AGENCY ROLES • I was very interested to read your
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letter and article regarding temporary drivers (CM 24-30 August). The role of driver agencies and the respective responsibilities on them and their clients has from time to time been debated over the last twenty years. With regard to the issues that you have commented on, I think there are a number of other factors that need to be taken into account.
0 The relationship between the agency and its clients is extremely important in order to protect the position with regard to operator licensing. In particular, the Transport Act 1968 puts the onus on the user of the vehicle to hold the operator licence — and goes on to say that the user is either the driver, in the case of an owner-driver, or in any other instance the person for whom the driver is the servant or
agent. As the client will always be the operator of the vehicle, and therefore the holder of the operator's licence, it is essential that a driver provided by an agency become the user of the vehicle and, therefore, the person who needs to hold the operator's licence.
0 Clearly, it is important when taking a driver from an agency to ensure that breaches of driver's hours are not likely to occur. To some extent the situation is no different as to when one takes on a new driver in full employment, but certainly the FTA would recommend when taking a driver from an agency that information should be otained from the agency as to the driver's activities over the preceding days. And remember, it is not just a question of driving totals for that week, because there are other obligations with respect to weekly rest and fortnightly driving. If the operator obtains such information from which he is then able to schedule work for that driver, I believe he would be able to protect his position should it be subsequently revealed that the information provided was incorrect. Reputable driver agencies would, I am sure, provide such information as a matter of course.
0 In so far as tachograph charts are concerned, they have to be issued by and returned to the employer, which in this case must be the operator as the holder of the operator's licence. Indeed, we would advise members when an agency driver moves on that they must ensure that the used charts are given back to the operator by the driver.
There is no doubt that driver agencies provide an essential service for the transport industry in dealing with sickness, holidays and peak periods of activity. It is nevertheless equally important that operators should be careful to protect their position and, of course, this can only readily be done by using a reputable agency.
D C Green, Freight Transport Association, Tunbridge Wells. Kent.