Why Human Resources Departments need to be cautious
Whilst I was at a recent meeting we had a discussion about how to deal with drivers who hold a non-UK driving licence and more particularly drivers from within the European Union.
Managing your ‘duty of care’ can be tricky with European drivers as it is illegal to discriminate against them by having different rules for non-UK employees. Just because a licence is written in a different language does not mean you cannot accept its validity. But you will need to consider driving licences as part of your management process to avoid prosecution under Corporate Manslaughter Legislation.
However if you have employees from outside the European Union then the rules are different as for most of those employees they can only drive in the UK for a period of 12 months from date of entry into the UK. This does include the USA, so if you are employing people from the USA and they are driving and they are here for more than 12 months then they will need to take and pass a UK driving test if they wish to continue driving in the UK.
This is particularly important if you are engaging people on contracts for longer than 12 months as you can plan their test in good time.
Take for example a Football Club which signs a player from South America on a 3 year contract. One year from his date of entry to the UK he will need to sit a UK driving test to continue driving. The club has a duty to notify the player and also ensure he takes the test and prevents him driving if he does not have a licence. Also if he is given a sponsored vehicle to drive it gets a whole lot more complicated.
If drivers with a European driving licence need to undertake any testing for either a Taxi licence or to allow them to tow trailers then they will need to have a paper counterpart issued by the DVLA.
This is a very simplistic explanation and individual cases can vary, but if you need any specific advice then you can call the team on 01623 675833.
Nigel Grainger
Senior Consultant
Fleet Risk Consultants
