Beware: an employee's driving could put you in court

• Beware: an employee's driving could put you in court
  
  Employers must ensure that drivers are fit and entitled to drive or run the risk of prosecution
  
  Businesses that employ drivers must regularly check their employees' entitlement and fitness to drive, as a recent case against a fleet operator highlights the risks, with it's managing director now facing personal prosecution.
  
  With an average 214,500 driving disqualifications per year, those responsible for licence checking such as HR and fleet managers of companies should be aware that failure to conduct adequate licence checks could easily leave them facing liability.
  
  After an employee was arrested for drink driving over the Christmas period, a case was brought against the Managing Director of Stoneforce Limited. The employee had failed to report to his employer that he was already disqualified from an earlier conviction and had continued to drive until stopped by the Police.
  
  It is an offence for an employer to cause or permit an employee to drive without a valid licence. The liability is personal and rests with individuals, not companies, in cases that go before a court. Under current legislation, companies and managers are responsible not only for the fitness and suitability of their company vehicles but also that of the men and women who drive them. Those who only drive sporadically may be more of a concern because they have less experience of business motoring.
  
  
  Under current legislation, companies and managers are responsible not only for the fitness and suitability of their company vehicles but also that of the men and women who drive them
  
  In the event of an accident during a business trip, if the employee is found to be at fault, his or her company can be held liable and could face civil and even criminal prosecution. That means the possibility of significant fines or even custodial sentences for company directors."
  
  As well as ensuring all employees are entitled to drive all fleets should develop a checklist to determine the health and safety risk of each driver. The booklet 'Driving At Work: Managing Road-Related Road Safety', produced by the Health and Safety Executive, the Department for Transport and Think! Road Safety is a good place to start. However, there are also other basic checks that concerned bosses can make:
  
  Check that all employees that drive for your company have a valid driving licence
  
  Ensure that all company drivers are aware of your health and safety policy
  
  Is there anything in an employee’s history that suggests that he or she would benefit from either attitudinal or on the road driver training or both?
  
  Does he or she know how to carry out routine car safety checks (lights, tyres, washer fluid levels, ABS)?
  
  Is the employee aware of what to do in the event of a breakdown or accident?
  
  Is the employee fully aware of company policy regarding mobile phone use in the car?
  
  Does anything in the employee's medical history affect their ability to drive on business?
  
  Are they taking any medicine that could also do so?
  
  Does their eyesight satisfy the requirements of the Highway Code?