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Driver Licence Check and Vehicles as a Workplace

Published: 02/04/2019


Driver Licence Check and Vehicles as a Workplace

One way to ensure the driver's you employ , or that are used by the transport company you are using, are correctly licensed, and that their license is current is to use the Driver's licence check (for NSW).
 
Unless authorised by law, Roads and Maritime Services will not release a driver's or rider's licensing personal information to a third party organisation without the permission of that driver or rider.

Roads and Maritime provides an online Driver Licence Check (DLC) service to authorised organisations, such as heavy vehicle operators to assist them to fulfil their duty of care responsibilities concerning road safety as well as to encourage the promotion of good driving practices. 
 
DLC is supported by the Road Transport (Driver Licensing) Regulation 2017. 

DLC is an internet application that can be used for organisations to confirm driver licence and demerit point status of drivers engaged, or intended to be engaged, to drive vehicles for their organisation. Roads and Maritime will not grant access to the DLC service if it is intended to be used for other purposes. 

DLC is an online service providing: 
·        Licence Validation Enquiry - to confirm if a driver licence is current and the class of licence 
·        Demerit Point Enquiry - to confirm if a licence holder has 'zero' or 'one or more' demerit points accumulated. The demerit points balance is not released. 

Each enquiry requires the prior express consent of the licence holder who is the subject of the enquiry. The authorised organisation must retain evidence of that consent for audit purposes. An authorised organisation must agree to and comply with the stringent auditing requirements set out in an agreement endorsed by the Privacy Commissioner.

Organisations wanting access to DLC are encouraged to submit an Expression of Interest to Roads and Maritime.

 


If you require further information on how to use the service, please contact the Contact Centre on 13 22 13 between the hours of 8:30am to 5:00pm Monday to Friday, 8:30am to 12:00pm Saturdays, excluding public holidays.
 
Each organisation needs to determine a process that is reasonable and practical to ensure that driver's are correctly licensed to perform transport operations.
 
This is another example of what can be done under the requirements of Chain of Responsibility to assist with compliance.
 
Small steps in your processes and communication with your supply chain partners is what is required to assist you with compliance.

Vehicles as a Workplace
 
Worksafe has recently published a document titled Vehicles as a Workplace.
 
This document is a good read for all companies that use vehicles for a portion of their work activities.
 
The guide has been prepared to assist compliance with the WHS laws in model law jurisdictions. 
 
Requirements in jurisdictions that have not implemented the model WHS laws will vary and organisations should ensure that they comply with the provisions of the jurisdiction in which they are operating. However, the principles of good safety management described in this Guide are consistent with other requirements and should assist organisations to improve safety and comply with the law wherever they are operating. 
 
Under legislation in model law jurisdictions, a PCBU has a primary duty of care and must, so far as is reasonably practicable, ensure workers and others are not exposed to a risk to their health and safety. 
This duty of care is owed when: 
• directing or influencing work carried out by a worker 
• engaging or causing to engage a worker to carry out work (including through sub-contracting) 
• having management or control of a workplace.
 
A worker can be: 
• an employee 
• a contractor or subcontractor 
• an employee of a contractor or subcontractor, or a labour hire company 
• an outworker 
• an apprentice or trainee 
• a student gaining work experience 
• a volunteer
 
Vehicle as a workplace

As a workplace, there will be numerous other organisational requirements that apply equally in the vehicle as in the office, factory or other location. 
 
Ergonomics, particularly seating comfort and position, provision of first aid, and environmental comfort should be considered as well as issues arising from working remotely from the organisation.

Vehicles in the workplace are also considered to be an item of plant under WHS law and WHS responsibilities will extend to situations where vehicles are not subject to road traffic law, such as vehicles operated on private premises, such as in factories, farms, mine sites, or otherwise offroad. 
These issues are beyond the scope of this guidance document and the reader should refer to other more specific guidance from their WHS regulator.
 

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