Current Legislation Regarding Motor Vehicles Used for Business
The following Acts of Parliament could affect the employer of anyone who drives at work, whether in a company vehicle or on company business in their own vehicle. The information is provided below as a guide only and employers should check with us, or the relevant government body for the most up to date information
Corporate Manslaughter and Corporate Homicide Act 2007
This new act came into force on 6th April 2008. The Act means that businesses, both large and small can be held liable for manslaughter where there has been gross negligence in the management of health and safety causing death and not only for violations of health and safety.
The Act is concerned with the corporate liability of the organisation and does not apply to individual directors, senior managers or other individuals; however, if there is enough supporting evidence, individuals can be prosecuted for gross negligence manslaughter and any offences under current health and safety legalisation.
If an organisation is found guilty of the offence, they may be liable to an unlimited fine.
For further information on the act, please click on the following link:
www.opsi.gov.uk/Acts/acts2007/ukpga_20070019_en_1
HSE Guidelines on Driving at Work
A new information booklet issued during September 2003 suggests ways to manage the risk to drivers’ health and safety in compliance with the law. This has become an official reference for businesses engaged in Driving at Work and at Fleet Department, we ensure that all drivers have access to the publication. The suggestions included within the booklet are in addition to the duties you have as an employer under road traffic law, e.g. the Road Traffic Act and Road Vehicle (Construction and Use) Regulations, which are administered by the police and other agencies such as the Vehicle and Operator Services Agency.
This leaflet is available as a download from the following link:
www.hse.gov.uk/pubns/indg382.pdf
Health and Safety at Work Act 1974 (HSWA)
The HSWA requires any employer, manager or supervisor to ensure, as far as reasonably practicable, the health & safety of its employees (full or part time) whilst at work, and in particular those with responsibility for fleet management. This includes all work-related journeys and covers all drivers whether they are in company vehicles or using their own private vehicles for business use. The employer also has a responsibility to ensure that others are not put at risk by work-related driving activities. This also applies to the self-employed, who have a similar responsibly to that of employers.
Sections 2 and 3 of the HSWA require companies to conduct their businesses to ensure the health and safety of employees and non-employees, "so far as reasonably practicable".
If a company breaches either section 2 or 3 of HSWA as the result of neglect by a director, then he or she will be guilty of an offence under section 37 HSWA and can be disqualified from acting as a director for up to 15 years, if convicted in the crown court.
HSWA Section 2 (1) states:
"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees"
HSWA Section 3 (1) states:
"It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety"
'Undertaking' refers to a company’s business. If someone drives on behalf of the company as part of that business, whether or not the vehicle is owned by the company, the activity is likely to come with the company’s undertakings.
HSWA Section 37 (1) states:
"Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly"
For further information on the HSWA, please click on the following link:
www.hse.gov.uk/legislation/hswa.pdf
Management of Health & Safety at Work Regulations 1999 (MHSWR)
Inevitably, there are always risks associated with driving on the highway and although these risks cannot be removed completely, every employer has a responsibility to take all reasonable steps to manage the risks in just the same way as they should in the workplace.
Regulation 3 of the MHSWR outlines the requirement for all businesses to perform risk assessments for the heath and safety of its employees while they are at work. Regulation 5 of the MHSWR sets out how to manage the risks.
For further information on the MHSWR, please click on the following link:
www.opsi.gov.uk/si/si1999/19993242.htm
Provision and Use of Work Equipment Regulations 1998 (PUWER)
The main purpose of PUWER is to ensure that work equipment (which includes company vehicles and employees own vehicles used on company business) should not result in health and safety risks.
Employers are required to ensure that risks to people’s health and safety are prevented or controlled by ensuring that equipment (including vehicles) are suitable for their intended use. It is also requires that employers ensure that vehicles are safe to use, regularly inspected, properly maintained and that employees driving the vehicles are fully trained and licensed.
For further information on the PUWER, please refer to the following link:
www.opsi.gov.uk/si/si1998/19982306.htm
Reporting of Injuries, Disease and Dangerous Occurrences (RIDDOR)
RIDDOR is a compulsory reporting system for all work-related personal injuries. We recommend that RIDDOR is adopted by companies whenever drivers have been injured in a motoring incident.
For further information on the RIDDOR, please click on the following link:
www.opsi.gov.uk/si/si1995/Uksi_19953163_en_1.htm#end
Working Time (Amendment) Regulations 2003
Working time regulations aim to improve health and safety by controlling the hours that employees work.
Regulation 24 (3) states:
"adequate rest means that a worker has regular rest periods, the duration of which are expressed in units of time and which are sufficiently long and continuous to ensure that, as a result of fatigue or other irregular working patterns, he does not cause injury to himself, to fellow workers or to others and that he does not damage his health, either in the short term or in the longer term."
Employers could be found guilty of a criminal offence and may face a fine should they be found guilty of failing to take reasonable steps to ensure compliance within the working time regulations.
For further information on the Working Time Regulations, please click on the following link:
www.opsi.gov.uk/si/si2003/20031684.htm
Road Traffic Act 1988 (RTA)
The RTA is concerned with the responsibility and liability of drivers on UK roads.
If an employee has committed an offence under the Act, and in the event of a serious incident, employers are potentially open to prosecution of offences ranging from 'corporate manslaughter' to 'aiding and abetting'
For further information on the RTA, please click on the following link:
www.opsi.gov.uk/acts/acts1988/Ukpga_19880052_en_1
Road Death Investigation Manual
The Association of Chief Police Officers (ACPO) manual adheres to the principle that all fatal collisions should be investigated as ‘unlawful killings’ until the contrary is proved.
The manual is designed to provide investigators with a suitable framework to ensure that the most thorough and appropriate investigation is conducted.
To find out more information and the structure of an investigation, please click on the following link:
http://www.acpo.police.uk/asp/policies/Data/road_death_investigation_manual_18x12x07.pdf
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