The Answer:
Where employees drive at/for work, employers are under a duty to ensure
that they are licensed to drive a particular type of vehicle. That is why it is
important that employers carry out driving licence checks as part of the
selection process before engaging them. Employers should also carry out
post-engagement checks annually/bi-annually to ensure their drivers remain
competent and free from endorsements.
The Risk/Threat:
Drivers/employees could be fined, receive penalty points or even be
disqualified from driving. In extreme cases they may even face a custodial
sentences for motoring related offences.
Employers face health and safety prosecutions for allowing non-qualified and
incompetent drivers to drive their vehicles. They may even face liabilities for
civil claims under the principle of vicarious liability – whilst driving in the
course of his/her duties, the drivers’ actions and omissions, which cause loss,
damage or a personal injury, can be passed onto the employer. Insurance
policies may not indemnify the employer where they have failed to exercise
due diligence tests.
What do you need to do?
At the recruitment/selection stage, ask questions about their licence
qualifications, driving history and endorsements. Obtain copy of the licence and
carry out DVLA checks. Do this once, or ideally twice a year to check for
endorsements.
Incorporate clauses in the contracts of employment obligating employees to
inform you/keep you informed of endorsements, motoring prosecutions,
disqualifications and medical conditions which could impact their ability to
drive.
If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team at 0116 274 9193.
