Current Position. Legal Requirements

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2 01 Current Position Employers need to maintain control over their vehicles and ensure that driving on company business is only undertaken by those who are licenced, competent and authorised to do so. This applies regardless of whether the vehicle in question is a small van, fork lift truck, HGV etc. Restricting access to vehicle keys is clearly a good start but it is also advisable to provide formal permission to those who are authorised to drive, detailing which vehicles that permission applies. In this way it should also be clear to those who do not have a company permit, that they are not authorised to use company vehicles. A permit to drive is in addition to any formal certification that an individual may obtain through training. The benefit of putting in place such a system is that it is possible to withdraw permission by cancelling the permit, whereas the external certification, eg driver s licence, forklift truck training certificate, is outside of the employer s area of control. This guide explores the competency and qualification criteria required or recommended for different types of vehicles and the way in which permits to drive may be used to as part of an occupational road risk strategy or to control the safety of workplace vehicle movements. no specific TEXT ABSTRACT There is requirement within legislation to issue permits to drive. Note. Whilst we have used the term permit to drive within this technical guide some employers may use a different expression meaning the same thing, eg authorisation to drive/ operate. Legal Requirements Issuing permits to drive, particularly when combined with other driver safety measures, demonstrate that an employer takes road and vehicle safety seriously. If the safety strategy is effectively implemented, not only will the risk of accidents be reduced, but in the event of a serious accident, both senior managers and their organisations will be better protected from the threat of legal action. There is no specific requirement within legislation to issue permits to drive, but doing so will help to demonstrate that the employer has taken steps to ensure that driving duties are carried out by competent staff. The most relevant health and safety legislation to this topic is as follows: Section 2 of the Health and Safety at Work etc. Act 1974 (and implicitly within Section 3 which requires employers to protect non-employees) The Management of Health and Safety at Work Regulations 1999, Regulation 13 (concerning the allocation of tasks to competent employees and the provision of training including refresher training) and Regulation 15 (concerning the employment of temporary workers and specifically the need to provide information on the special qualifications and skills required). The Provision and Use of Work Equipment Regulations 1998 (PUWER), Regulation 9 (as applicable to mobile equipment used within the workplace such as forklift trucks, and which requires the training of drivers and their supervisors in the use of equipment, the risks and any precautions). The HSE s Approved Code of Practice (ACoP), Rideroperated lift trucks. Operator training. Approved Code of Practice and guidance (L117) provides supporting information on the standards of training and formal authorisation which employers are expected to deliver to employees operating fork lift trucks (FLTs). Although compliance with the ACoP is not compulsory, doing so is deemed sufficient to satisfy the legal requirements for FLT training. Employers may choose to satisfy the requirements by equally effective or better alternative. PAGE 1 > BARBOUR - SAFE IN OUR KNOWLEDGE

3 The ACoP supporting the PUWER regulations (Ref L22) gives additional detail on what is expected as regards training. It states, You should ensure that self-propelled work equipment, including any attachments or towed equipment, is only driven by workers who have received appropriate training in the safe driving of such work equipment. The license requirements for driving vehicles on the public highway are set out within the Motor Vehicles (Driving Licences) Regulations Note that a person driving without a valid license will not be covered by the insurance policy for the vehicle and therefore will be driving uninsured. Causing or permitting use of an uninsured vehicle is a criminal offence under the Road Traffic Act Information Permits to Drive on Company Business Some organisations use a permit to drive system as part of a comprehensive occupational road risk strategy for any person driving on behalf of the organisation (whether in their own vehicle or a company vehicle). The process of obtaining a permit and therefore being able to drive on company business may include any or all of the following: signing up to a safe driving pledge undertaking an on-line driver training and assessment programme undertaking other additional forms of training, eg on road advanced driver having their driver licence checked electronically for grey fleet drivers, providing information on vehicle maintenance and insurance providing details of accident history and motoring offences reading the employer s driver handbook and health and safety policy having an induction in the controls and the user inspections/maintenance required for a particular company vehicle undergoing an eyesight test. Where a driver assessment programme is in use, drivers may be given a risk rating eg high, medium or low risk and action taken accordingly, eg restricting their driving, providing additional practical training etc. On-line training can cover specific issues likely to be faced by individual drivers according to their job role, the type of vehicle being used etc. and would normally cover the general concerns of attitude, behaviour, hazard perception, knowledge and defensive driving. Some firms have also arranged that those in receipt of a company permit to drive receive regular requests, eg quarterly, asking them to confirm their health status, any changes to their licence or other relevant matters such as insurance renewals. Organisations which have recently publicised the taking up of such a permit to drive scheme include Centrica, the Labour Party, UNISON, ATS Euromaster, West Bromwich Building Society, WHSmith and Scottish and Southern Energy. These types of schemes are regarded as best practice as opposed to standard practice. Press releases on behalf of scheme providers claim successes such as reducing the numbers of road accidents and identifying grey fleet drivers without adequate business use insurance cover. For companies with large fleets, seeking to reduce occupational road risk, such schemes appear to be worth considering. For smaller businesses, signing up to all-encompassing on-line driver assessment and training schemes is less likely to be cost effective or necessary. Nevertheless, it would be possible to take the core principles of the scheme contents as described above, adapt them to the needs of the organisation and apply them using in-house staff and external resources as needed. Driver fitness assessment should form part of the assessment before authorisation. In relation to lorries, coaches and buses there are statutory medical checks which form part of the licence renewal process. Further details about driver fitness for on-road driving can be found in the Barbour Technical Guide Managing your Fleet. Qualifications for On-Road Driving - General When assessing competency to drive on company business, the first step is to check that the individual has a valid licence. When carrying this out managers should be aware that it is a simple process to obtain a duplicate licence and therefore fraud is common, eg having a spare clean licence to show employers whilst another shows endorsements. Both the paper copy and the driver photo card (where available) should be checked. An independent check can be made using various service providers or a premium rate line provided by the DVLA ( ), subject to authorisation being given by the employee. The driving licence shows the individual categories of vehicle which the driver is licensed to drive. For example category B is a manual car or light van, C1 is a goods vehicle up to 7500Kg, D1 is a minibus of up to 16 passenger seat capacity, C is for large goods vehicles over 3500Kg and D is for buses. Category E stands for trailers but managers should check weight restrictions before authorising their use. Full details can be found here: whatcanyoudriveandyourobligations/dg_ PAGE 42 BARBOUR > - ENVIRONMENT, SAFE IN OUR KNOWLEDGE HEALTH & SAFETY

4 There are no government issued TEXT ABSTRACT licenses for driving mobile plant on construction sites or within the workplace. It is worth noting that new rules on age restrictions for driving come into force on 19 January Existing drivers will keep their entitlements but if the driver wishes to add new types of vehicle then the new rules will apply. The majority of the age restrictions are unchanged, for example mopeds below 50cc can be driven at age 16, category B, 17, category C1, 18, category C, 21 and category D1, 21. Note: Managers in charge of assessing driver competency must be aware of the age restrictions when they are assessing workers who do not have a GB or Northern Ireland licence. Professional bus, coach or lorry drivers must have a Driver Certificate of Professional Competence (Driver CPC). Drivers will have been issued with a Driver Qualification Card, which will prove that they have either passed a CPC or have acquired rights due to their experience. Full details of the CPC arrangements and the exemptions that apply can be found here: Drivinglorriesbusesandcoaches/DG_ Drivers passing their driving test in categories C, CE, C1, C1E, D, DE, D1 or D1E, after 19 January 2013 will receive a licence valid for five years. At each renewal up to age 45 the driver will need to sign a declaration to confirm that they still meet the medical standards. After age 45, they will need to provide a medical examination report at each renewal. Existing drivers will not be affected by these changes until their license is due for renewal. Qualifications for On-Road Driving - Driving Abroad When assessing competency to drive on company business abroad the manager responsible should check that the driver will be suitably qualified. Visitors to other countries need their GB licence, or in some countries, an international driving permit. A GB licence covers driving in other European Community/European Economic Area [EC/EEA] member states, but for young drivers, a check should be made on any country specific age restrictions. The member states are: Austria, Belgium, Bulgaria, Czech Republic, Republic of Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Slovakia, Spain and Sweden. For non EC/ EEA states, a check of the requirements should be made before travel. An international driving permit is a formal document which translates details of a driving licence into several languages, enabling foreign authorities to interpret the driving entitlements held, their validity periods and the identity of the holder. They are issued by the AA and RAC. Qualifications for On-road Driving - Foreign Drivers When checking the licence of a driver who has a licence from outside of the UK there are three considerations: whether the licence would entitle the driver to drive the particular vehicle in their own country whether it is acceptable beyond the first 12 months of residence without further action whether the driver meets the Great Britain (GB) minimum age criteria for the category of vehicle. Those who have a full, valid driving licence from an EC/EEA country can drive within Great Britain until they are 70, or for three years after becoming a resident, whichever is the longer period. The exception is for those who gained the licence by exchanging a non-ec/eea licence, in which case the licence will only be valid in GB for 12 months. Some non EC/ EEA country driving licences are exchangeable - Gibraltar, Jersey, Guernsey, Isle of Man, Australia, Barbados, British Virgin Islands, Canada, Falkland Islands, Faroe Islands, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea, Singapore, South Africa, Switzerland and Zimbabwe. The exchange can be made within 5 years of taking residence but the driver may only drive on the licence for first 12 months of residence. Those coming from other countries generally need to take a full driving test if they wish to drive beyond their first 12 months of residence. The DVLA has published an on-line tool for those seeking to understand how they are affected by these rules: ExchangeaTestPassorForeignLicence/can_you_drive_in_ gb.dsb Authorising Plant Drivers There are no government issued licences for driving mobile plant on construction sites or within the workplace. The legal requirement is that employers must give their staff adequate training so that they are competent to operate the machinery that they use (the Provision and Use of Work Equipment Regulations 1998, Regulation 9). Clearly if the driver will be driving the vehicle on the public road then normal licensing rules apply. There are various sources of training courses and qualification schemes available. For large construction contractors it is common for them to insist that plant operators are part of the CPCS scheme. It covers numerous different types of plant and includes a health and safety test, a theory test, a technical test and a practical test. Operators attend training to obtain a CPCS Red Card: Trained Operator and then undertake an NVQ involving logged hours and practical assessment to achieve a CPCS Blue Card: Competent Operator. Further details of the CPCS scheme can be found here: PAGE 3 BARBOUR > - ENVIRONMENT, SAFE IN OUR KNOWLEDGE HEALTH & SAFETY

5 Risk assessments should be used to decide the level and frequency of training needed. The HSE has recognised six bodies to accredit and monitor organisations to train instructors and/or train, test and certificate lift truck operators (see the Further Information and References section at the end of this guide). In terms of age restrictions, HSE s answers to frequently asked questions, published on their website, recommend that you apply similar rules to on site driving as you would for the public highway, ie be over 17 for all driving and in the case of HGVs be aged 21 or over. All drivers ought to have passed an appropriate test. When selecting new drivers, employers should look for a mature and responsible attitude as well as those who are medically fit. When checking competency, original copies of competency cards or certificates should always be seen and where not available, or if there is any doubt as to authenticity, employers should contact the accrediting body to make an independent check that the claims made are valid. Where the workplace has contractors or visiting drivers, the site operator should obtain evidence of their competence before permitting them to drive on the site. For young workers, trainees and the less experienced staff additional supervision should be provided until it has been assured that the worker has understood the site safety requirements and is able to work safely. It is good practice to test any trainees before any work takes place, even if they bring with them evidence of previous training or experience. As people lose skills or develop bad habits over time, HSE advise that there ought to be an ongoing programme of re-assessment and refresher training for all drivers, to make sure their skills continue to be up to date. Additional training should also be provided when there is a change in work equipment, attachments, loads, the workplace or the systems of work. Risk assessments should be used to decide the level and frequency of training needed. The HSE summarise the general training requirements for the use of all mobile plant as follows: general information about the job, for example: o the layout of the workplace routes o how and where to report faults or hazards o procedures for reporting accidents training and checks to make sure that people can work safely. For a driver, this is likely to include: o making sure they know how to use the vehicle and equipment safely o information about, for example, particular dangers, speed limits, parking and loading areas, procedures o making sure, they know what personal protective equipment they should wear for the task they are going to do, and how they should use it. Examples might include high-visibility clothing, head protection, a driver restraint, safety boots and equipment to prevent falls o information on the structure and level of supervision that will apply, and the penalties if they fail to follow instructions and safety working practices. Forklift truck training must cover the type of truck to be used eg counterbalance, reach, telehandler etc. and takes place in three stages: basic skills training and assessment specific job training (covering knowledge of workplace and experience of any special needs and specific handling attachments) familiarisation training (on the job, under close supervision, putting into practice in the workplace, that which has been learned during training). Where a driver needs to use additional attachments or machines then they will require conversion training and assessment. Full details can be found in HSE s Safety in working with Lift Trucks (HSG6) (See the related documents section of this guide). HSE guidance HSG6 on FLTs also advises on a regime of fitness checks for forklift truck drivers as follows: It is good practice for all operators and potential operators to be screened for fitness before employment and again at regular intervals in middle age. Examination at age 40 and thereafter at five-yearly intervals up to age 65 is recommended. Operators over 65 should be screened annually. Examination is also recommended in all cases after an accident or sickness absence of more than one month, or after a shorter period, if it appears likely that the illness may affect fitness to operate. Should any operator or employer suspect or become aware of a condition which might affect ability to operate a lift truck, then examination should also take place. It is recommended that any requirement for medical screening and/or examination should be agreed between employer and employee in advance under a contract of employment. For other types of plant, advice should be sought from an occupational health provider as to appropriate medical checks. As a general guide most plant operators would be expected to meet the equivalent standard of Group 1 entitlement for on-road driving (See At a glance guide to current medical standards of fitness to drive : for medical practioners DVLA 2012) with Group 2 being applied for particularly demanding environments, eg night driving, handling of explosives. PAGE 43 BARBOUR > - SAFE ENVIRONMENT, IN OUR KNOWLEDGE HEALTH & SAFETY

6 Following satisfactory completion of training, and any medical assessment, the employee should be given written authorisation to operate the mobile plant concerned. It is advisable to keep copies of certificates and details of the training undertaken - date, trainer, duration, contents, outcome of any end of course assessment etc. It is advisable to keep a central register of who in your workplace is competent to control which vehicle. This will make safely allocating tasks and keeping track of abilities much easier. Key Actions When selecting employees as new drivers, take into account their attitudes and fitness to work identify training needs through risk assessment and by reference to HSE Approved Codes of Practice where applicable formally authorise drivers making it clear which vehicles or types of vehicles they are permitted to drive and any restrictions make sure that your authorisation process for on-road driving includes a thorough licence check taking into account any country specific requirements take appropriate action to ensure that drivers are medically fit implement a drug and alcohol policy and consider routine testing for professional drivers consider additional steps to driver authorisation such as signing up to a safe driving pledge or your company s driver rules, undertaking additional training or assessment, vehicle maintenance, MOT and insurance checks, accident history and motoring offences checks, vehicle induction or eyesight test keep records of training and a register of drivers together with details of the vehicles which they are authorised to drive conduct refresher training periodically for drivers of mobile plant and additional training where new machines or new attachments are to be used carry out routine checks for on-road drivers to check their health status, motoring convictions, on-going insurance for grey fleet etc monitor drivers, and supervise internal transport routes, taking such management action as necessary to ensure ongoing driver performance. Key Terms CPCS: Construction Plant Competence Scheme. CPC: Driver Certificate of Professional Competence (for lorry and coach/ bus drivers). DVLA: The Driver and Vehicle Licensing Agency. European Community/European Economic Area [EC/ EEA] member states: Austria, Belgium, Bulgaria, Czech Republic, Republic of Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovenia, Slovakia, Spain and Sweden. Grey Fleet: vehicles owned or leased directly by a worker driving on company business. Related Documents Other Barbour documents of relevance include: Barbour Technical Guide: Managing your Fleet Barbour Director s Briefing: Managing your Fleet Barbour Technical Guide: Driving at Work Barbour Model Policy: Driving Barbour Director s Briefing: Driving at Work Barbour Employee Factsheet: Driving at Work Barbour Technical Guide: Mechanical Handling (Including Fork Lift Trucks) Barbour Toolbox Talk: Mobile Machines Barbour Model Policy: Competence and Training Barbour Technical Guide: Competence at Work Barbour Model Policy: Workplace Transport Other documents on the Barbour service which are of particular relevance include: Managing Agency Drivers Brake 2006 Driver Safety: Monitoring Brake 2003 Not a Drop, Not a Drag: Guidance Sheet for Fleet Managers Brake 2009 Motor Vehicles, Driving Licences Regulations 1999 SI 1999/2864 PAGE 54 BARBOUR > - SAFE ENVIRONMENT, IN OUR KNOWLEDGE HEALTH & SAFETY

7 Motor Vehicles, Driving Licences Amendment, Regulations: Explanatory Memorandum 2012 At a Glance Guide to Current Medical Standards of Fitness to Drive: For Medical Practioners DVLA 2012 Driver Testing, Training, Examining and Licensing: Implementing New European Union Requirements, Directive 06/126/EC Third Directive on Driving Licences. Produced with the DVLA and Driving Standards Agency National Plant Operators Registration Scheme RTITB AITT. Date of Issue: August 2012 Essential Minibus Driving RoSPA 2006 Driving for Work: Fitness to Drive RoSPA 2010 Safe Use of Work Equipment: Provision and Use of Work Equipment Regulations 1998 : Approved Code of Practice and Guidance L22 HSE 2008 Safety in Working with Lift Trucks HSG6 HSE 2008 Rider-Operated Lift Trucks: Operator Training: Approved Code of Practice and Guidance L117 HSE Further Information and References Advice for businesses on driver training and competence can be found at: layer?topicid= Details of the system, which is part of the RiskMaster work-related road safety programme developed by Fleet Support Group can be found here: On the RoSPA website: there are various driver resources available including free guides on the topics of driver fitness and driver assessment and training. The Driver and Vehicle Licensing Agency has information on statutory on-road driving requirements: Further details of the Construction Plant Competence Scheme (CPCS) can be found here: The following organisations have been appointed by HSE to accredit and monitor organisations to train instructors and/or train, test and certificate lift truck operators: Construction Industry Training Board Lantra Awards The Independent Training Standards Scheme and Register (ITSSAR) PAGE 64 BARBOUR > - SAFE ENVIRONMENT, IN OUR KNOWLEDGE HEALTH & SAFETY

8 Disclaimer Barbour is a trading division and trading name of UBM Information Limited (UBMi). It has published this Guide in order to help the promotion of good practice amongst knowledgeable and competent specialists in the subject covered by this Guide. By using this Guide, the user acknowledges, accepts and agrees to the following: UBMi does not give any condition, warranty or other term, or accept any duty of care or liability, in connection with the quality or fitness for purpose of this Guide, or any loss or damage resulting from reliance on it, and it excludes all these. When deciding whether or how to act, the user should always obtain appropriate professional advice and should not rely on any information, advice or recommendation in this Guide, however it has been expressed. The user is responsible for obtaining professional advice, and acknowledges that any defects in this Guide would be detected by a knowledgeable and competent specialist providing that advice. Any use of this Guide by any person is subject to UBMi s user terms for Barbour services, and by using it the user is accepting those terms, and agreeing to be bound by them, on behalf of the user and all other persons for whom the user undertakes any work. The user waives (and agrees to waive) all claims for loss or damage which it might otherwise have against UBMi in connection with this Guide other than those arising out of a liability which UBMi has for personal injury (whether fatal or otherwise) resulting from negligence. PAGE 74 > BARBOUR - SAFE ENVIRONMENT, IN OUR KNOWLEDGE HEALTH & SAFETY