Posted By Donn
Morning,

We have a long debate in our office, between the managers/directors and us the H&S Representatives. I could like to see what your options are on this subject. I will try to explain it.

I believe that this will come under risk assessments and employers duty of care.

Company cars:- No problem, they have to be serviced regular and the company calls them to be serviced if they have not been serviced in 12 months, they are insured, taxed etc.. these are all on record who has what car etc. this is all kept at a central office for transport.

Car allowance:- when new staff take the car allowance, they signed and register the car they are using, that they will keep that car in a road worthly condition etc. If they change the car (which some have) no other paperwork is updated. so technically they have not agreed to keep that car roadworthy. the company only check they have a driving licence and no information is checked regarding the insurace and Tax of thier vechicles. as they are being paid to have a car, no checks as in place regarding how they keep the car etc.

Private cars: They get nothing from the company, only milage when travelling to courses, sites or elsewhere. no checks what so ever are done on these cars. although they are supposed to have business use. asking a few people they do not.

Scenario: What happened is the car allowance or private car had a passenger and had an accident and the police checked the car and details. it was deemed that the car was unroadworthly. where would this lead to??? of course the driver would be done, but if he had the car allowance and was being paid by the company to keep the car, would the company be at risk as well for prosecution? would they go for the head office where transport is governed or our local office???

can you please advise?

Donna

Posted By DRB
This would be dealt with by the police as an RTA and the HSE are unlikely to get involved. If the accident was caused by the driver being tired due to being told to drive long distances in a day (e.g sales rep with large area)then they might become involved but not for normal RTA situation. Think of how may RTA's there are each day and how many of them onvolve people driving in the course of their employment. The HSE do not have the manpower to tackle this area.

Hope this helps