Can companies legally request you have a full clean driving licence before you apply?

Question

I have just seen a job spec, and amongst the requirements it says you should have a full clean driving licence.

Can they legally advertise such a thing? As it is a barrier to even applying for the role?

Also, if you do not get a company car, and this is not pertinent to you role, for example if you worked in a cave and never needed to drive for business purposes is this not unfair and prejudicial to people who may have just gone 3 miles over the speed limit?

Does this contravene human rights?

Answer 1

If the job involves driving I am sure they are entitled to demand a clean licence, I would too.

Answer 2

Ive just started a new job and I have to have a totally clean licence. I think they are entitiled. At the end of the day when driving their vehicles (which I will be doing) I am representing the company, so if they see points its going to deter them from employing you. There are a number of companies which will allow you to have point though, like Ocado for example. The bigger the company and workload (ie shopping delivery) the more likely they may be to allow some points cos they want the job done!! Companies obviously have their own discretion on this topic. I can however sympathise with you for having this problem if you were only 3 mph over the limit........one ocassion shouldnt stop you getting a job!

Answer 3

Yes, they can make such a requirement. Most companies want a clean driving record if your job will involve driving a company vehicle or even driving your own vehicle on company business. Remember, no one has a right to operate a motor vehicle. All 50 states in the U.S. agree that driving is a privilege, not a right, and only certain people who meet certain age, physical, and capability requirements will be allowed to drive (that's why you have to be licensed). Your driving record is also an indicator of your integrity. People with clean records are considered to be generally law-abiding citizens, while people with speeding tickets and moving violations are looked upon as untrustworthy because they can't do something as simple as obeying the rules of the road. It's an indicator that such a person may believe the rules don't apply to him/her, or that he/she is above the law. Now, they can't stop you from applying for a job even if you don't meet the requirement, but that's their way of saying you won't even be considered for the position unless your driving record is clean (and yes, they CAN do that).

Answer 4

if you will be required at some point to drive a company owned vehicle then yes they can stipulate a clean driving licence as it will affect what they pay for insurance, which is higher anyway for commercial vehicles.

Even if you were only 3mph over the limit, you were still speeding and gives the impression that you may be an irratic driver, whether this is the case or not is irrelevant.

if you will never need to drive for them, then no they can't use it as a factor to deny your application.

Answer 5

yes companies can demand a clean driving record.

Your driving record indicates lots of information about you to a company. It shows how reckless you have been (accidents), how often you break the law and have been caught (ie speeding tickets), as well as many other things.

Another reason they demand this is because if you have to transport goods or individuals in your vehicle, the companies insurance carrier will charge them a higher premium if you have a dirty driving record.

If the position asks for a clean driving record, there usually is a reason.

It is possible that you can sue a company for illegal hiring practices if a clean driving record has ABSOLUTELY nothing to do with the job description, but that would be extremely difficult to prove.

Answer 6

It is completely legal. They request a clean driving record to keep down the cost of insurance on their vehicles. It doesn't matter if you're given a vehicle or just use one of theirs every once in awhile, they have to be sure you're insured. If you're getting a desk job, they may ask for a clean driving record in case they want to send you on an errand or something.

Answer 7

If it is a recordable offense then it is legal to request that information even if the company does not require you to drive a car. Why? I dont know it is just that anything that can go on any sort of record can be checked or requested.

Answer 8

It really depends on the job. If the job is for a taxi driver position, then this request obviously makes sense because cab companies definitely don't want someone who's going to be costing the company a lot of money with their bad driving. If the job is completely unrelated, then I suppose it's not too fair of a question to ask.

-Eso

Answer 9

Of course its legal - if its a requirement for the job. You might as well say it's illegal to advertise for a qualified doctor as it bars everyone else from applying!

Answer 10

Driving record is not in the list of legally defined discriminations such as gender, race, sexual orientation, or age.

Therefore, employers can in fact use driving record to determine you they want to hire or not hire.