Driving licence question

Author
Discussion

GC8

19,910 posts

191 months

Monday 24th June 2013
quotequote all
Any bus or coach driver who works with children or vulnerable adults will be DBS/CRB checked as a matter of ourse (in theory).

mph1977

12,467 posts

169 months

Monday 24th June 2013
quotequote all
liner33 said:
I passed my PCV test over 20 years ago and have been driving them for 27 years , I could be the biggest kiddie fiddler out there left to drive coaches unmonitored all this time without any checks.

I can see why sex offenders need to be checked but CRB takes care of that so why have it on here, but cautions are a different thing altogether and for ANY offence.

One could say whatever you put they should check but then if they are going to check why is it important to put anything on it ?
because 'being a bus driver' is not something which is automatically eligible for a enhanced CRB /DBS - schools / social care contracts is different but that is under the requirements of those who work in car settings ... or would you like the TCs to bill you an extra 40 quid at renewal time ( or more frequently - as many places were doing every 2 or 3 years in care / school settings)

mph1977

12,467 posts

169 months

Monday 24th June 2013
quotequote all
GC8 said:
Any bus or coach driver who works with children or vulnerable adults will be DBS/CRB checked as a matter of ourse (in theory).
who works on contracts where the organisation issuing the contract deems it an eligible role - service bus drivers and many spot -hire coach hires aren't covered

GC8

19,910 posts

191 months

Monday 24th June 2013
quotequote all
Yes, and all of the Arriva bus drivers in Wales too, it appears.

liner33

Original Poster:

10,696 posts

203 months

Tuesday 25th June 2013
quotequote all
GC8 said:
Any bus or coach driver who works with children or vulnerable adults will be DBS/CRB checked as a matter of ourse (in theory).
Yes in fact anyone who works with children or vulnerable adults will be DBS/CRB checked as a matter of course and this is the responsibility of the employer or organisation NOT the individual, why are DVLA getting involved and why do they need this information when more accurate and more detailed information is available elsewhere from the CRB ?

GC8

19,910 posts

191 months

Tuesday 25th June 2013
quotequote all
I feel that this has been explained in the thread.

If I was you and I had a caution from 1985 or thereabouts then I would not have anything to worry about. The form doesnt state that the Rehabilitation of Offenders Act does not apply, so theyre only asking you about convictions that occured within the last ten years at the most.

If your employers did then start CRB checking all bus drivers then you still dont have anything to worry about, because a single caution will now be filtered from a DBS/CRB check after six years.

Relax, or youll fail your medical with high blood pressure!

mph1977

12,467 posts

169 months

Tuesday 25th June 2013
quotequote all
liner33 said:
GC8 said:
Any bus or coach driver who works with children or vulnerable adults will be DBS/CRB checked as a matter of ourse (in theory).
Yes in fact anyone who works with children or vulnerable adults will be DBS/CRB checked as a matter of course and this is the responsibility of the employer or organisation NOT the individual, why are DVLA getting involved and why do they need this information when more accurate and more detailed information is available elsewhere from the CRB ?
Service bus drivers and spot -hire bus / coach drivers are not automatically covered by the requirements - because there may not be substantial unsupervised access ( or it depends on rostering etc)

where those engaged on schools /social care contracts may well be in scope because of substantial unsupervised access

PHV and Hackney drivers are in scope because of the risks ( larger than PCV use) and because they are not regulated by the TCs

Who me ?

7,455 posts

213 months

Tuesday 25th June 2013
quotequote all
GC8 said:
Any bus or coach driver who works with children or vulnerable adults will be DBS/CRB checked as a matter of ourse (in theory).
I seem to remember that even those holding a CRB checked licence ( Taxi /PH driver) usually have a chaperone with them , as do PCV drivers .

mph1977

12,467 posts

169 months

Tuesday 25th June 2013
quotequote all
[quote=Who me ?]
GC8 said:
Any bus or coach driver who works with children or vulnerable adults will be DBS/CRB checked as a matter of ourse (in theory).
I seem to remember that even those holding a CRB checked licence ( Taxi /PH driver) usually have a chaperone with them , as do PCV drivers .
not necessarily - that's usually on specialist social care transport not routine school work etc.

Edited by mph1977 on Tuesday 25th June 23:03

GC8

19,910 posts

191 months

Tuesday 25th June 2013
quotequote all
[quote=Who me ?]
GC8 said:
Any bus or coach driver who works with children or vulnerable adults will be DBS/CRB checked as a matter of ourse (in theory).
I seem to remember that even those holding a CRB checked licence ( Taxi /PH driver) usually have a chaperone with them , as do PCV drivers .
You may well be right, but HC/PH always have and PCV drivers on contract will always have a CRB check.

liner33

Original Poster:

10,696 posts

203 months

Wednesday 26th June 2013
quotequote all
GC8 said:
I feel that this has been explained in the thread.

If I was you and I had a caution from 1985 or thereabouts then I would not have anything to worry about. The form doesnt state that the Rehabilitation of Offenders Act does not apply, so theyre only asking you about convictions that occured within the last ten years at the most.

If your employers did then start CRB checking all bus drivers then you still dont have anything to worry about, because a single caution will now be filtered from a DBS/CRB check after six years.

Relax, or youll fail your medical with high blood pressure!
Might have been explained for you but no one has picked up on my point

FWIW I dont have any convictions or cautions never even had a parking ticket, so for me its not applicable and I am already CRB checked since i work with children.

They clearly use the word "ever" on the form not only in the last ten years, they may not be authorised to ask the question but you cant answer the question truthfully if you dont include all offences

BUT WTF HAS NON DRIVING OFFENCES GOT TO WITH THE DVLA ??

WHY DO THEY NEED TO KNOW ??

CAN THEY BE TRUSTED WITH THIS INFORMATION??

chriscpritchard

284 posts

166 months

Wednesday 26th June 2013
quotequote all
liner33 said:
They clearly use the word "ever" on the form not only in the last ten years, they may not be authorised to ask the question but you cant answer the question truthfully if you dont include all offences
The ROI act states that unless exempt you *can* answer that question truthfully by not including spent offences, since in the eyes of the law it is as if you never had them (unless the job is exempt etc)...

Aretnap

1,665 posts

152 months

Wednesday 26th June 2013
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Indeed

Rehabilitation of Offenders Act said:
Subject to the provisions of any order made under subsection (4) below, where a question seeking information with respect to a person’s previous convictions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority—
(a)the question shall be treated as not relating to spent convictions or to any circumstances ancillary to spent convictions, and the answer thereto may be framed accordingly; and
(b)the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent conviction or any circumstances ancillary to a spent conviction in his answer to the question.
So unless an exception applies you're entitled to answer "no" if you only have spent convictions, however the question is worded.

If an exception does apply I'm not sure whether the person asking the question has an obligation to inform you that it's exempt from the ROA, but it would make sense if they were - otherwise how are you supposed to know without trawling through every exceptions order yourself?

mph1977

12,467 posts

169 months

Wednesday 26th June 2013
quotequote all
liner33 said:
<snip>

BUT WTF HAS NON DRIVING OFFENCES GOT TO WITH THE DVLA ??

WHY DO THEY NEED TO KNOW ??

CAN THEY BE TRUSTED WITH THIS INFORMATION??
Vocational Licences while they are administered by the DVLA are in the grant of the Traffic Commissioner

GC8

19,910 posts

191 months

Wednesday 26th June 2013
quotequote all
liner33 said:
They clearly use the word "ever" on the form not only in the last ten years, they may not be authorised to ask the question but you cant answer the question truthfully if you dont include all offences
You can. The Rehabilitation of Offenders Act makes 'no' the truthful answer where offences have become spent.

If the RoOA did not apply (say if you were applying for a shotgun certificate), then the question would have to state this and the D47P doesnt.

liner33

Original Poster:

10,696 posts

203 months

Wednesday 26th June 2013
quotequote all
mph1977 said:
Vocational Licences while they are administered by the DVLA are in the grant of the Traffic Commissioner
Semantics

GC8

19,910 posts

191 months

Wednesday 26th June 2013
quotequote all
Some people cant see their hand when its in front of their face.

Edited by GC8 on Wednesday 26th June 20:11

liner33

Original Poster:

10,696 posts

203 months

Wednesday 26th June 2013
quotequote all
Who is asking for help??

Who me ?

7,455 posts

213 months

Wednesday 26th June 2013
quotequote all
GC8 said:
You may well be right, but HC/PH always have and PCV drivers on contract will always have a CRB check.
Thanks, GC8, it wasn't clear in the post. In days pre CRB, Taxi /PH drivers had to have Police clearance ,locally.

GC8

19,910 posts

191 months

Wednesday 26th June 2013
quotequote all
:thumb: