Company cars and Corporate Manslaughter

THE legislation governing company cars and corporate manslaughter law changed on 6 April 2008.

The new law is the Corporate Manslaughter and Corporate Homicide Act 2007.

The new corporate manslaughter act makes it easier to prosecute companies and organisations when a gross corporate failure in health and safety causes death – which includes the running of company cars, and those who run their private cars on business.

The corporate manslaughter act covers failures in the “management” of health and safety, not just health and safety violations.

It applies to all companies, including the smallest start-up enterprise, but not individuals.

However, the 2007 act works alongside older legislation, which makes provision for prosecuting directors and senior managers in exceptional circumstances.

Under the 2007 act, guilty corporations face an unlimited fine. So it’s essential that you have sufficient safeguards in place to make sure you have fully met the health and safety obligations towards your employees – and that includes everyone who drives on business, not just company vehicle drivers.

Colin Tourick of fleet management consultancy Colin Tourick & Associates sounds a warning: “One of my clients controls the risks well among its company car drivers and staff who take a cash allowance. It ensures both groups have up-to-date driving licences, all the cars are insured, regularly serviced, have MoTs and so on.