Using Privately-Owned Cars for Work

In an increasingly mobile world, more and more people are using cars to travel for business purposes. For many, driving is the most dangerous work activity that they do, particularly as current research shows that 20 people are killed and 220 seriously injured every week in crashes involving someone who was driving for work purposes.

Like it or not, employers owe the same duty of care to staff that drive their own vehicles for work purposes as they do to employees who drive company owned, leased or hired vehicles. Health and Safety law applies to on-the-road work
activities as to all work activities, and the risks must be effectively managed within a Health and Safety system.

So, what does this mean? Well, for occupational driving, employers must conduct a suitable risk assessment and put in place all 'reasonably practicable' measures to ensure that ALL work related journeys are safe, that their employees are fit and competent to drive safely, and the vehicles used are fit for purpose and in a safe condition.

To achieve this, employers need to have procedures in place to ensure that all vehicles (irrespective of who owns them) that are used for work purposes conform to road traffic law, are safe and properly maintained, and are fit for purpose. It is relatively simple to do this for company owned or leased vehicles, but it can be more complicated when employees use their own vehicles for work. When setting a company policy and use of private car policy, establish in consultation with your staff, minimum conditions of use, and ensure a written agreement is made with each individual who will be using their own vehicle. For example, drivers must:

• Ensure the vehicle is properly taxed, has a valid MOT, valid insurance for business use and is serviced according to the manufacturer's recommendations.
• Be able to produce on request, and at specified intervals documentary proof of the above.
• Agree to conduct regular vehicle safety checks and pre-drive safety checks.
• Not carry loads for which the vehicle is unsuited - a car is not a van!
• Only carry the number of passengers for whom there are seat belts.

Once a signed agreement has been made, ensure staff are given written copies of clear rules concerning driving on company business. This should include the overall policy on work related road safety, and the fact that even if they are driving their own vehicle, they are on company business and must comply with the company's rules and procedures.

Once a policy and procedure is in place, it is then necessary to determine what document checks and other actions are
required to ensure that staff are complying with the policy on using their own vehicles. This is not a case of ‘big brother,’ but good sensible management to ensure 'reasonably practicable' measures are taken to ensure safety. For the larger  employer, the administrative burden of obtaining and checking copies of all driving licenses, MOT, insurance, vehicle registration and servicing documents annually could be disproportionate to the level of driving risk involved.
Nevertheless, employers should be able to conduct spot checks on these documents and staff should be required to co-operate. For most small to medium sized employers, checking the documentation should not be too great a task, particularly if the administration is spread over a 12 month period. The relevant documents to confirm are:

• MOT Certificate.
• Servicing records.
• Insurance - including cover for business use.
• Registration document.
• Vehicle Excise.

Whatever policy is adopted, it needs not be draconian or create an unacceptable administrative burden. It must be a reasonably practical approach in order to minimise the risks and to address Health and Safety responsibility.