You can ask to see a driving licence when driving is genuinely part of the role. 
This requirement is based on the Road Traffic Act 1988, section 87, which makes it unlawful for a person to drive without the correct driving licence. Businesses therefore have a responsibility to take reasonable steps to ensure that anyone driving for work is legally entitled to do so. Government guidance on employing people to drive also advises checking licences where driving is a core duty. 

This includes situations where a worker is expected to: 

• Drive company vehicles 

• Drive their own vehicle for business purposes 

• Transport equipment or materials 

• Travel between sites regularly 

• Operate specialist vehicles (e.g., vans, minibuses, location vehicles) 

In these cases, it is lawful and appropriate to check that the worker: 

• Holds a valid driving licence 

• Has the correct category entitlement 

• Has not been disqualified 

• Meets any insurance conditions tied to the role 

You should not routinely request a licence. For example, administrative or office-based roles do not justify licence checks unless there is a stated business need. 

What happens if you don’t ask to see the licence when you should? 

Failing to verify a worker’s entitlement to drive can expose the business to: 

• Insurance invalidation – accidents may not be covered if the driver was not legally entitled to drive 

• Legal and financial liability – including civil claims or recovery of costs if an incident occurs 

• Health & safety failings – allowing a worker to drive without lawful entitlement may be seen as a failure to manage risk 

Requesting a licence without a legitimate need can: 

• Breach UK GDPR, as driving-licence data includes offence-related information which must only be collected when necessary 

• Create risk of indirect discrimination if unjustified criteria discourage certain applicants 

• Introduce unnecessary barriers to engagement and undermine fair recruitment practices 

Businesses should only request a licence check when there is a clear connection between the driving requirement and the duties of the role. 

A “clean” licence usually means no penalty points or endorsements. 

You can require a clean (or low-points) licence if: 

• The role involves professional or frequent driving 

• Your insurance policy requires drivers to have zero or limited points 

• The worker will be responsible for carrying passengers, expensive equipment, or driving heavier vehicles 

• You can show the requirement is proportionate and based on risk 

This kind of requirement should be stated upfront, ideally in the job description or engagement brief. 

You should not require a clean licence if: 

• Driving is optional, occasional, or not a material part of the role 

• The requirement is only a “preference” 

• It is not connected to safety, insurance, or regulatory obligations 

A blanket “clean licence only” rule can be discriminatory if the requirement is not objectively justified. 

The most common method is the DVLA online licence check. 

Workers can generate a share code at: 
https://www.gov.uk/view-driving-licence 

With the share code, businesses can verify: 

• Licence validity 

• Expiry date 

• Categories and entitlements 

• Penalty points (if relevant to the role) 

• Disqualifications 

Only check what you need, not all roles require full disclosure of points. 

If a worker is using their own vehicle for work-related tasks, you should also ensure: 

• The vehicle is insured for business use (not just “social, domestic and pleasure”) 

• MOT and tax are up to date 

• The vehicle is suitable for the duties required 

Government guidance confirms these checks as part of employing people to drive. 

Driving licences contain offence-related data, which has extra protections under UK GDPR and the Data Protection Act 2018. 

Your obligations include: 

Lawful basis 

You must have a valid reason for processing licence data - typically legitimate interests or contractual necessity. 

Minimal data collection 

Don’t store unnecessary data. 
 

Often it is enough to record: 
“Licence checked on [date] - valid for Category B.” 

Security and access 

Store information securely, limit access, and delete it when no longer needed. 

Transparency 

Make sure your privacy notice explains why and how driving-related data is used. 

Explain upfront 
Make driving duties clear in role descriptions or callouts. 
If a clean licence is required for insurance, state this early. 

Be proportionate 
Only request a clean licence if it is genuinely required. 
Avoid blanket exclusions. 

Apply policies consistently 
If a points threshold is required (e.g., “no more than 3 points”), apply it to all comparable roles. 

Keep guidance updated 
Insurance conditions, risk profiles, and regulations may change between productions.