Know Your Rights
As a professional driver, you have legal rights during DVSA stops, protections under the Working Time Directive, and the ability to report operators who put your safety at risk.
Right to See ID
You can ask to see the officer's warrant card before the inspection begins. Every DVSA examiner must carry one with their photo.
Right to Know Why
You are entitled to know the reason for the stop, whether it is a random check, targeted operation, or based on something the officer observed.
Right to Contest Fines
You can always choose to have a fixed penalty dealt with by a court instead of paying it. This preserves your right to challenge the alleged offence.
Right to Complain
If you disagree with a prohibition, you can complain to DVSA within 14 days. They must respond within 10 working days. Do not repair the vehicle while complaining.
Right to Security
If carrying a high-value load, you may keep your engine running, doors locked, and windows closed until you are satisfied the officer is genuine.
Right to Language Support
If English is not your first language, you can request translation assistance, particularly for critical matters like prohibition notices.
Remember: You must stop when directed by a uniformed DVSA officer or police officer. Failing to stop is a criminal offence that can lead to court action and Traffic Commissioner referral. However, you have every right to be treated fairly and to understand what is happening throughout the process.
The Road Transport (Working Time) Regulations 2005 place legal obligations on employers. Your employer must ensure the following:
Working Time Limits
| Average weekly working time | 48 hours (over reference period) |
| Maximum in any single week | 60 hours |
| Night work limit | 10 hours in any 24-hour period |
| Break (6–9 hours work) | At least 30 minutes |
| Break (9+ hours work) | At least 45 minutes |
Employer Must:
- Keep accurate records of your working time for at least 2 years
- Not require or allow you to exceed the working time limits
- Ensure you take adequate breaks and rest periods
- Provide information about working time rules and your rights
- Not penalise you for refusing to exceed legal driving or working limits
- Ensure all prohibitions issued are properly cleared before the vehicle is used again
- Maintain vehicles to roadworthy standards with regular inspections (at least every 6 weeks)
Period of Availability (POA): Time when you are not required to remain at your workstation but must be available to answer calls or resume driving (e.g., waiting for loading/unloading). POA does not count as working time under WTD, but must be recorded on your tachograph.
It is illegal for an employer, transport manager, or any other person to coerce, induce, or encourage a driver to break drivers' hours rules or tachograph regulations. This includes:
- Pressuring you to drive beyond your legal hours
- Asking you to falsify tachograph records
- Scheduling deliveries that cannot be completed within legal driving limits
- Penalising you for taking required breaks or rest periods
- Requiring you to drive a vehicle you have reported as defective
Your protection:
Under EU Regulation (EC) No 561/2006 (retained in UK law), employers who cause or permit drivers' hours offences can be prosecuted. You cannot be lawfully dismissed or penalised for refusing to break the law. If you are dismissed for this reason, you may have a claim for unfair dismissal at an Employment Tribunal.
If you believe an operator is forcing drivers to break the rules, putting road safety at risk, or operating without proper compliance, you can report them. Reports can be made anonymously.
Report to DVSA
DVSA has an online form to report a lorry, bus, or coach driver or company. You can report concerns about:
- • Drivers being forced to exceed driving hours
- • Unroadworthy vehicles being used
- • Tachograph fraud or manipulation
- • Overloading
- • Unlicensed operators
Traffic Commissioner
Traffic Commissioners are independent regulators who grant and manage operator licences. They have the power to:
- • Revoke an operator's licence entirely
- • Suspend a licence for a fixed period
- • Curtail the number of vehicles an operator can use
- • Disqualify a transport manager
- • Call operators to a Public Inquiry
Concerns about operators can be raised through the DVSA reporting process above, DVSA will refer serious matters to the Traffic Commissioner.
Other Support
ACAS, For employment disputes and unfair treatment: 0300 123 1100
Citizens Advice, Free legal guidance on employment rights: citizensadvice.org.uk
Unite the Union / GMB, Trade union representation for transport workers
Health and Safety Executive (HSE), For workplace safety concerns: 0300 003 1647
Whistleblower Protection: Under the Public Interest Disclosure Act 1998, workers who report wrongdoing (including safety concerns) are protected from dismissal or detriment. You do not need to prove the allegation, only that you reasonably believed it to be true and that it was in the public interest to report it.
Related DriverWell Pages
Sources: GOV.UK, Road Transport (Working Time) Regulations 2005, EU Regulation (EC) No 561/2006, Public Interest Disclosure Act 1998. Last reviewed May 2026. This page is for guidance only and does not constitute legal advice.