The length of time a driving endorsement remains on a driving licence counterpart/driver record is specified in road traffic law which requires that most drink/drug related endorsements must be retained for 11 years from the date of conviction. In the case of offences that attract an order for disqualification and those offences that involve dangerous driving or causing death by dangerous driving the endorsement must remain on the licence for four years from the date or conviction. In all other instances, the endorsement is held for four years from the date of offence.
From 8 June, the paper counterpart will be abolished and driver endorsement information will be held on the driver record only. This information is available to drivers via the ‘View Driving Licence’ system which enables individuals to view their endorsement for the full 4 or 11 years. However, the DVLA can only disclose endorsement information to third parties with the consent of the driver for the periods of time specified in the Rehabilitation of Offenders Act 1974 as amended. The Agency is currently developing a system for third party access called ‘Share My Licence’. The endorsement information disclosed will be in line with the ROA which in most cases is five years from the date of conviction (or offence if no conviction date) for adults and two years and six months from the date of conviction (or offence if no conviction date) for minors e.g. those under 18 years of age at the time of conviction or offence.
The length of time a driving endorsement remains on a driving licence counterpart/driver record is specified in road traffic law which requires that most drink/drug related endorsements must be retained for 11 years from the date of conviction. In the case of offences that attract an order for disqualification and those offences that involve dangerous driving or causing death by dangerous driving the endorsement must remain on the licence for four years from the date or conviction. In all other instances, the endorsement is held for four years from the date of offence.
From 8 June, the paper counterpart will be abolished and driver endorsement information will be held on the driver record only. This information is available to drivers via the ‘View Driving Licence’ system which enables individuals to view their endorsement for the full 4 or 11 years. However, the DVLA can only disclose endorsement information to third parties with the consent of the driver for the periods of time specified in the Rehabilitation of Offenders Act 1974 as amended. The Agency is currently developing a system for third party access called ‘Share My Licence’. The endorsement information disclosed will be in line with the ROA which in most cases is five years from the date of conviction (or offence if no conviction date) for adults and two years and six months from the date of conviction (or offence if no conviction date) for minors e.g. those under 18 years of age at the time of conviction or offence.
Thoughts?
do the crime do the time. In another twist if your a pedo you get 10 or whatever years inside come out and because you’ve done your time that’s its you can go get a job working with kids same thing different scenario …
I’m specifically looking for opinions on those who have a drink/drug conviction over 5 years but less than 11 on their counterpart wishing to be employed as a driver.
As we all know, as it stands at the moment anyone seeking employment in this scenario has no choice but to reveal these spent convictions to a potential employer due to having to produce the counterpart.
Under the new system employers will now no longer have this information, eliminating unlawful discrimination.
SuperMultiBlue:
I’m specifically looking for opinions on those who have a drink/drug conviction over 5 years but less than 11 on their counterpart wishing to be employed as a driver.
As we all know, as it stands at the moment anyone seeking employment in this scenario has no choice but to reveal these spent convictions to a potential employer due to having to produce the counterpart.
Under the new system employers will now no longer have this information, eliminating unlawful discrimination.
Cant see its unlawful discrimination its their assets and their name any company has a right to know who they are employing and any liabilities that would be carried.
as said by many do the crime pay the time, however I have a stronger view on drink/drug driving
SuperMultiBlue:
I’m specifically looking for opinions on those who have a drink/drug conviction over 5 years but less than 11 on their counterpart wishing to be employed as a driver.
As we all know, as it stands at the moment anyone seeking employment in this scenario has no choice but to reveal these spent convictions to a potential employer due to having to produce the counterpart.
Under the new system employers will now no longer have this information, eliminating unlawful discrimination.
Cant see its unlawful discrimination its their assets and their name any company has a right to know who they are employing and any liabilities that would be carried.
as said by many do the crime pay the time, however I have a stronger view on drink/drug driving
Do the crime pay the time has been mentioned a few times now. The ‘time’ by law is 5 years. Until the counterpart is abolished on June 8th the ‘time’ is and always has been 11 years since many employers/agencies upon seeing the counterpart will not touch a candidate with a drink/drug conviction during this period.
Drivers with conviction dates between 5 and 11 years ago will now be able gain employment in the industry whereas previously they were locked out as the DVLA will not disclose these endorsements.
if your a pedo you get 10 or whatever years inside come out and because you’ve done your time that’s its you can go get a job working with kids
I don’t think thats true
What I’m saying is the offence stays on your licence after time spent I was thinking the op is questioning that after the offence is spent ie 3 or what ever years it should be removed from reference… I might be wrong if that’s what was the OP’s point
SuperMultiBlue:
Under the new system employers will now no longer have this information, eliminating unlawful discrimination.
So a company wont be able to refuse you a job as a DRIVER because you have a conviction for drink driving? And that is considered unlawful discrimination?
Perfectly reasonable reason,and more than justified. And I welcome anyones counter argument as to why they shouldnt be allowed to use it as a reason
So a company wont be able to refuse you a job as a DRIVER because you have a conviction for drink driving? And that is considered unlawful discrimination?
If the conviction is classed as spent ie more than 5 years since date of conviction, yes.
And I welcome anyones counter argument as to why they shouldnt be allowed to use it as a reason
Perhaps I haven’t made myself clear. It is a confusing subject.
Current scenario (counterpart used for licence check)
Candidate produces counterpart to employer for inspection. On it he has 1 conviction (DR10). Convicted in 2008 (7 years ago, classed as spent under the ROA 1974 and should be ignored by employer. It is present on the licence due to sentencing reasons for reoffenders.) No other endorsements on licence.
Employer sees conviction, does not offer employment even though suitable for the role.
From June 8th onward (counterpart abolished, DVLA via phone/website used for licence check)
This time the employer uses the only method now of checking a licence, ringing the DVLA or using their soon to be launched ‘Share My Licence’ website. The DR10 is not disclosed due to the ROA 1974. Check comes back clean, no endorsements.
The act refers to minor offences and I doubt any professional driver would condone drunk driving as minor!
it further states the exemptions for ease ive copied it in and I would guess and this is a pure guess!!! that within transport workers mentioned below this covers drivers
Exemptions[edit]
Certain professions and employments are exempt from the Act so that individuals are not allowed to withhold details of previous convictions in relation to their job when applying for positions in similar fields. These professions include :
Those working with children and other vulnerable groups, such as teachers and social workers
Those working in professions associated with the justice system, such as solicitor, police, court clerk, probation officer, prison officer and traffic warden
Doctors, dentists, pharmaceutical chemists, registered pharmacists, pharmacy technicians, nurses or paramedics
Accountants
Veterinarians
Managers of unit trusts
Anyone applying to work as an officer of the Crown
Employees of the RSPCA or SSPCA whose duties extend to the humane killing of animals
Any employment or other work normally carried out in bail hostels or probation hostels
Certain officials and employees from government and public authorities with access to sensitive or personal information or official databases about children or vulnerable adults
Any office or employment concerned with providing health services which would normally enable access to recipients of those health services
Officers and other persons who execute various court orders
Anyone who as part of their occupation occupies premises where explosives are kept under a police certificate
Contractors who carry out various kinds of work in tribunal and court buildings
Certain company directorships, such as those for banks, building societies and insurance companies
Certain civil service positions are excluded from the act, such as employment with the Civil Aviation Authority and the UK Atomic Energy Authority.[1]
Taxi drivers and other transport workers.
Butlers and other domestic staff
Aside from these trades and professions, the law also exempts organisations if the question is asked
It also lists exceptions and states
So they have to check on a database instead of looking at a badly worn piece of paper to check the candidates history. Any reputable employer should check a prospective candidate as best they can. I don’t see the problem and I will be glad to see the end of the paper counterpart
It will be interesting to see when their online service comes online what will and won’t be disclosed.
You can check your own licence now via View or share your driving licence information - GOV.UK but the DVLA do not endorse the use of this for third-party viewing ie employer and are working on the Share My Licence website due to be launched shortly after the election.
same thing different scenario …