Card still valid, but the specialist said no driving
A 58-year-old Class 5 driver had a stent fitted after a heart attack six weeks ago. The specialist's letter says 'no driving until reviewed at three months'. The driver feels well, has been walking 5 km a day, and points out that their licence card has not expired and their medical certificate is still on file. On Monday the dispatcher asks them to cover a two-day run starting Tuesday, driving a 39,000 kg combination, because another driver is off sick. Accepting would also mean driving their own car 15 minutes to the depot. No other driver is available and the run is a regular contract with a $4,000 late-delivery penalty. The driver's partner says the doctor was just being cautious, and the company's insurer has not been told about the stent.
1. Can the driver accept the run? Explain your reasoning.
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No. Fitness to drive depends on the driver's medical status, not the expiry date printed on the card. A stent after a heart attack six weeks ago is a significant cardiovascular event, and the specialist has put a written restriction on driving. Driving against that advice fails the medical standard, and an unexpired licence does not override it. The same standard applies to every class, so the 15-minute drive to the depot in the car is also out. The operator must not roster the driver, and a $4,000 penalty is not a lawful reason to put a 39,000 kg combination on the road with someone who has been told not to drive.
2. What has to happen before this driver is back at work?
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The driver needs review by the specialist or GP, an assessment against the medical standard for commercial drivers, and written clearance setting out any conditions. The medical certificate on file no longer reflects the driver's actual health, so it has to be updated, and the cardiac event should be declared to the licensing authority - that is the driver's responsibility, not the company's. A graded return, short local runs before multi-day trips, would be sensible. The company should notify its insurer and record the decision, so nobody is quietly relying on an old certificate.
3. What should the operator do about Tuesday's run, and why does the penalty not change the answer?
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Subcontract it, reschedule it, or split it between drivers who are fit and correctly licensed. A late-delivery penalty is a commercial loss, and commercial losses are not a safety justification. If the company pressured the driver to go, it would be exposing the driver, the public and itself, and under health and safety law an officer of the company can carry personal liability. The request from dispatch should be recorded and answered clearly: no, and here is the date I expect to be cleared. That protects the driver's licence and the company's insurance position.