|Health and Safety
Executive Legislation can be
broken down into three parts:
|1. The Driver
|This means anyone driving on
company business, regardless of who owns the vehicle.
It includes all staff who need to drive as part of their work -
staff who drive as a job and those who drive
occasionally or for short distances e.g. travelling to and
from meetings, site visits and travelling to and from home
to a non-permanent place of work.
It also includes people who you ask to do you favours.
For example a member of your staff or your family or friend
who you ask to drop off the post on their way home,
collecting a parcel on their way to work, running an errand
whilst they’re out shopping. All of these activities
constitute driving on business and come under the remit of
the new legislation.
Anyone you require to drive on behalf of your company
needs documented evidence of the following.
Drivers' Responsibilities and Obligations
• Their Motor Insurance must include insurance for the
correct class of business use
• They must hold a current driving licence for the correct
• They must inform you of medical issues, including details
of medication prescribed by their GP etc.
• Their vehicle must have been serviced and maintained to
the manufacturer's schedule
• Tyres – tread depths must be within legal limits
• MoT – A current MoT test must be passed and certificate
issued if required
Every driver needs to have a copy of your company’s Drivers
Handbook and to have read and understood it.
|2. The Vehicle
|What constitutes a business
We can immediately think of company cars, vans, trucks etc
but it also includes mini-buses, motorbikes and any other
vehicle used on the road. Anyone who uses
their own vehicle on your business – however trivial – falls
under the jurisdiction of the legislation.
• The Vehicle – condition
Your business is required to keep records of every vehicle
infrequently) on company activities.
Documented evidence is required to show that the following
have been undertaken:
• Routine Servicing - up to manufacturer's standards?
• Maintenance Schedule – has it been serviced on time?
• MoT (if relevant) - is it up to date?
• Tyres – are they within legal tread depths?
• Insurance – is it current and of the right type?
• Suitability of use – is it overloaded?
• Is it the right type of vehicle for the job?
|3. The Journey
|Under the new legislation
what constitutes a journey?
||The more obvious are a journey to:
• A work site
• A client's office
• A customer's home
• A training venue
However, the definition of a business journey can also
• Going to the bank
• Picking up a parcel
• Going to the chip shop
• Taking a colleague to the station
Route Planning Pointers:
• Where possible drivers should use motorways as they are
statistically safer than trunk or minor roads.
• Ensure that the roads selected are suitable for the
vehicle used - Government statistics state that there are at
least three major bridge collisions every day.
• Select the journey bearing in mind the time of day e.g.
avoid schools at start and end of the school day etc
|The Journey – in the event of an accident, investigating
bodies (including police / insurers / HSE) are likely to
look into the following:
• Was a journey risk assessment carried out and was the
• Are you satisfied that drivers were not being put at risk
from fatigue caused by driving excessive distances without a
• Has company policy eliminated the need for long journeys
or reduced them by combining other transport methods e.g.
rail or plane?
• Are drivers allowed to make an overnight stay, rather than
having to complete long journeys at the end of the working
day? Many companies reimburse staff expenses based on the
shortest journey between two points. This clearly
contravenes the legislation.