“Association/ADLV” means the Association for Driving Licence Verification an incorporated company that is limited by guarantee. The Association was set up in order to encourage and promote road safety by encouraging the regular checking of a driver’s entitlement to drive as motor vehicle through both electronic and other forms of licence check referencing the DVLA’s driver records. In order to access these records, members of the Association undertake to observe certain standards and responsibilities set out in this Code of Practice.
“Board” shall mean the board of directors of the Association.
“Client(s)” means the individual or organisation that intends to use the driver licence verification services provided by Members.
“Code” shall mean this Code of Practice and Compliance.
“DVLA” means the Driver Vehicle and Licensing Agency.
“DVLA Data” means the information held by the DVLA on their database including the driver’s name and address details, licence number, issue and expiry dates, any penalties or convictions and the classes of vehicle that may be driven.
“Driver” means the individual whose details, including name, address and Driving Licence Number, are provided to an Association member for verification against the record held by the DVLA in their database.
“Member(s)” means a member of the Association whose name is maintained on the Register of Members and who by joining the Association agrees to be bound by the articles, by-laws of the company and this Code of Practice and Compliance. Where the Member appoints or uses intermediaries or sub-contractors to deliver all or part of the Services, they shall be responsible for procuring that those intermediaries or sub-contractors are bound by and abide by the principles of the Code. Organisations who wish to join the Association that meet the qualifying requirements will each constitute a single Member. Multiple Memberships for a single Organisation are not allowed.
“Organisation” means a legal entity that is registered at Companies House.
“Services” means the provision of driver licence checking services to Clients.
- The Association for Driving Licence Verification (“ADLV”) is a trade body that represents and regulates those organisations who are Members of the Association. The Association through its board of directors is responsible for managing the Code and ensuring that its Members comply with the Code.
- The Code will be reviewed at appropriate intervals to ensure that it remains practical and relevant. Where any major changes are envisaged, there will be a formal consultation process involving the Members and external agencies such as the DVLA where such agencies are likely to be affected by the proposed change(s). As part of this consultation process Members will be invited to submit a written response to any draft proposed changes and allowed adequate time to do so. Responses will be collected and published to Members by the Board together with recommendations. Members will then be asked to vote to accept or reject the recommendations by simple majority. In the event of a tied vote, the Chairman of the Board shall have the casting vote.
- Where any recommended changes to the Code are such that they will have or are likely to have reasonable material significance to the operational delivery of services or any matter of policy or practice for the DVLA or the Department for Transport, the DVLA shall be asked to participate in the consultation process by the Board with a view to securing their approval of amendments to the Code or rejection in advance of such changes.
- The aim of the Code is to describe best practice for the Members that provide driving licence verification checks to individuals and firms that, as part of their duty of corporate responsibility are under an obligation to ensure that Drivers whom they employ or intend to employ and who may drive in the course of business are properly licensed to drive the intended class of vehicle and are in possession of a current, valid licence for this purpose: it will include the continued checking of driving entitlements as part of a regular process of due diligence to ensure that entitlement to drive has not ceased or materially and significantly changed.
- The Code includes the standards of professional conduct that the Association expects from its Members as well as outlining the complaints procedure to be followed where a Driver complains. It also outlines the disciplinary measures that may be taken against a Member who breaches the Code.
- Any organisation that applies for membership of the ADLV must accept and abide by the terms of the Code and introduce internal procedures to ensure compliance with the Code. Any failures to keep to the conditions of the Code may result in disciplinary action.
- The Code is not intended to replace any requirements laid down on Members by law.
- It is a condition of the Code that:
- Members are appropriately registered with the Information Commissioner; and
- Members adhere to the provisions of the Data Protection Act 1998 and any regulations made under that Act; and
- Members adhere to any DVLA requirements relating to the access and use of their data; and
- Members either have or secure ISO 27001 certification for the premises and IT systems being used in connection with the provision of the Services. ; and
- Member employees are subject to certain minimum standards of security vetting as part of your obligation to provide a professional service and secure data subjects personal data; and
- the minimum documentation outlined in the By-Laws is provided as part of a process to ensure continued probity and suitability to provide the Services to Clients.
- Members will indemnify the Association and the Board against claims that arise from their wrong doing, including but not limited to breaches of this Code, the Articles and By-laws of the Association, misuse of the DVLA data or breaches of their obligations under the Data Protection Act 1998 (as amended) or any fraud or illegal behaviour on their part.
- The board of directors of the Association will use all reasonable endeavours to ensure that any Accredited or similar status that is achieved between the DVLA and the Association is retained. Members are expected to support the Board in their endeavours and not jeopardise or in any way hinder their efforts.
- The Board and the Association will not be liable to Members for any direct or any indirect or consequential losses that Members or any third party incurs from complying with the Code or any failure to comply with the Code or any part of the Code or any refusal or denial on the part of the DVLA to allow access to DVLA data.
- COMPLIANCE WITH THE CODE & AUDIT
- Members must ensure that they have systems and procedures in place such that substantive compliance with the provisions of the Code is embedded within the culture of the organisation. This will include ensuring employees receive adequate and sufficient training such that they are aware of the requirements of the Code and conduct themselves accordingly and will periodically test this from time to time.
- In order to ensure compliance, Members will be subject to independent audit by a team of auditors appointed for this purpose by the Board. Serious evidence of non-compliance may result in suspension or termination of membership. Less serious non-compliance must be corrected within the agreed timescales. Unless there is sufficient evidence of non-compliance to justify more frequent audits at a particular Member, the frequency of audit will be no more than once a year. Members are expected to comply with all reasonable requests for access and information made by the auditors. Any audit will be arranged with the Member by agreement subject to the giving of reasonable advanced notice of not less than one month.
- Members shall keep sufficiently detailed records to illustrate the compliance monitoring and testing processes that have been undertaken to comply with the Code and the results and produce these on request of the Association to the auditors.
- The Association will investigate any complaints of non-compliance with the Code. Any breach of the Code or the By-Laws is subject to sanctions including suspension or termination of membership of the Association. Members must agree to abide by any sanctions.
- Where non-compliance has been identified, the Member must make all necessary changes to their business operation to bring it into compliance. The Board may write to Members formally asking for changes to be made and advising on the timescales for such changes. In the event that the Member fails to comply without due cause by the required date, the Board may impose sanctions on the Member and will advise the DVLA immediately in the case of any suspension or termination of membership.
- COMPLAINTS PROCEDURE
- Members must have a procedure for dealing fairly, efficiently and promptly with any complaints, challenges or appeals. The procedure must cover complaints from Clients as well as Drivers and be easily accessible.
- Members must acknowledge any complaint, challenge or appeal within 14 days of receiving it.
- In the event that further investigation is required or is likely to be required to address the complaint or challenge, the Client/Driver should be advised that this is the case and informed of a date when the investigation should be completed and the matter resolved. The date should be fair and reasonable having regard to the nature of the complaint and the investigation needed to address it. The Client/Driver should be informed if it appears that the proposed resolution date cannot be met and advised in writing of an alternative resolution date.
- The Member must notify a complainant of their conclusions following any investigation and, if appropriate any actions proposed to address the complaint.
- Where a complaint or challenge is rejected, the Client/Driver should be advised of their right to refer the matter to the courts or if appropriate to the Small Claims Mediation Service or an independent arbitrator.
- Members should keep a full audit trail of any challenge that is received, any investigation or action carried out to resolve it and the resulting decision/actions.
- The Association is required to inform the DVLA about any complaints that it receives from the public.
- DATA PROTECTION AND CONFIDENTIALITY
- Members will process all personal data in accordance with the principles of the Data Protection Act 1998 (as amended).
- Members will ensure that they, or the companies on whose behalf they are requesting driver data, provide effective fair processing notices to drivers before requesting data from DVLA;
- Take all reasonable technical and procedural steps to ensure that personal data is adequately protected at all times from unlawful or unauthorised access, processing or disclosure or from loss or damage to the data.
- Comply with any subject access request from data subjects or their representatives.
- Have a clear written policy on data retention and destruction. This will include arrangements for the secure disposal or deletion of personal data.
- Will treat Client/Driver data as confidential and will not disclose that data other than for its lawful intended purpose or where it is required by court order or under enactment.
- Will not transfer personal data outside the European Economic Area without adequate legal protection.
- CONTACT DETAILS
The Company Secretary
Association of Driving Licence Verification
60 Goswell Road