Driving own vehicle for an employer

Blogged this one today so thought it might be beneficial to any employer not currently requesting relevant information from employees, and what constitutes driving at work. Note: This does not include driving to and from your main place of employment which is generally not considered business use et al.

When visiting a client for the first time I am amazed at how many firms permit an employee to drive their own vehicle regularly on works business – without ever making any kind of check to see if the employee has;

1. Business use Insurance

2. A correct driving licence

3. MOT certificate (if relevant).

A common question is about refusals to submit said information to the employer, and where does it state that they should be permitted to see this information?

To be straight it does not say it anywhere et al. However, with the Road Traffic Acts, HSW Act, Associated Management Regulations , this should be more than sufficient for an employer to hold, retain and update this information on individual employees. A refusal to submit this information usually means one thing…

I advise my clients, if an employee refuses to supply this information, he/she does not drive on work business…period!

It is law that an individual should be insured and suitably licenced to drive on the highway. The vehicle also should be suitably safe (MOT) to use.

I heard this today…”well, it is not really driving at work, they only go to town to pick up copy paper or provisions, they don’t need business use insurance for that…do they?” Well yes siree Bob they do, an accident and claim makes no definition between a trip to the shops on business or a trip between work locations. Be absolutely certain before you let an employee drive his/her own vehicle on company business that you have treated the process just the same as you would with any other work whilst in your employ.

Driving is no different, all employers have a duty to provide training; with driving you need to know the individual is trained and permitted to use the roads…and a vehicle for same.

Be warned if you decide to ignore this. You could be on the end of a hefty fine, and or a custodial sentence, and even the loss of your company should the Corporate Manslaughter Act be considered…and yes it can for road related in certain circumstances so don’t believe all the nonsense you hear that road related is solely a Police interest; it is not!

Above and beyond though…you have a moral duty. Can you imagine living with it for the rest of your life…if an employee was killed on the roads whilst in your employ, and you forgot to make certain they were qualified and competent to drive…makes you think doesn’t it?

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Hi

How far does it go. Is an employer entitled to rely on driving licence and penalty points system for example?

Barry

A powerful yet accurate statement, something for all employers to bear in mind and even individuals asked to nip to the shops by their boss for company supplies could get caught out here as you say IT IS STILL BUSINESS USE and you need Class 1 cover. Most of the time its given free or for a small extra charge but its worth it as you only need to get stopped by the Police and if there is a hint of Business use they could report you for driving without correct insurance cover - normally 6 points and a £200 fine

Reminds me of a claim many years ago. I was working for a company who used to insure a lot of Couriers, the policy cover stated no passengers whilst working. Employee thought he would take his girlfriend out for the day whilst delivering, unfortunately he rolled the van & killed her - a very nasty claim ensued!

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Thanks
Clive

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Indeed Barry, you may. When you say how far. Simply put if someone is driving their own vehicle on company time on company business, you owe them a duty of care as with any other working practice. To do that you need to establish they are qualified to drive, have relevant business use insurance and a valid MOT if vehicle over 3 years old.

Hours is something to consider also. I have recently assisted a client whose employee was involved in a RTA. Said employer had them working overtime over a ten day period with written consent to forgo the day off on a one-off basis. Adding the hours of driving up, then the overtime then the one hour drive to home meant a considerable amount of driving, he fell asleep at the wheel.

This is now being investigated - and the outcome could indeed be extremely serious for said employer. Employee is fine thankfully.

I cannot go into great detail, but there are additional circumstances the employer should have considered.

It is worthwhile for an employer to have a robust 'driving own vehicle' policy in place, duly signed by staff as fully acknowledged and understood by all users. keep copies of docs on file and update (review and audit) at least annually. It takes no time at all to have a thorough audit trail in place.

Mike

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Policy requirement and basic issues understood.

If an employer included a restriction in the policy of say not more than 6 penalty points or discriminated on age, younger drivers being statistically more likely to have accidents, could this be seen as unfair given the statutory regs?

Barry

No, not really Barry. At the end of it all you as the employer can put in whatever caveats you want to. Perhaps I should offer up a couple of examples that clients currently have in place.

Client 1. States that no-one under the age of 25 is permitted to use own vehicle on company business.
Client 2. Allows anyone to drive on company business as long as they have relevant documentation that shows they are entitle to drive a vehicle.

There is two completely differing policies. Which is right and which then is wrong? Neither as it happens. For the employer as long as a check is made, details are held - it makes not a scrap of difference. If statistically a younger driver is likely to have an accident, that is no concern of an employer unless he/she wishes to consider moral implications. And of course the amount of driving.

One could argue if investigating such an event, why did the employer not provide a vehicle when the employee was driving all week for the employer? Starting to get into company vehicle territory now.

So Barry, it would not be unfair what you suggest, but beyond a moral responsibility it would serve little purpose when 'own-vehicle' use is considered. As long as they are legally entitle to drive, this would be as far as you would normally consider...HOWEVER (oh there is always a however).

If employee (we'll call him/her Fred/Freda, stick with Fred then cos I'm a bloke) drives a beat up ol crate that looks like it is hanging together and generally minging, you would be unwise to permit said employee to drive on company business. Say Fred has an accident (and you know he is prone to dangerous driving) or for arguments sake you know that Fred likes a few 'tinnies' of an evening; it would be generally unwise to permit Fred to drive for you with his own vehicle with previous knowledge of his vehicle and life in-mind. One could argue (got my expert witness testimony hat on now), that you knew of the potential for an accident based on Fred's vehicle and his lifestyle, you should therefore have selected another employee to undertake the driving for you, (quoting an actual case now).

With company owned vehicles that is an altogether different angle and one of which I can happily advise you - or anyone else on.

I can help with a comprehensive 'own-vehicle' policy if you require it...or a professional 'company-car' policy. All at no cost via the forum.

All the best

Mike

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