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Posted By geoff whiteley
Has anyone looked into the legal/safety implications of driving a private car for business use where the driver is paid a pence per mile allowance ?
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Posted By J Knight
Yes, we have. The result is a fifty page report from RoSPA on occupational road risk. I can sum it up by saying that the employer does have a duty of care, though this is lower than it would be with a vehicle supplied by the employer, and still lower than duties under PUWER which apply to work vehicles other than private cars.
You could look at the RoSPA site for further info.
We are looking to check all licences, insurance status and MOTs where cars are over three years old. We are also issuing all drivers with a form they have to complete annually which has a declaration that they will drive in accordance with the Highway Code. We are trying to get people to limit the number of hours they will drive in a day, but are meeting resistance on this.
If you post your email addy I'll send you our draft policy and the summary of the recommendations in our RoSPA report,
John
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Posted By Hugh Maxwell
We have had to make provision for this in our company driver policy and risk assessment. I will e mail you a copy of the policy direct if this will assist. Things such as vehicle road worthiness, level of insurance cover, driving licence validity, driver risk assessment etc all need to be incorporated and a shared with personnel who either "opt out" or occasionally need to use their own vehicles for company activities.
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Posted By Brett Day
Presumably, your employees claim back the pence per mile on a regular basis, why not put a declaration on the bottom of the claims form that states "To the best of my knowledge I have not been involved in any parking or motoring offences and I will inform HR/Legal/etc as soon as possible should I become aware of any such offences."
Have tried this with a previous company and have found that a. it has satisfied HSE and insurers that we as an employer are monitoring drivers for hours and clean licence and b. as it has been drawn to thier attention drivers have looked more closely at what might be classed as an offence including driving long hours and falling asleep.
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