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Posted By Jem With regards to ‘drivers at work’ using personal vehicles.
Do you:
1. Keep hard copies of driving licenses, insurance certificates and MOT certificates on file? 2. Periodically check visually check documentation and keep a log of the checks? 3. Rely on employment terms and conditions to put the responsibility on the employee that these are in place? 4. Other? – please elaborate
Jem
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Posted By Bob Shillabeer This is an old chestnut and it is quite easy to crack.
If the company uses or allows employees to use thier own vehicle on company business there needs to be a clear policy on such use. This will include a means to check that the vehicle is fully compliant with the required laws for it to be used on the public highway. That means that it is taxed, MOT'd when required and the driver is fully licenced for business use and holds a current driving license.
This is done through a general a check that the required documents are in place and confirmation that it meets the legal requirement. A further aspect that should be covered is a means to ensure the vehicle is properly maintained by laying down clear requirements that the vehicle must be propoerly maintained acording to the manufacturers specification.
The company should develop a policy on the use of privately owned cars.
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Posted By Steve E It should also be remembered that your employees should have suitable insurance which would include business miles otherwise they could invalidate their insurance.
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Posted By Jem Thanks for your responses and I can confirm that your points are covered in my policy.
The main reason for my post was to see if other organisation kept actual copies of drivers’ documentation, as this is the procedure that I want to implement.
An alternative management of the policy would be to require managers to visually inspect documentation periodically and record and document this.
My preference is to keep copies of all such documents in personnel files, mainly as this is easier to manage and control.
Jem
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Posted By David Bannister I advise clients to take and keep copies. An annual check allows you to keep an eye on those who are racking up penalty points and then make a management decision on what to do about it.
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Posted By Robert. So what if an employee racks up penalty points for social and domestic driving and none for work related driving. What do you do then?
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Posted By steve e ashton If I could cross thread for a bit of discussion...
The question was recently asked - why should employers be prosecuted if a driving employee uses a telephone whilst driving - and to take it further, would it make sense to prosecute the employer for every driver who goes through a red light or parks on double yellows?
I know that most employers have policies similar to the one being discussed here - I have introduced a couple myself over the years. The question I must now ask is 'WHY?'.
What is it we are trying to do with the document checks and records? Is the effort involved justified in terms of a balanced response to a real risk? Does it actually reduce any risk? or provide any real protection?
HSE argue elsewhere for 'sensible safety'. Is the urge to check and record driver documents just nanny statesmanship?.
I bet that's put the cat amongst the pigeons...
Steve
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Posted By Pete48 Totally agree Steve. Whatever happened to trust between an employee and employer? Reasonable person knows and understand, maybe helped by a company briefing note, the conditions for using their private vehicle on company business. Irrespective of business use, they are personally responsible for having a current licence and that their vehicle is always insured and roadworthy as well as driving within the law. So the only difference is business miles for which they will not be insured unless they have declared it. Employee signs receipt of company procedures in just the same way as they sign for employment contract. Then, presumably, they are reimbursed for any expenses incurred and therefore confirm that they do comply with all the requirements every time they make such a claim. Is that reasonable for both parties? I think so. Will it ever go wrong? Of course it will. Would it be less likely to go wrong if you have a vast warehouse full of paper and records of checks? I am far from convinced. Murphy's fifth law says that the pieces of paper you would need to present as evidence would be the ones missing from your vast record base. There has to be something about reasonableness and proportionality in this matter somewhere.
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Posted By David Bannister We spend a large part of our working life making "work" less risky (mostly successfully) whilst the time our work colleagues spend at the wheel of their vehicles is statistically when they are most likely to or kill, particularly if their job involves driving. Often many of us consider road risks to be beyond our remit.
It seems to me that doing an annual check on licenses and tracking penalty points is a small part of good risk management, along with a whole host of other measures that I will not detail here.
The employee who racks up points whilst not at work clearly has behavioural issues and I would not want them to be driving for my business until these were corrected.
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Posted By David Bannister Sorry should have said "when they are most likely to die or kill"
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Posted By Robert. Would you really stop an individual driving for your company if they accrued points whilst not involved in work, and are already driving for your business? Are you really qualified to categorise what is a safe or unsafe driver. License checks merely let the employer know the legal status of their drivers during employment so that the employer has made a reasonable effort to ensure that the drivers are legal to drive for that company-------and are not banned, for example.
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Posted By steve e ashton I can see the potential benefit of advanced, or defensive driver training. I'm sure there are stats somewhere that support their use in a good risk management program.
But document checks and records? Lets get real folks.
Steve
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Posted By Brett Day
There was a case a little while ago where a company was prosecuted after an accident, the driver had been disqualified for a drink driving offence.
The court deemed that checking (and taking copies) of licences at least annually was the minimum that the company should have done to have discharged thier duties under H&S law and the Road Traffic Act - the offence of causing or permitting an offence to be commited.
They had no checks, no copies of documentation, hence the prosecution, they had permitted an offence to be commited by allowing the employee to drive on company business whilst banned.
So as for checking licences, MOT, insurance etc at least annuallly I would say MUST be a resounding yes !
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Posted By Brigham Robert, You ask what would a company do to an employee who accrued points outside of work. Simple answer and reasonable response would be to put that person on a defensive driving course of say 1/2 day and get him/her assessed by the instructor. What to do if the instructor says he's a liability is one for another discussion...
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Posted By Ron Hunter If I may expand slightly on my previous response. I consider that keeping copies is wholly unecessary and overly bureaucratic.There are also Data Protection/civil liberty issues (what justifiable REASON does the employer have to hold these documents?) My main argument is that this can lead to a system which scrutinises the copies and not original documents.
It is not unknown for people to counterfeit or alter such documents. It is important that the scrutineers know what they are looking at. A system of cursory inspection is no use to anyone.
It is also not unknown for employees who do not hold a licence to have been authorised to drive company vehicles.
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Posted By David Bannister I said in my earlier post that there is a range of risk management measures that may be used to reduce road risks.
A documentation check is just one of them. It is an easy way of checking that a driver still possesses a license, whether they have accumulated many penalty points, whether they have insurance in place where relevant, MOT, servicing etc. Each employer must make its own judgment but for me 9+ points on a license indicates that driving behaviour is very suspect, regardless of whether this was on a leisure night or a workday morning.
If a driver cannot use my or his killing machine safely whilst working for me then I feel duty bound to do something about it. If I was made aware he was using a fork lift truck in a dangerous manner or operating a power press without the guards I would take action and I see little difference between these unsafe behaviours.
Just because work driving is done away from our supervision this does not mean we can abdicate responsibility.
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Posted By Steve Cartwright
If I remember rightly the company were either fined or had to cover the costs which were £80,000.00 for not checking their employee had a valid license. I think thats 80000 good reasons why licenses should be checked.
I know of one company who employeed a team of salesmen. One of them had worked for the company for 15 years. He got stopped by police whilst driving, it turned out he had never even passed his driving test. He got sacked the next day. Don't rely on trust it could end up costing you a lot of money. That's why laws/regulations were introduced as many have found out people can't be trusted.
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Posted By Arfon Wiiliams Can I just clarify something here? Isn't there an onus on employers to also check the physical state of the car through maintenance? I'm sure I read in the DfT/HSE guidelines that employees had to have their privately owned cars serviced to manufacturers standards and that they should know how to regularly check lights, tyres and washer levels for example.
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Posted By Brett Day
Arfon, yes it comes under the RTA 'Cause or permit' in this case it would be driving an un roadworthy vehicle.
As for drivers being able to check lights, washer levels, tyres etc, all drivers should be able to do this. But sadly most do not.
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