Ogilvie Fleet regularly completes full audits of our company car drivers to ensure all licences are up to date. But one question we often get asked, is will an expired photo invalidate the licence?
Michael Pace, partner and head of motor law and PI team at Andrew and Co LLP, explained in Fleet News.
"Contrary to some police officers, out-of-date photos do not invalidate licences.
The actual offence committed is failing to notify DVLA of up-to-date information, contrary to s.99.5 of the Road Traffic Act. Not, as has been suggested, ‘driving otherwise than in accordance with a driving licence’.
Failing to update your photo is a non-endorseable offence although it could carry a fine.
When carrying out annual checks of employees’ licences, fleet managers should ensure that photos are valid.
This will avoid the need for legal advice if an overzealous police officer attempts to seize the vehicle or, if following an accident, an insurer refuses to indemnify.
Companies could also face allegations of aiding and abetting if the offence is committed by employees driving on company business, whether in their own vehicle or a company one."
So while the onus relies on the driver to keep the photograph up to date, Fleet Managers should also be aware of the implications of their own company car drivers failure to do so.
The full article in Fleet News can be read here.