The risk sitting in your driver files right now
Every vehicle your business puts on the road must be driven by someone who holds a valid licence for that vehicle category. That sounds straightforward. In practice, licences get revoked, endorsements accumulate, medical conditions change, and drivers do not always volunteer that information.
If one of your drivers is involved in a collision while driving on a disqualified or otherwise invalid licence, the liability falls partly on you as the employer. The Health and Safety at Work Act 1974 requires employers to take reasonable steps to ensure employees can safely carry out their work. Driving on company time, in a company vehicle, is work. Checking that your drivers actually hold a valid licence is a basic reasonable step.
The question is: how do you check, and how often?
What is the DVLA check code system?
The DVLA check code is a short alphanumeric code that a driver generates through their Government Gateway account at www.gov.uk/view-driving-licence. Once generated, the code is valid for 21 days.
The driver shares that code with you (their employer or fleet manager). You enter it into the DVLA's online service, and in return you receive a full summary of their licence details. This includes:
- The licence categories they are entitled to drive (for example, B for standard cars, C1 for vehicles up to 7.5 tonnes, C for larger goods vehicles, D1 for minibuses).
- Any penalty points, including the offence code, the number of points, and the date of conviction.
- Any current disqualifications or restrictions.
- The licence expiry date.
- Whether a medical renewal is due.
According to the RAC's guide to the DVLA check code system, the service replaced the old paper counterpart licence in 2015. Since then, the online check code is the only official way for a third party to view a driver's full licence record (RAC, DVLA check code guide).
The driver must consent to the check. You cannot run a check without their code, and you cannot request the code on their behalf. This means the process requires active co-operation from each driver.
What are my obligations as a fleet operator?
There is no single statute that states "you must check licences every six months." However, several overlapping legal duties make regular licence checks effectively mandatory in practice.
The Health and Safety at Work Act 1974 requires employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of employees and others who may be affected by their work. Allowing someone to drive a company vehicle without verifying they hold a valid licence would be difficult to defend as "reasonably practicable" after an incident.
The Road Traffic Act 1988 makes it an offence to cause or permit a person to drive a motor vehicle on a road if that person does not hold the appropriate licence for that vehicle. "Permit" has been interpreted broadly by courts to include situations where an employer did not check. Ignorance is not a straightforward defence.
The DVLA's own vehicle enforcement policy sets out the agency's approach to pursuing operators who allow unlicensed driving (DVLA Vehicle Enforcement Policy).
What frequency is reasonable? Most fleet risk advisers and insurers regard the following as a defensible baseline:
- New drivers: check before they drive a company vehicle for the first time.
- Drivers with a clean licence: check at least twice a year.
- Drivers with 6 or more penalty points: check every three months.
- Drivers who hold vocational licences (C, C1, D, D1 categories): check every six months at minimum, because vocational entitlements have stricter medical renewal requirements.
Some insurers now specify minimum check frequencies in their policy conditions. If your policy requires quarterly checks and you cannot demonstrate you carried them out, a claim could be disputed.
What happens if you get it wrong?
The consequences run across three areas: criminal, civil, and commercial.
Criminal liability. Under section 87(2) of the Road Traffic Act 1988, causing or permitting an unlicensed person to drive carries a maximum fine of £1,000. More significantly, if the unlicensed driver is involved in a serious collision, the employer may face prosecution under health and safety legislation, where unlimited fines apply to companies.
Civil liability. If an unverified driver causes injury or property damage, your company may face civil claims. Insurers can and do argue that a failure to carry out reasonable checks constitutes a breach of the duty of care, potentially reducing or voiding cover in extreme cases.
Reputational risk. For operators in regulated sectors (for example, those holding an Operator's Licence under the Goods Vehicle (Licensing of Operators) Act 1995), a finding that you failed basic driver compliance checks can be raised at a public inquiry before a Traffic Commissioner. Outcomes range from a formal warning through to licence curtailment or revocation.
The driver's position. A driver who drives while disqualified commits a separate criminal offence under section 103 of the Road Traffic Act 1988, punishable by an unlimited fine and up to six months in custody. This does not remove your liability as the employer, but it underlines why some drivers may conceal their status.
What does compliance actually look like?
A workable licence checking process has four components.
1. A written policy. Set out in writing how often checks are carried out, who is responsible for requesting and reviewing them, and what the consequence is for a driver who refuses to provide a check code or who is found to be driving without a valid licence. This document is your evidence that you took the obligation seriously.
2. A consistent schedule. Use a diary system, spreadsheet, or fleet management platform to track when each driver's last check was completed and when the next one is due. Checks that rely on memory will be missed.
3. A clear escalation process. If a check reveals penalty points you were not aware of, or a licence that is due to expire imminently, you need a process for deciding what to do. Common steps include: notifying your insurer, restricting the driver to lower-risk duties, requiring the driver to renew before driving again, or suspending driving duties pending a formal review.
4. Documented records. Keep a record of every check: the date it was requested, the date the code was provided, and the outcome. If you use a digital system, make sure it produces an audit trail. In the event of an incident or an DVSA/Traffic Commissioner inquiry, you will need to demonstrate not just that you have a policy, but that you actually ran the checks.
A note on the 21-day window. Because check codes expire after 21 days, you need to request and redeem them promptly. Build the process so that the driver generates the code, sends it to the fleet contact, and the fleet contact runs the check within the same working week. Codes that expire before being used create a gap in your records.
What about third-party checking services? Several providers offer automated licence checking that integrates with DVLA data and manages the consent and scheduling process on your behalf. These services are legitimate and can reduce administrative burden considerably, particularly for fleets with more than 20 drivers. They do not remove your legal responsibility, but they make it easier to demonstrate consistent compliance.
Summary: one-glance checklist
- Generate: each driver obtains their check code via their Government Gateway account at gov.uk/view-driving-licence.
- Consent: the driver must share the code willingly; you cannot obtain it without them.
- Frequency: at minimum, twice yearly for clean licences; quarterly for drivers with 6 or more points; before first drive for new starters.
- Vocational licences: check every six months; medical renewals are a specific risk area.
- Document: record every check with date, outcome, and any action taken.
- Escalate: have a written process for what happens when a check reveals a problem.
- Review your insurance: confirm whether your policy sets its own minimum check frequency and ensure you can meet it.
- Consider automation: for fleets of 20 or more drivers, a digital checking service reduces the risk of checks falling through administrative gaps.
Failing to carry out regular licence checks is one of the most preventable compliance failures in fleet management. The DVLA check code system is free to use and takes minutes per driver. There is no reasonable justification for skipping it.
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