Many transport operators rely on agency drivers to cover busy periods, sickness, holidays, or staff shortages. While agency drivers are common in the industry, Traffic Commissioners look at these arrangements very closely. Poor control, weak oversight, or unclear responsibilities can lead to enforcement action or even a Public Inquiry.
This guide explains how Traffic Commissioners review agency driver arrangements and what operators must do to stay compliant. Blue Flag Transport Consulting provides the insight operators need to avoid risk and run agency arrangements safely and legally.
Why Agency Driver Arrangements Are Under Scrutiny
Agency drivers are not employed directly by the operator, which can create gaps in control, training, and accountability. Traffic Commissioners want to see evidence that operators still exercise full management responsibility over:
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Driver hours
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Tachograph use
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Vehicle safety
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Working time
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Load security
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Daily walk-around checks
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Training and competence
If an operator cannot show that agency drivers are managed as tightly as employed drivers, the Commissioner may see this as loss of control — a major compliance failure.
What Traffic Commissioners Expect Operators to Demonstrate
1. Full Management Control
Operators must show they maintain day-to-day control over agency drivers just like their own staff.
This includes:
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Issuing clear instructions
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Monitoring performance
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Ensuring vehicle safety
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Enforcing company policies
Traffic Commissioners make it clear: outsourcing drivers does not remove operator responsibility.
2. Proper Induction and Training
Agency drivers must receive a structured induction before they can drive an operator’s vehicle.
Key induction topics:
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Walk-around check procedures
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Tachograph rules
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Working time limits
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Load security expectations
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Company safety policies
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Reporting procedures
Operators must keep records of every induction given.
3. Tachograph and Working Time Compliance
Traffic Commissioners expect operators to collect, analyse, and act on agency driver tachograph data.
Operators must:
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Download agency driver cards
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Analyse infringement reports
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Address repeat breaches
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Provide corrective training
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Maintain working time records
Failure to manage agency tachograph data is one of the most common issues raised in Public Inquiries.
4. Daily Walk-Around Checks
Agency drivers must complete walk-around checks to the same standard as employed drivers.
Operators must ensure:
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Drivers complete checks correctly
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Defects are reported immediately
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Unsafe vehicles do not leave the yard
Traffic Commissioners see poor walk-around checks as a sign of weak management.
5. Clear Communication With the Agency
Operators must show they communicate regularly with the agency supplying the drivers.
Commissioners look for:
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Copies of agreements
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Evidence of shared responsibilities
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Processes for issuing updates and feedback
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Confirmation of driver qualifications
If the agency is unclear on its role, the operator is held responsible.
6. Competence and Qualification Checks
Operators must verify that agency drivers are legally entitled to drive.
Checks must include:
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Driving licence validation
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CPC qualification
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Digital tachograph card
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Right to work
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Medical fitness (where relevant)
Traffic Commissioners expect operators to keep copies of these checks, even if the agency completes them first.
Common Issues Seen in Public Inquiries
Traffic Commissioners often highlight similar failings across many operators using agency drivers.
Common Failures Include:
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No induction records
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Poor tachograph oversight
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Inaccurate working time records
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Drivers not being supervised or monitored
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Agencies providing unqualified drivers
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Vehicles used without proper checks
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Weak communication between agency and operator
These failures raise serious concerns about safety and management control.
How Operators Can Strengthen Their Agency Driver Systems
1. Create a Clear Agency Driver Policy
This should outline:
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What the agency must check
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What the operator must check
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Training and induction needs
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Reporting procedures
2. Keep Written Evidence
Traffic Commissioners expect proof, not verbal assurances.
Record:
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Inductions
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Licence checks
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Tachograph downloads
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Infringement actions
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Walk-around check reports
3. Monitor Agency Drivers Daily
Supervise their work the same way you supervise employed drivers.
4. Audit the Agency
Ask agencies to provide evidence of their checks.
If they cannot, choose a different supplier.
5. Review Performance Regularly
Look for patterns:
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Repeat infringements
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Repeated defects
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Unsafe behaviour
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Complaints or near misses
Remove drivers who do not meet your standards.
How Blue Flag Transport Consulting Helps Operators
Blue Flag works with operators across the UK to build safe, compliant agency driver systems that meet Traffic Commissioner expectations.
Their Support Includes:
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Reviewing agency agreements
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Writing agency driver policies
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Creating induction packs and training
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Improving tachograph management
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Auditing agency compliance
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Preparing operators for Public Inquiries
With Blue Flag’s support, operators can use agency drivers safely and with full confidence in compliance.
Agency drivers are an essential part of the transport industry, but they can also create risk if not managed properly. Traffic Commissioners expect operators to show strong oversight, clear systems, and complete documentation.
By improving controls, strengthening communication, and working with specialists like Blue Flag Transport Consulting, operators can use agency drivers safely, legally, and without compromising their Operator Licence.
✅ Contact Blue Flag Transport Consulting Today
Need help managing agency driver arrangements or preparing for a Public Inquiry? Visit Blue Flag Transport Consulting for expert compliance support and practical solutions tailored to your fleet.
