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In the transport industry, the role of a trainer is crucial for ensuring new drivers are well-prepared for their duties. However, a situation arises when a driver loses their LGV (Large Goods Vehicle) entitlement due to a medical issue, raising the question of whether they can still sit in the truck as a paid employee to advise and guide new drivers. Let's explore this situation, considering both the legal and practical aspects.
Legal considerations: What the law says
From a legal standpoint, there is no law that directly prohibits a driver without an LGV entitlement from acting as a trainer. The key factor here is that the driver who has lost their entitlement is not being asked to take over the vehicle or perform the duties of a licensed driver. Instead, their role would be limited to offering guidance based on their experience. As one forum participant pointed out, the individual has lost their vocational entitlement, but this does not negate their ability to train others or provide valuable advice.
Risk assessment: A critical step
Before proceeding with this arrangement, the company would need to conduct a full risk assessment. This process ensures that any potential hazards are identified and managed. Critical factors to consider include the driver’s medical condition, the risk of stress or fatigue, any ongoing medication, and the presence of underlying health conditions. It’s essential to evaluate whether the individual is fit for the role of guiding others while not actively driving.
The risk assessment also needs to take into account the situation if the new driver is unable to continue driving for any reason. One forum contributor suggested that a company could send another driver to take over in such cases, ensuring that the operation remains safe and compliant.
The role of insurance: Are there any concerns?
Insurance is another key consideration. Some companies may have policies that do not allow non-licensed individuals to ride in the truck. As highlighted by several forum members, this could be an issue if the company’s insurance policy specifies that only licensed drivers can be passengers. However, if this is the case, the company may need to adjust the policy to accommodate the situation or explore other solutions, such as having the trainer’s role classified differently.
The trainer’s responsibilities
It’s important to clarify that the individual who has lost their LGV entitlement would not be expected to take control of the vehicle. They would act as a trainer, offering advice on the job, routes, or procedures, but not on driving. This is a key distinction, as the trainer would still have valuable experience to share, but the onus for driving the vehicle rests solely with the new driver. In many cases, this type of arrangement is not uncommon; some companies send individuals without an HGV entitlement to act as a driver’s mate, guiding the driver without any expectation of taking over the vehicle.
Company policy and industry standards
Every company will have its own policy on training, and it’s not unusual for firms to insist that trainers must hold a current licence and all necessary qualifications. This was mentioned by one participant who expressed that, in their organisation, training can only be done by someone who holds the appropriate entitlement. However, other companies may take a more flexible approach, as long as the trainer's role is clearly defined and does not involve active driving.
In conclusion, while the situation may differ from company to company, there is generally no law preventing a former LGV driver from training new employees as long as they are not taking control of the vehicle. A full risk assessment and clear communication with the insurance provider are essential to ensure that all parties are covered. Ultimately, the trainer’s experience is invaluable, and with the right safeguards in place, this arrangement can work successfully, benefiting both the individual and the company.
too many people look straight for the negative. This will be good for the poor guys mental health, as he will feel he’s contributing his experience to others. I wish him luck.
