Over the last 80 years, our driving entitlement has changed dramatically to suit the driving habits, vehicles, infrastructure, and attitude to the transportation of the day. We’ve picked out four milestones that have shaped our entitlement.

1934

Entitlement to drive a motor vehicle was introduced into law via the compulsory testing of drivers. Various road traffic acts from that point on, increased the need for control based upon the cause and effect of the driving experience, from the driver, the pedestrian and the authority’s points of view. This included speed, style of driving, alcohol consumption and other elements that were needed to ensure that a driver was safe and safety conscious whilst out on the road.

1967

Legislation demanded a drink-drive limit of 80mg alcohol in 100ml of blood. Prior to this, a conviction of driving whilst under the influence of alcohol came under the offence “to drive, or to be in charge of, a motor vehicle while unfit through drink”. Cases were identified where drivers were acquitted with up to and over a level of 150 mg/100 ml. Entitlement to drive in this case was open to interpretation and proof required witnesses that could attest to the speech and behaviour of the driver that pointed to intoxication. A driver could refuse a blood test.

1973

Brought in a change from the red booklet driving Licence to a new computerised green paper licence. As with the red licence, it was only valid for three years. This did not change until 1976 when it became valid until the age of 70. In 1999 the introduction of a Photo Card licence for new issues and renewal came into effect. Entitlement to drive being determined by a visual check of the green paper licence or the paper counterpart to the Photo Card.

2007

With the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007, it became necessary for employers to ensure that employees driving on company business are in possession of a valid driving licence. The Road Traffic Act makes it clear that is an offence for anyone to drive a vehicle without a valid licence or to cause or permit someone to drive without a valid licence. It is, therefore, incumbent upon the employer to check each driver has the entitlement to drive a company vehicle. Failure to do so could cause the employer to be considered an accessory to an offence if a fatality is caused by an employee in a road traffic accident. A failure of corporate duty of care could be considered.

This all brings us to the consideration of future events that will impact upon the corporate duty of care. In particular, with a view to the United Kingdom leaving the European Union, bringing into question the current validity of the EU Driving Licence, there will be a necessity to review the legislation and the existing UK Photo Card Driving Licence. Certainly, all employers should ensure that employed UK and non-UK company drivers have an entitlement to drive and are fully compliant with existing rules and legislation to ensure a smooth transition from existing EU legislation to whatever future UK legislation dictates and requires in 2019 and beyond.