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Understanding the Law – DVLA Licence Checks and Penalties

Legislation states that employers must take all reasonable action to ascertain that a driver is permitted to drive and that they have a licence for a particular class of vehicle.

Endorsements, disqualification and licence revoked information is rarely offered by the individual and it counts as a legal offence if an employer neglects to secure proof that an individual holds a valid driving licence.

1 in every 300 licences is expiring or has been revoked so employers shouldn’t take chances.

To check driver licences before someone sits in a company vehicle must be a priority.

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You must comply with:

  • Health and Safety at Work Act (1974) (2)
  • Road Traffic Act (1988) Section 3
  • The Corporate Manslaughter and Corporate Homicide Act (2007)
  • Insurance requirements.

DVLA licence checks can be made through companies like Fleet Licence Check and there are varying levels of information and costs. The fee payable is tiny compared to the risk taken by not taking time to check driver licences.

DVLA is the only source that carries real time data and the official information. Fleet Licence Check and similar firms are accredited and work with the DVLA so you have peace of mind that data is correct.

Don’t take information from another licence checker that is not associated with the DVLA.

Penalties

New drivers

New drivers who get 6+ points within 2 years of passing their driving test find that their licence is revoked.

Any points earned on a provisional licence are carried to the full licence.

The theory and practical driving test and provisional licence must be sought again to achieve a full licence.

This applies to new drivers in:

  • Great Britain including Northern Ireland.
  • Isle of Man.
  • Channel Islands.
  • When a foreign licence is exchanged for a British driving licence and a new test passed.

And prior to Brexit:

  • European Community.
  • European Economic Area.

The amount of time that endorsements remain on a DVLA licence depends on the severity of the offence.

The time period can start from the date of the offence or the date of conviction. Endorsements are removed automatically when they become invalid after a four or eleven-year period.

e.g. Drink driving offences remain valid for eleven years.

Dangerous driving carries four year validity but causing death by careless driving and not providing a specimen is eleven years as is death by drug driving.

Penalty Points

Every offence has its own coding and range of penalty points. 12 points within 3 years results in a disqualification from driving.

  • Driving whilst disqualified by order of the court: 6 points.
  • Failing to stop after an accident: 5-10 points.
  • Causing or likely to cause danger through passenger load: 3 points.
  • Using a vehicle uninsured against third party risks: 6-8 points.

It’s highly unlikely that a job candidate or employee would volunteer information about endorsements which would affect their employment so the responsibility to make DVLA licence checks must rest with the employer.




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