The Equality Act comes into force in October and will stop employers asking job applicants about their pre-employment health other than in limited circumstances. At present, the only real guidance is that such questions will be allowed to check that an applicant can perform an “intrinsic function” of the job, such as heavy lifting.

It is unclear whether those “limited circumstances” will include the right for transport businesses to probe applicant drivers about whether their health is of any particular standard.

This current lack of guidance also extends to asking applicant HGV drivers whether they are medically certified to carry out the role. Perhaps proof of a valid licence in such circumstances will satisfy transport businesses without the need for further questions.

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As specialist motoring and transport solicitors we regularly represent drivers who for a number of reasons are about to approach the ’12 penalty point milestone’. The term used for such drivers by those in the business is a “totter”.

This is because upon reaching 12 relevant penalty points a driver must be disqualified for a minimum of 6 months under the totting up provisions currently found in the Road Traffic Offenders Act 1988.

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As Motoring Solicitors we often get asked what do we do, and how we can help. From time to time we’ll blog some examples of real cases we’ve handled. Here are three more:

Dangerous Driving

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Here are some more examples of real cases that we’ve handled:

Multiple Motoring Offences

Our client damaged another vehicle whilst driving, and was charged with ‘failing to stop’, ‘failing to report following an accident’, and ‘careless driving’. We persuaded the prosecution that the less serious ‘careless driving’ offence would adequately serve the public interest. As a result, our client did not have to attend court, and received an acceptable fine plus three penalty points.
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