LEGISLATION AND COMPLIANCE
Companies are required by law to safeguard employees who drive on behalf of the business.
of road deaths involve employees driving for work
30
%
30
%
of road deaths involve employees driving for business
There is a raft of Legislation covering the subject of ‘driving on company business’ and it is obvious that the punishments being metered out by the courts are varied but regular. The following are the main statutes that should be complied with where appropriate.
Compliance to the following must be clearly demonstrated by Employers:
Health & Safety @ Work Act 1974 – Duty of Care
Provision and Use of Work Equipment 1998 [PUWER]
Management of Health & Safety @ Work Regulations 1992 [updated 1999]
Corporate Manslaughter & Homicide Act 2007
Working Time Regulations
Road Safety Act 2006
Health & Safety [Offences] Act 2008
The following laws should also be given due consideration as they can be bought to bare when appropriate:
Road Traffic Act 1988 [and associated legislation
The Construction & Use Regulations 1986 [particularly relevant to grey fleet drivers…Use; Cause; Permit Aid & Abet]
The Association of Chief Police Officers – Road Death Investigation Manual
The Magistrates Sentencing Guidelines 2008 and subsequent revisions
The 5 way Protocol of ACPO; [Assoc. of Chief Police Officers] HSE; [Health & Safety Executive] CPS; [Crown Prosecution Service] BTP [ British Transport Police] & LGA [Local Government Authority]