“Exceptional hardship” drivers could create headache for fleet managers

Company car and van drivers with 12 points on their licence who escape a driving ban by pleading “exceptional hardship” could create a headache for fleet managers.

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The company points to a widely reported case this month where a driver in Blackburn was allowed to keep their licence despite clocking up 30 points by mounting a defence that loss of licence would cause them severe problems.

Neville Briggs, managing director at CFC, said: “The rule is normally that 12 points results in an immediate ban but by pleading ‘exceptional hardship’ to a magistrate, which could consequences such as loss of a job, some drivers keep their licences.

“Thankfully, this is a fairly rare occurrence but it does prompt a question for fleet managers that could create a managerial headache – do you continue to employ a driver with more than 12 points because they represent such a risk to your company and, also, would it be legal for you to dismiss them?”

Briggs said that among the tens of thousands of company car and van drivers who were checked using CFC’s Licence Check software, three had more than 12 points, indicating that the problem was rare but not unknown.

He continued: “Probably the best way for fleet managers to circumvent this problem is by writing something into employee contracts stipulating that there is an option to dismiss an employee if they rack up more than 12 points.

“Certainly, if you continued to employ a driver who racked up, for example, 15-20 points and that person then caused a serious accident, you would probably be on shaky ground from a duty of care point of view. That person is a known high risk.”