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#1 Posted : 06 November 2008 19:18:00(UTC)
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Posted By Warren Fothergill Now then, this is a discussion (and difference of opinion) between me the safety practitioner and the transport manager. It is immediate family use of a company car. I am saying that our duty of care is really an insurance one, that we need to ensure that they are qualified to drive the said car, therefore ask for a licence and do a check with DVLA for validity. Our group insurance allows 'drivers holding a full license' to drive our vehicles. From my viewpoint, under health and safety legislation and duty of care, our duty is serviced through this. Of course the employee undergoes assessment, driver appraisal, issue of policies, guidance etc. The transport manager says that all drivers should be assessed, which extends, he says to the immediate family, who are insured to drive. This he says is best practice. My viewpoint is that under the 'HASAWetc Act', MHSW Regs 99 and PUWER the vehicle is under that regime with relevant controls implemented. Therefore, when it becomes a social tool it is outside the scope, though by checking an intended drivers license we fulfill our moral and legal obligations and we have no further duty of care. ALARP is followed in my example. Your thoughts forum?
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#2 Posted : 06 November 2008 19:23:00(UTC)
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Posted By CFT Warren It is not work related during the hours of social domestic use for designated members to drive a company car. As long as they meet with the pre-set criteria either by the organisation or the underwriter you have nothing to be concerned about; other than supplying a vehicle that is in roadworthy condition, and kept so. Do you not issue a comprehensive company car policy doc and have the person sign and agree to your terms of use? CFT
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#3 Posted : 06 November 2008 19:25:00(UTC)
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Posted By Warren Fothergill CFT Thanks for the quick response. You would laugh, like me at the 'soft' group policy. As a business unit, I want a stronger policy and procedures in place to satisfy my own conscience. As for the members of the family response, you are singing from my hymn sheet, so happy with that. Cheers Wazza
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#4 Posted : 06 November 2008 23:29:00(UTC)
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Posted By Ron Hunter Slightly unusual for a Group Policy to extend beyond employees without the insurers requiring additional (spouse/family) drivers to be named. Often there are restrictions on age and class of licence (e.g. 25+, no provisional drivers). Either way, your insurer can guide on best practice?
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#5 Posted : 07 November 2008 09:01:00(UTC)
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Posted By MT I have been a named additional driver on all of my other half's company cars, and without exception, all that has been required is that I send my driving license to the company, it is copied, my details passed to their insurers, and bingo, I can drive the car. Is there a reason why this person thinks other drivers should be assessed? Lots of accidents caused by them?
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#6 Posted : 07 November 2008 09:34:00(UTC)
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Posted By Tabs Having a copy of the driver's licence is proof that you have checked that the proposed driver has already been assessed, and passed the government's agreed standard of competency for driving. Your transport manager might be right that additional assessment and training could help, but it is not required by law. As a H&S manager, and ex-instructor, I would support any voluntary programme that he wanted to fund though. When writing your policy, make the use of car dependent of the driver reporting any fixed penalty/impending action as soon as practicable.
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#7 Posted : 07 November 2008 15:01:00(UTC)
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Posted By GFB We approach this by getting our company car drivers to sign up to a policy which states that they may give permission for others to drive their cars providing they ascertain that they have an appropriate licence. This cuts down on the bureaucracy involved but also means that in an emergency (or just when you are too tired to drive) you can ask a willing friend or colleague to drive your car. This is particularly useful on long work trips with colleagues and we believe adds to safety. Our company cars are only insured third party and are mainly issued to managerial staff which may make this policy more appropriate.
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#8 Posted : 08 November 2008 16:28:00(UTC)
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Posted By TBC I was responsible for fleet cars in one company I worked for a long time ago. Individuals had their own company cars and the 'fleet' were like spares etc. Anyway we had a slight problem when one employee, a company car driver/user went on holiday abroad. He gave his son the car and petrol card to tour Scotland whilst he was away - he was told the errors of his ways and had to pay back fuel for that period. Insurance would have covered his son, but taking the Micky a bit with fuel etc.
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#9 Posted : 09 November 2008 09:07:00(UTC)
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Posted By Warren Fothergill So we would all feel that best practice is what? There doesn't seem a best practice identified, other than the legal position of just obtaining and checking of 3rd party licensing. Cheers Warren
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