Driving for work, no matter how trivial the reason, falls under the Health & Safety at Work Act (1974). It is a criminal offence to allow a person to drive for work if they are not legally entitled to use the vehicle.
All of these activities constitute driving on business and come under the remit of the duty of care.
This means that an employer must check that employees:
14 million grey fleet vehicles in the UK today.
8 million people driving on company business every day.
In 2015 the Occupational Road Safety Alliance recorded
45,859 work related road casualties
4,822 of them serious including
More than a quarter of all road traffic incidents may involve somebody who is driving as part of their work at the time.
more than a quarter of all road traffic incidents may involve somebody who is driving as part of their work at the time.
Deaths on the road may be classified as manslaughter.
Fines for conviction under the Corporate Manslaughter and Homicide Act 2007 are based on the size and turnover of the organisations with a starting fine of £300,000 and a no limit maximum.
Going to jail The police are mandated to investigate road accident fatalities as manslaughter.
Being fined Unlimited fines based on your turnover, not profit, i.e. big enough to close you down.
Civil action being taken by your own staff, and/or a third-party insurer.
During the course of creating our system we came across many misconceptions
My business is too small
The legislation applies equally to all businesses who are employers, from sole traders to PLC's. There are additional requirements placed on businesses that employ over 5 people.
I don't run company vehicles
If you drive (or ask a third party to drive) a vehicle on company business - whoever it belongs to, or however short the journey - it applies to you.
My staff run their own cars
Whoever the vehicle belongs to, it becomes your company's responsibility to ensure that it is roadworthy and maintained as per the manufacturers service schedule, that it is taxed and insured for business use, and carries a correct MoT certificate etc.
Employees tick a declaration on their expenses claim therefore it's their responsibility
Regardless of this declaration, it is still your responsibility to ensure you've collected the appropriate duty of care documentation.
All this is handled by our Leasing Company/Accountants/Insurance Brokers/Bankers/Lawyers etc.
The law is quite clear in this respect: It is the responsibility of Directors and Line Managers and cannot be transferred to a third party.