So many jobs are reliant on people driving and any business which is employing someone in such a role needs to ensure that everything is in order.
As an employer you need to check that your employees driving licence is valid for the type of vehicle they are driving, whether they have penalty points or not and any periods of disqualification.
It should be noted that some vehicle classifications have changed over the years and in some circumstances extra tests may need to be take for additional entitlements, such as driving a larger van, a minibus or even towing.
If an employer does not make sure that an employee is legally allowed to drive in the prescribed circumstances can mean that you are failing in your duty of care and can face harsh sentencing, even prison should your employee be involved in an accident.
All of a sudden, making proper checks into an employees driving licence, driving entitlements and driving record sounds a much better idea than just taking a cursory glance over it.
With the paper part of the driving being abolished in 2015, the plastic part carries no full information so making a formal check becomes the norm. A formal driving licence check will disclose “live” penalty points and disqualifications but not those that are deemed as having been “spent”.
One thing to note is that under data protection legislation, every employer will need the consent of the driving licence holder before you can make the checks. When the driving licence holder has made their consent then this is only valid for 21 days.
Please remember that making these checks as an employer, without the consent of the driving licence holder is itself a criminal offence.
The 2 main ways of checking on someone’s driving licence is through the DVLA, either by phone or by post.
For the driving licence holder to leave their permission for the checks to me made the number is 0300 790 6801 and the number for the person making the check is 0906 139 3837 (current call costs are at 51p per minute).
In making the checks by post you need to complete the form D888/1 (click here for the form) as does the driving licence holder. This form is then returned to the DVLA with a cheque of postal order for £5.
About Freeman & Co.
Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.
Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.
The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.
If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.
Freeman & Co. are available for Police Station attendances and an experienced criminal lawyer is on hand to take your call.
If you would prefer to send a confidential email the please click here.
Freeman & Co Solicitors
8 Oxford Court
Tel. 0161 236 7007