Laura Smith from Backhouse Jones solicitors explains the new regulations relating to driving licence checks in the UK following the introduction of GDPR.

 

 

Form D976, which could previously be used by employers to gain permission from their drivers to carry out driving licence checks, has now been replaced by forms D888/1 and D906, following the implementation of the General Data Protection Regulation (GDPR) on 25 May, 2018. 

The previous form D976 allowed the permission gained from drivers to remain valid for a period of three years, meaning that employers could carry out as many licence checks as they wanted within this period, provided the driver continues to drive for that employer.

The consent gained by using the current form D888/1 will now only remain valid for a period of three months, which is likely to cause difficulties, especially for larger transport companies as they would have to regain permission to carry out licence checks every three months.

The alternative form D906 remains valid for three years after the driver’s signature, however this form is not available on gov.uk and can only be used by companies with a prefunded account with the DVLA, who will be sent the form directly.

Any consent form completed before 25 May, 2018 will remain valid for a period of three years from the date of the driver’s signature or until the driver ceases driving for the employer.

There are alternative ways that an employer can carry out driving licence checks on their drivers. The employer can request the driver to generate a check code by entering their driving licence number, NI number and postcode on the government website. This check code can then be used by the employer to check the driver’s licence online. The check code remains valid for 21 days from the date that it was generated but it can only be used for one check.  There is no fee for carrying out an online licence check.

Driving licence checks can also be carried out by telephone. For this, the driver would have to call the DVLA first and leave permission for the employer to carry out the check. The employer can then call the DVLA to perform the check. Alternatively, the driver can be present whilst the employer makes the call to the DVLA.

Another option for employers is to use an external licence checking agency, who would be accredited to the DVLA, to give instant access to drivers’ licence details, without the need for the driver to generate a check code each time.

Bio

Laura Smith Laura joined Backhouse Jones in 2008 having studied in Liverpool to obtain her LLB (Hons) degree in Law. Laura advises on a broad range of commercial disputes ranging from contracts of carriage issues, debt recovery, sales of goods and services, HM Revenue & Customs disputes, and high value recovery and loss of use matters for clients.