RSS feedsIt’s almost six months since the introduction of the Corporate Manslaughter and Homicide Act, but many business owners are still not fully conversant with the legislation when it comes to managing drivers at work.
It’s a sobering fact that accidents involving people on the road for occupational purposes kill and injure far more people than in any other area of work. To help address this matter, health and safety at work regulations ensure that many of the variables – for example, driver ability and vehicle condition – are monitored to minimise risk and reduce accidents by imposing heavy penalties.
Many business people are aware of the rulings, but are confused as to which vehicles are their responsibility. The answer is simple: any car or commercial vehicle used while ‘at work’ is the responsibility of the employer and steps must be taken to ensure it conforms to strict guidelines. These regulations call for a proactive approach to driver management, a fastidious attitude to maintaining records and proven accountability for safe working procedures. Time constraints, ignorance of the law or lack of management tools are not acceptable excuses for failing to comply with health and safety rulings.
However, many of these issues become the responsibility of the contract hire company when cars and commercial vehicles are leased, including servicing, tax and MOT tests. Other aspects of running a compliant fleet, such as licence checks and risk assessments, can also be managed by the vehicle supplier as they often offer inclusive management packages.
Fleet and driver policy
It is imperative that any organisation has a robust fleet policy that clearly
defines the expectations of both the employer and the driver.
It must include details of driving time and rest periods, mobile phone usage
while driving and regular vehicle checks. The driver policy is a signed
agreement from the driver that they will check safety features on their vehicle
before each journey is undertaken or on a weekly or monthly basis.
Driver risk assessment
Driver assessment tests build a profile of each driver, using the type of
vehicle driven, driving times, private and business mileage and accident and
insurance history to judge driver risk. Recommendations can then be made as to
training requirements specific to the driver’s routines and typical on-road
activity.
Check driving licences
Checking the validity of a driver’s licence, any endorsements and penalty points
is crucial. Regularly examine the original documents and verify details with the
DVLA or via a web-based provider.
Tax
Check that a vehicle has been taxed and note the renewal date. These details
should be logged and included on drivers’ records.
MOT
MOT tests do not necessarily coincide with dates for tax renewal, so should also
be checked and noted. A valid MOT certificate should be presented by the driver.
Insurances
Ensure the schedule includes cover for business use. If it doesn’t, the vehicle
is not compliant.
Servicing records
The vehicle should be kept in a roadworthy condition if it is to be used at
work. The MOT gives some guarantee, but is not comprehensive. A regular service
schedule for each vehicle is essential, detailing the date and type of the
service.
Use of disclaimers
There is ongoing discussion as to the validity of driver disclaimers relating to
servicing and maintenance of vehicles. Where an employee signs to undertake the
necessary actions to ensure the vehicle is roadworthy, it is not certain whether
this is enough to clear the employer of the responsibility. As the issue has not
been proven either way, carry out the checks yourself.
Evaluating essential journeys
A fundamental consideration for any work-related travel is the evaluation of its
necessity. Does the journey really need to take place? Then consider the mode of
transport. Is a motor vehicle the most environmentally sound or cost and
time-effective way to travel? Making these decisions can improve efficiency and
cut costs.
Use of hire vehicles
Taking the driver’s own vehicle on a long journey may not be cost-effective, so
think about hire or leasing. Competitive rates are available for fully insured,
roadworthy, fully compliant vehicles, releasing the employer from most liability
because this lies with the supplier.
Stuart Menzies is a director at
Grosvenor Contracts
Leasing
