Driving carries inherent dangers and all businesses have a responsibility to manage the associated risks. This is a vast area of law and practice, and no one article can possibly cover it, but the following should certainly be considered:
1. Tiredness
Numerous accidents are caused by tired drivers. There are specific rules on drivers’ hours for professional drivers, but if driving for over 4.5 hours without a break in an HGV is unlawful, why is it OK for an employee to drive their car for that length of time on a sales trip? Are company targets making lengthy driving periods a necessity?
2. Licences
How many businesses check their employees’ driving licences? Can they actually produce them? Are they being asked to drive vehicles for which they are unlicensed? Do they have a tendency to offend in certain ways such as speeding? Are they on nine penalty points and on the verge of disqualification?
3. Logistics
How are a company’s goods being carried? Is this to be done in-house or contracted out? If in-house, are operator licensing requirements being met? Is the sub-contractor reliable and safe? What is their regulatory record like? Does the company have proper loading procedures to ensure that its vehicles aren’t overweight?
4. Disciplinary issues
Does the company actually take road traffic offences seriously? Do certain motoring offences constitute gross misconduct? Are the consequences of breach set out in a company’s disciplinary manual? Are the company’s systems and procedures set up so that they would withstand the scrutiny of a court or regulatory inquiry?
5. Corporate manslaughter
The test of liability rests upon a company’s systems and procedures. If these fall well below what is required, liability may ensue. One nasty accident and the authorities will want to check everything. The writer was involved in a case where a road sweeping vehicle was in a head-on collision with a family car, killing the occupants. The driver of the road sweeper was in breach of driving hours legislation and was being paid to work longer hours. An ABS fault on the vehicle had been reported but not rectified. The result was a number of prosecutions involving lengthy imprisonment for those at fault, including senior management.
6. Record-keeping
From tachometers to licences, from maintenance records to subcontractors, loading to personnel – record-keeping is an essential tool in protecting against liability, minimising claims and checking business performance. And it can make the difference between liberty and incarceration. The writer defended a delivery van driver last year whose vehicle had veered into the opposite carriageway, killing the occupant of an oncoming car. The company had kept maintenance records indicating a fault with the engine cutting out which enabled testing to be done showing the effect on the vehicle’s steering. As a result, the jury accepted a mechanical defect was at fault, and not the driver.
