LEGISLATION

      Every Employer knows that he has duties and responsibilities under the law for the health, safety and well-being of his staff, his customers and the wider public who may come into contact with his business activities. Where driving is concerned as a business activity, the regulations are numerous and ever-changing, and often a source of confusion for employers, employees, and the self-employed.

      Here we give a basic   list of   the many regulations which apply to any business, institution, service, charity or other body which requires persons to drive on its behalf. The self-employed are bound by the same rules, even though they may have no staff. In general the rules apply equally to private vehicles being used for business purposes. Any vehicle in which an employee carries out business is regarded as a place of work.  

      No Company can afford to ignore any legislation, because a company, involved in a serious incident where blame can be attached to one or more of their employees in a vehicle being used for business purposes, will find itself on the receiving end of massive financial penalties for non-compliance, and possibly even prison sentences for negligence or manslaughter.

      Up to a third of all traffic collisions involve somebody who is driving on company business, and despite the recent fall in overall deaths and serious injuries, this proportion has not changed significantly. There are well over 3 million company cars on the road in Britain, with an estimated 5 million 'grey fleet' cars (private cars being used on company business) in addition.

HIGHWAY CODE (2007 Edition)

HIGHWAYS ACT 1835 and 1980

HEALTH AND SAFETY AT WORK ACT 1974

MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1992 (updated 1999)

HEALTH AND SAFETY OFFENCES ACT 2008

PROVISION AND USE OF WORK EQUIPMENT REGULATIONS 1998

EU ROAD TRANSPORT WORKING TIME DIRECTIVE

CORPORATE MANSLAUGHTER AND CORPORATE HOMICIDE ACT 2007

MOTORWAYS TRAFFIC (ENGLAND AND WALES) REGULATIONS 1982 (as amended)

MOTORWAYS TRAFFIC (SCOTLAND) REGULATIONS 1995

MOTOR VEHICLES (DRIVING LICENCES) REGULATIONS 1999

MOTOR VEHICLES (WEARING OF SEAT BELTS) REGULATIONS 1993 (amended 2006)

ROAD TRAFFIC ACTS 1984, 1988   and 1991

ROAD TRAFFIC REGULATION ACT 1984

ROAD SAFETY ACT 2006

ROAD VEHICLES (CONSTRUCTION AND USE) REGULATIONS 1986

          These are just some of the main regulations with which Employers must comply, and there are many others, relating to smoking in vehicles, seat belts, lighting regulations, etc. Contact us if you need assistance or advice and we will be pleased to help. However, should further legal clarification be required, professional legal advice must be taken. Advice provided here is offered in confidence and in good faith, in accordance with current legislation, but no responsibility will be accepted for claims arising from any actions taken as a result.