, revoke or increase a disqualification period of an existing licence holder.