Can you be an HGV driver with a criminal record?
Usually, yes. For a lorry licence, what counts is your conduct as a driver. Here's how DVLA and the Traffic Commissioners decide, which offences matter, and what employers can ask.
Short answer
A criminal record doesn't automatically stop you getting a lorry licence. By law, DVLA has to be satisfied you're a "fit person" to hold one, and for lorries that means your conduct as a driver, in any vehicle. Offences that aren't about driving rarely affect the licence itself, though serious offences involving a lorry, such as smuggling, can. Employers and insurers are a separate question: you only have to tell an employer about an unspent conviction if they ask.
Who decides
DVLA grants lorry licences. If there's doubt about whether you're fit to hold one, DVLA can refer you to a Traffic Commissioner, who decides whether you can have or keep it. Traffic Commissioners aren't punishing an offence; they're deciding whether you're fit to drive large vehicles. You can appeal their decision to the magistrates' court.
What counts for a lorry licence
- Your driving. For lorry licences, "conduct" in law means your conduct as a driver of any motor vehicle, including a car. The wider test of conduct "in any other respect" applies to bus and coach licences, not lorry licences.
- Serious offences involving a lorry. Using a lorry for things like smuggling goods or people means the Traffic Commissioner must consider whether you're fit to hold the licence.
- Offences others report. Police and agencies can refer offences that don't carry points, such as drivers' hours, tachograph and overloading offences, fraud, violence, theft, sexual misconduct and drug offences.
- Deaths and serious injuries. Cases involving a death or serious injury on the road are always referred, and the most serious can end a driving career.
Starting points the Traffic Commissioners use
| Offence or situation | Starting point |
|---|---|
| Taking a vehicle without consent, or driving while disqualified | Called to a hearing before the Traffic Commissioner |
| Tachograph tampering, such as a magnet or another driver's card | Licence revoked and 12 months' disqualification for one offence, longer for more |
| First driving ban of 9 to 12 months | A further 4 weeks before lorry entitlement is restored |
| Hand-held mobile phone offence (6 points) | 4-week suspension for a first referral |
| Speeding in a goods vehicle | Warning letter for a first offence; 6-week suspension proposed for a second |
Spent convictions and discharges
- A spent conviction normally can't be used against you, but a Traffic Commissioner can consider one where justice requires it, for example if you didn't disclose something you should have.
- A court discharge isn't strictly a conviction, so it doesn't make a licence liable to automatic revocation, though you can still be asked about it.
- A driving endorsement can stay on your DVLA record after the conviction is spent, so an employer checking your licence may still see it. For an adult, a fine with an endorsement is usually spent after 5 years.
Employers, DBS checks and insurers
- You only have to tell an employer about an unspent conviction or caution if they ask.
- A basic DBS check shows only unspent convictions and conditional cautions. Employers can ask for standard or enhanced checks only for certain roles, such as working with children or in healthcare.
- It's unlawful to refuse you a job because of a spent conviction unless it makes you unsuitable for the role. GOV.UK gives a driving conviction as a possible example.
- You never have to tell an insurer about a spent conviction.
- Once you're driving for an operator, you should tell them about convictions that relate to your conduct as a lorry driver.
Before you pay for training
If you're unsure whether something on your record could affect a lorry licence, apply for your provisional licence first. DVLA's decision on your application comes before you've spent most of the money, which goes on training. Answer any questions about offences honestly: a Traffic Commissioner can treat non-disclosure as a reason to consider a spent conviction.
Penalty points have their own rules. Points and HGV licences, and drink-driving bans.
Common questions
Can I get an HGV licence with a criminal record?
Usually. For a lorry licence, DVLA looks at your conduct as a driver of any vehicle. Offences unrelated to driving rarely affect the licence itself, though serious offences involving a lorry, such as smuggling, can.
Who decides if I'm fit to hold an HGV licence?
DVLA grants the licence. If there's doubt about your conduct, it can refer you to a Traffic Commissioner, whose decision you can appeal to the magistrates' court.
Do I have to tell an employer about my conviction?
Only about unspent convictions, and only if they ask. You never have to tell an insurer about a spent conviction.