Posted By Sirius
Hi there,

My first post here.

I am having a bit of trouble at the moment with driving licence checks.

I am the health and safety advisor working for a government sponsored organisation that has driving as a significant part of its work.

As part of our process of improving our H&S provision I have suggested that we should be carrying out driving licence checks for all the drivers in the organisation (around 200 people).

However this has been met with a fair amount of resistance. I have explained that its common practice, the HSE recommends that we carry them out in the guidance document Driving at Work and the various bits of law HSWA, Road Traffic Act etc. This however has raised some questions from the senior management. They are basically asking me to justify the checks and asking me to demonstrate how carrying out the checks yields a real H&S benefit rather than a paper exercise.

1. What is the rational for carrying out the checks? If someone has 9 points on their licence, should/could we stop them from driving, guidance suggests they should be provided with additional training but why should the company provide this? Especially if the points were not accrued at work.
2. Is requesting driving licences creating a breach of any sort of personal information, privacy laws/regulations?

For those of you out there that carry out checks, what do you do when someone comes back with significant points etc?

I’d really appreciate your thoughts.

Thanks :)

Posted By SNS
hi Sirius,

The checks prove that a person actually has a licence! - we had (in a previous employment) a staff member who lied and drove our vehicles for some time until, when pressed he was found to not hold any kind of licence. Shortly after that he had no job as he had lied on his application.

Some hire car companies will impose extra charges for those holding more than 3 points. If you have 'contract' hire cars this may be an issue - undeclared points would invalidate the insurance.

Integrity - checks will reveal those who have been economical with the truth, depending what your employers do it may be important.

We have found it a necessary practice, unfortunately people do not always tell the truth.

It took a while to get fully accepted though.

Good luck,

Rgds,
S

Posted By Warren Fothergill
You are checking integrity of the license for use of a vehicle, presumed to be that of the organisation and therefore deemed 'equipment'. Therefore under PUWER, MHSW Regs, HASAWetc Act your legal obligation is to ensure users are trained, competent and have sufficient knowledge to drive the vehicle.

By completing DVLA checks on license holders, you are protecting the company from breaching the principles of the duty of care regime. Instances may show that the license is revoked, driver may be disqualified, have drink/driving convictions which haven't been declared.

At the end of the day, I would be suspicious with those who don't want to undergo the checks. Ask WHY they don't.

We are going through the process, and our insurance company seem very lenient on driver requirements, so check also with conditions of insurance.

Cheers

Wazza

Posted By John Richards
Another bag of worms.
Information obtained has to be kept confidential, again authorised users.
And, if you find out that the address on the licence is not that of the address the holder is living....do you report it ?
Since it is a criminal offence, you cannot ignore it since that makes you complicit to that offence.
So, you will probably have to notify the "orforitiz"
If the person has no licence that would be a serious offence, as well as the insurance being void.
And, if the person is disqualified from driving there is also the offence of knowingly allowing a disqualified driver to drive (£5000/6 months)
And, if the person has a paper licence you may find that some categories held on that licence no longer exist, or have changed.
Mind you, I know one guy that changed his paper to photo and then got prosecuted for driving his m/cycle without a valid licence....the dvla had not put that qualification on his [new] licence....and they never did put it back, he had to re-sit his m/cycle test.
Then there is the thorny problem of drivers who passed their test post 1997....their licence only covers them to drive vehicles up to a max weight (loaded) of 3300kg....another test is required to progress. Oh, and check that they do not tow above their weight....all good fun !

Posted By Ron Hunter
Gerry: You say "if you use company cars PUWER 98 will apply"
I don't think so - Road Traffic Legislation (e.g. construction and use) will take precedence. The interpretation part of the PUWER Regs makes this clear.

Posted By John Richards
"Employers owe the same duty of care under health and safety law to staff who drive their own vehicles
for work as they do to employees who drive company owned, leased or hired vehicles"

http://www.rospa.com/roa...fety/info/ownvehicle.pdf