Agency drivers are no 'defence
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If an operator experiences a problem with an agency driver in fulfiling the terms of his employment, the fact he is employed as an agency driver does not shield the operator against subsequent action being taken against him.
The agency driver must be treated by the operator/employer exactly as a full-time employee. The operator owes a duty to the agency driver and the agency driver owes a duty to the operator. The operator must ensure the agency driver is Fully instructed in: J The operator's maintenance procedures in respect of driver defect reporting and daily checking of vehicles and the reporting of safety faults; J Operating within the speed limits; D Prevention of overloading;
-.7.1 The rules on drivers' hours and tachographs, to ensure that they are observed and proper records are kept.
IF an agency driver is driving an overloaded vehicle, it is no good mitigating before the court and expecting it to be sympathetic because he is an agency driver. Although you may have written guidance regarding overloading prevention which you issue to your normal workforce, if the agency driver wasn't aware of them the mitigation will be meaningless and heavy penalties could follow. There is no immunity from putting forward that the driver is an agency driver. It is no excuse. All agencies should be aware of your specific requirements for the supply of agency drivers. It must form part of your contract with the agency with an undertaking by the agency to comply with your requirements. Specify for example: O The age of the driver you want; D The class of licence you want to be held; [3 The period during which you want that licence to have been held; 0 Whether you are prepared to accept a licence with endorsements; [...t Whether you want someone experienced in, for example, container work or roping and sheeting, and how much experience you want; Li Whether you want experience in international work; 1_11 Whether you want a driver who is familiar with the drivers' hours and tachograph legislation; Li Whether you want a driver who is familiar with the type of vehicle you require. The list is endless. Don't be afraid of mak ing your specifications clear. You don't want a driver who holds, but hasn't used a Class1 licence for years to come back into the industry through an agency and damage your expensive new truck. You can't blame the agency driver if he doesn't know of your systems and requirements. The operator may have some redress against the agency if it doesn't comply with the terms of the contract between it and you as to your requirements or the agency driver. The operator may have to consider special procedures For dealing with the agency driver. The operator may have to spend some time giving the agency driver some form of induction course even if, as is generally the case, the agency driver is filling in for holiday relief or the odd day when a fulltime employee doesn't turn up for work. If the operator takes positive steps to ensure adequate training of agency drivers, then this will hold him in good stead should the agency driver infringe drivers' hours, tachographs, overloading, speeding and defects.
Generally the operator will know his own employees. He will know their own peculiarities and be able to address them and keep those drivers in check.
The agency driver is an unknown quantity and you can assume nothing about his abdiiy. The company's 0-licence is at stake and as such, greater care should be taken when employing agency drivers to the extent that care can be (demonstrated to the courts or licensing authority with clear documented procedural evidence. Operators should remember the statements of intent made to obtain their licence and how they can be breached by driver error and their licence placed in jeopardy. [3 by Gary Hodgson