How to find out if employee disqualified from driving ?
Discussion
I don't think you (as Joe Public) could find out without the involvement of the employee in question.
Because of the DPA and the like, the employee's consent would almost certainly be required before the DVLA would divulge such information.
There are companies which offer licence checking services but these are also likely to require the consent of the employee before they are able to undertaken any checks.
edit to add:
We had a similar problem with a '9 point' employee a few years back. Until he could provide confirmation of his entitlement to drive (fax from DVLA), he was suspended from all duties and was specifically forbidden (in writing) from driving a company vehicle.
We felt we had no alternative but to suspend him in order to protect ourselves from any causing / permitting charges which could have come our (my) way if it transpired that he had been disqualified..
Because of the DPA and the like, the employee's consent would almost certainly be required before the DVLA would divulge such information.
There are companies which offer licence checking services but these are also likely to require the consent of the employee before they are able to undertaken any checks.
edit to add:
We had a similar problem with a '9 point' employee a few years back. Until he could provide confirmation of his entitlement to drive (fax from DVLA), he was suspended from all duties and was specifically forbidden (in writing) from driving a company vehicle.
We felt we had no alternative but to suspend him in order to protect ourselves from any causing / permitting charges which could have come our (my) way if it transpired that he had been disqualified..
Edited by SS2. on Tuesday 13th November 16:02
Local Magistrates court would be worth a go? If it was a case in front of the Mags the result would be on record.
I take your point about him producing a spare "lost" licence but you could (and perhaps should?) beef that up with a declaration that says an employee must notify you of any convictions/disqualifications and giving their confirmation that they do not have any convictions/qualifications that they have not disclosed to you. If your employee lies and is prepared to sign the declaration it doesn't solve your problem however it may give you a stick to beat him with in the event of an accident in which he is uninsured as a result of non-disclosure.
If you have it on good authority that he's been disqualified the big and adult way to deal with it would be to ask him? Have you? Do you have any alternative employment you can offer him whilst he's DQ'd (if that is the case?)
I take your point about him producing a spare "lost" licence but you could (and perhaps should?) beef that up with a declaration that says an employee must notify you of any convictions/disqualifications and giving their confirmation that they do not have any convictions/qualifications that they have not disclosed to you. If your employee lies and is prepared to sign the declaration it doesn't solve your problem however it may give you a stick to beat him with in the event of an accident in which he is uninsured as a result of non-disclosure.
If you have it on good authority that he's been disqualified the big and adult way to deal with it would be to ask him? Have you? Do you have any alternative employment you can offer him whilst he's DQ'd (if that is the case?)
Lewy said:
Yes, we already have that procedure in place but employees could submit a license they have never sent back when disqualified, by claiming to have lost it.
Just ask him to supply his licence? If he produces a fake/ invalid one then its him who will be done for driving whilst disqulified not you.FiveStar said:
If he produces a fake/ invalid one then its him who will be done for driving whilst disqulified not you.
Not necessarily..Road Traffic Act 1988 said:
87 - (2) It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class.
For conviction of the employer for causing or permitting, the prosecution would not necessarily be required to prove that an employer actually knew that the employee was not entitled to drive.Although case law indicates that the employer must, at the very least, take 'reasonable (and regular) steps' to ensure that all employees are entitled to drive when so directed.
SS2. said:
FiveStar said:
If he produces a fake/ invalid one then its him who will be done for driving whilst disqulified not you.
Not necessarily..Road Traffic Act 1988 said:
87 - (2) It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class.
For conviction of the employer for causing or permitting, the prosecution would not necessarily be required to prove that an employer actually knew that the employee was not entitled to drive.Although case law indicates that the employer must, at the very least, take 'reasonable (and regular) steps' to ensure that all employees are entitled to drive when so directed.
I think it comes down to a 'duty of care'. If you require all employees to produce their licence and if you make a photocopy of all the licences at least once a year, then you should be OK.
These days many people have a duplicate licence due to the possible need to send the licence to have 'camera points' added and the inability to travel abroad and rent a vehicle whilst the DVLA add the points and return the licence. So, if disqualified, an employee may well produce a duplicate. An employer can do little about this, but if it can be demonstrated that the 'duty of care' was taken by viewing and copying the licences presented, that should absolve an employer from any guilt.
With the level of disqualifications from the spiteful cameras increasing, can one really not understand why some take the risk of DWD, much as we depracate it on here. Who can honestly say that faced with loss of job, loss of long-established career, loss of home, loss of quality for ones children who would be deprived of things their friends have, and the probable effect on ones marriage, that they would not drive whilst disqualified. Be honest now. It's easy to say that one would never do it, but, really, would you, could you?
These days many people have a duplicate licence due to the possible need to send the licence to have 'camera points' added and the inability to travel abroad and rent a vehicle whilst the DVLA add the points and return the licence. So, if disqualified, an employee may well produce a duplicate. An employer can do little about this, but if it can be demonstrated that the 'duty of care' was taken by viewing and copying the licences presented, that should absolve an employer from any guilt.
With the level of disqualifications from the spiteful cameras increasing, can one really not understand why some take the risk of DWD, much as we depracate it on here. Who can honestly say that faced with loss of job, loss of long-established career, loss of home, loss of quality for ones children who would be deprived of things their friends have, and the probable effect on ones marriage, that they would not drive whilst disqualified. Be honest now. It's easy to say that one would never do it, but, really, would you, could you?
FiveStar said:
so as long as the employer asks to see the licence he is ok?
It would be good to think that common sense would prevail in such circumstances..But the combination of law which is not clear cut on the subject and the crapshoots that are our Magistrates' Courts means I make doubly certain to cover all bases when dealing with employees and their licences here at work..
Asking for the licence is good but as I said above I would include a declaration from the employee that they don't have points/DQ's that are not on the licence AND that they understand that they must advise you immediately that they receive points/DQ's.
I'd want something more robust than a one off process that potentially leaves you exposed for the remainder of the year.
People will often lie verbally and hope to talk their way out of it at a later day "I didn't know/you didn't ask", but a clear declaration is tougher for them to avoid.
I'd want something more robust than a one off process that potentially leaves you exposed for the remainder of the year.
People will often lie verbally and hope to talk their way out of it at a later day "I didn't know/you didn't ask", but a clear declaration is tougher for them to avoid.
Go to your local police station. Ask to speak to a police officer (not the civilian duty clerk) and tell him/her about the issue and that you are concerned because you are his employer and the implications it may have on you and your business. I think you will find that if you supply the details. You may get confirmation from the officer!
Bingo Brian said:
SS2. said:
I don't think you (as Joe Public) could find out without the involvement of the employee in question.
I think the DVLA take bribes for info (and issue receipts) - just ask any cowboy clamping firm...But not for licence details, AFAIK..
On a not very related note, I dont think its fair to ask to see everyones driving licenses if its not relevant to their role - although obviously it may be in your case.
Our company asked for details of all our DLs and insurance details, even though we have no company cars / dont drive for business. So we told them no
Our company asked for details of all our DLs and insurance details, even though we have no company cars / dont drive for business. So we told them no
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