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Company Driver details and Data Protection Act - HELP
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Posted By Sheralyn Pattison I work for a company who has many company car drivers. These drivers are subject tolegeal checks every year on their driving licences. (being a few hundred thousand this is a big enough task as it is and serves to comply with reasonably practicable).
Does any one know of any way for our company to be able to find out prior to these checks if a driver has been banned for Drink driving?
Having tried the DVLA and Police, they all throw Data Protection Act back at us. However surely if someone is driving a company car illegally, we as a companyshould be informed? Has anyone got any ideas? Help if you can.
Thanks Sheralyn
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Posted By Michael Miller Surely if he is banned he won't be able to produce a license! or have I got the question wrong? There is a criminal disclosure act but I am not sure it will cover drink driving unless a serious injury took place as a result.
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Posted By Nick House Hi Sheralyn
The Police and DVLA are correct in their responses. One way to try to make this a little easier would be for you to break the fleet down into manageable 'mini fleets', with a senior manager for each one responsible for checking drivers' licences on a quarterly basis.
Once the licences have been checked, then the managers could report back to a central source. Other than this, I think you might have an uphill struggle trying to keep on top of this one.
Regards
Nick.
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Posted By Al Penman The Rehabilitation of Offenders Act 1974 allows offenders non disclosure of convictions after a certain time period when they become 'spent'. The time period is graded depending on the conviction.
I'm not 100% on the time periods before a conviction is 'spent' but I believe if a custodial life sentence has been served it is never 'spent' and will have to be declared at all times when asked i.e job application forms.
A £25 fine for example is 'spent' after 5 years and then the offender doesn't have to declare it on application form unless the employment is exempt sections of the Act ie working with children.
So anyone caught drink driving will have to declare a conviction until such time as it becomes 'spent'. If the person doesn't declare it on the application form and it becomes apparent that they have an 'unspent' conviction then I suppose it depends on your organisations HR to decide if the person has lied on the application form and received the job by deception.
I hope that has helped in some way to answering your question, not sure though how you would find out about 'spent' convictions though.
Al
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Rank: Guest
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Posted By Sheralyn Pattison Thanks everyone for your help on this one - some really good ideas have come through. Thank you for your help.
Kind regards Sheralyn
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Company Driver details and Data Protection Act - HELP
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