Driving license checks by the employer are an important task in the vehicle fleet. It is one of the The aim is to increase the safety of drivers . In our article, you can find out what the driving license check by the employer is and what methods there are for carrying out the check.
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What is the driving license check by the employer?
In addition to the UVV driver instruction and the UVV vehicle inspection, the driving license check is a central area of owner liability. In a company fleet, the driving license check is carried out by the employer. As the owner of the company vehicles, the employer must determine whether all drivers have a valid driving license.
As part of the driving license check by the employer, it is also checked whether the driving license is sufficient for the respective vehicle and for use in the company. In addition, it should be checked whether there have been any traffic violations or other incidents in the meantime.
It does not matter whether it is a personal company car or a pool vehicle. A copy of the driver’s license is not sufficient for the checks; instead, the original driver’s license must always be presented.
How often should driving licenses be checked by the employer?
While the consequences of a missed driver’s license check by the employer are regulated by law, there are no guidelines on how often it should take place.
It must therefore be decided on an individual basis how regularly checks are carried out in the fleet. It is recommendedto checkthe driver’s license before driving a company vehicle for the first time and then twice a year, i.e. every six months. Under certain circumstances, the check should also be carried out more frequently. This may be the case if drivers receive an increased number of fine notices, the vehicles show increased damage or there is a suspicion of impaired driving.
Every inspection must then be fully and comprehensibly documented and archived in accordance with the GDPR.
Employer driving license check: What is the legal basis?
Regardless of the size of the fleet, regular driving license checks by the employer are mandatory. This arises from Section 21 of the Road Traffic Act (StVG), which makes driving without a license a criminal offence. If the driving license check is not carried out properly or irregularly by the employer, there can therefore be considerable consequences, particularly in the event of a claim.
According to the owner’s liability, the owner faces a prison sentence of up to one year or a fine of up to 180 daily rates if he allows the company vehicle to be driven without a valid driving license. Under certain circumstances, the vehicle may also be confiscated by the authorities. It is not only the missed test that is problematic. Direct knowledge of a missing driving license is also punishable.
In addition, a missing driver’s license can mean that the insurance company is not liable in the event of an accident with the company car. Section 28 of the German Insurance Contract Act (VGG) stipulates that the insurance company will not accept liability if certain contractual conditions are not met. These may include, for example, possession of a valid driving license and regular driving license checks by the employer.
How is the driving license check carried out by the employer?
The employer has two different options for carrying out the driving license check : the manual and the electronic check method. Both variants are characterized by their different procedures. Fleet managers or employers can decide which inspection method is suitable for their fleet or combine both methods.
Manual driver's license check
During the manual driving license check, the employer is on site at the fleet and personally checks the employee’s driving license. The employee must bring their original driver’s license with them to have it checked for . It is important that the employer has the original document – copies of the driver’s license are not permitted.
After the inspection by the employer, everything must be documented in a legally compliant manner. All necessary documents and inspection records must be organized and archived by hand . It is important to ensure that all documents are stored securely and protected from access by third parties. This is often cumbersome for fleet managers and involves a great deal of effort.
For example, if the fleet consists of 20 vehicles and the inspection is carried out every six months, this means 40 appointments per year. The effort involved in carrying out and subsequently documenting these checks quickly adds up. To avoid these hurdles, more and more fleet managers are turning to electronic driving license checks.
Driver's license verification
For example, an NFC tag (Near Field Communication ) can be affixed to the driver ‘s license for a driver’s license check by the employer. This is only possible for original documents and not for copies of the driving license. The driving license check can then be carried out at special check stations, via smartphone app or web application. The NFC tags are scanned and the information is forwarded to the system.
Inspection intervals can be set individually depending on the requirements of the fleet. Drivers are then reminded as soon as an appointment for the electronic driver’s license check is due. This helps to meet deadlines and also offers a great deal of flexibility, as the employer does not have to be present for the driver’s license check. In addition, the system ensures complete documentation so that proof can be retrieved quickly in the event of a claim.
From the legal basis to the most important obligations – find out more about the topic of keeper liability in our free guide: Keeper liability in the vehicle fleet
Do not forget: UVV driver instruction
Instructing all drivers in accordance with UVV (accident prevention regulations) is also part of the owner’s liability obligations in the vehicle fleet. The aim is to ensure that they are safe when handling company vehicles and know how to behave correctly in the event of an accident .
More and more fleet managers are relying on electronic driver training, such as that provided by Fleethouse. All relevant content is conveyed in the form of an e-learning course and the drivers’ level of knowledge is checked by means of a final test. The training content is already prepared and can be accessed immediately. Dates are organized automatically and the results are also stored in a traceable manner. This saves a lot of time in day-to-day business and helps to ensure compliance with keeper liability obligations.
The most important facts about driving license checks by employers
Driving license checks by the employer are part of the owner's liability obligations and must be carried out regularly.
If the driver's license check is not carried out properly or irregularly, this can lead to serious sanctions such as fines or imprisonment, especially in the event of a claim.
The driving test can be carried out electronically with the help of NFC tags and smartphone apps. This saves time and simplifies organization.
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