Driving for Work: Mythbusters
52 common misconceptions – and the facts employers and drivers need to know
Myth 18: Employers have no legal right to check a driver’s licence
Employers not only have the legal right to check their employees’ driving licences, they have a legal responsibility to do so. Under health and safety law, employers must take reasonable steps to ensure that anyone driving on their behalf is legally entitled to do so and government guidance on driver risk management specifically addresses licence checking.
The DVLA’s online checking service makes this straightforward.
Employers who fail to check licences and subsequently employ a disqualified or unlicensed driver would be guilty of the specific offence of causing or permitting someone to drive without a valid licence.
If a driver refuses permission for their employer to check their licence, their employer would be expected to prevent them from driving until such a check had been successfully made. If they continue to refuse, their employer would be justified in redeploying them to a non-driving role or potentially terminating their employment altogether. Don’t forget to also check any drivers using their own vehicles for work journeys.
Driver takeaway:
Your employer has the legal right, and duty, to check your licence.
Refusing a check is not a right: it will and should result in you being removed from driving duties until the check is completed.
Manager takeaway:
Check all driving licences before employment and at regular intervals thereafter, at least annually, and immediately if you have any concern.
Use the DVLA online service and keep records. Failing to check and then permitting an unlicensed driver is an offence.
