Rank: Super forum user
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As am I on the need to keep copies at all............
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Rank: Super forum user
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RayRapp wrote:If you look at my original succinct post on the subject at #5 you will see that I suggested that the employer should show due diligence. I have not commented on a DoC or a criminal legal duty. It does not rule anything in or out.
The one that says "No legal duty as far as I'm aware"? That's rather the point of the ensuing discussion, I think - that there may not be a statutory duty that would lead to a criminal prosecution were it to be omitted, but that does not necessarily mean there is no legal duty or no duty of care.
RayApp wrote:
That is my final word on matter, except to comment that people should not use these forums to deliberately agitate or insult others who are trying to be helpful.
Right. Why, when canopener made the posting that there was no statutory duty (a point with which you apparently agree) but that there may be a duty of care (a point with which you apparently agree), did you embark on a lecture about civil v. criminal law?
Why "I respectfully suggest" which almost invariably means precisely the opposite?
Why "Perhaps you should read the history of the posts before jumping to conclusions." ?
Perhaps you could consider whether your own advice might apply at home?
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Haway lads - that's enough! We're professionals. Let's just draw a line under this and accept that meanings expressed in messages like these can sometimes get lost in translation. I bet if you go back and untangle the thread, we'll find we're all violently agreeing about the same thing!
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Thanks for all the posts guys. Some good info here and its appreciated. I intend to request all our apporved drivers present their driving licences to be copied (including the counterpart papercopy for the new photo card holders). I would then review each and build a database detailing which class of vehicle they are permitted to drive.
My original post came about following a discussion with our insurance brokers who suggested we should be doing this.
Thanks again. Sorry if the question was a bit vague.
K.
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Rank: Super forum user
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Don't confuse entitlement with competency. I am of an age whereby I have a fair few classifications for light goods, large vans, minibus & trailer combos etc. (C and D) on my licence.
Would I be confident driving these? No.
Is my employer entitled to presume competence? I think not.
In principle, I don't believe my employer is entitled to take a copy of my licence. It's mine.
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It's not your licence.
Your licence HAS to be returned to dvla upon disqualification, revocation, any number of health disqualifications and death.
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Rank: Super forum user
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Neither is it my employer's!
My point being that I believe these documents are 'personal' and relevant for the purposes of the Data Protection Act. If no-one can come up with a lawful and valid reason for taking and retaining copies (and I've asked here twice), then I don't believe the Law permits you to.
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Rank: Super forum user
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ron hunter wrote:Neither is it my employer's!
My point being that I believe these documents are 'personal' and relevant for the purposes of the Data Protection Act. If no-one can come up with a lawful and valid reason for taking and retaining copies (and I've asked here twice), then I don't believe the Law permits you to.
Ron, we take copies but they are also used as proof of ID / Address and are locked away in personnel files away from prying eyes.
I'm also intrigued about the black and white copies not colour. Not that we have colour photocopiers mind...
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JohnMurray wrote:It's not your licence.
Your licence HAS to be returned to dvla upon disqualification, revocation, any number of health disqualifications and death.
Well when i die they can sue me for not returning my licence...
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Rank: Super forum user
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The law requires you to operate your vehicles legally and in compliance with relevant legislation.
You cannot do so if you are unable or uninterested in ensuring that your driver/s hold the necessary licence, that it is valid for the type of vehicle and that any penalties recorded on same do not breach any insurers requirements.
Has your driver been disqualified with the last ten years for driving with excess alcohol ?
You don't know ?
Oh dear, the vehicle may be being operated uninsured. Ooops.
Fortunately, you do not have to copy the drivers licence anymore.
Get the drivers signature on the paper, and one of many companies will access the driver record on the dvla system.
Legal.
Cheap.
Accurate.
Problem solved.
Driver lied on employment details ?
Goodbye.
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Rank: Super forum user
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Hally, it could be argued that isn't sufficient reason to keep a copy of that particular document.
I struggle to recognise myself on the picture on my photcard license (which IS in date!). A b&w copy ( I just tried) could be anyone. A retained form of 'ID'? I think not.
Hard to believe your personnel people don't already have note of your employees addresses.
Bear in mind too that people move house and don't bother (or drag their heels) to update their licence.
Sorry to be picky.
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ron hunter wrote:I struggle to recognise myself on the picture on my photocard licence (which IS in date!).
Now THAT I can sympathise with. My forum avatar looks more like me than my photocard ID does.
Which gives me a mischievous idea next time I update my passport...but I'll save that for a Friday thread.
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Why do these threads have to end up in a bun fight??? Come on guys (& gals)
......I like my photocard lasting 10 years.....it makes me look young :-)
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I believe that if your appearance alters materially within that ten year period you are "advised" to renew the licence.
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I don’t wish to reignite the ‘law’ debate (or was it debacle?) and while I take your Hally’s point about who cares when you‘re dead, but, surely prosecuted rather than sued?
Ron makes an interesting point about photographs. When I eventually got around to my change of address, dare I say 5 years after having moved, I was able to do this online, with the DVLA ‘grabbing’ my photo directly from the passport agency (this is a Government Gateway initiative). It is possible that your passport photo might already be more than 10 years old, as you may have had it taken some time before you applied for your passport, and therefore by the time the photo part of your licence was due to expire, the photo could be 20 + years ‘out of date’. No wonder nobody could recognise you Ron! It wasn’t the one of you laying on the rug in front of the fire with nothing on was it?
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Oh, THAT picture!!..................in fairness, I was only 3 months old at the time.
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a friend got a 5 year passport for her new born 4 1/2 years ago and is still being used today.
regarding the black and white copy of licence, i remember being told by a driving agency in the past something about so it couldnt be used as an actual licence, how true that is i dont know.
the employer wouldnt have to take a copy of the licence, surely a form with name/category entitlement/convictions/points etc and signature for whoever has viewed it would be enough
pete
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