Rank: Guest 
|
Posted By Clive Polkinghorne
Following an excellent positive response from my initial thread I would like to run the following subject.
For many years now I have been a Casual motor vehicle user, that is using my own vehicle in relation to my employed work and receiving a milage allowance for doing so. I am sure that there are many people in an similar position. I am fully aware of the Insurance, suitability of Driver and Suitability of Vehicle requirements BUT
Does my vehicle come under the PUWER Regs when I'm using it as casual User?
If the answer is Yes as I suspect what control have my work over the vehicle when I use it for this purpose?
Should there be a Risk Assesment for such use?
Finally should there be a Policy?
A close friend of mine introduced the subject to his work place and World War 3 almost started.
Clive Polkinghorne
|
|
|
|
|
|
Rank: Guest
|
Posted By Gavin
Not an answer to your question, but a thought - if reps use use their laptops whilst in their cars, should the vehicles be subject to a DSE assessment? We await the first test case on a company vehicle under the workplace regs, PUWER, DSE, etc.
|
|
|
|
|
|
Rank: Guest
|
Posted By Bill Elliott
Clive - my interpretation has relied on the Guidance to Regulation 2 in the ACOP - "Motor Vehicles - which are NOT privately owned fall within the scope of PUWER" It follows therefore if the vehicle is yours and not your employers PUWER does not apply. The usual requirements of complanc ewith Road Traffic Legislation will of course be applicable. Regards
|
|
|
|
|
|
Rank: Guest
|
Posted By Paul Adams
Yes,
But when you accept the full mileage rate that covers your running costs, insurance etc. I think you are effectively hiring your vehicle to your employer. You are using it for work and therefore it is work equipment at that time. The employer should therefore have a right to state a minimum standard for the vehicle, possibly with some sort of inspection regime, i.e. periodic inspection of service log book?
|
|
|
|
|
|
Rank: Guest
|
Posted By Karen Todd
Hello Clive,
I remember hearing a while ago that in a particular company if you wanted to use your own vehicle it had to be less than 3 years old.
I am not sure what the reasoning for this was - whether they didn't want people running around in old bangers (that would convey the wrong 'image' for the company), or whether it would be because the cars don't need an MOT and will most likely have a full dealer service history to ensure that the warranty has been kept up and that they are more reliable etc.
Would definitely advise that licenses are checked, insurances checked to make sure the car is insured for business use (there have been other threads on this one), and a policy written, e.g. to ensure that owner agrees to ensure that vehicle is maintained in roadworthy condition, etc.
Regards,
Karen
|
|
|
|
|
|
Rank: Guest
|
Posted By Laurie
Is this not covered,at least in principle/precedent, by the landmark ruling against the Royal Mail some years ago?
I can't remember exact details, but for those who weren't in H&S at the time, Royal Mail were heavily fined following an accident for tacitly, but not formally, allowing a young worker to use his own scooter/motorcycle (?) for deliveries,
Laurie
|
|
|
|
|
|
Rank: Guest
|
Posted By Jack
Yes I agree Laurie. As far as I recall he wasn't paid expenses for using his m/c and indeed hadn't been required to use it - but management must have been aware of it because he carried his helmet around and therefore they gave their tacit approval. I think it was breaches of S2 (& 2.2(a) & 2.2(b)). Also for manual handling regs.
Brought by EHOs rather than HSE.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.