The Importance of Renewing Expired Mandates.
Drivers that previously gave consent for driving licence checking prior to the 25th of August 2018, are now required to renew their approval under the DVLA’s new GDPR regulations. Failure to do so prevents their employers from doing ongoing driving licence, CPC and Tacho Card checks.
Previously drivers gave consent for licence checking by filling in, signing and dating the D796 mandate form. This was required under the Data Protection Act of 1998. The mandate was valid for three years from the signature date. However, due to the introduction of the General Data Protection Regulation on the 25th of May 2018 all such mandates expired on the 25th of August 2018 under the three month grace period set by the DVLA. So why is it of such importance to renew expired mandates?
Expired driver mandates introduce a negating effect of The Four Principles for driving licence checking; Duty to Protect; Avoidance of Danger; Licence to Drive; Liability Awareness. Ensuring that drivers are entitled to drive is the very essence of the process. It removes the exposure to risk that if ignored could lead to potential legal difficulties. As stated in a previous article ‘Exposure to risk can lead to the downfall of any business or organisation’:
The essence of the law determines that it is the responsibility of businesses and organisations to ensure that their drivers are entitled and safe to drive for business purposes. By doing so, the business or organisation can filter out any disqualified or invalidly licensed drivers. Concerning driving for work, reviewing the current legislation highlights the obligations and the associated risks within businesses and organisations.
That said, without the ability to see any critical changes in licences included expired photo cards, for example, it can have a knock on effect to the cost of a business or an organisation’s group insurance premium cost as discussed in the article ‘Expired Photocard Driving Licences – What is the Risk?’:
Another aspect worth considering is the Terms and Conditions that come with a Group Vehicle Insurance Policy. Insurance cover providers will often refer to the Insurance Act 2015 Part 2 The duty of fair presentation. It states that the insured must make a fair presentation of the risk that the insurer will be exposed to. Any disclosure must be reasonably clear and accessible, that material representation is substantially correct providing an expectation of belief in its correctness and presented in good faith.
With the grace period for getting previously consenting drivers to complete, sign and date the new required DVLA D906 Fair Processing Declaration finished, it is of vital importance that Fleet and HR Managers ensure that their drivers are entitled to drive on behalf of their businesses and organisations. With Licence Link the process for transition can be a very easy one using the electronic declaration functionality that removes the need for completed paper mandates. A simple email approval process is all it takes.
Saying that, Licence Link has a very speedy turnaround of DVLA D906 Fair Processing Declaration form validation. For existing users of Licence Link, there is no need to be behind with ensuring that mandates are renewed. For clients interested in the services provided by Licence Link and who are experiencing a backlog of expired mandates it makes sense to find out more.