Rank: Forum user
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I would like to ask how your company's deal with occasional driving on company business using personal vehicles.
Obviously the workers have to have the right insurance to allow business use. But what about the employer's duty of care in this case? We have a thorough driving policy, which includes driver fitness & car suitability, etc. which is communicated during induction & safety minutes.
This is not a regular occurrence, but employees may use the car to drive to training courses, supplier sites, client sites and to a satellite office, generally not lasting longer than 1hr drive.
Could somebody please help me clarify the legal standpoint (HASWA, MHSWR, Road Traffic Act)? What would happen if somebody had an accident on business without appropriate insurance? And worse, what if the incident would result in a fatality - obviously thinking about vicarious liability here.
We have a journey management plan and car checklist, which is currently only enforced for trips where there are several passengers in a car, i.e. site visits for graduates, where the risk is higher. We have however not insisted on keeping copies of licenses, insurance docs, MOTs or defensive driver training.
What is your practice in your workplaces?
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Rank: Super forum user
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In all cases staff can fiddle so all U can do is what is reasonable noting that staff who take drink and drugs like to hide the fact but this is an area that U have to consider and U also need to allow staff adequate time to drive from one place to another especially today [2015] where we generally have a risk adverse workforce
In the case U describe staff bring in their insurance [which includes business use], MOT [where applicable] and driving licence on a regular basis for their manager to formally check and they make a declaration stating that the vehicle is well maintained according to manufacturers specifications - and managers undertake task talks about the subject and instruct staff in the appropriate policies etc. with adequate records kept of all these managing activities
Business use [according to our insurers] should be included on the drivers insurance but this should not cost the driver any more money and to date this has been the case and defensive driving courses are not undertaken as we found them not to be useful
Where Highways law applies RIDDOR does not apply, however RIDDOR does apply where Highways law does not apply e.g. whilst driving on private roads etc. such as in a college campus, private business land and HSWA etc. apply all the time as does common law
To cover the company I advise that adequate records are always kept so as U have a defense as its funny how people forget what has been told to them etc. after they have had an accident
You sound like that U have most things covered just a few tweaks are needed; best of luck
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