Advice - DR10 2005 new job with Company Car

Convicted Driver Insurance

Buckles

New Member
Hi,

Looking for a bit of advice.

I am looking at applying for an advertised job, which comes with a company car.
Now I have never applied for a role with this benefit before, but this role is pretty much identical to what I currently do but with another company and the added benefit of a car.

I have had a quick google and know that I will be asked to allow the company to check with the DVLA with regards to my license.

I currently on my driving license have:
DR10 - Sept 2005 - Fine and 20 month ban (no points)
SP30 - Dec 2009 - Fine and 3 points.

Will any of the above stop me from been eligible from having a company car or with the DR10 is it a no go?
I have googled but cannot find any information, relating to my situation.


Thanks,
Rich
 
Buckles said:
Hi,

Looking for a bit of advice.

I am looking at applying for an advertised job, which comes with a company car.
Now I have never applied for a role with this benefit before, but this role is pretty much identical to what I currently do but with another company and the added benefit of a car.

I have had a quick google and know that I will be asked to allow the company to check with the DVLA with regards to my license.

I currently on my driving license have:
DR10 - Sept 2005 - Fine and 20 month ban (no points)
SP30 - Dec 2009 - Fine and 3 points.

Will any of the above stop me from been eligible from having a company car or with the DR10 is it a no go?
I have googled but cannot find any information, relating to my situation.


Thanks,
Rich
Click to expand...

An SP30 endorsement remains on your driving licence for 4 years from the date of offence, if the offence was committed in Dec 2009, the endorsement will have expired in Dec 2013. You can remove expired endorsements from your driving licence by applying by post to exchange your driving licence for a new one, this will cost £20. More info here.

The DR10 endorsement will remain on your driving licence for 11 years from the date of conviction, it should expire and can be removed from your driving licence around Sep 2016. It should only affect insurance premiums for 5 years from the date of conviction.

If you received a fine, community order or a prison sentence of up to 30 months and a driving disqualification when you were convicted of driving with excess alcohol, your conviction will now be classed as 'spent' under The Rehabilitation of Offenders Act 1974. You do not have to disclose spent convictions to employers unless the job you are applying for is exempt from the ROA 1974.

While you may not have to disclose your DR10 endorsement, as the job you are applying for comes with a company car the company may ask for your consent in order to allow them to contact the DVLA and request your driver data in order to ascertain your legal entitlement to drive. The driver data from the DVLA's driver register database contains information such as your name, address, D.O.B, photograph, driving entitlement, driving endorsements and relevant medical information that may affect your ability to drive. The company may also ask to see your driving licence and of course they will then be aware of your DR10 endorsement.

It is illegal for an employer to discriminate against any person who has 'spent' convictions during the recruitment process unless of course the job you are applying for is exempt from the ROA 1974. However, it is not illegal for an employer to employ a person (perhaps a person without a DR10 endorsement) because the employer thinks they are the best candidate for the job in question.

In regards to a DR10 endorsement affecting your eligibility of obtaining a company car, I think your best bet would be to explain the situation to the company in question. It shouldn't affect the insurance premium on the car as your endorsement is over 5years old and classed as 'spent'.

Let us know how you get on with the application if you apply for the job as it may help others who find themselves in a similar situation in the future.
 
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The Drink drive conviction is spent and dosn't have to be declared. The sp30 isn't spent and should be declared.
I'd be tempted to mislay the paper part of my licence and do a dvla check over the phone with the boss. dvla won't declare any spent convictions. They may or may not declare the sp30, which is hardly relevent for insurance purposes.
 
Yeah I think the DVLA only disclose Drink Drive for 5 years. And within a couple of years hopefully they will have done away with paper counterpart licenses, so good news.
 
Joiner.105@hotmail.co.uk said:
Hi mark here, I'm just wanting to clarify that the dvla
Only disclose a dr10 for 5 years to a new employer ?
I am due to give my licence in this week help !
Click to expand...

If you are due to give your licence in this week, then surely the 2005 conviction is shown on the counterpart, so the employer will see it?
they should not hold it against you though, as is will be irrelevant for insurance purposes. If they asked you about convictions at your employment interview, they will have only ask about the last 5 years (unless it is a job that requires a DBS check) so you have told the truth when you said 'no' .
 
Re: Advice - DR10 2006 employment

price1367 said:
If you are due to give your licence in this week, then surely the 2005 conviction is shown on the counterpart, so the employer will see it?
they should not hold it against you though, as is will be irrelevant for insurance purposes. If they asked you about convictions at your employment interview, they will have only ask about the last 5 years (unless it is a job that requires a DBS check) so you have told the truth when you said 'no' .
Click to expand...
Hi
it is from 2006, I had the interview Friday, my dr10 will expire on licence in 2017, I don't have my counterpart, so I was wandering how the dvla go about telling the employer ? Is it not revealed after 5 years ?
they have given me the job, but did not ask if I had clean licence.
I didn't occour to me that the dr10 would still have to be declared after 8 years on licence ???
Thank you
 
Hello sorry to drag up a old thread but its very relevant to me at this time,
Ive just passed my hgv class 2, and like others thought my dr10 was long behind me only to find out it is 11 years on your licence,

now the counterpart licence is long gone i believe the way a employer will check my licence is be phone/post or if i give them a code from the DVLA check licence service,
now when i look at my own licence i can see my dr10 has 1 year left to expiry,
But when i look at it with the code that i can generate its no where to be seen,
So if my employer asks me for a code then its all good, but if they were sneaky (broke the law i beleive) and got a few more details off me they could access my licence and view it as if they were me and see the Dr10 is still there,

So i have to assume they will play ball and do it the right way, but do they use any other service that they can legally see what i can see or am i good to go?
should just not tell them about my idiotic past as it seems its long forgotten to the dvla and it only remains if i was to do it again for sentencing purposes,

And advice is greatly appreciated
Thanks
 
You are right that there are 2 ways at getting information from the DVLA database.
your conviction is spent under the Rehabilitation of Offenders Act 1974 after 5 years, so would not show up n an employers check.
When you interrogate the DVLA database yourself, you are saying: "what information do you hold on me?" And they disclose the disqualification as it is still there in their system for 11 years in case you get another drink drive conviction during that time. (But it is only relevant for an offence within 10 years of your first conviction)
i think all they need to access your full details themselves are your name, driving licence number and your NI number, presumably they have all that, but they should just use the code that you have generated and get the employers version.
i am not well enough versed on the Data Protection Act to say if they commit an offence by accessing your "full" information.
 
Hope they use the code then, would it be the same information if they phoned up or applied via mail then I assume ?
From past posts sounds like I well within my rights not to disclose the dr10 so if they were to find out about the dr10 I would be suspicious to how it was figured out,
But guess they could just say I'm not right for the job as a excuse unless they have access to some other way of getting the licence details that reveals all?
Thanks

Edit: also thinking about it it seems a bit silly that the dvla have overlooked this one as would make a lot of sense to be able to password protect your view of your licence to stop potential discrimination, unless I've overlooked that and it can be done somewhere
 
In effect, the password protect is your driving licence number and national insurance number. No one else would know that..... Oh except your employer.....!
the only proper way your prospective employer should get your driving licence record is via the code that you generate, and that will not show spent convictions, which yours is for employment purposes As you said, it is only there for sentencing purposes.
 
Seems a huge flaw in the system for sure, i wonder how many people have been refused a job because of this....,
My guess there is no way you would ever know they had done it unless they actually told you,
The dvla does state on their site that it is a criminal offence to access someone details without consent, hears hoping that they stick to the rules!,
I will update this with a result of my experience once ive applied for the job,
got to do a cpc test first then i will go looking for work as a driver in about 4 weeks
Cheers
 
ok guys my worst fears have been confirmed
Employers are abusing the system and are gaining access to my licence details as if they were me,
I got a friend who works for a driving agency to check for me and she confirmed thats how they checked,

I rang the DVLA and told them about this massive flaw, she confirmed to me that people should not abuse the system and clarified that they are indeed breaking the law under the data protection act,

All in the all this does not help me/others in the same boat as previously mentioned there is no way i would ever know that they have have done this, even the dvla confirmed there is no way of knowing but they was very keen to get the details of companies that were abusing the system,

I have made the suggestion that View my licence should have another level of security as she said that the Dvla would never divulge the Dr10 unless i literally said to them "tell them about my Dr10"

So for now looks like if any employer knows this loop hole there is nothing that can be done so i hope my enquiry is taken into account and changes are made,

All the best
Dave
 
Hi mate,
My friend who did this check for me actually owns a driving agency and has worked in the business for years,
she knew about my Dr10 as shes a friend but i asked her if she could do a check for me the way that she would usually go about it so i could get a idea what im up against,
She confirmed thats the way all agencies would check since they abolished the counter part
she said she was well within here legal right because her insurance needs them to do such detailed checks and she was under the impression that if she rang them up they would tell her the same, ive been told by the dvla this morning that is not the case,
She is in for a bit of a shock when i tell her what ive learned this morning that she is indeed breaking the law,
But yes she said there is no way i could ever work for her (i knew this anyway as she knew about the dr10) and that i would find it very hard to gain employment (not impossible) with any reputable company as they would all do the same

So i guess its a case of what check any company decides to use but looks like they are well aware of the loop hole,
Im still going to apply for jobs that i want in the hope that they use the phone service or that my call today is taken seriously and dvla look into this

I will let you know how i get on, i have several applications out at the moment that im waiting to here back from, fingers crossed but its horrible knowing that there is a good chance they could abuse the system and be refused a job for this
Even more frustrating is the fact i would never know thay had done this
Cheers
 
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This is poor from DVLA. I'm currently an unemployed IT Manager looking for another role and I need some temporary work to alleviate the cash drain, but still be available at short notice for interviews. I found an advert for temporary drivers delivering and picking up small vans which looked like it would fit the bill.

I have a current clean licence with a DR10 from 2009 which I obviously don't want to disclose unless I'm legally obliged to.

The company advertise themselves as UK Express Delivery (UK Express Logistics Ltd) and their online application form was straightforward until I came across the question "Do you have National Insurance?". Instead of a drop down Yes/No answer there was an edit field implying you should enter your NI number. This is blatantly trying to trick applicants into helping them get round the law as the job is self employed and therefore no NI number is required. Obviously delivering and collecting vans is not liable to enhanced disclosure. Notice how "number" is left off the question so they can say people who entered their NI number misread the question. Of course I would have to supply my NI number to an employer, but only if offered the job.

They are also asking "Do you have your counterpart available?" and if you select "Yes" then you're asked to upload a scan of it - a year after it was abolished!

I haven't looked at other forms, but this abuse is blatant. Why is there no request for the DVLA code and the last 8 characters of the driver number?
 
Yes Pal exactly everyone knows what to do and how to see your licence and there is nothing you can do about it other than reporting them to the DVLA, but how would you ever know they had done it unless they told you "sorry we have seen you have a DR10 and cant employ you", thats not going to happen,

Ok so for me so far no job driving, im still roofing,
As you would expect ive sent CV's to all local companies and not even a call back, i expected this as all driving work in a HGV as a new driver seems to be with a agency,
Ive registered with all the local agencies who are offering work in my area,
Out of advice i decided to be honest with them and tell them about the DR10, they all seem to sing from the same sheet and say
"im glad you told us because we would have viewed your licence and seen it"
and confirmed they access your licence as you!
when i say your breaking the data protection act they all say thats why we get you to sign a disclaimer.

Are they covering there arse with a disclaimer? all it says is "do you give us permission to do a full dvla check" no mention of logging in as you, Dvla cant seem to agree on this when i ask them,

Any way one agency who has a contract i would really like to work for so i decided i had nothing to lose and did not tell them,
When i went for interview they asked for my licence, i said its currently with the dvla having the entitlement added for hgv (it was truthfully)
but i said not to worry here is a check code and last 8 digits of my licence that the DVLA told me to give you,
TO my shock the code was used and less than 24 hours later i was offered a weeks work, Fantastic but only to be told the next day that i was not needed any more sorry!!,
Not heard off them since so im guessing once i sent my details over they looked at my view.

I posted on a article talking about this subject and they have recently contacted me and are looking for others as they say they are working with the DVLA to sort this out,
Ive no idea who they are and ive not given them any personal details you can find them here

http://www.unlock.org.uk/policy-issues/specific-policy-issues/spent-motoring-convictions/

more reading here
http://www.unlock.org.uk/spent-convictions-still-on-your-dvla-record-is-this-causing-you-a-problem/

and here
http://hub.unlock.org.uk/knowledgebase/dvla-records-of-driving-offences-and-how-theyre-shared/
 
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