ACES Magazine - issue 1

Page 55

Company Car Policy

more likely to drive without correct insurance or a valid MOT, or whilst knowing that the vehicle needs some attention. According to results from the research, 20% of grey fleet drivers have driven while using a hand-held mobile and almost 5% of grey fleet drivers have, at some stage, driven under the influence of recreational drugs. Apart from the clear road safety risk that this type of behaviour poses, many UK bosses are unaware that they are ultimately liable for these drivers when they’re out on the road for work purposes. The study also interviewed nearly 300 company decision-makers with responsibility for managing business vehicles. A third (33%) of those surveyed believed that there was no significant risk to the organisation from an employee using their own vehicle for work. More worryingly, 40% were not fully aware of the employer duty of care regulations within the Health and Safety at Work Act (1974) and how they impact the grey fleet. Under current health and safety laws, employers owe the same duty of care to employees driving their own private vehicles for work as they do to employees who drive an organisation’s owned, leased or hired vehicles.

driving any vehicle for any business purpose and The Company Vehicle Policy MUST include all vehicles driven on company business regardless who funds or owns them.

“Grey fleet drivers are more likely to engage in illegal behaviours while driving, including using a hand-held mobile phone” This must include :• Driving License Checking • Vehicle Inspection rules and time frames • Mobile Phone use • Monitoring hours the vehicle can be driven without a rest • Checking drivers are medically fit to drive – eg eye tests • Ensuring the vehicle is both fit for purpose and legal

According to figures from the Department for Transport, tragically almost 2,000 people are killed on our roads every year. Of these, it is estimated that around 25 to 30% are due to accidents involving drivers on work journeys. The stakes are high. Up until March 2015 any offence under the HSE Guidelines had a maximum fine of £20,000. Now it is an unlimited fine and could even include a jail sentence for the Directors if they cannot demonstrate competence around the Duty of Care Policy for all of the vehicles driven on company business regardless who owns/leases them. Ignorance is no defence for a Company Director. If you are at all concerned regarding any vehicles that are driven for Company Use then Neva Consultants can offer you free advice around managing your risk For more information on creating a comprehensive Company Car Policy, contact Neva Consultants on 01825 720900 and speak to one of their Key Account Managers

Neva-Consultants.Com

Employers have a legal and a moral responsibility to ensure that their drivers and vehicles meet all legal requirements. So what can you do to ensure you meet the legal requirements? When dealing with Company Vehicles, it is a natural process to educate, inform and instruct drivers to be diligent. Company car drivers must ensure their car is serviced, MOT in date and the vehicle in acceptable condition. However, Business owners must recognise that this Duty of Care extends to any employee

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