Whilst not answering your query directly you may find the ROSPA publication 'Driving for work - Own vehicles' of interest. Hope this helps.

Where I work private cars are only allowed to be used after production of MOT, driving licence, insurance docs (showing business usage cover) and a letter from the insurance company confirming that they will indemnify my employer against possible claims.

I think this would show that the employer had taken reasonable steps but to the best of my knowledge it has never been tested.

When we claim for mileage we sign a declaration that our car is roadworthy, fir for purpose, taxed etc.

Not sure how we stand legally?!

I do have a driving at work policy though.

Hi Sam,

A private car is still the property of its owner and whilst it is not work equipment, you should satisfy yourself that you are not sending employees out in vehicles that are not suitable.

RoSPA and HSE have a fair bit on this, but as a minimum you should be checking (and preferably taking copies) of driving licences, insurance documents that show they have the appropriate business class insurance and an MOT. I would suggest this on an annual basis, if not more often.

I have experience of a person being identified who was being asked to drive their own car by their employer, but they had been disqualified....

Whilst not your fault, you must do everything you reasonably can to ensure people are not affected by you work activity. It is reasonable to check somebodies documents, but not reasonable to maintain their car.

hope this help

Sam
Employees own cars need to be insured for 'Business use' which jacks the insurance up and if enforced reduces the unecessary jaunts in personal cars.

Badger

Surely a court would also say that it was reasonable to expect an employer to view copies of relevant documents, licence, MOT etc.

Like amorris above, I have had an instance some years ago where a driver was found to be disqualified, and yes it was the police who told us!


JohnW

Some interesting quotes pulled together for info with sources below:

Managing the duty of care to employees driving for work is a legal requirement, and this includes employees driving their own vehicles for work

Both management and employees can be prosecuted for road traffic crashes involving work-related journeys, even when the driver is using their own vehicle

In the case of a work-related road incident, organisations will need to provide evidence that they have taken ‘reasonably practicable’ steps to manage their duty of care.

The Corporate Manslaughter and Corporate Homicide Act 2007 created a new offence where death is caused by a gross breach of duty of care by senior management.

Where it can be proved that senior management are responsible for a gross breach of duty of care relating to an employee driving for work and that death has resulted from this breach, penalties can be applied

Over 34% of organisations admitted in a recent survey that they do not have basic procedures for checking the driving licences and insurance of grey fleet drivers.

Confounding factors effecting your companies ‘reasonably practicable’ steps:
Effective journey planning may not be being undertaken – grey fleet is easy
In some cases, the mileage rates offered by departments may act as an incentive for people to drive their own vehicles
Journey management is not implemented,
Alternative methods of travel not investigated
Minimising journeys via tele conferencing or other means not invested in
Provision of adequate number of pools car not sufficient
Training, guidance and information to grey fleet drivers not sufficient
Checks on MOT, licence, insurance, vehicle and individual suitability not checked, recorded or enforced
Risk assessment of journeys including management of breaks working hours, times of driving etc..

The employer:
Requires minimum vehicle standards to be met by employee owned cars used for business, which cover NCAP ratings, emissions etc.
Is responsible for taking steps to assure itself that the vehicle and driver are fit for purpose for each business journey undertaken levels, required safety features and essential breakdown cover.

It is suggested that:
As a very minimum every employer should keep an up to date register of all drivers and cars used at work.
From this register employers should carry out a risk assessment and have procedures to ensure that each employee has proper business insurance and that their driving licence is current
There should also be guidelines governing the condition, suitability and apparent roadworthiness of private cars used on their business.

Further details and source:
http://www.ogc.gov.uk/do..._Fleet_Best_Practice.pdf
INDG382 DRIVING AT WORK MANAGING WORK-RELATED ROAD SAFETY
www.ROSPA.co.uk - Driving for Work: Own Vehicles.pdf
http://www.greyfleet.com/Care.html
http://www.fleetnews.co.uk/RiskManagement