As an employer of drivers of commercial vehicles, what are my responsibilities concerning the checking of my driver’s LGV licences?

Q

As an employer of drivers of commercial vehicles, what are my responsibilities concerning the checking of my driver’s LGV licences?

A

All employers of drivers of any sort have a duty to ensure that any drivers they employ that drive “on company business” have a valid licence for the class of vehicle they will be driving. For O-licence holders, this is also one of the obligations under the undertaking signed at the time of making the Licence application.

In addition to the risk to the O-licence, failure to carry such checks can lead to prosecution for “causing and permitting”, and there have been a number of successful prosecutions in recent years.

Section 87 (2) of the Road Traffic Act 1988 states that “it is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class if that other person is not the holder of a licence authorising him to drive a motor vehicle of that class”. There are also potential problems with regard to insurance validity if the driver is not correctly licensed.

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