Fleets will not be initially charged when the new online licence checking service goes live, the Driver and Vehicle Licensing Agency (DVLA) has announced. 

The Government announced in 2012 that, as part of its ‘red tape challenge’ to cut bureaucracy, the regulation requiring drivers with a credit card-sized photo driving licence to hold a paper counterpart would be removed.

However, as the abolition of the counterpart from January 1, 2015, draws nearer that poses a problem for fleets and the vehicle rental industry.

The paper counterpart is used by 46.5% of fleets to check employee’s driver category exemptions and endorsements, according to a recent Fleet News poll.

Its removal would therefore leave thousands of companies having to find an alternative way of checking employees’ eligibility to drive.

It has been an issue that the DVLA has recognised and one it pledged to work with ACFO and the industry when it gave a presentation to fleets at this year’s Company Car in Action (CCIA).

Earlier this year the DVLA launched its Integrated Enquiries Platform (IEP) allowing individuals access to their driver record and it has also been working on a document checking service that can be accessed by corporate organisations.

The Share My Driving Record (SMDR) service is now in the final weeks of testing and the DVLA says it has continued to use insight and feedback gained from visits to potential users before launching the web-based service.

The DVLA said: “We aim to have a working prototype by early August and have several rounds of insight and feedback sessions scheduled over the coming months with employers, car hire companies, driving instructors and intermediaries.

“We are aware that many parties are interested in how Share My Driving Record will be accessed.

“Access controls are under active consideration, we are trialling a number of options and will continue to gather user feedback as we finalise options.”

Crucially, it added: “The new Share My Driver Record service will initially be free. However, this position will be kept under continuous review and is subject to change based on potential costs and other factors.

“Not charging users for SMDR is based on the service providing the basic information available on the counterpart, which the driver can currently present free of charge to those who have right to view it.

“If enquirers require further detail on the record, they can choose to use any of the existing services, whose charges remain unchanged.”

ACFO chairman John Pryor and fellow director Julie Jenner have been working closely with the DVLA for more than 12 months on development of SMDR.

Jenner said: “We hugely welcome engagement with the DVLA and we are delighted that it has listened to our view that access should be free.

“It would be completely wrong and a financial burden on business to charge for information that is currently freely available.”

Currently, to meet the requirements of the Data Protection Act (DPA) 1998, driver data can only be disclosed for driver entitlement checking purposes with the explicit consent of the data subject.

Consent is valid for up to three years and, in most cases, is recorded on a paper mandate for audit purposes.

Once the paper counterpart has been abolished the DVLA may no longer need to rely on the driver’s explicit consent to legitimately process their sensitive personal data for driver entitlement checking purposes.

If the DVLA relies on an alternative schedule condition within the DPA, recipients of the data may still need to be able to demonstrate that the data was accessed for a legitimate purpose, and will still need to inform drivers that they intend to request their personal data from the DVLA.

“Detailed audit requirements will depend on the technical solution adopted,” explained the DVLA. “We expect to be in a position to confirm what abolition of the counterpart means to obtaining consent from the data subject in the next update.”

Pryor said: “Database security is a major issue for ACFO members. It is vital that access is tightly controlled and we continue to liaise with the DVLA on the issue. The information needed to access SMDR must be unique and should not be easy to collate.”

Referring to the potential non-requirement of any mandate Jenner continued: “This will I’m sure be welcomed from a fleet manager administration viewpoint.

"Employers already hold the personal details of their employees - such as their bank account details - and the principle is similar.”

Pryor added: “It is possible that employers may amend current employee documents to the effect that they will have permission to access their driving record via SMDR while they remain an employee of the business.

“What we have yet to learn is what the penalties will be, if any, for people who access the database without the permission of the driver and how will anyone find out if that happens.”

DVLA plans to have an SMDR working prototype available shortly and undertake testing with ACFO members and other organisations over the coming months.

Pryor said: “We have seen the prototype and it seems to work well. It is the fine minutiae that require to be worked on, but we are hopeful that the system will be up and running by the time the paper counterpart is officially abolished.”

Jenner added: “The timetable is tight and if the DVLA believes it will not meet the 1st January 2015 deadline for abolition of the paper counter of the driving licence with implementation of the online service we would welcome early clarification.

“Fleet managers require time to amend policies and procedures and they need to be certain that the new system is working efficiently and effectively. Any delay could easily be dealt with at this stage, but may be a bigger issue closer to 2015.”


 

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