Spent Dr10 advice

Convicted Driver Insurance

Dewsy201000

New Member
Hi everyone. 7 years ago I was caught behind the wheel over the limit, fined and banned for 1 year. After regaining my license I took my hgv test and managed by some miracle to get a job driving trucks straight away. I lost my job 2 weeks ago and I'm struggling to find employment driving and feel like im been unfairly treated and wondered if anybody has any info. My Dr10 conviction is 7 year old so classed as spent when I perform a licence check using the code as a employer would do it comes back as a clean license. But every single driving agency doesn't use the code and uses my information to log into my personal driving license details and sees the dr10, and I'm promptly asked to leave. They tell me there clients have 10 year policys on dr10s and I'm really at a loss to what to do. I phoned the DVLA who told me there not allowed to look at that and must use the check code but nobody does. I don't see how there insurance can have a 10 year policy on dr10s when it's spent after 5. Sorry for rambling but just really struggling at the moment. Thanks for any help in advance
 
It is true that your conviction is spent after 5 years (except for DBS checks) you supply the DVLA code to a prospective employer and they can carry out a check on this basis.
We were discussing this on a course recently, the following week a client came back and said that his girlfriend works for a recruitment agency for HGV drivers. He asked her what they did. She told him that they obtain the full details of the driver, including National Insurance number and then use that to do a DVLA check. This means that the system thinks it is YOU asking for details of your licence, and they disclose an older conviction. She went on to say that many employers insist on a fully clean driving record so a 7 year old drink drive conviction would be a bar to employment.
If you could get some proof that you have been refused employment because of a spent conviction, or confirmation that they had used your personal details to do a DVLA check then you could take action against the agency for doing this. They are certainly breaking the DPA for even doing the check in this way.
 
It is true that your conviction is spent after 5 years (except for DBS checks) you supply the DVLA code to a prospective employer and they can carry out a check on this basis.
We were discussing this on a course recently, the following week a client came back and said that his girlfriend works for a recruitment agency for HGV drivers. He asked her what they did. She told him that they obtain the full details of the driver, including National Insurance number and then use that to do a DVLA check. This means that the system thinks it is YOU asking for details of your licence, and they disclose an older conviction. She went on to say that many employers insist on a fully clean driving record so a 7 year old drink drive conviction would be a bar to employment.
If you could get some proof that you have been refused employment because of a spent conviction, or confirmation that they had used your personal details to do a DVLA check then you could take action against the agency for doing this. They are certainly breaking the DPA for even doing the check in this way.
So as I suspected I'm being unfairly and illegally treated? There needs to be a change on the DVLA system. You should have to set up a password or something to your account because obviously when applying for a job N.i number and driving license is needed for other reasons, so there is nothing at all to stop them snooping. I may threaten action against this big company that turned me away I don't want a pay out just a change in the system so people in my situation can find work again and a dr10 isn't a 11 year sentence.
 
So as I suspected I'm being unfairly and illegally treated? There needs to be a change on the DVLA system. You should have to set up a password or something to your account because obviously when applying for a job N.i number and driving license is needed for other reasons, so there is nothing at all to stop them snooping. I may threaten action against this big company that turned me away I don't want a pay out just a change in the system so people in my situation can find work again and a dr10 isn't a 11 year sentence.

You are correct in saying that it isn't a 11 year sentence.
I couldn't get a job as a trainee bus driver when my DR10 was 23 years old.
My DR10 is now 31 years old and I still can't obtain employment as a trainee bus driver.
Sadly the bus companies won't take on any driver who has been disqualified no matter how long ago.
However, there is light at the end of the tunnel.
On your 100th birthday your DR10 and criminal record will be completely wiped off.
 
The Financial Ombudsman has already said that you cannot be refused a driving job because of a spent DD conviction.

https://www.financial-ombudsman.org...-disclosure-of-spent-motoring-convictions.htm

However, there are practical issues in actually enforcing this, which is strongly hinted at by the fact that Mr Pearson decided to go after the DVLA for breach of human rights rather than the employer for breach of the Rehabilitation Act.

Many commercial insurance policies prohibit DDs. This is probably unlawful, but challenging it is beyond the means of almost everyone. That means your employer could justifiably claim they didn't employ you because you wouldn't be insured, and an uninsured driver isn't very useful. That in itself is of questionable legality, but the CPS would likely find it not in the public interest to prosecute.

The way this is mostly dealt with is not to allow disclosure in the first place. That would probably be the best line of attack. The reason why DDs are kept on your driving licence for eleven years is for the twice convicted = three years rule. However, that is not relevant when disclosing your licence publicly and with the new website it should not be difficult for you and the courts to see DDs for eleven years, but public disclosure only to be for five years.

That is a much simpler solution than prosecuting an employer to force them to give you a job. Technically the Secretary of State could grant the DVLA exemption from complying with the ROAA but it would be difficult to see the point.

Regarding buses, once your conviction is spent you do not have to declare it when asked and so if they ask if you have a DD conviction >5yrs you can just say no without any consequence.
 
What if you become a self employed courier driver with your own insurance. Would that make a difference ?
I currently have a DR10 my ban was over in 2019. I'm thinking of buying a van, having my own insurance and going self employed. I can't find out the answer to our question anywhere. Can anybody help?
 
Motoring offences, including drink driving, remain disclosable for 5 years from the date of conviction for insurance purposes so it is not when your ban ends, but the date it was imposed that counts. So if you were applying today, and had a drink drive conviction in court since 22nd October 2016, then you need to disclose it.
 
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