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Employers often rely on driver self-declaration but ensuring compliance with legislation like the Road Traffic Act 1988, Health and Safety at Work Act 1974 and accompanying Regulations is crucial.
Vehicle first use checks
Enforcement agencies can stop any commercial vehicle regardless of operator licence scope. Organisations must be sure drivers know what to check to comply with expected maintenance standards, and provide tools (such as a torch, and tyre gauge) and a formal method of recording the checks using logbooks or dedicated apps.
Documenting checks and identifying defects is just part of the process. These must be passed on and defects repaired and rectified by a competent person, with sign off. Checks made where no defect is identified are equally important, and recording as such shows a positive maintenance regime if audited.
Driving licence validity
Licence checking through the gov.uk portal with a mandate or code, or alternatively via a third-party service meets compliance with the Road Traffic Act 1988 s87. Annual licence checks are common, yet the recommended interval is every six months, increasing if the driver has endorsements.
The risk management approach is six months for zero-to-five points, three months for six-to-eight points and monthly for nine points and above. A driver who gains endorsements could be banned from driving by exceeding 12 points (six points for those with less than two years’ experience).
The worst-case scenario is for the driver to have served the ban and then applied for their licence, with the employer being none the wiser if an annual check is in place. Having no licence invalidates insurance, leaving your organisation vulnerable in the event of a claim.
Eyesight
Good eyesight is fundamental to safe driving. Identification of hazards and signs in all light conditions, with or without correction (glasses or contact lenses) is essential. Eyesight naturally deteriorates slowly over time due to age or ill health and we often do not notice the gradual changes.
Vocational drivers are known to have a higher average age so may be more susceptible. Drivers aged over 45 are subject to a Group 2 DVLA medical, which includes eyesight tests every five years until 65, when it reverts to an annual check. Many organisations put the onus on employees to check their eyesight more frequently and there is an obvious individual responsibility. Regular eyesight checks can also help identify health conditions.
Employers are required (under the Health and Safety at Work Act) to manage the health, safety and welfare of their employees. This can encompass medical checks with eyesight compliance part of that. This can be achieved with randomly placed number plates in the yard, ensuring the driver can read it comfortably from a minimum distance of at least 20 metres. A record of checks should be kept on file, with drivers referred to an optician or occupational health if necessary.
Health checks
Historic high profile collisions have highlighted the need to ensure organisations know their drivers are medically fit to drive. While a vocational driver undergoes a five-year DVLA medical, employers must be sure there has not been a change in the intervening time
Drivers may be unlikely to self-report for fear of being withdrawn from driving duties or the job. The DVLA D4 medical form identifies differing areas of concern, so an employer’s form can be created to mirror those health conditions.
An annual declaration is recommended at the yearly employee review. It could also be linked to claiming back mileage for drivers of grey fleet and pool cars to ensure full capture. If the driver fails to declare a relevant and known health condition, there is little the organisation can do, but it has gone a long way to meet the legal obligations.
Telematics
Vehicle data recorders, or telematics, have been around for years and provide valuable insight into a driver’s style. They identify trends and can defend claims but can produce copious amounts of data. Keeping on top of the analytics is key to reducing incidents as drivers who speed, or corner fast may be at more risk of a collision in the future.
Collecting data but not using it, could form part of a later investigation should a serious incident occurs. It is imperative to act on the information early through toolbox talks, education programmes and ultimately discipline if extreme or through non-compliance.
Black boxes alone do not identify behaviours. Cameras are required, but many organisations struggle to fit these, even forward facing, through concern over driver intrusion. However, it is difficult to determine adverse behaviours such as tailgating, mobile device use, or fatigue without them, or indeed, effectively defend a spurious claim without visual evidence.
Driver compliance applies to all those who drive for your organisation, whether in a company vehicle or in their own in the course of their duties. The duty of care is set out in legislation, and the above points provide just a snapshot of some issues. Relying on self-reporting is not sufficient, but with active management and preventative steps, and employer can ensure the organisation, the driver and other road users are protected.
