There are many people employed in businesses who require driving licences, this can be as:
- Vocational HGV or PSV driver
- Van driver
- Company Car Driver
- Grey fleet driver – own car and claim expenses.
It should be a Company policy that the drivers have their licence entitlement checked on a regular basis, but it does not stop at that as a recent enquiry from a long-term client of ours showed.
Good quality v points check
The client carries out HGV Driving Licence checks every 3 months and, importantly, compares all of the details on those licences this includes:
- Changes to Points
- Changes to category’s
- Renewal dates of licences
- Tachograph card serial number (where applicable)
- Drivers home address – on this occasion an important check, as it transpires.
Why the address and its important?
One, it helps keep records up to date, it ensures the driver can get updates sent to them by the DVLA or Police correctly.
Two, it highlights how far the drivers commute to their place of work is. In this case, it showed the driver had moved from living around a 20-minute commute from their place of work, to now a 1hour 50 – 2-hour drive away, on a good clear run with no delays.
A long commute, yes, and added to the role of the driver in the business, it represented a significant risk.
The drivers for this company work on a regular double crewed set of runs with shifts (legally planned and executed) of between 13 – 15 hours in length. Perfectly within the bounds of drivers’ hours and working time legislation.
Allowing for the approximate 2 hour commute each way, that is between 17 and 19 hours out of the house each shift, leaving the very maximum of 5 hours to get sleep, food and out of the door and head back to work. This stood out to the business, as they flagged concern about the true rest time this driver might be getting.
Commuting to work
It may surprise some people to know that there is no legal definition or maximum limit on the amount of time a person can take to commute to work. A driver is free to choose to live where they wish and work where they wish. That being said, the company that they work for, irrespective of the type of vehicle, and the driver themselves have a number of factors to consider:
- Health & Safety at Work Act 1974 – Duty of care to those affected by your work
- Health & Safety at Work Act 1974 – Duty of care to others
- Road Traffic Act 1988 – Dangerous driving, Driving without due care and attention etc.
- Road Vehicles (Licencing of Operators) Act 1991 – Repute
Fatigue v Tired
Tiredness is a temporary state of low energy relieved by sleep, whereas fatigue is a chronic, persistent, and deep exhaustion that does not improve with rest.
Tiredness is a natural response to exertion, while fatigue is often an underlying symptom of medical conditions, mental health issues, or lifestyle imbalances.
Conclusion
Having a driver, or any employee for that matter, in a position where you know they will be unable to get sufficient rest over a prolonged or permanent basis that outs them, their colleagues and the general public at risk cannot be allowed.
If the driver has moved house and has, by their actions made themselves unsuitable for the role that they have, then either a solution that brings them back into a legal position (staying in a local B & B for example at their own cost) must be found, or the driver cannot be considered suitable for the role that they have and they in effect make themselves redundant.
Do you carry out proper in full driving licence checks on a regular basis?
For help with this please contact A S Miles Support Services on 0116 309 0409 or email info@asmilessupportservices.com