limeyphil:
You shouldn’t take into account convictions within the last 10 years, You should only look at convictions within the last 5.
I didn’t say it was ‘me’ that’s taking it into consideration but I need to know because the insurance insist on knowing. Any points/endorsements/convictions they ask for that are not declared will invalidate the insurance.
So, lets assume with this ‘new system’, I am not allowed to know about this drivers DD conviction. I’ve got a feeling that when ‘Mr John Smith the (DD) driver’ is put forward to the underwriters for inclusion on the policy, they might come back to me and say something along the lines of “Yes, we can provide cover for Mr DD, subject to a £XXXX excess” (as in, lots more than Mr ‘Good Guy’ Driver).
Me: “Sorry Mr DD, I don’t know what/why (I can have a good guess!!) but I can’t take you on due to the effect on my insurance. Bye!”
I just don’t see that any new system is going to preclude a potential employer from knowing about a DD conviction.
There’s such a shortage of 0 points licenses out there, the entire regime has to be softened lest there not be enough bods left to man the £6.50ph jobs in future… 
It will be interesting to see how this pans out, but as I said above - “Endorsements are not convictions”. Even before this change, an endorsement for Drink/Driving stayed on your licence for a lot longer than the “Spent” conviction (assuming you were only fined for the offence). I don’t see that changing in any significant way.
Also, some participants seem to have the idea that when the paper counterpart dies, the endorsements will die with it. My understanding is that this simply is not the case, and anyone having legitimate grounds to check the status of your licence will be able to do so on-line (or by telephone). It is similar to the move away from paper MoT certificates to an on-line system.
Roymondo:
Also, some participants seem to have the idea that when the paper counterpart dies, the endorsements will die with it. My understanding is that this simply is not the case, and anyone having legitimate grounds to check the status of your licence will be able to do so on-line (or by telephone). It is similar to the move away from paper MoT certificates to an on-line system.
Interesting point Roymondo, my question would be “who would have the right to check with DVLA?” Of course I accept that the Police would have a legitimate claim, and also to a certain extent a prospective employer, but where do we draw the line? Maybe an ex agency pen pusher decides to branch out and start his own agency utilising his “little black book” of driver contact numbers, should he have access to this information?
Lets face it, DVLA aren’t exactly whiter than white when it comes to selling information to third parties are they?
Roymondo:
It will be interesting to see how this pans out, but as I said above - “Endorsements are not convictions”. Even before this change, an endorsement for Drink/Driving stayed on your licence for a lot longer than the “Spent” conviction (assuming you were only fined for the offence). I don’t see that changing in any significant way.
Also, some participants seem to have the idea that when the paper counterpart dies, the endorsements will die with it. My understanding is that this simply is not the case, and anyone having legitimate grounds to check the status of your licence will be able to do so on-line (or by telephone). It is similar to the move away from paper MoT certificates to an on-line system.
The significant differance is your points and convictions can’t be used against you to increase insurance premiums or deny you employment after 12 months from conviction. At the moment it is 5 years from conviction.
Even though a DD stays on the paper part of a licence for 11 years, and employer or agent won’t have access to any dvla endorsement info after 12 months under the new regs.
limeyphil:
Even though a DD stays on the paper part of a licence for 11 years, and employer or agent won’t have access to any dvla endorsement info after 12 months under the new regs.
What makes you think that will be the case?
Roymondo:
limeyphil:
Even though a DD stays on the paper part of a licence for 11 years, and employer or agent won’t have access to any dvla endorsement info after 12 months under the new regs.
What makes you think that will be the case?
Under the present rehabilitation of offenders act. If you have say a DD or other serious coviction/endorsement on your licence that’s over 5 years but under 11 years from the date of conviction and happen to have “lost” your paper part. An employer, insurance company, or hire company may contact DVLA with your permission to check your licence. DVLA won’t tell them about anything that’s over 5 years old. They can’t, That’s why the rehabilitation of offenders act is there. Under the new rules from March 10th, They won’t disclose anything over 12 months old.
The only time that convictions can be disclosed outside of this are for certain occupations, Working with children, healthcare, military, that sort of thing.
The same goes for speeding and mobile phone points. They stay on your licence for 4 years, You should disclose them for 5 years and DVLA will disclose them for 5 years, But it will soon be 12 months.
stuh:
So you can do 10 yrs in prison and after 2 yrs you don’t have to declare it.
You can be convicted of drink driving and get a minimal ban etc (not justifying it) and it follows you around for 11 yrs!!
How is this common sense?
Common sense doesn’t really work in Blighty now does it!?
the maoster:
Interesting point Roymondo, my question would be “who would have the right to check with DVLA?” Of course I accept that the Police would have a legitimate claim, and also to a certain extent a prospective employer, but where do we draw the line? Maybe an ex agency pen pusher decides to branch out and start his own agency utilising his “little black book” of driver contact numbers, should he have access to this information?
As it stands now, the person who is having his/her driving licence checked with DVLA has to give their permission and I don’t see that changing with the new system. With regard to insurance companies and obtaining quotes etc, I dare say there will be some small print to the effect that by asking for a quote you are also giving permission for the driving licence check to go ahead.
it’s not a given that DVLA will always give out the info. I’ve known a few times where, for some reason or other, they were not convinced that the driver was the genuine person and so wouldn’t do the check. Even if they go ahead with the check, they won’t tell you anything, they will only confirm the questions you ask them i.e. they won’t tell you a driving licence number, any endorsements/penalty points, etc. but they will confirm if the number is correct or not once you have read it to them.
The ‘ex agency pen-pusher who branches out on his own’ is taking a risk, as is the previous employer. The ICO (Information Commissioners Office) who manage the Data Protection Act in businesses, make it very clear as to how personal data is to be handled, stored, secured and disposed of, and the time limits that also apply to the holding of that data. If at any time a driver was concerned that their data had not been handled correctly and reported it as such, the ICO are quite forceful in their pursuit of those that may have committed an offence (a sceptical person might say it’s more about justifying their existence than protecting the individuals data).
The questions regarding endorsements appear to be currently unanswered:
“There are still questions around how motoring offences, particularly endorsements, will be affected by these changes. The Government have said these will be clarified before the changes come into force.”