Drive time

Some three years after it became illegal to drive while using a hand-held mobile phone, February 2007 saw the introduction of a £60 fixed penalty fine and three penalty points for driving while using a phone.

Recent research suggests 21% of all road users disregard the current law on mobile use, so for employers of staff who must drive for work, these new rules should be a wake-up call.

Although, ultimately, any penalty points and fines are borne by the motorist, employers do have a responsibility under health and safety legislation to manage the risks faced by their employees. If use of the office mobile phone contributed to a crash, regulatory authorities could focus on the company. If a road safety policy exists but only lip service is paid to it, a director could face sanctions under section 37 of the Health and Safety at Work Act 1974.

It is worth noting that of the seven successful prosecutions for corporate manslaughter brought to date, three involved vehicles. With the proposed new offence of corporate homicide expected to reach the statute books this year, vehicular safety should be high on the management agenda. But it’s not just about the penalties. Royal Society for the Prevention of Accident statistics indicate 20 people are killed and 220 seriously injured every week in crashes involving someone who was driving, riding or otherwise using the road for work.

According to ROSPA statistics, every week 20 people are killed and 220 seriously injured in crashes involving someone who was driving, riding or otherwise using the road for work

Smart businesses…

• build in rest breaks for car drivers that mirror those required by law for trade vehicle drivers
•  have a declaration on their expenses claim forms that an employee signs to indicate their vehicle is insured for business use
• have a detailed mobile phone policy stating that any calls made to a company mobile should only be taken while a vehicle is stationary, and do not offer hands-free kits
• have a risk assessment for driving at work
• emphasise that train journeys are preferable to car travel
• have adjusted employee contracts to explicitly state that employees will not drive while under the influence of drink or drugs and issue driver’s handbooks
• have systems in place to check MOT, insurance and driving convictions at least annually
•  plan journeys with enough time between calls so salespeople stay within the speed limit
•  request and pay for eyesight checks for employees who regularly commute.

The recent case of Eyres v Atkinson, where an employer encouraged an employee to drive while tired, shows how civil liability can also be a concern. In this case, the employee, who wore no seat belt, had been texting while speeding; he fell asleep and and in the resulting crash suffered injuries rendering him a tetraplegic. Because his employer’s philosophy was “you can sleep when you're dead”, the court found it liable with contributory negligence fixed at 33%.

To add to the mix, the Crown Prosecution Service has just closed consultation on changes to the prosecution of driving offences. It is suggesting it prosecute both a driver and their employer for death by dangerous driving if the employer knew the vehicle was in an obviously dangerous condition; if the employer failed to carry

out appropriate medical checks; and if an employer employed a driver who was not sufficiently qualified or trained to drive the class of vehicle involved. The CPS report is due out this month.