Driving Own Vehicle For Employer
Monday, March 29th, 2010
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?
