Fleet Driver Trainers
0121 434 5416
Fleet Driver Trainers

About Fleet Driver Trainers

Health and Safety

Legal Obligations

Managing Occupational Road Risk

Risk Assessments

Fuel Economy

Costs Of Road Traffic Collisions

Training and Assessment
Classroom Or Car?

Assessments and Courses

Driver Assessment

Standard 1 Day Course

Supplementary 1 Day Course

Advanced Driving Course

Trainers

Course Fees

Contact Us
Fleet Driver Trainers
About Fleet Driver Trainers
Health and Safety
Legal Obligations
Managing Occupational Road Risk
Risk Assessments
Fuel Economy
Costs of Road Traffic Collisions
Training & Assessment Classroom or Car?
Assessments and Courses
Driver Assessment
Standard 1 Day Course
Supplementary 1 Day Course
Advanced Driving Course
Trainers
Course Fees
Contact Us

Legal Obligations

 

Drivers, Managers, Directors, Business Owners all have legal obligations in relation to the management of occupational road risk.

 

 

The Health and Safety executive summarise the legal responsibilities as follows:-

 

Legal responsibilities of employers

 

Health and safety law states that organisations must:

 

Provide a written health and safety policy

(if they employ five or more people);

 

Assess risks to employees, customers, partners and any other people who could be affected by their activities;

 

Arrange for the effective planning, organisation, control, monitoring and review of preventive and protective measures;

 

Ensure they have access to competent health and safety advice;

 

Consult employees about their risks at work and current preventive and protective measures.

 

Failure to comply with these requirements can have serious consequences – for both organisations and individuals.

 

Sanctions include fines, imprisonment and disqualification.

 

Under the Corporate Manslaughter and Corporate Homicide Act 2007 an offence will be committed where failings by an organisation’s senior management are a substantial element in any gross breach of the duty of care owed to the organisation’s employees or members of the public, which results in death.

The maximum penalty is an unlimited fine and the court can additionally make a publicity order requiring the organisation to publish details of its conviction and fine.

 

Legal liability of individual board members

for health and safety failures

 

If a health and safety offence is committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the organisation, then that person (as

well as the organisation) can be prosecuted under section 37 of the Health and Safety at Work etc Act 1974.

Recent case law has confirmed that directors cannot avoid a charge of neglect under section 37 by arranging their organisation’s business so as to leave them ignorant of circumstances which would trigger their obligation to address health and safety breaches.

Those found guilty are liable for fines and, in some cases, imprisonment. In addition, the Company Directors Disqualification Act 1986, section 2(1), empowers the court to disqualify an individual convicted of an offence in connection with the management of a company.

This includes health and safety offences.

This power is exercised at the discretion of the court; it requires no additional investigation or evidence.

Individual directors are also potentially liable for other related offences, such as the common law offence of gross negligence manslaughter. Under the common law, gross negligence manslaughter is proved when individual officers of a company (directors or business owners) by their own grossly negligent behaviour cause death. This offence is punishable by a maximum of life imprisonment.

Note: equivalent legislation exists in Northern Ireland, ie article 34A of the Health and Safety at Work (Northern Ireland) Order 1978 and article 3(1) of the Company Directors Disqualification (Northern Ireland) Order 2002.

 

 

 

Legislation that can be relevant to anyone driving in connection with work includes:-

 

Health and Safety at Work Act 1974

 

Employers have a ‘duty of care’ for the safety of employees at work, regardless of the type or size of the business.

There is also a duty of care to others who may be affected by their business activities, which, in the case of driving, means all other road users.

 

Management of Health and Safety at Work Regulations 1999

Employers are required to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.

 

The Workplace (Health, Safety and Welfare) Regulations 1992

 

These Regulations cover a wide range of basic health, safety and welfare issues including traffic routes for vehicles within the workplace.

 

Road Traffic Acts supported by the Highway Code

 

The Highway Code applies to all road users and includes information on signs and markings, road users, the law and driving penalties.

It is an offence for an organisation to set driver schedules which may cause them to break speed limits and / or have payment reward schemes which in any way incentivise them to do so.

 

EC Drivers’ Hours Rules

UK Domestic Drivers’ Hours Rules

Tachograph Regulations

The Road Transport (Working Times) Regulations 2005

 

It is the driver’s and employer’s responsibility to ensure compliance with drivers’ hours and Tachograph Regulations. They are applicable to goods vehicles in excess of 3.5 tonnes. Tachographs must be used to record hours of driving, other work, breaks and rest periods. Additional information can be found on the Department for Transport (DfT) website.

 

 

The Road Vehicles (Construction and Use) Regulations 1996

 

Provides information regarding the safety of loads on vehicles.

 

Corporate Manslaughter and Corporate Homicide Act 2007

 

The Act introduces an important new option for certain very serious senior management failures which result in fatality. Prosecutions will be of the corporate body, not individuals, but the ability to prosecute directors or other individuals under health and safety law or the general criminal law, in appropriate cases, will be unaffected. The corporate body itself and individuals can also still be prosecuted for separate health and safety offences.