Ask the MAC – 29 Jan 2026

January 29, 2026

3 min read

With Becky Martin, Manager – Compliance Information.

Herby rides again?

Q) We carry out regular drug and alcohol testing, however, we have had a driver disclose to us before they took the test, that they take cannabis oil that has been prescribed by the GP. They then took the test, and it was picked up on the swab. What should we do?

A) If the cannabis oil has been prescribed by a GP, then they have a responsibility to advise the driver about any potential side effects that could impair driving. The driver should also inform the DVLA as the medication could affect their fitness to drive. They should also inform the employer, as per company policy, about any medication that may impact their ability to operate vehicles or machinery safely.

As an employer you should conduct a risk assessment to determine if the driver is fit to continue their driving duties, and if impairment is suspected, then the driver should not be allowed to drive.

In all cases, DVLA’s Assessing fitness to drive: a guide for medical professionals should be referred to when looking at medical conditions as well as drug taking. You can still be prosecuted if you are found to be impaired by the prescribed drugs.

When the tacho bell rings

Q) A driver has left their digital card in the tachograph unit when the vehicle they were driving had broken down. The breakdown company informed the driver that they would not be able get access to the vehicle to remove their card until the vehicle was back at the workshop. The vehicle would sit in a yard until such time, however, we would like the driver to continue the next morning and wanted to understand if the driver would be able to drive on print outs until the card is returned?

A) Unfortunately, the driver is not permitted to continue to drive using manual records whilst their digital card is awaiting removal from the tachograph unit. Manual records are only permitted when the card is lost, stolen, or malfunctioning and has been reported to the DVLA. If a tachograph engineer determines that the digital card has been or will be damaged whilst removing it from the tachograph unit, then as for confirmation in writing and apply for a replacement card. The driver will then be permitted carry on driving whilst using manual records for up to 15 calendar days.