If ANYONE drives for your company, or drives a vehicle asset associated to the company, the fleet manager must ensure they actively manage the risk their fleet, and show considered duty of care. Your 'fleet' does not just include full time drivers - it includes part time drivers, temporary drivers, one-off drivers, grey fleet, spouses, and much more.
In terms of the 'proper DVLA check' I just wanted to clarify that the data source we use to check licences is direct with the DVLA. A system like Licence Link takes the information you would otherwise gain manually from the DVLA in electronic form (which is the same information and as complete as any direct information) however it allows you to do much more with the data in terms of process - such as automated rechecking, risk routines, audit 'proof', reporting, etc. We have a close working relationship with the DVLA, and we're always looking for ways to streamline processes and provide additional functionality.
Your point of some not being able to quote the size of their fleet. Certainly worrying. Risk associated to licences works on so many different levels - from points risk (higher points, higher risk), purpose risk (HGV and Dangerous Liquids Drivers, higher risk), location risk (city drivers at higher risk?), age risk (are younger 'fleet' drivers higher risk?), etc.
This article was part one in a series we'll be looking into, each time looking at a different metric. So, if there are any areas any of you would like us to look into, send us your suggestions.
Russell - there might even be a metric which would help you shed some 'light' on the 'dark side' of fleet work?!
A really good discussion. For those of us on the "dark side" of fleet work i.e. driver training / driver risk assessment it is hard to convince the smaller companies to take this up. Some of the people I meet at networking / FSB meetings do not even realise how many people are actually driving for work in their company. Indede a recent conversation with one company manager revealed he had 7 people driving for work when he insisted that none did. Drivers of cars tend to get overlooked in this scenario as most focus on LGV / HGV drivers. So if they haven't got any of those then the word fleet doesn't exist.
Licence checking is at least a start but a proper DVLA check is always recommended. So I always suggest that this is either added to current contracts or a stipulation when taking on new staff. Not just "full time drivers" as they may well need to drive at some point. Even if it's only to drop off something on the way home or to go to another branch that is not their normal place of work.
We’re really enthused by some of the comments that have been posted against our article, and wanted to really take some time to respond to some of points you have all made.
The statistic did in fact surprise us, based on the fact that these are fleet managers who have previously recognised the requirement to responsibly check the validity of their drivers. They are first and second generation users, and have moved from ‘why do I need to check my company’s licences?’ to ‘how can I check my company’s licences effectively ensuring I reduce the risk?’ Our surprise was in that there seem to have been a change in mentality – what we’re labelled the ‘Assumption Shift’. Prior to Licence Link there was the assumption that traditional checking methods (photocopy of licence was valid) suited their needs - this wasn’t a naive thought, but the perception that every driver providing a copy of their licence was honest (or fully aware) was somewhat too trusting, as some of the examples given have shown. The assumption has now shifted to ‘I’ve checked them once and they all seem fine’ – which is what concerns us.
The process choice you make to check driving licences is highly dependent upon your business requirements, so whether you select our Licence Link product, an alternative offering, or directly with the DVLA you are at least responsibly checking driving licences. We are genuinely concerned of the risk many companies are failing to reduce by adopting any of these methods. Some of the examples you have given are very similar to those we’ve become aware of with our customers – from those with drink driving bans, to someone driving for an organisation for a number of years on a provision licence. At times we’ve even had customers call us to thank us for the product – ‘if I hadn’t had used Licence Link I may well be standing up in court’. It all comes down to the old thought of ‘it will never happen to me’. Any licence checking method selected will only ever reduce risk – it will never remove risk.
All we suggest, when reviewing your Licence checking policy, is to ensure you consider the following:
Security – if your data is being held by a third party is it secure? Do they have sufficient accreditation in place to alleviate security risks?
Simplicity – how easy is it to check the licences? How much time and money can they save you in ensuring you are compliant? How much automation is offered? Especially important with larger fleets.
Auditing – if questioned, internally or externally, what audit process do you have in place to ensure you can prove sufficient duty of care?
Cost – what is the most cost effective solution? What additional value does this charge deliver?
Reporting – can your chosen solution tell you which drivers are at the highest risk? Can you quickly tell who can drive your HGV at short notice?
And finally, ACFO recommends checking licences, whichever way you choose, at least every 6 months – view their Guide to Licence Checking here - http://bit.ly/acfo_licence_guide. We recommend checking high risk drivers monthly (in excess of 9 points), those carrying medium risk (in excess of 6 points) on a Quarterly basis, and all other drivers bi-annually. In an ideal world we would like the process reversed – in automatic notification of driver changes, but the DVLA could be a long way off that happening.
The problem with licence checking is that it is possible for one driver to have two licences, leagally, both in the same name and to the same address. The only way to get round this is a proper DVLA check.
Cheeper and a lot quicker than a CRB check although, no more use as a clean one just means that they haven't been caught yet !
Nevertheless, checking is the only reasonably practicable methodology to possibly mitigate and/or reduce potential risks inherent and a little better than blind faith that it will all be alright and it won't appen to you..........
I dont think causing or permitting would apply as these require you have knowledge of the offence being committed.............
If your driver deceives you, they may even produce what appears to be a valid licence, and you employ them then you cant commit any cause or permit offences, you may be criticised for the level of checks done but unless its changed these 2 wont apply if you have no knowledge of the offence being or about to be committed.
Another thing you might want to check is your vehicle insurance, most policies state the same usual conditions but disqualified drivers can still be covered on an existing insurance provided no false statements were made to obtain it.
Check the section for persons permitted to drive.
There are several requirements that will be listed but amongst others there's usually one referring to the driver and licence.
Some policies state the driver(s) 'must hold a current licence/ licence for the class of vehicle' etc etc, others state ' who holds or has held a valid licence'.
So in certain circumstances a disqualified driver or someone who has had a licence revoked perhaps could still actually be insured when driving albeit doing so illegally.
To paraphrase the Road Traffic Act, it is an offence to cause or permit a person to drive if they are not licensed to do so.
Just check the licences properly. It's not difficult.
and to conclude, the direct DVLA checks don't give anything that can't be found on the paper version of your licence. Your inside leg measurement is safe...
David I understand fully where you come from but I merely make the point that the driver was the criminal here not your company . He alone should be held responsible for his actions and you should be able to mitigate any losses your company might incur as a result of his criminal behaviour through insurance. However I'm realistic enough to know that this would be far too sensible and simple to ever catch on.
"It was clean, there was no way of checking the details of the driving licence so the person was taken on"
if you need to do an instant check, you can call the DVLA on 09061 393 837 (49p/min). It's a bit onerous as you need the driver to be there with you to answer some security questions and give the DVLA their permission to tell you the licence details, but at least you know the information you get is 100% accurate.
Thanks but I work in the transport sector and all driving licences have to be visually checked ever six months with a clause in the contract of employment stating that all drivers must inform the company of any convictions including driving convictions.
Unfortunatly two years ago we employed a driver who came to the interview with an NVQ and references from his least two employers and produced both parts of his driving licence. It was clean, there was no way of checking the details of the driving licence so the person was taken on,
One week later this driver was involved in a FATAL accident killing a 18 year old lad and seriously injuring his 14 year old sister. The POLICE at the scene carried out the usual checks, he had been banned from driving over a year ago, but had applied to the DVLA once he realised he was going to lose his licence for a duplicate which they issued. So far he had two licences. when he went to court and was banned, he handed over the duplicate licence which is numbered so the court knew that it was the last issued licence.
He moved areas twice before coming to us.
Since the coroners inquest, DVLA have given us a number to call each time we check a licence, the driver has to be there and it costs us but can you put a cost on life.
Since we started doing these checks we have caught another driver who was already working for another transport company but came to us for a job. It appeared that he had his licence revoked 9 months ago......so
duplicate licences are used
and it is paramount that all licences are checked rigorously each time and properly.
I don't think that's what David's getting at (and apologies if I've misinterpreted). According to the HSE, licences should be checked at least annually, and more frequently where appropriate. It would be great to be able to leave it to the individual drivers, buit that's not going to happen - if you ask somebody to drive on your behalf, you have a legal responsibility to ensure they are licensed to do so.
manual checks are well and good, but do you think every manager is able to read all the entitlements and endorsement codes on a licence and ubnderstand their implications? There's also the issue of the time and inconvenience - what do you do if the driver forgets to bring his licence? Do you stop him from driving?
Checking with the DVLA is quick and simple. Sign a mandate once and the driver needs do nothing more for three years. It reveals no more information than you would by presenting the paper copy, but it's 100% accurate and can be done when ever you want. The scare stories about duplicate licences and fraudulent drivers are really a red herring. Of the thousands of drivers we've checked we've only seen one (possibly two) who were trying to pull a fast one. Most of the unlicensed drivers we found were totally unaware of the fact and were glad we told them so they could get it sorted out!
If you operate a large fleet it should really be a no-brainer.
You're absolutely right David. As you cannot legally possess a driving licence unless you are an adult and all being grown up people WE should be responsible for our actions and behaviour, never someone else.
I don't suppose CRC have any vested interest in "encouraging" more frequent checks on licences? Like most other intrusions into my affairs I resent the prospect of all and sundry having the right to access my personal data whenever they wish wherever it is held. And what's wrong with "Bring your licence in tomorrow Smith we need to have a look at it, make sure it's still valid." Surely there's another opportunity for the insurance companys to cash in here by offering cover for employers against losses incurred as a result of being duped by devious employees. After all, unless you check every drivers licence every morning before they start work there is the possibility that, as an employer, you are being placed in the invidious position David describes in his post.
What is madness is that it is getting increasing difficult for any company that operates a fleet including HGVs and PCVs to check licences. If I am to be accountable for my drivers and the checking of the their licences then on appointment all drivers should give me authority to check with DVLA the state of their licences, but due to DATA PROTECTION the person has to give me authority. also if a driver is decietful they plan their ban or points by applying for a duplicate licence and then keep this to present.
If I employ a driver who is driving whilst banned, by insurance and ultimatly if they god forbid kill someone then I am accountable for this, whilst it is out of my control......I would be up for corporate manslaughter..........that is madness
I don't know why this company find it surprising. I bet if you asked 100 SME's the question more would say they didn't check licences than do. And some of the ones who do check annually accept and trust their staff to bring in photocopies. Madness !!
Member - 2 posts
Russell - we certainly agree.
If ANYONE drives for your company, or drives a vehicle asset associated to the company, the fleet manager must ensure they actively manage the risk their fleet, and show considered duty of care. Your 'fleet' does not just include full time drivers - it includes part time drivers, temporary drivers, one-off drivers, grey fleet, spouses, and much more.
In terms of the 'proper DVLA check' I just wanted to clarify that the data source we use to check licences is direct with the DVLA. A system like Licence Link takes the information you would otherwise gain manually from the DVLA in electronic form (which is the same information and as complete as any direct information) however it allows you to do much more with the data in terms of process - such as automated rechecking, risk routines, audit 'proof', reporting, etc. We have a close working relationship with the DVLA, and we're always looking for ways to streamline processes and provide additional functionality.
Your point of some not being able to quote the size of their fleet. Certainly worrying. Risk associated to licences works on so many different levels - from points risk (higher points, higher risk), purpose risk (HGV and Dangerous Liquids Drivers, higher risk), location risk (city drivers at higher risk?), age risk (are younger 'fleet' drivers higher risk?), etc.
This article was part one in a series we'll be looking into, each time looking at a different metric. So, if there are any areas any of you would like us to look into, send us your suggestions.
Russell - there might even be a metric which would help you shed some 'light' on the 'dark side' of fleet work?!
Member - 101 posts
A really good discussion. For those of us on the "dark side" of fleet work i.e. driver training / driver risk assessment it is hard to convince the smaller companies to take this up. Some of the people I meet at networking / FSB meetings do not even realise how many people are actually driving for work in their company. Indede a recent conversation with one company manager revealed he had 7 people driving for work when he insisted that none did. Drivers of cars tend to get overlooked in this scenario as most focus on LGV / HGV drivers. So if they haven't got any of those then the word fleet doesn't exist.
Licence checking is at least a start but a proper DVLA check is always recommended. So I always suggest that this is either added to current contracts or a stipulation when taking on new staff. Not just "full time drivers" as they may well need to drive at some point. Even if it's only to drop off something on the way home or to go to another branch that is not their normal place of work.
Member - 2 posts
We’re really enthused by some of the comments that have been posted against our article, and wanted to really take some time to respond to some of points you have all made.
The statistic did in fact surprise us, based on the fact that these are fleet managers who have previously recognised the requirement to responsibly check the validity of their drivers. They are first and second generation users, and have moved from ‘why do I need to check my company’s licences?’ to ‘how can I check my company’s licences effectively ensuring I reduce the risk?’ Our surprise was in that there seem to have been a change in mentality – what we’re labelled the ‘Assumption Shift’. Prior to Licence Link there was the assumption that traditional checking methods (photocopy of licence was valid) suited their needs - this wasn’t a naive thought, but the perception that every driver providing a copy of their licence was honest (or fully aware) was somewhat too trusting, as some of the examples given have shown. The assumption has now shifted to ‘I’ve checked them once and they all seem fine’ – which is what concerns us.
The process choice you make to check driving licences is highly dependent upon your business requirements, so whether you select our Licence Link product, an alternative offering, or directly with the DVLA you are at least responsibly checking driving licences. We are genuinely concerned of the risk many companies are failing to reduce by adopting any of these methods. Some of the examples you have given are very similar to those we’ve become aware of with our customers – from those with drink driving bans, to someone driving for an organisation for a number of years on a provision licence. At times we’ve even had customers call us to thank us for the product – ‘if I hadn’t had used Licence Link I may well be standing up in court’. It all comes down to the old thought of ‘it will never happen to me’. Any licence checking method selected will only ever reduce risk – it will never remove risk.
All we suggest, when reviewing your Licence checking policy, is to ensure you consider the following:
Security – if your data is being held by a third party is it secure? Do they have sufficient accreditation in place to alleviate security risks?
Simplicity – how easy is it to check the licences? How much time and money can they save you in ensuring you are compliant? How much automation is offered? Especially important with larger fleets.
Auditing – if questioned, internally or externally, what audit process do you have in place to ensure you can prove sufficient duty of care?
Cost – what is the most cost effective solution? What additional value does this charge deliver?
Reporting – can your chosen solution tell you which drivers are at the highest risk? Can you quickly tell who can drive your HGV at short notice?
And finally, ACFO recommends checking licences, whichever way you choose, at least every 6 months – view their Guide to Licence Checking here - http://bit.ly/acfo_licence_guide. We recommend checking high risk drivers monthly (in excess of 9 points), those carrying medium risk (in excess of 6 points) on a Quarterly basis, and all other drivers bi-annually. In an ideal world we would like the process reversed – in automatic notification of driver changes, but the DVLA could be a long way off that happening.
Member - 11 posts
The problem with licence checking is that it is possible for one driver to have two licences, leagally, both in the same name and to the same address. The only way to get round this is a proper DVLA check.
Member - 1531 posts
Cheeper and a lot quicker than a CRB check although, no more use as a clean one just means that they haven't been caught yet !
Nevertheless, checking is the only reasonably practicable methodology to possibly mitigate and/or reduce potential risks inherent and a little better than blind faith that it will all be alright and it won't appen to you..........
Member - 53 posts
I dont think causing or permitting would apply as these require you have knowledge of the offence being committed.............
If your driver deceives you, they may even produce what appears to be a valid licence, and you employ them then you cant commit any cause or permit offences, you may be criticised for the level of checks done but unless its changed these 2 wont apply if you have no knowledge of the offence being or about to be committed.
Another thing you might want to check is your vehicle insurance, most policies state the same usual conditions but disqualified drivers can still be covered on an existing insurance provided no false statements were made to obtain it.
Check the section for persons permitted to drive.
There are several requirements that will be listed but amongst others there's usually one referring to the driver and licence.
Some policies state the driver(s) 'must hold a current licence/ licence for the class of vehicle' etc etc, others state ' who holds or has held a valid licence'.
So in certain circumstances a disqualified driver or someone who has had a licence revoked perhaps could still actually be insured when driving albeit doing so illegally.
Member - 79 posts
Final bit from me.
To paraphrase the Road Traffic Act, it is an offence to cause or permit a person to drive if they are not licensed to do so.
Just check the licences properly. It's not difficult.
and to conclude, the direct DVLA checks don't give anything that can't be found on the paper version of your licence. Your inside leg measurement is safe...
Member - 211 posts
David I understand fully where you come from but I merely make the point that the driver was the criminal here not your company . He alone should be held responsible for his actions and you should be able to mitigate any losses your company might incur as a result of his criminal behaviour through insurance. However I'm realistic enough to know that this would be far too sensible and simple to ever catch on.
Member - 79 posts
"It was clean, there was no way of checking the details of the driving licence so the person was taken on"
if you need to do an instant check, you can call the DVLA on 09061 393 837 (49p/min). It's a bit onerous as you need the driver to be there with you to answer some security questions and give the DVLA their permission to tell you the licence details, but at least you know the information you get is 100% accurate.
Member - 2 posts
Ernie.
Thanks but I work in the transport sector and all driving licences have to be visually checked ever six months with a clause in the contract of employment stating that all drivers must inform the company of any convictions including driving convictions.
Unfortunatly two years ago we employed a driver who came to the interview with an NVQ and references from his least two employers and produced both parts of his driving licence. It was clean, there was no way of checking the details of the driving licence so the person was taken on,
One week later this driver was involved in a FATAL accident killing a 18 year old lad and seriously injuring his 14 year old sister. The POLICE at the scene carried out the usual checks, he had been banned from driving over a year ago, but had applied to the DVLA once he realised he was going to lose his licence for a duplicate which they issued. So far he had two licences. when he went to court and was banned, he handed over the duplicate licence which is numbered so the court knew that it was the last issued licence.
He moved areas twice before coming to us.
Since the coroners inquest, DVLA have given us a number to call each time we check a licence, the driver has to be there and it costs us but can you put a cost on life.
Since we started doing these checks we have caught another driver who was already working for another transport company but came to us for a job. It appeared that he had his licence revoked 9 months ago......so
duplicate licences are used
and it is paramount that all licences are checked rigorously each time and properly.
Member - 79 posts
Hi Ernie
I don't think that's what David's getting at (and apologies if I've misinterpreted). According to the HSE, licences should be checked at least annually, and more frequently where appropriate. It would be great to be able to leave it to the individual drivers, buit that's not going to happen - if you ask somebody to drive on your behalf, you have a legal responsibility to ensure they are licensed to do so.
manual checks are well and good, but do you think every manager is able to read all the entitlements and endorsement codes on a licence and ubnderstand their implications? There's also the issue of the time and inconvenience - what do you do if the driver forgets to bring his licence? Do you stop him from driving?
Checking with the DVLA is quick and simple. Sign a mandate once and the driver needs do nothing more for three years. It reveals no more information than you would by presenting the paper copy, but it's 100% accurate and can be done when ever you want. The scare stories about duplicate licences and fraudulent drivers are really a red herring. Of the thousands of drivers we've checked we've only seen one (possibly two) who were trying to pull a fast one. Most of the unlicensed drivers we found were totally unaware of the fact and were glad we told them so they could get it sorted out!
If you operate a large fleet it should really be a no-brainer.
Member - 211 posts
You're absolutely right David. As you cannot legally possess a driving licence unless you are an adult and all being grown up people WE should be responsible for our actions and behaviour, never someone else.
I don't suppose CRC have any vested interest in "encouraging" more frequent checks on licences? Like most other intrusions into my affairs I resent the prospect of all and sundry having the right to access my personal data whenever they wish wherever it is held. And what's wrong with "Bring your licence in tomorrow Smith we need to have a look at it, make sure it's still valid." Surely there's another opportunity for the insurance companys to cash in here by offering cover for employers against losses incurred as a result of being duped by devious employees. After all, unless you check every drivers licence every morning before they start work there is the possibility that, as an employer, you are being placed in the invidious position David describes in his post.
Member - 2 posts
What is madness is that it is getting increasing difficult for any company that operates a fleet including HGVs and PCVs to check licences. If I am to be accountable for my drivers and the checking of the their licences then on appointment all drivers should give me authority to check with DVLA the state of their licences, but due to DATA PROTECTION the person has to give me authority. also if a driver is decietful they plan their ban or points by applying for a duplicate licence and then keep this to present.
If I employ a driver who is driving whilst banned, by insurance and ultimatly if they god forbid kill someone then I am accountable for this, whilst it is out of my control......I would be up for corporate manslaughter..........that is madness
Member - 101 posts
I don't know why this company find it surprising. I bet if you asked 100 SME's the question more would say they didn't check licences than do. And some of the ones who do check annually accept and trust their staff to bring in photocopies. Madness !!