1. Freight Transport Association
Es Shepherd
Freight Transport Association

2. Managing drivers Driver licence checking Driver medicals
Disciplinary procedures

3. Driving licence checking
Why do we need to check licences?
Section 87 of 1988 Road Traffic Act
(a) It is an offence for a person to drive…or
(b) cause or permit somebody to driver otherwise than in accordance with a licence authorising that person to drive a motor vehicle of that class
Employers duty of care and O licence undertakings

4. Driving licence checking
What has changed
June 2015 DVLA cease to issue paper counterparts to GB licences
DVA in Northern Ireland currently retain paper counterpart
Paper licences remain valid although not endorsed
DVLA develops new systems to answer need for access to data

5. Driving licence checking
Driver licence check procedures
Verify
Contact DVLA via phone
Mandate
Mandate
View Driving Licence
Access to Driver Data
Third party licence checking company. For example FTA driver licence checking service
Print
Create access code
Share Driving Licence
These are the methods by which a driver licence can be checked
I will talk about verify in a moment or two

6. Driving licence checking
View Driving Licence
Provides driver 24/7 access to full licence data
Needs following information
Driver number
National Insurance number
Postcode
Gives option to provide PDF details through print facility, or
Generate up to 15 codes for third party to verify licence details
Following lobbying from FTA access code now valid for up to 21 days after generation but only available for single use

7. Driving licence checking – Verify
Cross Government Identity Assurance, still under development currently under beta testing at the DVLA
Will allow access to government online services
Sign up to either, Post Office, Verizon, Experian or Digidentity
Registering requires personal details along with bank details and takes about 15 – 25 minutes to sign up
You develop a unique username and password
Company version that will allow access to O licensing system
More information when available

8. Driving licence checking
Share Driving Licence
Allows third party to verify driver information 24/7
Needs following information
Last eight digits of driver number
Access code generated by driver in View Driving Licence
Gives information on;
Licence status (full, provisional, disqualified)
Endorsements and penalty points
Vehicles driver is entitled to drive

9. Driving licence checking
Share Driving Licence
Information not displayed on Share Driving Licence
Date licence last issued, renewal date, spent convictions over 5 years, holders address, medical information and unique card identity number
Part of licence checking regime to also check and record details from photo-card

10. Driving licence checking
Access to Driving Data (ADD)
Third new system developed by DVLA
Provides real time access to data
High set up costs
Initially between £25,000 and £30,000
£6,000 annual rental
£1.50 charge for each query made
Set up takes around four months

11. Driving licence checking
No access to computer
Driver calls DVLA (local rate) and leaves permission for third party access to data. Third party then contacts DVLA (premium rate) to check drivers’ details
Call DVLA (premium rate) with driver in attendance
Driver contacts DVLA (local rate) to obtain access code and operator then uses code with Share Driving Licence system

12. Driving licence checking
Use of a third party checking company
Possible to use third party company
Requires driver mandate signed
Cost varies between service providers
FTA licence checking service

13. Driving licence checking
Non-GB drivers
Non-GB drivers using vocational licence entitlement must register with DVLA within 12 months of becoming resident
DVLA issues D91 (Confirmation of Registration), replaces 58/2 issued prior to 8 June 2015
Details kept on separate IT platform
To check details;
Driver contacts DVLA (local rate) to leave permission for operator to access data
Operator contacts DVLA (local rate) within one week for information from record

14. Driving licence checking
Frequency of checks and high risk drivers
Major question – how often should I check my drivers’ licences?
Once or twice a year, maybe more, dependent upon operation
Use of declaration as back up
High risk drivers – more frequent checking

15. Driving licence checking
So what needs to be checked?
Personal details
Issue number/date against last check
Any medical renewals/issues
Any age restrictions
Correct entitlements
Licence codes
Photo expiry date
Any endorsements/disqualifications

16. Driving licence checking
Record keeping
Photocopy both sides of the photocard or paper licence
Get printed copy of data held on DVLA systems
Make a note of the unique number on the reverse of the photocard
Keep records between licence checks to
show check was made
enable comparison to be made

17. Driving licence checking
Action points
Decide on system suitable for your operation and update policies accordingly
Brief drivers on the new system to be used and their involvement, including declarations and/or mandates if required
Re-visit frequency of licence checks, consider high risk drivers

18. Driver medicals

19. Driver Medicals A brief look at some driver medical processes
Section 88 process
Confirmation of a medical condition from a General Practitioner
Restricted period licences
Drug and driving

20. Driver Medicals
Separate medical requirements for Group 1 and Group 2 licence holders
Group 1 (cars and motorcycles) no physical medical required, self certification from the age of 70 and every 3 years
Group 2 (Lorry and Bus)
Medical D4 - signed by a GP at application
Self certification every 5 years at licence renewal up to the age of 45
Full medicals D4 signed off by GP every 5 years at licence renewal up to 65
From 65 annual renewal of vocational entitlement, full medical required

21. Driver Medicals Informing DVLA of medical condition
Failure to notify DVLA of a medical condition could result in a £1000 fine
Separate forms to complete dependent on the condition, details online GOV.UK or contact DVLA Medical group
Average application processing timescales for an application vary
20 days if no GP involvement
60 days if GP involvement
100 days if GP and consultant are involved
175 days if GP and Consultant plus additional involvement

22. Driver Medicals Section 88 of the Road Traffic Act 1988
provision in law which will allow a driver to continue to drive whilst DVLA are processing their application
also provides for a person to cause or permit a person to drive a vehicle of any class post licence expiry as long as they conform to certain requirements
If DVLA revoke the licence, the date the revocation will commence will be the original expiry date
DVLA leaflet INF188/6 has further guidance

23. Driver Medicals Section 88 conditions
Driver must be confident that application will not be refused on medical grounds
Driver must have held a valid licence prior to the application
Must meet all conditions specified on the licence
DVLA must have received a fully completed application within the last 12 months
The driver’s last licence must not have been revoked or refused on medical grounds
Must not currently be disqualified from driving or a high risk offender on or after the 1 June 2013

24. Driver Medicals Section 88 conditions A high risk offender;
were convicted of 2 drink driving offences within 10 years
were driving with an alcohol reading of at least 87.5 microgrammes of alcohol per 100 millilitres of breath, 200 milligrammes of alcohol per 100 millilitres of blood, or milligrammes of alcohol per 100 millilitres of urine
refused to give the police a sample of breath, blood or urine to test for alcohol
refused to allow a sample of your blood to be tested for alcohol (eg if it was taken when you were unconscious)

25. Driver Medicals When Section 88 cover ceases
When the driver receives a new driving licence
The driver receives a letter from DVLA explaining that the application has been refused or revoked
The application is more than a year old
The driver has been disqualified from driving since the application has been sent to DVLA

26. Driver Medicals More on Section 88
Always check with your insurance company prior to allowing somebody to drive under S.88
Only recognised in UK, driver cannot drive abroad under a S.88 letter
Ask driver for a letter from a GP, doctor or medical professional confirming that they are fit to drive

27. Driver Medicals Medical letter of confirmation
From doctor, general practitioner or medical professional
Subject to The Access to Medical Reports Act 1988
A third party is not able to ask for a letter requesting medical information without the consent of the individual
An individual does not have to give that consent
If they do agree – the individual has the right to see the report before it is sent to an employer

28. Driver Medicals Medical letter of confirmation
Must wait 21 days before sending report
The individual can ask for the report to be amended if they feel it is incorrect or misleading
Can agree to amend, however if not, must attach a note recording the individuals views and an explanation why they did not change it
The individual retains the right in law to stop the request at any point during the process

29. Driver Medicals Restricted period licences
Issued based on an individual’s previous/ongoing medical condition
Applies to Group 1 licence holders
Can be issued for up to 10 years (previously 3 years)
The DVLA issue these licences to monitor the health of the holder who would have previously had a medical condition
Entitlement renewal dates will reflect a licence is restricted

30. Driver Medicals Drugs and driving
Original offence is driving while impaired by drugs, police have to prove drug has caused impairment, and still in place
New offence relates to specified limits of drugs in blood stream
Based on 16 specified drugs, both illegal and medicinal
Limits for medicinal drugs are set above normal dosage levels
Drivers taking prescription drugs should check with their doctors

31. Driver Medicals Drugs and driving - statutory medical defence
Drugs lawfully prescribed and taken in accordance with advice from prescriber
If possible carry the prescription or a letter from a doctor highlighting the frequency of the dose
Does not, however, cover drug impaired driving
Talk to doctor reference prescribed drugs and driving

32. Driver Medicals Illegal drugs Medicinal drugs Benzoylecgonine
Clonazepam
Cocaine
Diazepam
Delta-9-tetrahydrocannabinol (cannabis)
Flunitrazepam
Ketamine
Lorazepam
Lysergic acid diethylamide
Methadone
Methylamphetamine
Morphine (includes Codeine and Tramadol)
MDMA
Oxazepam
8-monoacetylmorphine (heroin)
Temazepam
Amphetamine

33. Driver Medicals Drugs and driving – penalties
Minimum 1 year driving ban (points on licence for 11 years)
Unlimited fine
Up to 6 months in prison
Criminal record

34. Driver Medicals Action points
Check medical reporting procedures, are declarations up to date
Section 88 – do you have drivers driving under Section 88, are you confident over their ability to drive, medical letter of confirmation on file
Be aware of new drug drive offence, change policies if required, ensure drivers are aware

35. Disciplinary procedures

36. Disciplinary procedures
Issue
Investigate
Take action
Monitor

37. Disciplinary procedures
Scenario
Issue
Driver committed offence in private car
Driver has licence suspended for 3 months
Unable to drive both standard and vocational vehicles

38. Disciplinary procedures
Scenario – procedure
Investigation
Interview driver to establish the circumstances
Check for details of offence – use of mobile phone can lead to driver conduct hearing
Is there any trend in the previous offences that resulted in points
If all points gained through same offence are there other issues

39. Disciplinary procedures
Scenario – procedure
Take action
After investigation driver is invited to meeting to discuss
Driver is employed as a driver but cannot fulfil that contract
Suspension is for three months is there another temporary position the driver could fulfil in that time
Depending upon results from investigation make decision on possible action to take
Inform driver of outcome in writing

40. Disciplinary procedures
Scenario – procedure
Monitor
If decision was for driver to continue in temporary non-driving position
Check for renewal of licence after suspension period
Be aware of possible call to driver conduct hearing from Traffic Commissioner due to vocational licence holder
Possibly class driver as high risk for licence checking frequency

41. Disciplinary procedures
Action points
Being aware of company disciplinary plan
Work with HR to ensure process follows requirements under employment law
Keep a paper trail of any meeting, interviews etc.

42. Managing drivers
Thank you
Any questions?