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Duty of Care for Company Vehicles

Duty of Care for Company Vehicles
Posted On By Lease Electric

A Simple Guide for Employers

If your business provides company cars or vans, keeping employees safe while driving for work is an important responsibility.

Under UK health and safety law, employers have a duty to manage risks to employees who drive as part of their work. This means thinking beyond simply providing a roadworthy vehicle. Businesses should consider the vehicle, the driver and the journeys employees are being asked to make.

Here are some of the key areas employers should consider when managing company vehicles.

 

What Does Duty of Care Mean for Company Vehicles?

Driving for work should be treated like other workplace health and safety risks.

Employers should have appropriate systems in place to identify and manage risks associated with employees driving for work. This can include choosing suitable vehicles, keeping them properly maintained, checking drivers are legally entitled and competent to drive, and making sure working practices don't encourage unsafe driving.

Importantly, health and safety law can apply to driving for work, even when employees are away from your usual workplace.

 

Choose Safe, Suitable Vehicles

Company vehicles should be appropriate for the employee and the work they're expected to carry out.

When choosing a company car or van, consider factors such as:

  • The type and length of journeys being undertaken

  • Passenger and load requirements

  • Vehicle safety ratings

  • Driver assistance technology

  • Payload and towing requirements for commercial vehicles

  • Driver comfort and ergonomics

Modern company cars can also offer technologies such as Autonomous Emergency Braking, Lane Keeping Assistance, Blind Spot Monitoring and Driver Attention Monitoring.

 

Keep Vehicles Properly Maintained

Employers should make sure vehicles used for work are maintained in a safe and roadworthy condition.

There should be clear arrangements for servicing and maintenance, alongside procedures for employees to report faults or damage.

Drivers should also be encouraged to carry out regular checks covering areas such as tyres, lights, windscreens, wipers and warning lights.

Remember, an MOT certificate alone doesn't guarantee that a vehicle is safe to drive. Vehicles still need to be properly maintained between MOT tests.

Including maintenance within a company vehicle lease can help businesses manage servicing, maintenance and tyres throughout the agreement.

 

Check Your Drivers

Duty of care isn't only about the vehicle.

Businesses should have appropriate processes for checking that employees are legally entitled to drive the vehicles they're given.

Depending on your fleet and how vehicles are used, this could include checking:

  • Driving licences

  • Appropriate vehicle entitlement

  • Insurance arrangements

  • Driver competence

  • Relevant training requirements

These checks shouldn't necessarily be treated as a one-off exercise when an employee first receives their vehicle. Businesses should consider how they will monitor driver eligibility throughout employment.

 

Have a Driving for Work Policy

A clear driving policy helps employees understand what your business expects from them.

Your policy could cover areas including:

  • Speeding and road traffic laws

  • Mobile phone use

  • Seatbelts

  • Alcohol and drugs

  • Fatigue and rest breaks

  • Vehicle checks

  • Reporting damage and defects

  • Accidents and breakdowns

  • Business mileage and journey planning

  • Charging electric vehicles

Employees should know who to contact if they believe either they or their vehicle are unsafe to drive.

 

Consider the Journey

Businesses should also consider the journeys employees are expected to undertake.

Long working days combined with significant amounts of driving can increase fatigue and risk. Where possible, journeys should be planned with realistic travel times and appropriate breaks.

Employers should avoid working practices or schedules that could encourage employees to speed, drive while tired or take unnecessary risks to meet deadlines.

 

Don't Forget Grey Fleet Drivers

Your duty of care doesn't necessarily end with company-owned or leased vehicles.

If employees use their own vehicles for business journeys, commonly referred to as the grey fleet, businesses should have appropriate procedures in place.

This can include making sure employees have:

  • A valid driving licence

  • Appropriate business-use insurance

  • A valid MOT where required

  • A properly maintained and roadworthy vehicle

 

For some businesses, introducing an electric vehicle salary sacrifice scheme can also help reduce reliance on grey fleet vehicles.

By giving employees access to a new, fully maintained and insured vehicle through their employer, businesses can encourage drivers away from using older personal vehicles for work journeys. 

Salary sacrifice won't remove every grey fleet responsibility, but it can form a useful part of a wider fleet and travel strategy.

Find out more about EV Salary Sacrifice 

 

Electric Company Vehicles

Moving your company fleet to electric introduces a few additional areas to consider.

Drivers receiving their first EV should understand how to operate and charge it correctly, particularly if it's significantly different from the petrol or diesel vehicle they're used to.

A good EV handover can cover:

  • Home, workplace and public charging

  • Charging cables and connectors

  • Regenerative braking

  • Vehicle range

  • Driver assistance systems

  • Breakdown procedures

  • What to do following an accident

Businesses should also make sure employees understand any relevant procedures surrounding damaged electric or hybrid vehicles following a collision.

 

Company Vehicle Duty of Care Checklist

A simple starting point for employers is to make sure you:

✓ Choose safe and appropriate vehicles
✓ Keep vehicles properly serviced and maintained
✓ Have a system for reporting and resolving defects
✓ Check employee driving licences and eligibility
✓ Provide an appropriate vehicle handover
✓ Have a clear driving-for-work policy
✓ Consider driver fatigue and journey planning
✓ Manage grey fleet vehicles appropriately
✓ Provide additional guidance for employees moving to EVs
✓ Regularly review your company vehicle policies and procedures

For more information: Employers - driving and riding safely for work - Overview - HSE

 

HSE - Guidance

For full guidance on your responsibilities as an employer, including your duty of care to employees who drive for work, visit the Health and Safety Executive (HSE):

Employers - driving and riding safely for work - Overview - HSE 

 

 

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