Penalties for non-compliance
Line managers and company directors can be charged even when
they are not directly responsible for the offence. The
Government has recommended that reckless driving should
attract the same penalty as at present for manslaughter. Not
only could businesses, directors and managers face criminal
prosecutions in the event of an employee being involved in a
road traffic accident, but there are increasing warnings
that civil proceedings could be instigated by employees
disgruntled at the work load, unsuitable vehicle condition
and lack of care shown towards them by employers.
Failure to comply with the regulations could lead to a
criminal prosecution and/or an unlimited financial
penalty based on company turnover. In many cases this
could bring a company down.
Serious accidents are always covered by the local - and
sometimes the national - press. Breaches of Health and Safety
regulations by local firms are also considered ‘news
worthy’. Negative publicity like this will damage your
company and its image.
An employee driving his own vehicle
struck and killed a pedestrian on a pelican crossing after
falling asleep at the wheel. Although driving on company
business, the employee had failed to take out business
insurance cover, and the employer had no procedures to check
The employee was jailed for three years and banned from
driving for 10 years.
The Sales Manager, Fleet Manager, and Managing Director,
were also prosecuted for failures in policies and procedure.