Your Duty of Care
This year will see further developments when it comes to the health and safety of employees who drive for business.
Corporate Manslaughter Bill
This bill is due to pass into law later this year. It promises unlimited fines and potentially imprisonment for senior management if, in the case of a fatality or major incident, a company is shown to have failed to keep its drivers safe.
This legislation will streamline the process of prosecuting companies found to be responsible for an incident in which lives were lost. It is vital to remember that corporate responsibility extends to all road journeys undertaken for business, no matter how the vehicle is owned.
Using Mobile Phones
From 27th February the penalty for using a hand-held phone whilst driving increased from £30 to £60 and three penalty points on the licence. Drivers can also be prosecuted for using a hands-free device, with the same higher penalties, if they are not in full control of their vehicle at the time.
Most importantly for fleets, employers will be prosecuted if they require employees to make or receive mobile calls while driving. It is an offence to cause or permit the use of a hand-held mobile phone when driving or to cause or permit a driver not to have full control of a vehicle.
Speed Limiters
From January 1st 2007, any goods vehicle registered between October 1st 2001 and December 31st 2004 and weighing over 3.5 tonnes maximum gross weight and all passenger vehicles with nine or more passenger seats (e.g. large vans, minibuses etc.) are required to have speed limiters and are also not permitted to use the outside lane of a three (or more) lane motorway. For such vehicles registered after January 1st 2005, these rules will come into force from January 1st 2008.
This latest round of legislation underlines how seriously the government is taking road safety - and how vital it is that companies with fleets do everything possible to protect themselves.
This is a particular issue for smaller and medium-sized firms, where there may not be a fleet manager to look after these issues. However, the law applies to them just as closely and it could be the finance or managing director who find themselves under police scrutiny in the aftermath of a fatal accident.
These are not issues to be taken lightly. Ensure you are not at risk of prosecution by speaking to us. You'll find out how we can help you to manage and control these important new requirements to keep your drivers safe at all times.
Steve Lambert
