Legislation and
Compliance

Companies are required by law to safeguard employees who drive on behalf of the 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.

30% of road deaths involve
employees driving for business

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]