This safe loading legal update is brought to you by Nathan Taylor-Allkins, Criminal Defence and Road Transport Solicitor and Partner at Woodfines LLP

For many fleet managers and owners of commercial vehicle companies, one of their most valuable assets, if not the most valuable, is their staff. However, keeping employees safe while driving on the road is a difficult challenge, and a constant worry for many managers and owners. This includes in relation to their employees’ fitness to drive.

DVLA – what do they need to know?

The term “fitness to drive” is not merely limited to the eyesight test of reading a number plate from 20 metres away conducted as part of the practical driving test. As the Royal Society for the Prevention of Accidents state in their Fitness to Drive Review for the Road Safety Observatory:

“Driving is a complex activity that requires a combination of physical and cognitive skills that can be adversely impaired by a wide range of fitness and health conditions. These conditions can affect the driver’s performance and increase their crash and/or injury risk. A condition that impairs perception, cognition (including alertness, attitude to risk, or memory) or motor function has the potential to impair a person’s ability to drive safely.  It may be constant (such as a vision defect), episodic (such as a sudden loss of consciousness), or temporary (such as a severe cold or migraine). It may be a condition that becomes worse over time, such as a neurological disease.”

It is important to remember that it is the driver who is personally responsible for ensuring that they are fit to drive and for informing the Driver and Vehicle Licensing Agency (DVLA) if they develop a new medical condition, or if an existing medical condition gets worse. The DVLA have published useful guidance and an online service for drivers to check if a condition needs to be reported which can be found via these links:

• use the online service to check if your condition needs to be reported
• check the A to Z list for your condition

Fitness to Drive – are you reporting correctly?

Significantly, the question on whether to report to the DVLA is not dependent on whether the condition affects the driver’s ability to drive and this is a common misconception. Not all reportable medical conditions will result in a licence being revoked or refused. Some drivers may be granted a restricted licence that is valid for up to three years, after which they must re-apply for their licence. Others may be unaffected provided that they are managing their condition appropriately.

However, failing to notify the DVLA of a new condition or of an existing condition having become more acute is a potential offence under Section 94 of the Road Traffic Act 1988, which is potentially punishable by a financial penalty up to £1,000.

Such a failure may also have an unintended, yet significant, impact on the validity of the driver’s policy of insurance and, of course, could impact their employer and their fleet insurance cover as well. Other offences may also be committed should the driver continue to drive following a revocation or refusal of their licence or if they are driving with uncorrected defective eyesight.

Fleet Managers – action on Fitness to Drive

So, what are some practical things that employers and fleet managers can do in relation to their fleet drivers?

• Firstly, at the recruitment stage you can make an offer of employment conditional on receipt of a satisfactory medical report or medical questionnaire.  It is lawful for employers to do this where it is necessary to obtain medical evidence to be sure that a job applicant is physically able to undertake the role, including the need to test vision for a role which requires a particular level of eyesight or to understand if a prospective employee is taking medication that may impair their driving capabilities. You may also wish to consider, whether you wish to require a prospective employee to take an alcohol or drugs test before starting employment.  The use of such tests must be justified, necessary and proportionate.
• In addition, during employment, it is a good idea to ensure that medical information is updated on a regular basis to ensure continued fitness to drive and you may wish to consider regular alcohol and drug testing for all employees who undertake driving duties. Further advice should be sought from an employment solicitor to ensure that requests for medical information or testing are done lawfully, whether at the recruitment stage or during employment.
• You should consider implementing (or updating) clear and readily available road risk policies in respect of fitness to drive, including eyesight requirements, which:
  • Remind drivers of their responsibilities as set out above
  • Remind drivers of what the minimum medical standards and rules are as set by the DVLA and how checks can be made. (Remember if your fleet includes Group 2 vehicles (large vehicles over 3,500kgs, minibuses and buses) the minimum medical standards are more stringent than the rules for Group 1 drivers (cars and motorcycles).
• Recognise that mental health is an important aspect of fitness to drive and poor mental health can be associated with poor driving behaviour.

Fitness to Drive – the impact on your business

Although, as explained above, it is the driver’s responsibility to ensure they are fit to drive, it can impact the business if they are not fit to drive or their insurance is affected. An employer also has a duty of care towards its own employees and vicarious liability where its employees cause injury to others.  These issues, which are beyond the scope of this article, reinforce how essential fitness to drive is as part of road safety and how taking an informed, proactive and supportive approach with your drivers regarding what can be a sensitive and highly personal issue, should hopefully protect everyone involved.

Further assistance on any of the criminal, civil or employment law matters raised in this article, are available from Woodfines LLP.

The information provided on this article does not, and is not intended to, constitute legal advice; instead, all information, content, and links in this article are for general informational purposes only.  Information in this article may not constitute the most up-to-date legal or other information.