Driving licence question
Discussion
liner33 said:
Just got my form D47P through to renew my bus and lorry entitlement was very surprised by this question
Have you ever had any findings of guilt , fixed penalties and cautions for offences not relating to driving??
If yes give details below
Seems a bit extreme!!
Traffic Commissioners - don't forget the TCs are responsible for ensuring the suitability of vocational drivers, bus drivers are not automatically eligible for Enhanced DBS/CRB checks - unlike PHV and Hackney drivers ( where it's done by the LA that grants the badge). Have you ever had any findings of guilt , fixed penalties and cautions for offences not relating to driving??
If yes give details below
Seems a bit extreme!!
Once again - as with all DBS/CRB type questions it;s not an automatic pass / fail issue
Its not that its a case of sharing personal information, DVLA have consistently demonstrated they cannot be trusted with personal data and will happily sell it on or lose it.
Not all convictions show up on a CRB check , quite how getting a caution for drunkeness when 18 would be applicable to a 45 year old bus driver I dont know.
Not that I have anything to put in the box personally but those that do have anything to hide would also leave it blank im sure
Not all convictions show up on a CRB check , quite how getting a caution for drunkeness when 18 would be applicable to a 45 year old bus driver I dont know.
Not that I have anything to put in the box personally but those that do have anything to hide would also leave it blank im sure
Easy tiger! The Rehabilitation of Offenders Act (1974) limits the time during which convictions have to be declared.
Someone cautioned for foolish behaviour when they were 18 will be able to honestly answer no to the criminal convictions question now, if they ever actually had to answer yes.
Everything less serious than two and half years in prison becomes spent after the qualifying period.
Someone cautioned for foolish behaviour when they were 18 will be able to honestly answer no to the criminal convictions question now, if they ever actually had to answer yes.
Everything less serious than two and half years in prison becomes spent after the qualifying period.
Edited by GC8 on Sunday 23 June 21:05
GC8 said:
Easy tiger! The Rehabilitation of Offenders Act (1974) limits the time during which any convictions have to be declared.
Someone cautioned for foolish behaviour when they were 18 will be able to honestly answer no to the criminal convictions question now, if they ever actually had to answer yes.
Everything less serious than two and half years in prison becomes spent after the qualifying period.
Q1. Declared to whom?Someone cautioned for foolish behaviour when they were 18 will be able to honestly answer no to the criminal convictions question now, if they ever actually had to answer yes.
Everything less serious than two and half years in prison becomes spent after the qualifying period.
Q2. Does the 1974 Act apply?
Declared to the DVLA on their D47P form, but the information is forwarded to the Traffic Commissioner for the applicants area.
Theyre looking for endorsements for interfering with speed limiters and tachographs, for committing drivers hours offences and falsifying tachograph records and using hand held phones whilst driving; and for criminal offences for PCV entitlements.
My understanding is that the Rehabilitation of Offenders Act does apply, but I would be surprised if I have told you anything that you didnt already know.
Theyre looking for endorsements for interfering with speed limiters and tachographs, for committing drivers hours offences and falsifying tachograph records and using hand held phones whilst driving; and for criminal offences for PCV entitlements.
My understanding is that the Rehabilitation of Offenders Act does apply, but I would be surprised if I have told you anything that you didnt already know.
agtlaw said:
GC8 said:
Easy tiger! The Rehabilitation of Offenders Act (1974) limits the time during which any convictions have to be declared.
Someone cautioned for foolish behaviour when they were 18 will be able to honestly answer no to the criminal convictions question now, if they ever actually had to answer yes.
Everything less serious than two and half years in prison becomes spent after the qualifying period.
Q1. Declared to whom?Someone cautioned for foolish behaviour when they were 18 will be able to honestly answer no to the criminal convictions question now, if they ever actually had to answer yes.
Everything less serious than two and half years in prison becomes spent after the qualifying period.
Q2. Does the 1974 Act apply?
as i said in my previous reply - bus drivers aren;t automatically required to have a CRB /DBS but PHV and hackney drivers are - the main difference being that Bus Drivers 'fitness to practice' is in the hands of the TCs rather than an LA.
http://www.dft.gov.uk/vosa/repository/STC%206%20Dr...
This link will take you an informative .pdf, signed by the lovely Beverley Bell who appears to be Senior Traffic Commissioner now. Im sure that drivers in the NW region will be breathing a sigh of relief.
This link will take you an informative .pdf, signed by the lovely Beverley Bell who appears to be Senior Traffic Commissioner now. Im sure that drivers in the NW region will be breathing a sigh of relief.
liner33 said:
Just got my form D47P through to renew my bus and lorry entitlement was very surprised by this question
Have you ever had any findings of guilt , fixed penalties and cautions for offences not relating to driving??
If yes give details below
Seems a bit extreme!!
At the risk of quoting myself the question clearly asks Have you ever had any findings of guilt , fixed penalties and cautions for offences not relating to driving??
If yes give details below
Seems a bit extreme!!
I have no problem with the questions for truck drivers re driving hours offences etc , they seem pertinent
mph1977 said:
people seem to forget that various bodies / roles are exempt from the RoA act
as i said in my previous reply - bus drivers aren;t automatically required to have a CRB /DBS but PHV and hackney drivers are - the main difference being that Bus Drivers 'fitness to practice' is in the hands of the TCs rather than an LA.
Quite. The same few people. as i said in my previous reply - bus drivers aren;t automatically required to have a CRB /DBS but PHV and hackney drivers are - the main difference being that Bus Drivers 'fitness to practice' is in the hands of the TCs rather than an LA.
liner33 said:
liner33 said:
Just got my form D47P through to renew my bus and lorry entitlement was very surprised by this question
Have you ever had any findings of guilt , fixed penalties and cautions for offences not relating to driving??
If yes give details below
Seems a bit extreme!!
At the risk of quoting myself the question clearly asks Have you ever had any findings of guilt , fixed penalties and cautions for offences not relating to driving??
If yes give details below
Seems a bit extreme!!
I have no problem with the questions for truck drivers re driving hours offences etc , they seem pertinent
2. see the document in the link GC8 posted
3. would you want someone convicted of a various crimes where the mobility and ability to secrete stuff away that being a truck driver offers to be driving trucks ?
4. if you went for a PH or hackney badge you have to get a Enhanced CRB / DBS check done
There are two issues here though , firstly having to provide information that you would not normally need to provide and secondly having to provide said information to the DVLA ie an untrustworthy organisation who is liberal with personal information
People seem to worry greatly about the government listening into personal conversations/emails but readily provide personally information to organisations with little though with what happens to that data afterwards
People seem to worry greatly about the government listening into personal conversations/emails but readily provide personally information to organisations with little though with what happens to that data afterwards
Criminal convictions aren't private, personal information - they're a matter of public record.
Aretnap said:
Criminal convictions aren't private, personal information - they're a matter of public record.
Cautions are not published to the general publicThis is what the Direct.gov site used to say:
"Non driving conduct - drivers of PCV vehicles
In addition, if you are applying for a PCV licence for a minibus or bus, you must tell DVLA about any other court convictions you have had - even if they are not to do with driving, for example, sex offences. DVLA need to know about these unless they have run out under the Rehabilitation of Offenders Act 1974."
"Non driving conduct - drivers of PCV vehicles
In addition, if you are applying for a PCV licence for a minibus or bus, you must tell DVLA about any other court convictions you have had - even if they are not to do with driving, for example, sex offences. DVLA need to know about these unless they have run out under the Rehabilitation of Offenders Act 1974."
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 ?
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