An agency driver can save a tour, a contract or a busy week. But using one does not move your operator licence obligations onto the agency. This checklist covers what to sort before the driver starts, what stays your responsibility, and the records worth keeping.
1. Define the work
Most problems with agency drivers start with a vague booking. Before you call an agency, write down:
- The vehicle and, for HGVs, the trailer type
- The work: route, drops, loading, nights out, passengers or goods
- Start time, start point and expected finish
- Any qualifications the work needs, such as an ADR card or an international Driver CPC
- Site inductions, PPE and customer rules
A good agency will ask you for all of this when you book.
2. Check the driver's documents
The agency should check these before placement, and you should see the evidence:
- Driving licence. The right category and any endorsements. Drivers can share their record using a DVLA licence check code, which is valid for 21 days.
- Driver CPC. A Driver Qualification Card that is in date. For work in Europe, check it is an international card: a national card does not allow professional driving in Europe.
- Tachograph driver card. In date, and the driver's own.
- ADR card. Where dangerous goods are carried, check it covers the goods and the way they are carried, and that it is in date for the whole booking.
- Right to work. Confirmed by the agency before the driver is offered to you.
3. Induct the driver
However experienced the driver, they do not know your vehicles or your sites. A short induction protects you both:
- Your walkaround check and defect reporting system
- Vehicle controls, safety systems and any unusual equipment
- Site rules, PPE, reversing and loading procedures
- Who to call when something goes wrong, day or night
- For coaches: passenger procedures, wheelchair access and emergency equipment
4. Drivers' hours and tachograph data
You remain responsible for planning work within the drivers' hours rules and for checking that the rules were followed. Under GOV.UK guidance, operators must download data from vehicle units at least every 90 days and from driver cards at least every 28 days.
Agency drivers often work for more than one operator in a week. GOV.UK guidance is clear that a driver at the disposal of more than one operator must give each one enough information to make sure the rules are being met. In practice, ask for the driver's recent working and rest record before the first shift, and make sure their card is downloaded after they drive for you.
If your analysis finds an infringement, tell the agency. A good agency will act on it and record it.
5. The 12-week rule
Under the Agency Workers Regulations, after 12 weeks in the same job an agency worker is entitled to be paid the same as a permanent employee doing the same job. From day one, agency workers are also entitled to use shared facilities such as canteens and rest areas, and to be told about relevant job vacancies.
If you use the same driver for long placements, agree with the agency up front how pay will change at 12 weeks, so there are no surprises on the invoice.
6. Keep the records
If the Traffic Commissioner or DVSA asks how you manage your drivers, you will need records for agency drivers as well as your own staff. Keep:
- The agency's confirmation of the driver's checks
- Your induction record, signed by the driver
- Tachograph downloads and analysis, and any infringement reports
- Defect reports from the shifts they drove
At Drivora, we check every driver before placement, record the checks, and act on every infringement report we receive. Read our compliance standard.
This guide is general information to help operators, not legal advice. The rules change, so always check the current GOV.UK guidance or take professional advice for your own operation.