Specialist transport solicitors, Backhouse Jones, have just published an article regarding changes to driver licence check forms following the implementation of the dreaded GDPR regulations which you should be aware of.
Drivers Licence checks following the implementation 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previously be used by employers to gain permission from their drivers to carry out driving licence checks, has now been replaced by forms D888/1 and D906.
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.
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.
You can find out more including another article on the issue of when a self-employed person becomes employed at https://www.backhousejones.co.uk/download/employment-newsletter-july-2018/