POSTILLION Management Bulletin - Company Drivers

Since the rail tragedies of Paddington and Potters Bar, the legal position on Corporate Responsibility for actions of employees has been strengthened both by changes in the law and in the application of the law. As a result, the Board of Directors, and the Managing Director of a company can be considered in law to be personally liable for the consequences of actions by their employees while going about their duties.

This was initially applied to errors of judgement by Train drivers, and then by Track Maintenance staff. One consequence of this widening of the application of the law is that it can now be applied on Public Roads. If an Employer cannot show that he has taken adequate steps to ensure his employees are competent to drive safely, the Company Directors can be held corporately liable for the consequences when an employee has a Road Traffic Accident where they or a third party is seriously injured or killed. The results can include fines, or even imprisonment.

The key issues here are Training, Monitoring and Records. Employers should ask to see a Driving Licence, confirm their eyesight meets the regulation standard, and check out a driver’s record before they send him (or her) out onto the street in a car or van. Even with an apparently clean driving licence, it is important to ensure the ongoing competence of your drivers, and put into place policies such as not driving while tired, excessively stressed, or when using Mobile Communications devices. These policies may not only keep your drivers and directors out of court, they may even save you money on Insurance claims!

For further information on this or any other related issue, contact us by reply to this E-Mail, or check out www.chilterndrivertraining.co.uk

Bill Jones
POSTILLION Business Management Support
Tel: 01494 451239
Independent Advice and Support
Executive Associate, Institute for Independent Business