Are your drivers fit to work today?
A driver can hold a valid driving licence, have years of experience and an excellent safety record, yet still be unfit to drive on any given day. Fatigue, illness, medication, stress and underlying medical conditions can all affect a person's ability to drive safely. Some risks develop gradually, while others can arise overnight.
For fleet and transport managers, the challenge is that many of these issues aren't immediately visible. A driver may arrive for work, complete their usual checks and appear perfectly capable of carrying out their duties, but if that driver is subsequently involved in a serious collision, questions may be asked about whether they were fit to drive and, importantly, whether their employer had taken reasonable steps to identify and manage any risks.
Driver fitness shouldn't be treated as a one-off compliance exercise. It should be considered throughout employment, including before drivers start their day.
Why does driver fitness matter to fleet operators?
The Department for Transport's latest estimates underline the importance of managing work-related road risk. In 2025, 445 people were killed in collisions involving a driver or rider travelling for work, representing approximately 29% of all reported road fatalities in Great Britain.
Employers have responsibilities under the Health and Safety at Work etc. Act 1974 to manage risks arising from work activities, including driving for work. Two provisions are particularly relevant to fleet operators:
Section 2 – Protecting employees: Employers must take reasonably practicable steps to protect their employees' health and safety. For drivers, this includes managing foreseeable risks from fatigue, illness, or other factors that could affect their ability to drive safely.
Section 3 – Protecting others: Employers must ensure, so far as reasonably practicable, that their activities do not expose people outside the organisation to health and safety risks. For fleet operators, this includes passengers, pedestrians and other road users who could be harmed if an unfit driver is allowed to operate a vehicle.
This means considering not only whether a driver is appropriately licensed and trained, but also whether they are physically and mentally fit to undertake their duties safely.
A driver whose ability is impaired by fatigue, illness or medication may have slower reactions, reduced concentration or impaired judgement. If that contributes to a collision, investigators may treat their standard of driving as a potential criminal offence. The organisation may also face scrutiny over its working practices, risk assessments, training and management decisions.
For fleet and transport managers, the challenge is recognising when a driver may not be fit to work and knowing when to intervene. Three areas in particular deserve attention: fatigue, physical and mental health, and medication, alcohol and drugs. Each presents different risks, and knowing what to look for is key to managing fitness to drive.
Fatigue: Is your driver sufficiently rested?
Fatigue is one of the most familiar risks in professional driving, but it can also be one of the easiest to underestimate. A driver who has technically complied with driving and rest requirements isn't necessarily fit to drive. Poor sleep, family responsibilities, illness, shift patterns and long commutes can all affect alertness.
Fatigue can reduce concentration, slow reaction times and affect decision-making. In more serious cases, drivers may experience microsleeps or fall asleep at the wheel.
The Sentencing Council specifically identifies driving when deprived of adequate sleep or rest as a factor that can increase culpability in both careless and dangerous driving cases, potentially resulting in a more severe sentence if the driver is convicted.
Managers should consider:
Do shift patterns, overtime, early starts or long commutes create foreseeable fatigue risks?
Are drivers getting sufficient rest, rather than simply meeting minimum legal requirements?
Are drivers encouraged to report tiredness without fear of negative consequences?
Do managers recognise the warning signs of fatigue and know when to intervene?
Is there a clear process for responding when a driver reports being too tired to start or continue a journey?
Physical and mental health: Has anything changed?
Driver fitness can change significantly between routine medical assessments. An employee may develop a new medical condition, experience worsening symptoms or be recovering from an illness or injury.
Conditions affecting vision, consciousness, concentration, coordination, or physical control of a vehicle can affect driving. In addition, stress, anxiety, depression and other conditions may affect sleep, concentration and decision-making, although having a mental health condition does not automatically make someone unfit to drive.
The important question is whether a condition, its symptoms or its treatment could affect safe driving. Managers don't need to become medical experts or make clinical judgements. They do, however, need procedures that allow them to raise concerns, assess them appropriately, and act on them. For example, a driver returning after a period of illness may be medically fit to return to some duties but not yet fit to undertake long-distance driving. Similarly, a driver experiencing significant stress may need temporary adjustments rather than being expected to continue with their normal workload.
Managers should consider:
Do drivers understand when health changes may affect their fitness to drive?
Is there a clear process for reporting relevant medical concerns?
Are return-to-work discussions considering driving duties specifically?
Can occupational health advice be obtained where fitness is uncertain?
The aim should be to identify and manage risk, not discourage employees from disclosing health concerns.
Medication, alcohol and drugs: Could something be affecting their judgement?
Most fleet operators recognise the risks associated with alcohol and illegal drugs, but prescription and over-the-counter medication can be less straightforward.
Some medicines can affect concentration, reaction times and judgement, particularly when treatment begins or a dosage changes. Just because a medication is legally prescribed does not automatically mean a driver is fit to drive.
Drivers also have a legal duty to notify the DVLA of certain medical conditions that may affect their ability to drive safely. Professional drivers, including HGV and bus drivers, must meet stricter medical standards.
Managers should consider:
Do drivers understand the risks associated with any prescription and/or over-the-counter medication they are currently taking?
Are drivers aware of their responsibilities to notify the DVLA of relevant medical conditions?
Do company policies address medication as well as alcohol and illegal drugs?
Is there a confidential process for drivers to report medication or health concerns that could affect their driving?
Do managers know what action to take when they suspect a driver may be impaired or medically unfit to drive?
What should managers do if they have concerns about a driver's fitness?
Recognising a potential problem is only the first step. Managers must also know how to respond.
If a driver or colleague raises a concern, the immediate priority should be to determine whether the driver can safely carry out their driving duties. Managers should use a consistent, documented process to make these decisions rather than relying on individual judgement alone or operational pressures.
Five questions worth asking before a driver starts work
Are you sufficiently rested? Have you had enough sleep and do you feel alert enough to drive?
Are you feeling well? Is there any illness, injury or health concern that could affect your driving?
Are you taking anything that could impair you? Has any medication changed, or are you experiencing side effects?
Has anything changed with your medical fitness? Have you received medical advice or developed a condition that may affect your entitlement or ability to drive?
Is there anything preventing you from driving safely today? Including stress, personal circumstances or concerns about the planned shift.
These questions don't necessarily require a formal questionnaire every morning. They can form part of regular driver briefings, training and a reporting culture that encourages drivers to speak up.
The important point is that managers understand what to do with the information they receive. A driver who raises a genuine concern shouldn't feel that they are creating a problem for the business. Equally, a manager shouldn't feel pressured to overlook a risk because a vehicle needs to leave the depot.
Through our LMP 24/7 service, we support fleets with training and policy reviews, as understanding how driver fitness is assessed and managed before an incident can be just as important as the response afterwards.
Contact us today to find out how LMP Legal can support your fleet.
