RAC Duty of Care

There are an estimated 3 million company cars on the UK roads and all of these are subject to the Duty of Care legislation. There are also an estimated 5 million privately owned vehicles being used on company business and your company or organisation are required to apply the full Duty of Care legislation to the these vehicles and drivers whilst operating on company business.

The legislation applies to all vehicles used on behalf of the company/organisation whether they are provided by the employer, hired in on a leasing or daily rental agreement or provided by the employees themselves.

It also covers vehicles provided on ‘Cash for Car’ schemes etc. Many companies assumed that when they introduced such a scheme that they would be no longer held responsible for such drivers whilst driving on company business. This is a misconception and companies must recognise their responsibilities for any such drivers.

It is now recognised that the management and monitoring of employees driving their own vehicles on company business takes up far more management time than the traditional company car scheme. If an employee is covering mileage on business for the company then they are subject to the legislation.

Without being too harsh you have to ask the question “can such employees be trusted to operate within the same policies and procedures that apply to the company car driver.” Within many companies the answer to this question is – “No”.

You must, therefore, operate policies and procedures that ensure your company is not exposed to any possible prosecution due to the activities of employees driving their own vehicles on company business. The employer must be satisfied as to the conditions and legality of the vehicle, and also be assured that the employee is licenced to drive and is correctly insured for business purposes. dutyofcare.com takes care of both of these requirements.

An employer standing in court and stating that they did not realise the employee had, for example, been disqualified would receive very little sympathy. You are expected to know and, therefore, you need to install procedures that enable you to gather the information in the first place and then maintain an accurate database. dutyofcare.com systems will provide this database.

It is recommended that you issue these employees with the same guidelines you issue to employees driving company vehicles, and which contain the acceptance of conditions document. Then you have to install a number of checks and balances that the employee must agree to abide by. Such guidelines are an integral part of the package provided by dutyofcare.com

Many companies place the onus of responsibility onto the employees by requiring them to sign a statement on their expenses that declares that the vehicle has been regularly serviced and is road legal in all respects - tyres, lights etc. Further statements should require them to declare that they will notify the appropriate person on any changes to licence or insurance details, and that they will drive in a courteous manner and abide by the Highway Code. Assistance in this area is an integral part of the dutyofcare.com programme

Such initiatives will show the authorities that you have done all that is reasonably possible to ensure these employees are driving according to the legislation. Should the employees then choose to ignore such guidance and advice then the onus will be upon them in the event of any enquiry.

With regard to the servicing of such vehicles, you must satisfy yourself that these vehicles are being serviced at establishments that operate to the standards required by the manufacturers. Having the car serviced every six months by the employee or a non-approved Motor Service/Repair Agent is not really considered to be the answer.

Line management must pay as much attention to these vehicles and their drivers as they would to the more traditional company car.

Job Descriptions for employees using their own vehicles on company business should reflect the company rules regarding vehicle condition, monitoring and remedial action as necessary. They should also be required to report any incidents involving the driver or the vehicle whilst on company business to the appropriate manager/director.