Information from DVLA

[GDC]

Recently, the company I work for has asked everyone to fill in a mandate allowing a third party to access our driving licence records in Swansea and manage company records. I didn't have an issue with this and filled in the form a couple of years ago and it has removed the need for me to present my licence for an annual check and the issue of a driving permit.

However, there are a few who have objected and did not comply. Over the last few months, the company have threatened to remove them from site and take their car off them until they sign up.

More recently, further requests have been issued to individuals direct from the third party.

Other than the request that the mandate be signed, is any of this legal?

[wazza]

If it is a requirement for those coy members to comply with in order that they can have and drive a company car, it may prove to be acceptable possibly

[channa]

Perhaps of interest I got to work yesterday morning all loaded up and ready to go when the manger told me he had received notification the night before all agency driver licences needed to be checked with Swansea...It turns out somewhere in the company near London an agency driver had turned up with a licence and was in actual fact disqualified.

As far as I am concerned, I can't see any infringement of privacy / rights etc The company is simply showing due diligence.

Channa

[Arryace]

i had a similar issue with a previous employer.
they asked all their drivers to sign a form to allow them to check licences online with DVLA. seemed like a good idea until i read the small print an indeed it was through a third party, a limited Co. who's director was a solicitor in Glasgow

when i looked into his company through the information commisioners office it seems he is allowed to store data on individuals which went far outside licence checks (relatives, financial status etc.) so i withdrew my concent. for the simple fact my employer had decieved me and i was uncomfortable with the company they were using.

somehow 'recommended by DVLA' didn't give much reasurance

[oldcodger]

I can see why an employer wants to check directly with the DVLA. I couldn't begin to count the number of drivers we see in court who claim they can't find their licence. I am sure some are genuine but I also sure that some do know where their licence is, they just want to have what appears to be a clean licence available if they are banned or given points. Although it wouldn't work with a police stop as they will check with DVLA it might well work with car hire firms, driving agencies and the like.

[fatboyjim154]

I can see why an employer wants to check directly with the DVLA. I couldn't begin to count the number of drivers we see in court who claim they can't find their licence. I am sure some are genuine but I also sure that some do know where their licence is, they just want to have what appears to be a clean licence available if they are banned or given points. Although it wouldn't work with a police stop as they will check with DVLA it might well work with car hire firms, driving agencies and the like.

Last time I got a courtesy car the company checked with DVLA over the phone. The asked me for my permission, but I was told it was a condition of them letting me have the car.

[IanW]

Last time I got a courtesy car the company checked with DVLA over the phone. The asked me for my permission, but I was told it was a condition of them letting me have the car.

Yup the same here, they called the DVLA i had to go through some DPA checks, give my permission to them and then the DVLA confirmed my 0 points to the garage.

[GDC]

Thanks for all the comments so far.

Seems that this is good practice but am I right in thinking that if the individual doesn't give consent, nothing more can be done?

[fatboyjim154]

They can always follow through on their threat. If it went all the way a tribunual could look at their request as reasonable as it does reduce the risk of unlicenced drivers working for them and comes under the chestnut of safety.