Pot-sn.tti The offence of permitting an employee to drive without
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a licence is punishable by a fine of up to £1,000, but the implications can be far more serious. This is because the offence forms part of a list, known as the seven deadly sins, where non-compliance is most likely to cause loss of good repute.
Traffic commissioners (TCs) are unlikely to withdraw good repute if it is an isolated case but, according to Mark Davies of transport law solicitors Backhouse Jones, they are likely to want a wider investigation into the operator's systems for staying compliant. "That sort of conviction is reportable to a TO and will probably result in a visit from Vosa, which will check things such as tachos and the working time directive. You are opening up Pandora's box," he says.
Tim Culpin, head of transport law at Aaron and Partners, doubts whether operators would face a corporate manslaughter charge if an unlicensed driver was involved in a fatal accident. "But you're going to look pretty stupid," he warns. Employers also need to consider the insurance implications of inadvertently using unlicensed drivers unless their policy specifically covers such an eventuality. Lewis Wilkinson, director of Evans and Lewis Insurance, says: "Insurance companies would not pay out on drivers without the correct qualification.
"Potentially, it could end up being extremely expensive because of the value of the vehicle and the damage that could be done," he says.