Points of order
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Penalised drivers have a reduced time Limit in which to submit their licence for endorsement or face revocation
Words: Patric Cunnane Drivers who get penalty points no longer have a 12-month grace period to submit their licence to the Driver and Vehicle Licensing Agency (DVLA) for endorsement. Instead, they must act within 28 days or face licence revocation, with consequences for both them and their employer.
The rule change, which came into force on 7 November, highlights more than ever why operators need to ensure that they carry out regular checks on their drivers' licences. "lithe operator hasn't got a licence-checking system, they could face a charge of corporate manslaughter if a vehicle with an invalid licence is involved in a fatal accident," says Ian Gallagher. policy manager for licence and vehicle registration at the Freight Transport Association (ETA).
The DVLA sends two reminder letters to the registered keeper of the vehicle, normally the operator. If the licence has not been submitted for endorsement within 28 days, it faces revocation.
"We made the change because there was an increase
in drivers not having their licences endorsed." says a A Lucy Wood DVLA spokeswoman.
Operators should identify the driver
Operators must identify the driver once they are contacted by the DVLA. The driver may be unaware of the offence if they have, for example, been caught on camera while speeding.
A greater risk may arise if a driver, who has failed to notify the DVLA of a change of address, commits an offence in their private car and does not receive the letters requesting their licence. After 28 days. the licence, including t he HGV vocational entitlement, becomes invalid, putting the employer's 0-licence at risk.
"Operators should be regularly checking licences," says Lucy Wood, transport solicitor at Nottingham-based Rothera Dowson. "A revoked licence will invalidate the driver's insurance, although not third-party cover, and the operator could he charged with a permitting offence." She adds that companies should ask their drivers to sign a mandate. allowing them to check their licences with the DVLA. For data protection reasons, the driver must be present when the operator telephones the DVLA.
"I will be speaking to my team leaders to update our systems," says Charlie Anderson, northern transport manager at Clipper Logistics. She is responsible for 60 vehicles. "Some drivers are not good with forms — it's up to us to set up a system that helps them."
She is taking urgent action to ensure her 0-licence is not put at risk."1 want to make sure that a driver with an invalid licence is not one of my drivers," she says "It is important that both transport managers and drivers take an interest in this."
Doug Jenkins, head of motor fleet risk management at business insurance specialist OBE, believes the change is beneficial. "It's a positive step to improving road safety." lie says. -Reducing the time required to register points means drivers will face the consequences of not sending their licence in for endorsement far sooner."
Jenkins is keen to emphasise the importance of checking drivers' licences. "The key point is to ensure that the address given to the employer is the same that is on the licence."
Further information
Driver and Vehicle Licensing Agency www.dvta.gov.uk Failure to notify the DVLA of a change of address can result in a £1,000 fine for the licence holder. •