Because we have become so risk averse coupled with a blame culture then yes the first thing that will be looked at will be the process.
The main risk area for me would be 2 & 1 in that order. Criminal convictions per say are not necessarily taken into account during the licence application process and those relevant are accessible through alternative databases. I consider it a reasonable assumption that someone who is driving a HGV on day 365/6 is fit to do so on day 367. But there is slight possibility that an undetected underlying condition could manifest itself in that extended period whereas a medical on time would have discovered it.
But these are unusual times and it has to be accepted there will be some risk and a gamble taken. That risk will have to be accepted. But when it does go wrong who pays?
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