Check before you drive

Q. Is there a legal requirement for drivers to carry out the daily walk around check? And what are the possible consequences of a driver not carrying out the walk around checks or recording the fact?

A. There is no specific legislation that categorically states that a driver must carry out a walk around check before driving a vehicle. However, there are offences for driving a vehicle in an unroadworthy condition.

From an operator’s position, failure to ensure walk around checks are being carried out also could be deemed to be in contravention of the operator’s licence declaration to ensure: "Drivers report promptly any defects or symptoms of defects that could prevent the safe operation of vehicles and/or trailers, and that any defects are recorded in writing". Failure to meet this obligation could result in you losing your operator’s licence.

The reporting of these defects or symptoms of defects is carried out on a driver’s walk around check sheet and/or defect report. At a roadside check or a court hearing these reports may be used as a driver’s mitigation/defence that a defect occurred during the journey through being able to show that the vehicle was in a roadworthy condition at the start of the day.

With the introduction of graduated fixed penalties the evidence of a walk around check by the driver may also help the driver avoid being issued with a fixed penalty if a defect is found. This could prevent the driver receiving a fine and in some cases penalty points on his/her driving licence.

Number of charts for roadside check

Q. I know the driver has to keep 28 days of tachograph charts for roadside checks as well as the chart in the head. Does this mean they have to have their last 28 charts with them?

A. No, the legal requirement is for a driver to be able to produce at a roadside check the tachograph charts covering, a minimum of, the current day and the previous 28 calendar days. Obviously if the driver did not drive on certain days, for example, weekends, holidays etc then the driver would not have charts for these days and is therefore not required to produce them. If, however, the driver has worked a non driving day during a driving week, for example a day working in the warehouse, then that driver would need a record of that work, usually a manual entry on a blank chart showing other work.

Photocard driving licences

Q. I have a driver with a photocard licence but the photo is now out of date although the driver’s licence entitlement is still in date. Can this driver still drive?

A. Your driver is entitled to drive due to the entitlement still being valid. However, the driving licence is not correct because of the out of date picture. Although this is an administrative exercise, the driver can still be fined up to £1,000, so your driver should get the photo updated on the licence as soon as possible.

Other situations that can result in the driver having an incorrect licence, other than the photograph being out if date, would include change of address, getting married (change of surname) and changing name by deed poll.

Keeping addresses up to date on driving licences is important because of the introduction of the roadside deposit scheme. Deposit payments can be requested by the Vehicle and Operator Services Agency (VOSA) or the police if a driver is unable to provide a satisfactory UK address. These effectively amount to an on-the-spot fine (which an alleged offender can choose to contest in court if they wish to do so). Most holders of UK driving licences will be able to supply a satisfactory address without the need to carry any additional documents, as VOSA and the police will be able to check their given address against Driver and Vehicle Licensing Agency (DVLA) records. It is therefore important to ensure that drivers are reminded to keep their address details on their driving licence up to date.

Agency drivers

Q. We are expecting fluctuations in our transport business, so will be more reliant on the use of agency drivers than at present. Do you have any advice on choosing the right agencies to deal with?

A. Agency drivers fulfil an important role in keeping the wheels of businesses moving – quite literally. However, using a driver who is unfamiliar with an operation and who is unknown to the operator carries with it some significant pitfalls, particularly as you are responsible in law for the safety and compliance of the driver once they are under your control.

When researching which agencies to use, there are a number of factors that may be important to you. However, the key balance is likely to be around the cost verses the level of customer service and how you feel about the agencies’ working practices.

To assess an agency’s working practices, it is important to investigate how the agency operates. If you ask an agency if it regularly checks driving licences, it will almost certainly reply ‘yes’. But if you ask ‘how’ it checks for driver licence entitlement, you are more likely to get a better picture of the organisation and, more importantly, if they are the sort of operation you want to do business with it. The fact that an agency may not have robust procedures in place may not necessarily mean that you do not use them. However, the shortcomings must be addressed by your own systems and, of course, you would expect this to be reflected in the price.

The following form lists examples of the sorts of questions you may wish to put to potential suppliers of agency drivers. Ask them how they:

• check a driver’s identity and employment history
• regularly check driving licences and ensure drivers are reminded of the medical/eyesight standards
• test drivers for knowledge and competence in:
  • drivers’ hours and records rules
  • routine vehicle defect checks
  • working time rules
  • highway code
  • safe/defensive driving techniques
  • fuel efficient driving
  • safe and legal loading
  • use of specialist equipment
• ensure drivers are kept up to date on changing legislation, such as digital tachographs and the forthcoming Driver CPC
• ensure compliance with the road transport working time rules
• match a driver to your requirements
• assess the health and safety risks at your premises and other sites
• ensure tachograph charts are returned to you
• ensure you receive digital tachograph data if you forget or are unable to download data from a driver’s digital tachograph card

Belt up

Q. We have a mix of vehicles, but most of them have seat belts fitted. However, some of my drivers do not wear them and tell me that delivery drivers are exempt from having to. What does the law say?

A. The law on anchorage points and seat belt fitment is extremely complex and the requirements differ significantly depending on the vehicle, date of first use and the seat concerned. On the other hand, the law on wearing of seat belts is simple and clear. In most cases, if a seat belt is fitted, even voluntarily, it must be worn.

There are some exemptions, including using a vehicle constructed or adapted for delivery or collection of goods or mail but only when travelling no more than 50 meters between stops. However, even where an exemption could be applied, you must also consider your position as an employer in terms of your common law duty of care to employees as well as your obligations under the Health and Safety at Work Act. You must ensure the safety of your drivers as far as is reasonably practicable, and the benefits of wearing seat belts are well documented. Think of them as another form of personal protective equipment. So I would recommend you insist that all your drivers wear their seat belts at all times by way of a formal organisational policy, which should be regularly monitored for compliance.

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