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Summary
Why the new interpretation of the
legislation?
Your Business and the LAW
The Penalties for non-compliance
Will this affect my business
Health and Safety Legislation
Organisation
The Benefits of Road Safety
Conclusion
 
 
Members Benefits

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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 vehicle type

• 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 vehicle?

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 used (however 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 include:

• 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 journey necessary?

• Are you satisfied that drivers were not being put at risk from fatigue caused by driving excessive distances without a break?

• 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.

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If they're driving for you, they're your responsibility