Drivers · 4 min read · Updated
Using agency drivers compliantly
When an agency driver drives under your O-licence, you carry the compliance duties, not the agency. Check their licence, CPC, tacho card and right to work before they take a vehicle, and get their recent hours - a shift worked elsewhere that morning can put you in breach by the afternoon.
Agency drivers are a fact of life in transport, but they come with a compliance trap: the operator running the vehicle carries the responsibility for how that driver operates, even though they are not the employer. "The agency sorts that" is not a defence at the roadside or in front of the Traffic Commissioner.
Where the responsibility sits
When an agency driver drives your vehicle under your O-licence, you are responsible for the compliance of that operation - the drivers' hours, the tachograph use, the walkaround check, the roadworthiness of the vehicle. The agency may handle employment, pay and some vetting, but the operator cannot outsource the O-licence duties that attach to running the vehicle.
The checks you must still do
Before an agency driver takes a vehicle out, satisfy yourself of the essentials and record that you did:
- Licence - the right categories, valid, and checked for endorsements, as with any driver licence check.
- Driver CPC (DQC) - in date for professional driving.
- Tachograph card - present, valid, and the driver knows how to use the unit and make manual entries.
- Right to work - confirmed, ideally by you and not just assumed from the agency (see right to work checks).
- Hours already worked - an agency driver may have driven for someone else earlier in the day or week; you need their recent activity to keep them (and you) within drivers' hours and working-time limits.
The hours pitfall
The biggest agency risk is cumulative hours. A driver who worked a shift elsewhere this morning can put you in breach this afternoon without anyone intending it. Ask for, and record, their prior activity - and download their card data for the days they drive your vehicles.
Induct them like your own
A quick induction - vehicle familiarisation, defect reporting method, who to call - prevents most agency-driver incidents and shows you took reasonable steps.
How OperatorCompliance helps
OperatorCompliance lets you hold licence, CPC, tacho-card and right-to-work checks for every driver who operates your vehicles - agency or employed - and analyses their tachograph activity so cumulative-hours breaches are caught. The evidence that you checked before letting them drive sits on file. See how it works or start a free 14-day trial.
This guide is general information, not legal advice. Check the current drivers' hours and licensing rules on GOV.UK.
Frequently asked questions
Who is responsible for an agency driver's compliance?
When an agency driver drives your vehicle under your O-licence, you are responsible for the compliance of that operation: the drivers' hours, the tachograph use, the walkaround check and the roadworthiness of the vehicle. The agency may handle employment, pay and some vetting, but you cannot outsource the O-licence duties that attach to running the vehicle.
What checks must I do before using an agency driver?
Before an agency driver takes a vehicle out, satisfy yourself and record it: the right licence categories, valid and checked for endorsements, an in-date Driver CPC, a valid tachograph card with the driver able to use the unit and make manual entries, confirmed right to work, and their hours already worked so you keep within drivers' hours and working-time limits.
Can an agency driver put me in breach of drivers' hours?
Yes, easily. The biggest agency risk is cumulative hours: a driver who worked a shift elsewhere this morning can put you in breach this afternoon without anyone intending it. Ask for, and record, their recent activity, and download their card data for the days they drive your vehicles, so the full picture is on file.
Should I induct agency drivers?
Yes. A quick induction covering vehicle familiarisation, your defect reporting method, and who to call prevents most agency-driver incidents and shows you took reasonable steps. Treating an agency driver like your own for the purposes of safety and compliance is both good practice and useful evidence if something later goes wrong.
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