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Managing Driver Conduct: A Compliance-First Approach

How to Deal with Misconduct, Infringements, and Poor Behaviour Without Losing Your Licence


Your drivers are the face of your business. They operate your vehicles, interact with your customers, and make decisions that can either protect — or endanger — your Operator Licence.


And yet, many transport operators have no clear process for managing driver conduct, investigating issues, or escalating disciplinary action. That’s a major risk.

In this guide, we’ll explain how to implement a compliance-first approach to driver conduct, covering everything from policy creation and misconduct management to retraining, documentation, and legal obligations.



Contents


  1. Why Driver Conduct Matters More Than You Think

  2. Legal Responsibilities of Operators and Transport Managers

  3. Common Types of Driver Misconduct

  4. DVSA and Traffic Commissioner Focus on Conduct

  5. Key Elements of a Driver Conduct Policy

  6. Setting Expectations From Day One

  7. Monitoring Conduct on the Road and Off

  8. How to Handle Infringements and Incidents

  9. The Role of Disciplinary Procedures

  10. When to Retrain vs When to Discipline

  11. Dealing With Repeat Offenders

  12. Keeping Records of Conduct Issues

  13. Conduct and the Driver Compliance File

  14. Final Thoughts: Consistency, Fairness, and Licence Protection



1. Why Driver Conduct Matters More Than You Think


When a driver:

  • Speeds through a 30mph zone

  • Refuses to do a vehicle check

  • Abuses a member of the public

  • Falsifies a tacho entry

  • Fails a roadside breath test

…it’s not just their problem. It’s your problem.


Operators are judged not only on their vehicles — but also on the behaviour and attitude of their drivers. Poor conduct can lead to:

  • Increased DVSA scrutiny

  • Public complaints

  • Insurance premium hikes

  • Damage to client relationships

  • Appearances before the Traffic Commissioner



2. Legal Responsibilities of Operators and Transport Managers


Operators must ensure their drivers:

  • Are properly trained and supervised

  • Understand and follow all legal and company requirements

  • Are not allowed to drive if unfit or unsafe

  • Do not commit repeated or serious infringements


The Transport Manager has a duty to investigate and address driver misconduct, and failure to do so can result in personal disqualification.



3. Common Types of Driver Misconduct


Conduct issues typically fall into three categories:


1. Operational Misconduct

  • Skipping defect checks

  • Ignoring delivery instructions

  • Failing to secure loads

  • Falsifying documents


2. Compliance Misconduct

  • Tacho manipulation

  • Driving over hours

  • Ignoring rest break rules

  • CPC card or licence not carried


3. Behavioural Misconduct

  • Aggressive driving

  • Rude behaviour toward customers

  • Dangerous driving complaints

  • Social media misuse in uniform



4. DVSA and Traffic Commissioner Focus on Conduct


During investigations, DVSA may look at:

  • Tachograph infringements

  • Complaints logged by the public or police

  • Reports of aggressive or dangerous behaviour

  • Whether the operator took corrective action


If referred to the Traffic Commissioner, drivers may face:

  • Formal warnings

  • Suspension or revocation of vocational licence

  • Referral to the Driver Conduct Hearing


Operators may face:

  • Licence curtailment

  • Increased audits

  • Repute or finance issues



5. Key Elements of a Driver Conduct Policy


Your policy should include:

✅ Clear standards of expected conduct

✅ Disciplinary procedures

✅ Reporting channels for complaints or concerns

✅ Procedures for addressing infringements

✅ Criteria for suspension or retraining

✅ Communication of company values and culture


Make this part of your Driver Handbook and have it signed at induction.



6. Setting Expectations From Day One


At induction:

  • Issue the Driver Conduct Policy

  • Explain how tacho use, checks, and customer service affect compliance

  • Outline what happens if misconduct occurs

  • Emphasise their role in protecting the Operator Licence


Include this in a signed Induction Checklist and keep it in the Driver File.



7. Monitoring Conduct on the Road and Off


Ways to monitor conduct:

  • Tachograph analysis (infringements, speeding events)

  • Public complaints (calls, emails, social media)

  • Dashcam footage (if used)

  • Client feedback (positive or negative)

  • Driver reviews (1-to-1 performance meetings)

  • Defect and fuel misuse trends


Spot patterns — one mistake may be a training issue. Repetition signals a behavioural problem.



8. How to Handle Infringements and Incidents


For each incident:

  1. Investigate promptly (ideally within 48 hours)

  2. Speak to the driver — record their version

  3. Review tacho, vehicle records, or third-party data

  4. Issue a written report

  5. Decide on retraining, warning, or other action

  6. File everything in the Driver Compliance File


Ensure fair and consistent handling — no favouritism or double standards.



9. The Role of Disciplinary Procedures


Disciplinary action may include:

  • Verbal or written warning

  • Final written warning

  • Suspension pending investigation

  • Dismissal (for gross misconduct)


Common reasons for formal discipline:

  • Tachograph falsification

  • Dangerous driving or collision

  • Refusal to follow procedures

  • Repeated lateness or absences

  • Theft, substance misuse, or violence


Disciplinary outcomes should be:

✅ Proportionate

✅ Well-documented

✅ Communicated clearly

✅ In line with your written policy



10. When to Retrain vs When to Discipline


Retraining is often appropriate when:

  • The driver shows a willing attitude

  • The incident was non-deliberate

  • It’s a first offence or minor issue

  • The issue relates to skills or knowledge


Discipline is appropriate when:

  • The behaviour was deliberate or repeated

  • The driver shows poor attitude

  • It caused or risked serious harm or legal breaches

  • The conduct affects your public image or licence standing


Often, it’s a mix — retraining and warning. Just make sure it’s recorded.



11. Dealing With Repeat Offenders


For persistent conduct issues:

✅ Move quickly — delays weaken your case

✅ Increase frequency of reviews or spot checks

✅ Consider “performance improvement plans”

✅ Escalate disciplinary stages

✅ Remove driving duties if safety or compliance is at risk


If a driver refuses to improve, they may be unfit to work in transport — and continuing to employ them may make younon-compliant.



12. Keeping Records of Conduct Issues


For every issue, maintain:

  • A written incident or infringement report

  • Notes from any investigation or interview

  • Evidence reviewed (tacho data, complaints, footage)

  • Corrective action taken

  • Retraining completed (if applicable)

  • Follow-up results (improvement or further issues)


Keep this securely in the Driver Compliance File for at least 12–24 months.



13. Conduct and the Driver Compliance File


Your Driver File should include:

✅ Induction and conduct policy sign-off

✅ Record of infringements

✅ Warning letters or notes

✅ Retraining and toolbox talk attendance

✅ Any DVSA communication about the driver

✅ Driver performance reviews


If ever called to a DVSA inspection or Public Inquiry, this file may be your best line of defence.



14. Final Thoughts: Consistency, Fairness, and Licence Protection


Managing driver conduct isn’t about punishing mistakes — it’s about setting standards, protecting your business, and keeping your vehicles safe and legal.


✅ Have a clear, written conduct policy

✅ Train and brief every driver

✅ Monitor performance and behaviour

✅ Act fairly but firmly on issues

✅ Document everything

✅ Support good drivers — they are your best asset


A well-managed team protects your Operator Licence, boosts customer confidence, and reduces your stress as an operator.

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