đź•’ Article read time: 2 minutes
Ask the MAC
With Dan Crutchington, Senior Transport Advisor.
Don't get personal
Q: When a driver leaves the business, how long should we keep information such as copies of driving licence checks? We currently do licence checks every six months.
A: Under GDPR, documents should only be kept for as long as they are needed. GDPR also plays a part in what happens to that information once it has been collected. The copies are classed as personal records and should be treated as confidential, and they can only be used for the purpose for which they were taken. They should also be destroyed correctly when no longer required. For further advice, visit the Information Commissioner’s website.
Good practice would see items such as driving licence checks kept on file, for as long as necessary, which would be until the next licence check. The timeframe between checks may vary between companies.
Stay in your lane
Q: One of our drivers received a Notice of Intended Prosecution for driving in the outside lane on the motorway while driving one of our new 4.25t electric vans. They are looking to challenge this; are they able to?
A: The vehicle in question would be classified as an N2 vehicle, which is for goods vehicles between 3.5t and 12t maximum authorised mass (MAM). Due to this classification, a speed limiter would be required to be fitted which will bring it in scope of the Motorways Traffic (England and Wales) Regulations 1982 and the Motorways Traffic (Scotland) Regulations 1995, which is summarised by Rule 265 of the Highway Code and states that:
“The right-hand lane of a motorway with three or more lanes MUST NOT be used (except in prescribed circumstances) if you are driving
- any vehicle drawing a trailer
- a goods vehicle with a maximum laden weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, which is required to be fitted with a speed limiter
- a goods vehicle with a maximum laden weight exceeding 7.5 tonnes
- a passenger vehicle with a maximum laden weight exceeding 7.5 tonnes constructed or adapted to carry more than eight seated passengers in addition to the driver
- a passenger vehicle with a maximum laden weight not exceeding 7.5 tonnes which is constructed or adapted to carry more than eight seated passengers in addition to the driver, which is required to be fitted with a speed limiter.”
As a result, they would not be able to challenge this unless they have a legitimate reason to do so, such as being instructed to by any overhead signage, or by an enforcement officer.
Published On: 13/06/2024 14:00:00
