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Driving while disqualified

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KJN | 22:04 Sun 22nd May 2005 | Motoring
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If a person gets a driving job whilst disqualified due to speeding and the employer does not ask to see the license before employing them. if or when they get caught for another offence will the employer be considered at fault, as well as the disqualified driver, also what action would be taken against the employer. If you knew this was a case would you inform the employer ??

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I am surprised that the employer did not ask to see the licence but having said that, didnt the application form ask about for the driving details? At the end of the day the driver is at fault for not informing his employer, the driver is responible for the for the vehicle right down to it being taxed, wheel threads and of course insurance. The driver in question should, he have an bang would have to pays all cost himseft as the Employers insurance company would not pay out and as mentioned before it is down to the driver not the employer to make sure he was insured. No action would not be made againt the Company- Only the driver

Spot on Fish the Mod. Whilst it could be argued that the Employer had a duty to check all of the drivers' details, legalities etc. at the end of the day it the driver who has failed to declose all of the facts. I.e. his/her ineligibilty to drive under UK law.

I believe in this case no action would be taken against the Company on the above basis. Apart from a rather large ********** of the Manager responsible.

In terms of criminal liability your previous two answers are likely to be broadly correct. The employee is the one who would be breaking the law and if stopped could be charged with a variety of offences driving whilst disqualified, driving without insurance (as his disqualified status would invalidate any insurance) and whatever he was stopped for in the first place.

However if it were ruled that the employer had been criminally negligent in not checking his documents then the employer too could be charged if there were serious consequences - i.e. someone died. Corporate Manslaughter basically. So if this employee was in a serious crash and someone died the employer could find him / herself facing criminal charges.

Also if the employee did have an accident in order to claim damages (given that he will be uninsured) they might want to bring a civil claim against the employee to claim for any losses. They would also be able to sue the company as a result of employer's liability. (After all the company is likely to have more money than the indivuidual - it's why people in medical negligence cases sue hospital trusts as well as indivuidual doctors)

So yes there could potentially be serious consequences for the employer. It might be worth letting them know that they should check their employee's licence.

For some reason I appear to have spelt individual incorrectly throughout my previous answer. Apologies for this.
In view of Lillabet's comments on civil liability it would be appropriate to tell the employer.
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Many Thanks.

Appreciate the replies I will ask the employer to check their employees driving license .

The guidelines 'Driving at work' were issued by the Department of Transport in Sept 2003. This document confirms that employers should check the validity of a licence on recruitment and periodically thereafter. The Road Traffic Act also makes it an offence to cause or permit a driver on a road who is not covered by a valid licence. Employers should also be aware that most insurance policies require notification when a driver in the fleet has 6 points or over and or was previously disqualified. Please visit www.licencebureau.co.uk for further information and for linked sites to the DVLA and Home Office. There are many driver training companies that will provide a template for your own company driver manual and you will see the above site will actually conduct your licence checks. Good luck

The employer has a duty of care to ensure that his drivers are road legal.

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