Mark Sinclair, director of Alphabet, explains who’s in the frame for breaking the law when driving at work. Imagine that one of your drivers is pulled over by the police. Who goes to court if something is amiss?
That’s a good question. Legally, any vehicle becomes a ‘workplace’ when being used on business. This is true, whether it is the driver’s own car or a company vehicle.
That makes it subject to workplace laws such as the Health and Safety at Work Act. Or even the new Corporate Manslaughter Act.
If those rules are broken – for instance, if a driver crashes because they are expected to drive excessive hours – the company or one of its directors could end up in the dock.
Moving traffic offences, on the other hand, are usually the driver’s responsibility. Speeding, careless driving and using a hand-held mobile phone are some of the actions for which the driver will be penalised.
Penalty notices for speed camera offences go out to the registered keeper of the vehicle. If it is a leasing company, they will pass it on to the customer – along with a handling charge that most firms expect the driver to pay as well as the fine.
The same goes for unpaid congestion charges and parking fines. New parking rules introduced on 31 March 2008 allow councils to prosecute illegal parking using CCTV images.
Some parking offences, such as leaving a car on a pedestrian crossing, are a police matter. Drivers may end up in court – and even go to jail.
A driver’s checklist
- Know your employer’s health and safety policies
- If you provide insurance, it must cover you on business
- Check your tyres, lights, wipers and windscreen every day
- Maintain your vehicle according to its service schedule
- On long journeys, take a 15-minute break after every two hours
- Never use a hand held mobile phone when driving…
- …If you can, “switch off before you drive off”
- Never drink and drive
- Keep the rules of the road in mind when you are at the wheel
- Drive safely!
Further information
- Driving laws change regularly. To keep drivers up to date, Alphabet has produced a guide called Road Traffic Law and Driving for Work. For a free copy, call 0870 50 50 100
- For more detail on some of these areas discussed here, visit our Law & Tax section
