Traffic Commissioners to scrutinise agency driver arrangements
Senior Traffic Commissioner, Richard Turfitt, has warned operators that it would be a mistake to assume that Traffic Commissioners will not scrutinize agency agreements or arrangements. Where the use of agency drivers is circumventing the various rules that govern driver agencies or are being used as a front for self-employed drivers, the Senior Traffic Commissioner has made it clear that repute will be in question.
The decision marks a progression from previous cases where Traffic Commissioners and the appeal court have considered the use of self-employed drivers by commercial vehicle operators and concluded that the use of self-employed drivers is rarely legitimate. The appeal court have upheld the revocation of licences by Traffic Commissioners where operators have relied upon self-employed drivers. This latest decision demonstrates that operators need to be careful when engaging with drivers on an agency basis.
Whilst agency drivers have a place in the commercial vehicle sector, the Senior Traffic Commissioner made it clear that operators should not use agency drivers as long-term solutions, rather they are to provide temporary relief to deal with matters such as sudden or seasonal increases in work or a shortage of staff due to turnover or resulting from absences. Mr Turfitt referred to HMRC guidance which defines a temporary employee as “people that are contracted to a job for a limited period, and they are hired straight from the company or through a third-party agency that staffs for other companies.”
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