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Posted By Lizzy Payne
Whilst the HSE has produced a free leaflet regarding 'Driving at Work' it goes little way towards the issue of the Casual/essential car user using their own vehicle. Is it sufficient to ensure that privately owned vehicles are insured for business use and have a valid MOT (if over 3 years old)? If the company decided that all privately owned vehicle should be vehicle inspected by the company's vehicle workshop how would that affect the owner's insurance? I would be interested to hear your thoughts on this issue.
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Posted By Adam Jackson
If you are relying on people using private vehicles for work:
> make sure they are insured, either on your company policy or that their own policies cover them (and if this increases their insurance costs a bit its good to pay this back to them).
> maintain a log of private vehicles used for business and check annually that any vehicle over 3 years old has a current MOT certificate
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Posted By Lizzy Payne
Thanks Adam but is this sufficient! The privately owned vehicle becomes a piece of work equipment and therefore should the employer take further responsibilities for the vehicle checks/insurance of it during use at work? What about training of the driver? eyesight and medical checks?
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Posted By Heather Aston
Lizzy
We're tackling this at the moment. I recommend looking at the RoSPA site which has all sorts of guidance and includes links to a report with case studies of various company's driving policies.
I don't believe that you have to go to the length of inspecting the vehicles - but of course it depends on the mileage driven and the types of journey. Risk assessment is the key (as usual).
You should have a driver handbook/policy, which covers things like the drivers' responsibility to maintain and check their vehicle and their respoonsibility for making sure they meet eyesight and other medical standards.
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Posted By Roger the Dodger
Private vehicles don't become work equipment - they are excluded under the PUWER regs.
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Posted By Aidan Toner
Fair dues ,private cars are specifally not part of the PUWER Regs,Refer to Guidance Notes relating to 'Interpretation-Regulation 2'
I believe Rodger/Dodger (Were you being mischieveous with your brief but factually correct comment as your nom de plume might suggest??)that the all important word is private.AS and when there is any form of contractual payment for the use of the vehicle such as a set allowance per annum,payment per mile etc the status 'private' switches to 'hired vehicle' hence bringing the vehicle back into the domain of work equipement similar to the straight forward 100% owned company car.
I believe this linkage is already clearly established from a civil claim perspective.
Leaving aside the PUWER Regs for a moment we cannot of coures forget about the good old General Duties section HASWA -2a.Provision of Plant And 2c,Systems And Or Provision of Info,Instruction,Training and SUPERVISION.Supervision being important if the Risk assessments (born out of Reg 3 Man Regs)indicate a stong supervision element required to negate expected human failings such as failure to maintain a vehicle correctly.-That reminds me,I really must get around to changing the front offside tyre on the wife's car,Tyres on my car??No ,No they are fine,company pays for them!!
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Posted By Adam Jackson
Any drivers of private cars (a car not supplied by the employer so that covers hire cars, rentals, owned, etc.) that do more than 5000 miles of company business a year are included in the bi-annual driver training we do. Although to be honest, last year we opened it out to everyone who drives on company business irrespective of mileage and nearly everyone took us up on it.
Steer clear of maintenance, inspections, etc. Its overkill.
If you are looking for excellent driver training, we use a company called Junction 21 who are based in Cheshire but cover the UK nationally. (I have no links to them by the way other than as a satisfied customer). They are all ex-Police drivers and do a very good combined classroom training and on-road practical course.
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Posted By J Knight
It's true, private vehicles are excluded from PUWER, though a man from RoSPA told me he had seen an internal HSE memo which indicated that HSE feels that PUWER does, nonetheless, apply. On the other hand, our LAPS partner, who is of course a H&S enforcer himself says that the man from RoSPA is not to be believed on this one, and he should know I suppose. One additional point; according to a company we've been talking to about occupational road risk merely looking at licences is not enough. They suggest checking licences with DVLA as about 4% of the licences they refer on behalf of clients come back as invalid. There is a duty of care involved, and employers can be charged with aiding and abetting (though it's called something else in road traffic law) if they knowingly allow an employee to drive when they are unfit or legally unable to do so; knowingly of course has a flexible meaning here,
John
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Posted By s.micklewright
John,
you say "They suggest checking licences with DVLA as about 4% of the licences they refer on behalf of clients come back as invalid"
How do you check this it I have been told DVLA will nort release this informtion, only to the holder.
simon
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