The legal implications of fleet compliance

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Andrew Hill • Jan 30, 2015 • Fleet compliance

Employers have a clearly defined Duty of Care towards staff, and driving for work represents a big occupational risk. We’ve taken a quick look at what fleet compliance and driver safety means for your business in regards to the legal landscape.

Drivers and the law

It’s not just long-haul lorry drivers and tradespeople in white vans that you need to worry about. Any trip to a business meeting, conference or even an awards ceremony counts as driving for work, and so does the daily commute to the office!

Companies have a legal obligation to provide a standard of reasonable care for all employees, and fleet compliance plays an important part in this. If you fail to identify and address any hazardous driving conditions, your Duty of Care is breached and your business will face serious consequences.

The Corporate Manslaughter and Homicide Act (2007) states that any organisation in the UK is guilty of corporate manslaughter (or corporate homicide in Scotland) if the way in which its activities are managed causes a person's death. Negligent employers can therefore become subject to serious legal action if they fail to provide appropriate care for staff.

The public and the law

You also have a legal responsibility towards any members of the general public with whom your at-work drivers may come into contact. Pedestrians, cyclists and other drivers on the road can be affected by your vehicle fleet, and your business can be held responsible for any accidents.

Personal injury claims are on the rise across the UK, and if an individual makes a claim against your business it is likely that your insurance costs will increase. However, there can be even more serious legal repercussions. If a business driver is involved in a serious road accident, both the individual and the employer can face court prosecution for any act of negligence or non-compliance.

The Health and Safety at Work etc. Act (1974) acts to secure the health, safety and welfare of individuals at work, as well as protecting members of the public against any risks to their own health and safety created by people at work. More recently, the Health and Safety Offences Act (2008) raised the maximum penalties available to the courts for certain offences covered in the Health and Safety at Work Act.

Tackling fleet compliance

Duty of Care and Health and safety obligations are not optional for any UK business. Legal action against your company is likely to have an enormous impact on your company, and for smaller businesses it could be too much to survive.

That’s why it’s so important to put a comprehensive fleet compliance strategy in place, to take responsibility for the wellbeing of your staff and the public as well as protecting your business. Check whether you are acting within the law with our free guide: guide to improving fleet compliance . 

Why business compliance should be a top business priority

 

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