Driving licence check requirement

[Turbobanana]

Morning all

My employer (a nationwide, government-funded organisation) has asked that anyone who drives for and on behalf of work grants permission for them to check our driving licences.

There are some folk in the business who have job-requirement cars: fair enough. There are some who drive works - owned vehicles: fair enough. There are some who occasionally have to hire a car for a specific reason: fair enough.

For the rest of us, there is a requirement to have "business use" cover on our private vehicle policies, if we ever need to drive to a location other than our regular place of work. This happens often, so I'm happy to have the use clause on my policy, even if it costs a few quid to do so.

Today I've been told that I can only use my car for business use if I allow the business to check my driving licence. This feels unnecessary as I don't have a company vehicle or drive the works vans etc, and the last time I drove a hire car paid for by the business was around 5 years ago - since then, on the occasions I drive to a different work location (for example, a training centre, different office or a volunteering day) I use my own car with my own business use insurance.

What's the collective view - does this seem necessary? Anyone with any legal insight care to offer any thoughts?

For info, I have nothing to hide: no points, no endorsements, no bans etc. Perhaps I'm not trying hard enough

Thanks in advance.

[sixor8]

It may be a stipulation of their business insurance to ensure all employees driving to work are legally allowed to?

It's common practice to check for a driving licence after a driving employee has had a random day off, he may have been to court.....

[AB]

sixor8 said:

It's common practice to check for a driving licence after a driving employee has had a random day off, he may have been to court.....

Really!?

[randlemarcus]

The vast majority of the sites on Google telling us that some obscure part of HSE legislation REQUIRES at least an annual check also seem to be selling outsourcing licence check services. My cynical head says that some HR drone has seen an ad, and bought a universal service, and blanket enrolled the company and all employees.

I'd be trying for a quiet chat, asking who is processing the data, how its being stored, how often checks are made, and what they are going to do if you don't give them the data. If you want to stir the pot a bit, ask them why they are checking the licences, and not the MOTs

[vaud]

For fleet vehicles it is a legal requirement as I understand it.

For private vehicle I would guess it is duty of care under H&S. Suppose you didn't have a licence and were giving a colleague/client a lift and had a crash while on company business?

I am not a fleet manager or a lawyer.

[Turbobanana]

randlemarcus said:

The vast majority of the sites on Google telling us that some obscure part of HSE legislation REQUIRES at least an annual check also seem to be selling outsourcing licence check services. My cynical head says that some HR drone has seen an ad, and bought a universal service, and blanket enrolled the company and all employees.

I'd be trying for a quiet chat, asking who is processing the data, how its being stored, how often checks are made, and what they are going to do if you don't give them the data. If you want to stir the pot a bit, ask them why they are checking the licences, and not the MOTs

This is spot-on. There are strong hints that someone has done exactly what your cynical head suggested.

I have requested more information, because they also seem to stipulate that private cars used for business purposes must demonstrate proof of servicing/maintenance to manufacturer’s standards and have a current MoT (if over 3 years old, obvs - although one of mine is Tax / MoT exempt by age).

[Turbobanana]

vaud said:

For fleet vehicles it is a legal requirement as I understand it.

For private vehicle I would guess it is duty of care under H&S. Suppose you didn't have a licence and were giving a colleague/client a lift and had a crash while on company business?

I am not a fleet manager or a lawyer.

This is a valid point, I suppose. Feels a bit nannyish, though.

[sixor8]

AB said:

sixor8 said:

It's common practice to check for a driving licence after a driving employee has had a random day off, he may have been to court.....

Really!?

If you're an LGV driver yes. It happened a couple of times to friends of mine, randomly asking to see their licence. There were regular checks too, they'd had an issue with a tanker driver driving whilst banned. This was quite some years ago though so there may be a database check more easily.

[vaud]

Turbobanana said:

This is a valid point, I suppose. Feels a bit nannyish, though.

When it comes to fines and/or corporate manslaughter it is a very small and easy box to check.

[Turbobanana]

vaud said:

Turbobanana said:

This is a valid point, I suppose. Feels a bit nannyish, though.

When it comes to fines and/or corporate manslaughter it is a very small and easy box to check.

Thanks vaud - good insight.

[Drumroll]

I really don't see the issue, but what I would do is give them a checking code. but not show my licence.

As has been said this check is often outsourced and they frequently want, your driving licence number and your National Insurance number as well as your postcode. It is a bit of grey area as far as the law is concerned, because that information should be used by you to check your information. Everybody else you should give them a check code.

https://www.gov.uk/view-driving-licence

[Turbobanana]

Drumroll said:

I really don't see the issue...

It's not really an issue, just not something I've ever encountered before without an obvious need (for example, when I was in the motor trade there was a reasonable need to demonstrate entitlement to drive).

[Joeywinkle]

I think we potentially may work for the same employer....however my case is different as I do use hire cars and pool cars.

I've had to do my check twice this year already for two different departments!

[Pica-Pica]

vaud said:

For fleet vehicles it is a legal requirement as I understand it.

For private vehicle I would guess it is duty of care under H&S. Suppose you didn't have a licence and were giving a colleague/client a lift and had a crash while on company business?

I am not a fleet manager or a lawyer.

That would be my take. It’s mitigating the risk of a big claim and a court case. Additionally, some companies have vans over 3.5tonne and below 7.5 tonnes, not all ‘car’ driving licences cover that now, and not all drivers would be able to tell a 4.25 tonne from a 3.5 tonne van.

[Drumroll]

Turbobanana said:

It's not really an issue, just not something I've ever encountered before without an obvious need (for example, when I was in the motor trade there was a reasonable need to demonstrate entitlement to drive).

The obvious need as they see it is, you could be asked to go to another location during works time. So they do "need" to see your entitlement to drive.

[IJWS15]

At a previous company we had several hundred drivers, mostly in company vehicles.

It was surprising how often a new starter kept forgetting to bring in his/her driving licence . . . . it normally meant that they didn't have one or were banned. There was one whose license showed an address other than her home address and she refused to change it

THese systems allow the company to have evidence that anyone driving a vehicle for the purpose of the business has a valid licence and any endorsements are acceptable to the business.

It wouldn't be unreasonable for them to ask to see your insurance certificate either. My employer doesn't but I have to confirm in writing that I have business cover. If you don't like it don't drive.

It is when one of the staff are involved in a fatal RTC that the seniors get really twitchy.

[Tankrizzo]

It is exactly down to risk, using your own car on company business is called grey fleet and it's a bit of a headache for employers. They have a duty of care to check you're entitled to drive if they're asking you to drive to workplaces other than usual.

The check isn't anything to worry about, usually they're only concerned that you have a valid licence.

[Turbobanana]

Thanks for your input everyone. I'm not in any way concerned about giving my details as I have no reason to be, I just found it a little surprising given I don't drive anything they own / lease / hire, but I do understand the level of arse covering alluded to in many of your responses particularly regarding carrying colleagues etc.

I have requested access to the portal to submit my details and await our beloved IT department actioning my request.

Case closed, thanks once again.

[Hol]

Pica-Pica said:

vaud said:

For fleet vehicles it is a legal requirement as I understand it.

For private vehicle I would guess it is duty of care under H&S. Suppose you didn't have a licence and were giving a colleague/client a lift and had a crash while on company business?

I am not a fleet manager or a lawyer.

That would be my take. It’s mitigating the risk of a big claim and a court case. Additionally, some companies have vans over 3.5tonne and below 7.5 tonnes, not all ‘car’ driving licences cover that now, and not all drivers would be able to tell a 4.25 tonne from a 3.5 tonne van.

I’m not a Life Insurance expert and won’t insist it does as I honestly don’t know, but potentially could a ‘death in service’ life policy have a clause to withhold payout if the employee should not have been driving at the time of an accident (for whatever reason)?

[speedking31]

sixor8 said:

It may be a stipulation of their business insurance to ensure all employees driving to work are legally allowed to?

It's the OP's business cover on his personal policy, nothing to do with the company's insurance.