Policy Statement
This policy outlines PCE Automations commitment to ensuring the safety and wellbeing of all employees who drive for work purposes, in compliance with all relevant UK and Republic of Ireland legislation. The company recognises its duty of care under the Health and Safety at Work Act 1974 (UK) and the Safety, Health and Welfare at Work Act 2005 (ROI), and aims to manage the risks associated with work-related driving to protect employees, the public, and the company from accidents, injuries, and damage.
This policy applies to all employees who drive as part of their job, whether in company vehicles, rental vehicles, or their own private vehicles when used for work purposes. It covers driving within the UK, Republic of Ireland, and cross-border within the EU, where applicable.
Policy Commitment
The company is fully committed to ensuring that all employees who drive for work purposes:
- Drive Safely and Responsibly:
All employees must operate vehicles in accordance with legal and safe driving standards, ensuring that they do not engage in any activities while driving that could distract them or impair their ability to drive, including but not limited to using mobile phones or driving under the influence of alcohol or drugs.
- Follow Legal Requirements:
Employees are required to comply with all relevant driving laws in the UK and the Republic of Ireland, including but not limited to:
- The Road Traffic Act 1988 (UK) and Road Traffic (Traffic and Transport) Act 2006 (ROI), covering rules for driving licences, vehicle safety, and road traffic offences.
- The Road Safety Act 2006 (UK), concerning drivers’ hours and records.
- The Health and Safety at Work Act 1974 (UK) and Safety, Health and Welfare at Work Act 2005 (ROI), which place a responsibility on employers to ensure the health and safety of their employees while driving for work purposes.
- EU Drivers’ Hours and Working Time Regulations (for UK and ROI), which govern the amount of time employees are permitted to drive each day, as well as requirements for rest breaks and working hours.
- Vehicle Maintenance and Safety:
Employees are responsible for ensuring that vehicles are properly maintained and meet legal standards. This includes:
- Routine vehicle inspections and ensuring vehicles are serviced in line with manufacturer recommendations.
- Checking that the vehicle has all required safety equipment (e.g., tyre tread, brakes, lights, etc.).
- In the UK, ensuring that all vehicles are registered with the Driver and Vehicle Licensing Agency (DVLA) and have valid MOT certificates (if applicable).
- In ROI, vehicles must be roadworthy and have a valid National Car Test (NCT) certificate (for vehicles over four years old).
- Driver Licensing and Qualifications:
Employees must hold a valid driving licence appropriate to the type of vehicle they are driving. The company will carry out regular checks to verify the validity of licences to ensure that employees are legally permitted to drive company or work-related vehicles. Any employee who has their driving licence suspended or revoked is required to immediately inform the company and cease driving for work purposes until they are legally entitled to drive again.
- Fitness to Drive:
Employees must be fit to drive at all times and should not drive if their ability is impaired by fatigue, illness, medication, alcohol, or drugs. The company will:
- Regularly assess employee fitness to drive where necessary, including for conditions like sleep apnoea, epilepsy, or any other condition that may impair driving.
- Provide employees with guidance on maintaining safe driving practices, such as taking regular breaks during long journeys to avoid fatigue.
- Accident Reporting:
Employees must report all accidents, whether minor or serious, that occur during work-related driving immediately to their manager. This includes:
- Providing full details of the incident, including the location, time, parties involved, and a description of the incident.
- Completing any required insurance or legal documentation promptly.
- Cooperating with the company and any regulatory authorities as part of the accident investigation process.
- Mobile Phones and In-Vehicle Distractions:
The use of mobile phones or other devices that cause distractions while driving is strictly prohibited, unless a hands-free system is in place and used in accordance with the law. Employees must ensure that they do not use phones or engage in other distracting activities while driving for work purposes.
- Journey Planning and Working Hours:
Employees must ensure that work-related journeys are properly planned to allow for safe and efficient travel. This includes:
- Taking into account distance, travel time, and rest periods in compliance with Working Time Regulations.
- Avoiding long hours of continuous driving without adequate breaks, in line with the EU drivers’ hours regulations for commercial drivers or the company’s internal guidance.
- Alcohol, Drugs, and Substance Abuse:
The consumption of alcohol or drugs (prescription or recreational) is strictly prohibited before or during driving for work purposes. The company may conduct random or targeted drug and alcohol tests in compliance with relevant laws, and any employee found to be under the influence of alcohol or drugs will face disciplinary action.
- Insurance and Liability:
The company will ensure that all work-related vehicles are insured under appropriate policies. Employees are also required to notify the company if they use their personal vehicles for work purposes, to ensure they have appropriate insurance cover. This includes ensuring that private vehicle insurance covers business use.
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Non Compliance
Non-compliance with this Driving for Work policy is a serious matter and may result in disciplinary action, depending on the severity and frequency of the offence. Compliance with this policy is not only a requirement set forth by the organisation, but also a legal obligation under both UK and Republic of Ireland (ROI) legislation. Failure to adhere to the guidelines outlined in this policy can result in significant risks to safety, legal implications, and operational efficiency.
Relevant Legislation:
- Health and Safety at Work Act 1974 (UK) – Employers are required to ensure, as far as is reasonably practicable, the health, safety, and welfare of all employees. This includes ensuring that driving for work is conducted safely, and employees comply with laws governing the use of vehicles in the course of their duties.
- Road Traffic Act 1988 (UK) – This act includes provisions relating to the driving of vehicles, licensing, insurance, and the rules of the road. Non-compliance with any aspect of this law (e.g., driving without a valid licence or insurance, or failing to comply with speed limits) may lead to criminal charges.
- Workplace Health and Safety (Road Traffic Safety) Regulations 2012 (ROI) – These regulations aim to ensure the safety of employees who drive as part of their work, covering aspects such as vehicle maintenance, driver competency, and compliance with road safety laws.
- Road Traffic Act 1961 (ROI) – This legislation governs road traffic offences, including the need for a valid driving licence, roadworthiness of vehicles, and compliance with road traffic laws. Failing to adhere to these laws could lead to penalties or criminal prosecution for both the driver and the employer.
Types of Non-Compliance:
- Failure to Maintain Valid Driver’s Licence
Employees must ensure that their driver’s licence is valid and appropriate for the type of vehicle they are operating for work purposes. Driving with an expired, invalid, or inappropriate licence constitutes a breach of both this policy and the law. In the event of any changes to the status of an employee’s licence (e.g., points accumulation, disqualification), the employee must immediately inform their line manager and cease driving for work until the matter is resolved.
- Failure to Carry Out Pre-Drive Vehicle Inspections
Employees must conduct basic vehicle checks before starting any work-related journey, such as ensuring tyres are inflated, checking oil and water levels, and ensuring that the vehicle’s lights, brakes, and safety features are in proper working order. A failure to do so may result in unsafe driving conditions, potentially causing accidents or legal breaches.
- Non-Compliance with Working Time Regulations
The Working Time Regulations 1998 (UK) stipulate that drivers must not exceed maximum driving hours and must take appropriate rest breaks. Employees must comply with these regulations to avoid fatigue-related incidents. Failure to adhere to these limits can lead to legal and health risks.
- Driving Under the Influence of Alcohol or Drugs
Any employee found to be driving under the influence of alcohol or drugs (prescription, over-the-counter, or illegal substances) will be in breach of both company policy and UK/ROI road traffic laws. This is a serious offence that carries severe penalties, including dismissal from employment, as well as potential criminal charges.
- Failure to Use Seatbelts and Safety Equipment
Employees are required to wear seatbelts and use any additional safety equipment as specified by the manufacturer (e.g., helmets for certain vehicles). Non-compliance with this requirement increases the risk of injury in the event of an accident and is a violation of both company policy and road safety laws.
- Failure to Follow Traffic Laws
Employees must comply with all relevant traffic laws while driving for work. This includes adhering to speed limits, traffic signals, parking regulations, and ensuring the vehicle is roadworthy at all times. Breaches of traffic laws could result in penalties for the employee and potentially for the employer, depending on the circumstances.
Consequences of Non-Compliance:
Non-compliance with this policy can have serious consequences, including:
- Disciplinary Action
Depending on the nature and frequency of the non-compliance, the employee may face disciplinary measures, ranging from verbal or written warnings to suspension or termination of employment.
- Legal Action
In cases of serious violations, such as driving under the influence or committing a road traffic offence, employees may face legal proceedings, including fines, licence endorsements, or imprisonment. In some cases, the employer may also be held liable if it is found that the non-compliance occurred due to the employer’s failure to enforce legal obligations.
- Insurance Consequences
Non-compliance may also result in the invalidation of insurance cover, especially in cases where the driver is found to be unqualified or the vehicle is not roadworthy. This could lead to the employer being liable for any damages caused by the incident, and in some cases, insurance premiums could increase for the organisation.
- Increased Safety Risks
Non-compliance can increase the likelihood of accidents, injuries, or fatalities while driving for work. This not only impacts the individual driver but also other road users, making the organisation liable for damages or legal repercussions in the event of an accident.
Preventative Measures:
To avoid non-compliance, the organisation will take the following measures:
- Driver Training and Education
All employees who drive for work purposes will undergo appropriate driver training, which includes safe driving techniques, the legal requirements of driving, and the consequences of non-compliance.
- Regular Audits and Monitoring
The organisation will periodically review driving records, licences, and the condition of vehicles to ensure compliance with this policy and applicable legislation.
- Encouraging Reporting
Employees are encouraged to report any potential non-compliance, either by themselves or their colleagues, so that any corrective action can be taken promptly.
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Policy Monitoring
This policy was last reviewed on 06/11/2024 by Shaun Wigley.
As part of our commitment to road safety, compliance with traffic laws, and the welfare of employees while driving for work, PCE Automation implements a range of monitoring practices in accordance with UK and ROI legislation, including the Road Traffic Act 1988 (UK) and the Road Traffic Act 1961 (ROI), as well as regulations under The Health and Safety at Work Act 1974 (UK) and The Safety, Health and Welfare at Work Act 2005 (ROI). These measures help ensure that all employees are operating vehicles safely, efficiently, and legally during working hours.
Vehicle and Driver Monitoring
PCE Automation reserves the right to monitor employees’ driving behaviour for the purpose of enhancing safety, compliance, and efficiency. The following monitoring methods may be utilised:
- GPS Tracking: Vehicles may be fitted with GPS tracking systems to record route, speed, and location. This data is primarily used to ensure that drivers follow the safest and most efficient routes, while also complying with speed limits and other traffic regulations.
- Data collected will be used in accordance with the Data Protection Act 2018 (UK) and the General Data Protection Regulation (GDPR), ensuring transparency about how data is stored, accessed, and used.
- Telematics: Telematics devices may be installed in vehicles to record driving behaviours, such as speed, braking, cornering, and fuel consumption. This data may be reviewed to help identify areas for improvement in driving skills and provide targeted training.
- These systems will also provide real-time feedback to drivers, reinforcing safe driving habits and highlighting risky behaviours that may require intervention or retraining.
- Driver Performance Reviews: Regular assessments of driver performance may be conducted, including the review of GPS and telematics data, as well as feedback from customers or other staff members. This process helps identify drivers who may require additional training or coaching, contributing to improved road safety and efficiency.
Compliance with Legislation
Monitoring practices will also ensure compliance with applicable driving laws:
- Driving Hours and Rest Periods: Monitoring tools will ensure that drivers comply with the Road Transport (Working Time) Regulations 2005 (UK) and the European Union (Road Transport) (Driving Hours) Regulations 2010. These laws set limits on daily and weekly driving hours and mandatory rest breaks. In the ROI, the European Union (Working Time) Regulations also govern the working hours of drivers.
- Compliance will be monitored to avoid driver fatigue, which is a major contributing factor to road accidents.
- Vehicle Inspections and Maintenance: Regular vehicle checks and inspections will be tracked to ensure that all company vehicles are roadworthy and meet safety standards outlined in both UK and ROI legislation. Vehicles will be subject to routine checks as per the Vehicle and Operator Services Agency (VOSA) guidelines (UK) and the Road Safety Authority (RSA) standards (ROI).
Data Privacy and Confidentiality
We acknowledge that the monitoring of vehicles and drivers involves the collection of personal data, and we are committed to ensuring that this data is handled in a way that respects the privacy of all employees. The data collected through GPS tracking, telematics, and performance reviews will only be used for the purpose of ensuring safe and legal driving practices.
Employees will be made aware of the monitoring systems in place, and their rights regarding access to their data will be upheld in line with the Data Protection Act 2018 (UK) and General Data Protection Regulation (GDPR). In the ROI, personal data will be handled in accordance with the Data Protection Act 2018 (ROI) and GDPR. Any concerns regarding the use of monitoring data can be addressed to the company’s Data Protection Officer.
Feedback and Corrective Action
Where concerns regarding driving performance or safety are identified through monitoring data, appropriate corrective actions will be taken. These may include:
- Coaching or Training: Drivers demonstrating unsafe behaviours or non-compliance with regulations may be required to complete further training sessions on topics such as safe driving, fatigue management, or vehicle maintenance.
- Progressive Disciplinary Measures: In cases of repeated breaches of company policy or legal requirements, progressive disciplinary action may be taken, which could include warnings, suspension, or in extreme cases, termination of employment.
Employee Involvement and Transparency
It is our policy to involve employees in the monitoring process to ensure a collaborative approach to driving for work safety. Employees will be provided with information on:
- How their driving performance will be monitored.
- The purpose of the monitoring and how the data will be used.
- Their right to access and review data about their own driving performance.
Employees will be given the opportunity to raise concerns about the monitoring systems or their driving records and to take part in any corrective action or training where necessary.
Periodic Audits and Review of Monitoring Systems
To ensure that monitoring practices remain relevant and effective, PCE Automation will periodically audit and review its monitoring systems, practices, and policies. This review will also ensure compliance with any updates to legislation in both the UK and ROI.
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The Driver
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Driving Licence Checks
The Road Traffic Act 1988 & Road Traffic and Roads Act 2023 states that as well as it being an offence for a driver to drive without a valid licence, it is also an offence for a person or organisation to permit a driver to drive without a valid licence. All employees who are engaged in work-related driving must:
- be holders of a full current driving licence, valid in the UK/ROI, for the category of vehicle which they are driving (including automatic or manual).
- notify their line manager immediately if their licence has expired, been suspended, revoked, or cancelled, or has had any limitation placed upon it.
- notify their employer immediately of any driving endorsements or prosecutions, including any that are accrued while driving a private vehicle, as this could affect any relevant insurance policies in place.
- notify the DVLA/NDLS immediately of any changes to their name or address.
- allow their licence to be checked on a regular basis.
PCE Automation will carry out checks of driving licences for all employers who are required to drive on company business. Employees are required to provide details to facilitate the checking of their driving licence against the DVLA (UK) & NDLS (ROI) database.
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Fitness To Drive
A person’s fitness to drive can be affected by a medical condition, by temporary illness and by the environment in which they work, drive and live. Health impairments – including stress, sleep disturbance, migraine, flu, severe colds, hay fever – can lead to unsafe driving. Sometimes, the treatment for these conditions can also impair driving. Employees must ensure they are fit to drive before embarking on any work journey.
PCE has a duty to ensure that staff are fit for work, including driving, and where necessary to arrange for periodic health surveillance.
Drivers are also responsible for ensuring that they do not drive when they are not fit to do so, and that they report any condition that affects their ability to drive safely to their employer, and if necessary to the DVLA/NDLS
Pregnancy is not a form of ill health and should never be regarded as such. However, the Management of Health and Safety at Work Regulations require employers to conduct a risk assessment of the work to be carried out by a member of staff who is pregnant. Some women can experience health problems during pregnancy.
It is important that women who are pregnant wear their seat belt correctly. Pregnancy does not automatically exempt women from the requirement to wear a seatbelt. A doctor will only issue a ‘Certificate of Exemption ’if there is a medical reason for not using a seatbelt.
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Eyesight
Employees driving for work are required to meet the minimum eyesight standards which involve being able to read an unfamiliar number plate from a distance of 20 metres (about 5 car lengths). Failure will result in the employee being stopped from driving on company business until they can demonstrate they meet the required minimum standard.
Eyesight Requirements for Driving for Work (UK & ROI)
To ensure the safety of all employees and compliance with UK and ROI legislation, all employees who are required to drive as part of their job must meet specific eyesight standards. These standards are established by the UK’s Driver and Vehicle Licensing Agency (DVLA) and the Road Safety Authority (RSA) in the Republic of Ireland (ROI), aimed at ensuring that drivers have the necessary visual acuity and field of vision to drive safely.
Initial Vision Assessment
Before being permitted to drive for work, employees must undergo an eyesight assessment to confirm they meet minimum standards. This assessment can be conducted by an optometrist or other authorised eye care professional.
Employees must be able to read a vehicle registration plate from 20 metres (UK) or 20.5 metres (ROI) in good daylight conditions, using corrective lenses if necessary.
Any employee who requires corrective lenses to meet this standard must wear them at all times when driving for work purposes.
Legal Visual Acuity and Field of Vision Standards
- Visual Acuity: Drivers must have a visual acuity of at least 0.5 (6/12) on the Snellen scale, with corrective lenses if necessary, in their better eye when tested with both eyes open.
- Field of Vision: Employees must have a wide field of vision, including peripheral vision, to ensure they are aware of hazards and other vehicles at all times. Any significant visual field defect may disqualify an employee from driving for work.
- Additional Requirements for Lorry, Bus, and Coach Drivers: Employees driving larger vehicles or those carrying passengers must meet stricter standards, including higher visual acuity (e.g., minimum 0.8 in the better eye and 0.1 in the other eye with corrective lenses) and an extensive field of vision.
Ongoing Monitoring and Self-Declaration
- Regular Checks: Employees are required to undertake regular eyesight checks, ideally every two years or as recommended by an eye care professional. Those over the age of 45 should consider more frequent assessments due to the natural decline in visual ability with age.
- Self-Declaration: Employees must declare any changes to their eyesight that could affect their ability to drive safely. This includes any diagnosed conditions that may impact vision, such as glaucoma, cataracts, or diabetic retinopathy.
- Immediate Reporting of Changes: Should an employee notice any deterioration in vision, they must immediately report it to their line manager and refrain from driving for work until further assessment and authorisation are obtained.
Requirements for Prescription Glasses or Contact Lenses
- Mandatory Use of Corrective Lenses: If employees need corrective lenses to meet the eyesight standard, they must wear them whenever driving for work.
- Spare Glasses: It is recommended that employees who wear glasses have a spare pair in the vehicle when driving for work, especially for long journeys.
- Sunglasses and Anti-Glare Measures: Employees should also consider using sunglasses or other anti-glare eyewear in bright conditions to prevent reduced visibility caused by glare.
Medical and Vision Conditions
- Regular Health Checks: Employees with certain medical conditions, such as diabetes, must have their eyesight regularly monitored by a healthcare professional due to the increased risk of vision impairment.
- Reporting Notifiable Conditions: Under DVLA and RSA regulations, employees must inform the relevant licensing authority if they are diagnosed with a condition that could affect their driving. This includes conditions like epilepsy, stroke, or certain eye diseases.
- Temporary Conditions: For temporary conditions affecting eyesight, such as eye surgery or a short-term injury, employees must avoid driving until cleared by an eye care professional.
Employer Responsibilities
- Education and Awareness: The company will provide educational resources to ensure employees are aware of eyesight requirements, the importance of regular check-ups, and the steps to take if their vision changes.
- Record-Keeping: Documentation of employees’ eyesight assessments and self-declarations will be kept on record. These records are kept in accordance with data protection legislation and are accessible only to authorised personnel.
- Periodic Vision Assessments: The company may periodically organise vision assessments for employees who drive as part of their role to proactively address any potential issues.
Consequences of Non-Compliance
- Employees who fail to meet the legal eyesight requirements or who drive without corrective lenses (if required) may be subject to disciplinary action, up to and including termination of their driving responsibilities.
- It is the employee’s responsibility to ensure they are in compliance with all legal eyesight standards.
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Medical Conditions
Employees should only drive when fit to do so. They should report to their manager any new condition, or a change in their health and wellbeing which may affect their ability to drive safely. Employees should make themselves familiar with Notifiable Conditions which must be reported to the DVLA/NDLS
Key Requirements
- Disclosure of Medical Conditions
Employees must disclose any medical condition that may affect their driving abilities. This includes conditions such as epilepsy, diabetes (especially if it involves insulin treatment), cardiovascular conditions, sleep apnoea, visual impairments, and any other conditions that could impact safe driving.
- Duty to Notify Changes in Health
Employees have a responsibility to notify both the company and the relevant licensing authority (DVLA in the UK, RSA in ROI) of any significant changes in their health that may impact their driving. This includes new diagnoses, deterioration of an existing condition, or a change in prescribed medication that might affect alertness, reaction times, or motor skills. Failure to disclose such changes may result in disciplinary action, as it places both the employee and other road users at risk.
- Medical Assessments
The company reserves the right to request a medical assessment if there are concerns about an employee’s fitness to drive due to a health condition. Assessments may be conducted by the employee’s GP or by an occupational health provider.
- The assessment will be confidential and focus solely on determining the employee’s capability to drive safely.
- Employees may be required to undergo periodic medical assessments if their condition could vary or worsen over time.
- Reporting Requirements under UK and ROI Law
- UK (DVLA Requirements): Under the DVLA’s guidelines, drivers must notify the DVLA of any medical conditions that could impair driving ability. The DVLA may review the case, request medical reports, or temporarily suspend a licence if deemed necessary.
- ROI (RSA Requirements): In ROI, drivers are similarly required to inform the RSA of medical conditions that impact driving. The RSA may require a medical report from a GP or a specialist assessment.
- Temporary Medical Conditions
Employees with temporary medical conditions that impact driving—such as recent surgeries, injuries, or short-term medication that can cause drowsiness—must also inform their manager. Temporary restrictions may be applied, such as adjusting work duties or refraining from driving until the condition improves.
- Confidentiality and Non-Discrimination
Information disclosed regarding medical conditions will be treated with strict confidentiality and handled according to GDPR regulations. The company is committed to non-discrimination and will make reasonable adjustments where possible to accommodate employees with medical conditions that affect driving, in line with UK Equality Act 2010 and ROI Employment Equality Act 1998-2015.
Employee Responsibilities
- Honest Disclosure: Employees must be transparent about their medical history and any changes that may impact their driving.
- Prompt Communication: Employees should promptly inform their line manager or HR of any relevant health changes.
- Compliance with Adjustments: Where driving restrictions or adaptations are advised, employees must adhere to these adjustments to ensure safety.
Employer Responsibilities
- Support and Accommodation: The company will provide reasonable support and accommodations to help employees maintain compliance, including scheduling adjustments, access to medical assessments, and modified duties if required.
- Training and Awareness: The company will regularly inform employees about their responsibilities regarding medical conditions and driving regulations to support safe driving practices.
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Impairment
Driving under the influence of drink or drugs is against the law. It is extremely dangerous and can seriously impair judgement and reactions leading to an increased risk of incidents and vehicle collisions.
No employee should attempt to drive whilst impaired or consume alcohol or any unlawful drugs in the workplace during work time or during a period prior to work where they may still be under the influence of alcohol and drugs effects which may carry over to the working hours.
Employees should also be mindful that many prescription medicines can cause drowsiness and affect the ability drive. If you are prescribed any drugs or medication, you should make your doctor aware that your job entails driving and ensure that you are aware of any restrictions on driving that are advised when taking the drugs or medication. Read any notes accompanying such medicines carefully and advise your manager if you think your driving may be affected.
The driver of a vehicle found to be over the drink-drive limit, and/or driving while impaired by drugs, can receive a criminal record, an unlimited fine, imprisonment, and an automatic driving ban. Driving while impaired by drink or drugs will be treated as gross misconduct and dealt with through the normal disciplinary process which could include termination of employment.
It is illegal to drive if either:
- You’re unfit to do so because you’re on legal or illegal drugs
- You have certain levels of illegal drugs in your blood (even if they have not affected,you’re driving)
Legal drugs are prescription or over-the-counter medicines. If you’re taking them and not sure if you should drive, talk to your doctor, pharmacist or healthcare professional. It’s illegal in England, Scotland and Wales to drive with legal drugs in your body if it impairs your driving.
Talk to your doctor about whether you should drive if you’ve been prescribed any of the following drugs:
- amphetamine, for example dexamphetamine or selegiline
- clonazepam
- diazepam
- flunitrazepam
- lorazepam
- methadone
- morphine or opiate and opioid-based drugs, for example codeine, tramadol or fentanyl
- oxazepam
- temazepam
Penalties for drug driving
If you’re convicted of drug driving, you’ll get:
- a minimum 1-year driving ban
- an unlimited fine • up to 6 months in prison
- a criminal record
Your driving licence will also show you’ve been convicted for drug driving. This will last for 11 years.
The penalty for causing death by dangerous driving under the influence of drugs is a prison sentence of up to 14 years.
Be aware that it takes one hour per unit of alcohol for the body to remove alcohol from your system.
You may still be over the limit when you drive.
The legal limit for drivers is 80 milligrammes of alcohol per 100 millitres of blood
35 micrograms per 100 millitres of breath,
or 107 milligrammes per 100 millilitres of urine.
If you’re in charge of a vehicle while above the legal limit, or unfit through drink:
- Up to three months in prison
- A fine of up to £2,500
- A driving ban
If you drive, or attempt to drive while above the limit, or unfit through drink:
- Up to six months in prison
- An unlimited fine
- A driving ban for at least on year (or three years, if convicted twice in 10 years)
If you refuse to provide a specimen of breath, blood or urine for analysis:
- Up to six months in prison
- An unlimited fine
- A driving ban for at least one year
If you cause death by careless driving while under the influence of alcohol:
- Up to 14 years in prison
- An unlimited fine
- A driving ban for at least two years
- An extended driving test before having your license returned
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Fatigue
It is estimated that 20% of road collisions are a result of driver fatigue. Lack of sleep, or poor sleep can impair performance to the same extent as being over the legal alcohol limit. Employees should only drive when fit and healthy to do so which includes having had adequate sleep. Employees are expected to take adequate rest breaks during a journey – typically a 15-minute rest for every two hours of driving.
Whilst it is not an offence to drive tired, if tiredness is suspected to be the cause of a crash, the police can investigate all aspects relating to the driver of the vehicle. In a fatal incident, the driver could be charged with death by dangerous driving or death by careless driving, with a maximum penalty of 14 years in prison.
Legal Context
In the UK, under the Health and Safety at Work Act 1974 and in ROI under the Safety, Health and Welfare at Work Act 2005, employers have a duty to safeguard employee health and safety. Failure to manage fatigue-related risks can lead to regulatory action, including penalties and potential liability for accidents.
Responsibilities of Drivers
- Self-Management of Fatigue
Drivers have a responsibility to self-manage their fatigue by getting adequate rest before shifts, recognising personal signs of tiredness, and taking appropriate action, such as pausing for rest if feeling drowsy.
- Avoiding Substance Use to Manage Fatigue
Drivers should avoid using caffeine, energy drinks, or other stimulants as a sole means to combat fatigue. These substances can temporarily mask the symptoms of tiredness but do not address the underlying need for rest.
- Reporting Fatigue Concerns
Drivers are encouraged to report any concerns about their ability to drive safely due to fatigue. The company will support drivers who raise such concerns and will not penalise employees for prioritising safe driving practices.
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Wellbeing
All kinds of personal stresses can affect your ability to concentrate and drive safely. Financial worries, health issues, relationship problems and family situations such as a new baby can all understandably have a hugely distracting effect. If a personal situation is affecting your ability to concentrate while driving, please talk to your manager.
In accordance with UK and ROI legislation, organisations are legally obligated to prioritise the wellbeing of their employees, including those who drive as part of their role. The Health and Safety at Work Act (HSWA) 1974 in the UK and the Safety, Health and Welfare at Work Act 2005 in Ireland place duties on employers to provide safe and healthy work environments, which extend to driving for work purposes. The Management of Health and Safety at Work Regulations 1999 (UK) and similar legislation in Ireland mandate that employers assess risks associated with work activities, including driving, and take steps to mitigate them. This responsibility includes safeguarding employees’ physical and mental wellbeing and recognising that stress and fatigue associated with work driving can have severe implications for safety.
Mental Health and Wellbeing Support
Addressing mental health is a key part of any modern wellbeing initiative. Work-related stress, anxiety, or depression can be prevalent among employees who drive regularly, as they may face unique challenges such as extended periods alone, difficult driving conditions, and variable schedules. An employer’s duty of care includes protecting employees from psychological risks, which means recognising mental health as integral to overall workplace safety.
PCE Automation’s Mindful Support Programme
The PCE Automation Mindful Support Programme is a key resource for employees, aimed at promoting mental health awareness and providing support for those experiencing mental health challenges. It is designed to foster a compassionate, supportive work environment, where employees feel comfortable discussing mental health and accessing resources without stigma.
The Mindful Support Programme includes:
- Access to Mental Health First Aiders: Trained staff members within PCE Automation are available as Mental Health First Aiders. These individuals can offer initial support to employees experiencing distress, act as points of contact, and guide them toward further help if needed.
- Mental Health Training for Managers: The Mindful Support Programme includes training for managers to help them recognise signs of mental health issues within their teams, respond with empathy, and facilitate access to support services. This training encourages managers to maintain open lines of communication and foster a non-judgemental environment.
- Resource Portal and Educational Materials: A dedicated portal provides access to mental health resources, self-help materials, and information on maintaining mental and physical health. The portal includes educational materials on common mental health challenges and practical tips on handling work-related stress.
- Regular Mental Health Check-Ins: PCE Automation encourages periodic one-on-one check-ins between managers and employees, creating a routine space where employees can share concerns related to their mental health and work-life balance.
- Feedback Mechanism: The programme includes a feedback mechanism where employees can anonymously share their thoughts on the support provided, allowing PCE Automation to improve and tailor mental health services as needed.
Legal Compliance and Policy Alignment
The Mindful Support Programme aligns with legal requirements under both UK and ROI legislation, ensuring that PCE Automation actively upholds its duty of care. By implementing this programme, the company not only meets legal standards but also establishes itself as a supportive employer, committed to fostering a positive, mentally healthy work environment for all employees, especially those driving for work purposes. This proactive approach reduces risks associated with mental health and enhances employee wellbeing, leading to safer and more productive work conditions.
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Driver Competence
In addition to holding a valid licence, employees must also be deemed competent to drive and given the necessary skills to drive in a safe and secure manner considering the potential range of vehicle types they may drive and activities they may conduct. This is specifically important for activities involving use of commercial vehicles, towing and individuals who drive long distances on company business. The company may occasionally require drivers to undertake additional training or refresher training.
To ensure the safety of employees and the public, as well as compliance with UK and ROI legislation, all drivers who are required to drive for work must meet established competence requirements. These requirements align with the Health and Safety at Work Act 1974 (UK), Safety, Health and Welfare at Work Act 2005 (ROI), and related road traffic laws.
1. Valid and Appropriate Licence
- All drivers must hold a full and valid driving licence for the vehicle category they are authorised to operate for work purposes.
- In the UK, the Road Traffic Act 1988 and in ROI, the Road Traffic Act 1961 mandate that drivers possess the correct licence category. Licence validity and appropriate endorsements will be checked regularly by the employer.
- Employees must notify the organisation immediately if their licence is suspended, expired, or subjected to endorsements that may affect their legal ability to drive.
2. Driver Training and Assessment
- New employees required to drive for work will undergo an initial driving assessment to evaluate their competence and identify any need for additional training.
- All drivers will participate in periodic refresher training, which may include defensive driving, hazard awareness, and safe vehicle operation.
- Additional training will be provided if an employee has been involved in a traffic incident or where performance concerns have been identified.
3. Fitness to Drive
- Drivers must be medically fit to operate vehicles safely. This includes compliance with medical requirements set out by the Driver and Vehicle Licensing Agency (DVLA) in the UK and the Road Safety Authority (RSA) in ROI.
- Employees are required to disclose any medical conditions or use of medications that may impair driving ability.
4. Driver Behaviour and Safety Standards
- All drivers must adhere to the Road Traffic Act’s standards of safe and lawful driving. This includes adherence to speed limits, avoidance of mobile phone use while driving, and other road safety behaviours.
- The organisation maintains a zero-tolerance policy on drink- and drug-driving. Employees are prohibited from driving under the influence of alcohol, illicit substances, or prescription medications that may impair judgement or reaction times.
- Drivers are expected to report incidents, near-misses, or hazards encountered during work-related driving to allow the organisation to monitor and improve driving safety practices.
5. Ongoing Competence Evaluation
- Driving records, including any penalty points or endorsements, will be reviewed annually to ensure ongoing driver competence. Drivers accumulating penalty points may be subject to additional training, and further disciplinary action may be taken if repeated infractions occur.
- Competence evaluation may also include checks on understanding and adherence to legal requirements, vehicle maintenance procedures, and any relevant driving policies as stipulated by the organisation.
6. Record Keeping and Compliance Monitoring
- The organisation will maintain detailed records of driver licences, training, medical clearances, and competence assessments. These records will be reviewed periodically to ensure compliance with UK and ROI legal requirements.
- Regular audits will be conducted to verify that drivers meet competence requirements, and corrective actions will be implemented as needed to uphold safety standards.
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The Vehicle
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Vehicle Roadworthiness
A roadworthy vehicle is one that is safe to drive with all its safety-critical and other important elements in good condition and working order.
Drivers should conduct a walk around check of their vehicle to ensure there are no safety defects. A helpful aide is to remember the acronym POWDER: – Petrol (fuel) – Oil – Water – Damage – Electrics – Rubber. When checking tyres, ensure they are the correct pressure, do not have any cuts, bulges or other damage such as nails or screws, and that they have sufficient tread depth. The legal minimum tread depth for cars, vans and other LCVs is 1.6mm across 75% (three quarters) of the width of the tyre. Tyres should be replaced BEFORE they are at the legal limit.
Check the windscreen for any damage. Many chips can be repaired however, for damage larger than 10mm directly in front of the driver, the law usually requires the windscreen to be replaced.
Any defects and/or damage should be reported immediately. If safety-critical defects are found then the vehicle must not be used until those faults or defects have been rectified. Non-safety-critical defects should be rectified at the earliest possible opportunity.
Driving a vehicle with major defects is a serious offence and can result in harsh penalties. The penalties a driver may receive for driving a defective vehicle will range depending on the type and severity of the offence. Any such penalties are the responsibility of the driver. If the vehicle’s condition causes the driver to have a collision, they could face additional charges and penalties.
For any vehicle used for work-related purposes, it must be safe, reliable, and meet the following criteria:
- MOT Compliance: All vehicles must have a valid Ministry of Transport (MOT) certificate if they are more than three years old in the UK, or more than four years old in ROI. This test is a legal requirement and ensures that vehicles meet minimum safety and environmental standards.
- Servicing and Maintenance: Vehicles should be regularly serviced according to the manufacturer’s guidelines, ensuring that brakes, tyres, lights, steering, suspension, and other essential components are maintained in safe working order. Any repairs should be addressed promptly to keep the vehicle roadworthy.
- Daily/Weekly Checks: Employees should conduct regular checks of critical components, including:
- Tyres: Sufficient tread depth (minimum 1.6mm in the UK and ROI) and no visible damage.
- Lights: All lights and indicators must be operational.
- Windscreen and Wipers: The windscreen must be clear of cracks that impair the driver’s visibility, and wipers must function properly.
- Fluid Levels: Oil, coolant, brake fluid, and washer fluid should be topped up as needed.
Insurance Requirements for Privately-Owned Vehicles Used for Business
If employees use their private vehicles for business purposes, they must meet specific insurance requirements:
- Business Insurance Cover: Standard private motor insurance does not cover business use. Employees must inform their insurer that they intend to use their vehicle for work-related driving and obtain appropriate business insurance cover. This insurance is mandatory in both the UK and ROI and must cover any business-related journeys beyond commuting.
- Insurance Documentation: Employees must provide proof of business insurance cover, and renewals should be submitted annually or whenever the policy changes.
Record Keeping and Compliance
To ensure compliance with this policy:
- Documentation: Employees are required to submit copies of their vehicle’s MOT certificate, insurance certificate (showing business cover), and servicing records to the company. Any updates or changes in insurance cover must be reported immediately.
- Random Inspections: The company reserves the right to conduct random checks to verify that all work-related vehicles meet roadworthiness and insurance requirements. Failure to comply with this policy may result in disciplinary action.
- Responsibility of Drivers: While the company provides guidance and checks compliance, ultimate responsibility for maintaining vehicle roadworthiness and ensuring adequate insurance lies with the vehicle’s owner and driver.
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Safe Loads
Insecure loads pose a significant risk to other road users and incidents involving insecure loads can easily result in loss of life or life-changing injuries. The Driver & Vehicle Standards Agency (DVSA) and the police have powers to issue fines to any driver in charge of a vehicle that is overloaded or if the load is insecure.
The load on a vehicle is not just restricted to goods being carried. The load is anything being carried on and in the vehicle including tools, equipment, machinery, load restraint equipment, signage, raw materials, samples, and baggage. All can be classified as being part of the load being carried and must be safely and securely fixed to and/or in the vehicle.
Employees required to drive for work purposes will attend and comply with any training provided around safe and secure loads. They will check and ensure that ‘their load’ is within load limits and securely fastened before commencing a journey, and then again during a journey when any part of the load has been moved or removed. They should report any incident and near miss to their manager, that involves the safety and security of their load.
General Principles of Load Safety
- Load Stability: All loads must be distributed and secured in a way that maintains stability throughout the journey. This includes ensuring that the load cannot shift, fall off, or cause the vehicle to become unbalanced.
- Securing Loads: Loads must be restrained using appropriate securing systems, such as ropes, straps, or webbing that comply with industry standards. Unsecured or inadequately secured loads are prohibited.
- Appropriate Load Distribution: To maintain vehicle balance, loads should be evenly distributed. Any vehicle with an uneven load distribution risks instability, particularly during cornering or braking.
Compliance with Weight Limits
- Adherence to Gross Vehicle Weight: Drivers must ensure that the total load does not exceed the Gross Vehicle Weight (GVW) for the vehicle, as set out by the manufacturer and legal guidelines. Overloading is both illegal and dangerous, impacting vehicle handling and braking.
- Axle Weight Restrictions: Load distribution must also respect axle weight limits to prevent undue stress on the vehicle’s suspension and braking systems. Compliance with axle weight limits is enforced to protect road surfaces and ensure vehicle stability. Legal Obligations Under UK and ROI Legislation
- Road Traffic Act (1988, UK) and Road Traffic Regulations mandate that all loads carried by a vehicle are properly secured and stable to prevent risks to other road users.
- Health and Safety at Work Act 1974 (UK) and Safety, Health and Welfare at Work Act 2005 (ROI): Employers must ensure safe practices are followed, including safe load handling, to reduce risks to employees.
- Construction and Use Regulations (UK): These regulations set requirements for load security and vehicle usage, prohibiting insecure loads that may cause danger on the road.
- EU Directive 2014/47/EU on Roadworthiness: Requires the load securing to be inspected as part of regular vehicle roadworthiness checks to meet safety standards.
Load Safety Procedures for Drivers
- Load Inspection: Drivers must conduct a thorough pre-journey inspection of their vehicle’s load to confirm it is secure and meets weight and stability standards.
- Ongoing Monitoring: Drivers must regularly check the load’s security during longer journeys, including at rest stops. This is critical to ensure that load restraints have not loosened, shifted, or become damaged in transit.
- Emergency Adjustments: If a load becomes insecure or compromised, drivers should follow emergency procedures to safely stop, assess, and, if needed, re-secure the load before continuing the journey.
Specific Load Types and Additional Safety Requirements
- Dangerous or Hazardous Loads: Special provisions apply to dangerous goods, such as chemicals or flammable materials. Drivers must adhere to ADR regulations (European Agreement concerning the International Carriage of Dangerous Goods by Road) and undertake specialist training.
- Fragile or High-Value Loads: These require additional precautions, such as padded restraints, to minimise damage.
- Heavy Machinery or Abnormal Loads: For transporting machinery or heavy equipment, vehicles must be equipped with reinforced securing mechanisms. Drivers may also require an abnormal load movement permit depending on size and weight.
Employer Responsibilities
- Training and Competence: Employers must provide training on load safety practices, ensuring that all drivers are competent in handling, loading, and securing different types of loads.
- Equipment Provision: Employers are responsible for providing vehicles with the necessary equipment (e.g., straps, cages, harnesses) to secure loads.
- Regular Safety Audits: Regular audits of load securing practices help maintain compliance and identify areas for improvement in load safety procedures.
Incident Reporting and Investigation
- All load-related incidents, including near misses, must be reported immediately. This enables the company to investigate the cause, implement corrective actions, and reduce the risk of future incidents.
Documentation and Record-Keeping
- Load Safety Documentation: Maintain records of all load inspections, weight compliance checks, and load-related incidents.
- Training Records: Ensure that each driver’s training record includes load safety training completion, with periodic refresher sessions to keep skills and knowledge up-to-date.
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Vehicle Cleanliness
It is the responsibility of the driver of the vehicle to maintain the vehicle being driven for work in a high standard of cleanliness both internally and externally. The dashboard must be kept free of loose items including including paperwork, food, litter and/or tools and equipment. The rear of the vehicle must be kept free of debris and maintained in a clean, organised, and presentable state.
To maintain a safe, hygienic, and professional environment, all employees who drive vehicles for work must adhere to high standards of cleanliness and hygiene for the vehicles they use. This requirement aligns with UK and ROI health and safety legislation, which places a duty of care on employers and employees to maintain a safe working environment, including company or personal vehicles used for work purposes. Cleanliness directly impacts both the health and safety of the driver and other occupants, while also enhancing the company’s professional image.
General Cleanliness
- Interior Cleanliness:
- Daily Tidying: Employees must ensure the vehicle’s interior is kept tidy on a daily basis. Rubbish, food wrappers, and other waste materials must be disposed of at the end of each workday or shift.
- Dust and Dirt: Seats, dashboard, and other frequently touched surfaces should be kept free of dust and dirt, which can accumulate and pose hygiene and respiratory risks.
- Spillages: Any spills must be cleaned immediately using appropriate cleaning materials to avoid odours, staining, or damage to the vehicle’s interior. Stains that cannot be removed should be reported to a line manager for further action.
- Special Equipment: Any work-related equipment stored in the vehicle should be kept clean and neatly organised to prevent clutter, which can be a hazard during driving.
- Exterior Cleanliness:
- Regular Washing: The vehicle’s exterior should be cleaned regularly, particularly to ensure that windows, mirrors, and registration plates are free from dirt or debris, which could obscure visibility or identification.
- Seasonal Maintenance: During winter months, mud, salt, and other road materials should be washed off frequently to avoid potential corrosion, which can impair vehicle safety over time.
- Personal Protective Equipment (PPE):
- If PPE is used while in the vehicle (e.g., masks, gloves, or other items to minimise exposure to infectious agents), employees are responsible for ensuring PPE is disposed of correctly to avoid health hazards within the vehicle.
- Hand sanitiser or antibacterial wipes should be used after using any shared vehicle.
Additional Requirements for Shared or Pool Vehicles
For vehicles used by multiple employees or by employees across multiple shifts:
- End-of-Shift Cleaning: Employees must clean high-touch surfaces (e.g., steering wheel, gear stick, door handles, and seatbelts) at the end of their shift using appropriate disinfectant wipes or sprays to minimise the risk of cross-contamination.
- Weekly Deep Cleaning: Shared vehicles must undergo a thorough, professional deep clean at least once a week. This can include carpet and seat cleaning, upholstery disinfection, and air freshening.
Compliance and Monitoring
- Employee Responsibility: It is the driver’s responsibility to maintain their vehicle in a clean and presentable state in accordance with this policy.
- Regular Checks: Vehicles may be subject to random or scheduled cleanliness inspections as part of routine maintenance checks to ensure compliance. Employees found to be in violation may be subject to disciplinary action.
- Reporting Maintenance or Cleanliness Issues: If an employee finds that a vehicle requires professional cleaning or repairs that affect cleanliness (e.g., damaged upholstery, persistent odours), they must report it to the designated fleet or maintenance manager as soon as possible.
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Vehicle Security
When driving a company-supplied vehicle for work purposes, employees are held responsible for its keys and security. Vehicle keys should never be left unattended in public and, when at home, keys should be kept out of sight and out of reach. Keys should be kept away from the front door to prevent remote vehicle theft where possible. Vehicles must always be locked when not in use and any security device fitted to or supplied with the vehicle must be activated. Vehicles should be parked in a place that is well lit and where possible, the use of security patrolled car parks, or those covered by CCTV are preferred.
1. Securing the Vehicle and Contents
- Locking Protocols: Drivers must lock all doors and secure windows whenever the vehicle is unattended, even for brief periods. This includes periods such as quick stops, rest breaks, or loading and unloading.
- Valuables Storage: Company-issued devices, confidential paperwork, or valuable items must not be left in plain sight. These should be stored out of sight, ideally in the boot, or locked in a secure compartment.
- Parking Considerations: Wherever possible, vehicles should be parked in well-lit, secure locations. If parking overnight, select secure facilities, particularly for vehicles carrying high-value or sensitive items.
2. Vehicle Alarm and Immobilisation Systems
- Alarm Systems: Vehicles used for work should be equipped with industry-standard alarm systems. These help deter theft and alert the driver to potential breaches.
- Immobilisation Technology: Vehicles carrying high-value items should be fitted with immobilisers. This prevents unauthorised operation and assists with security compliance, particularly when transporting sensitive or regulated materials.
- GPS Tracking: Where feasible, company vehicles should have GPS tracking to monitor vehicle location in real-time. This measure is particularly useful for high-risk routes or deliveries involving sensitive materials.
3. Document Security
- Logbooks and Vehicle Registration: Vehicle documentation, such as logbooks, insurance details, and registration certificates, must not be left in the vehicle. Drivers should keep these securely on their person to prevent unauthorised use of the vehicle or information theft.
- Sensitive Information: For roles that involve transporting sensitive data or goods, drivers must ensure that any documentation related to these items is securely stored and never left unattended in the vehicle.
4. Training and Awareness
- Driver Training: Drivers should be regularly trained on the importance of vehicle security and any relevant updates to legislation or company policies. Training should cover the risks associated with leaving vehicles unsecured, recognising potential threats, and using security features effectively.
- Incident Reporting: Drivers must report any security breaches, suspicious activity, or unauthorised access attempts immediately to both their line manager and the local authorities if necessary. All incidents should be documented as per the company’s security protocol.
5. Overnight and Extended Parking
- Security-Approved Locations: For any vehicle parked overnight or for extended periods, especially those carrying high-value goods or sensitive materials, drivers should use secure and approved parking facilities wherever feasible. These may include locations with CCTV, controlled access, or on-site security personnel.
- Monitoring: Where GPS is available, vehicles left overnight should be periodically monitored to ensure their security.
6. Insurance and Risk Management
- Company Coverage: The organisation’s insurance policy should cover potential risks related to vehicle theft, unauthorised use, or loss of goods during work-related trips. Any company-owned or leased vehicles must comply with the insurer’s requirements for vehicle security devices.
- Risk Assessments: Regular risk assessments should be conducted, particularly for high-value journeys or high-risk areas. Recommendations arising from these assessments should be implemented immediately to minimise risk exposure.
7. Compliance with UK and ROI Legislation
- Data Protection (UK GDPR & Irish GDPR): If a vehicle is used for transporting any personal data, it should adhere to strict security protocols in line with data protection laws. Sensitive data should be stored securely, and data breaches must be reported to the relevant authority as per UK or ROI data protection legislation.
- Occupational Health and Safety Regulations: In both the UK and ROI, employers have a duty of care under health and safety laws to minimise risks related to driving for work. This duty includes ensuring that vehicles are secure and drivers are equipped with the knowledge and tools to protect themselves and the vehicle’s contents.
- Motor Vehicle Legislation: All vehicles must comply with national motor vehicle standards, including vehicle immobilisers and theft prevention devices as mandated for specific vehicle classes or types.
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Engine Idling
PCE Automation is committed to protecting air quality by reducing the environmental impact of their operations in relation to engine idling by employees in company vehicles or in private vehicles being used on company business. Vehicle exhaust emissions from idling vehicles contributes significantly to air pollution which impacts on health, economic growth, and quality of life.
Policy Statement
Employees must avoid unnecessary idling of engines while operating company vehicles or any other vehicles used for work purposes. Engine idling is both environmentally harmful and economically wasteful, leading to higher emissions, fuel costs, and potential regulatory penalties. Therefore, this policy aims to promote environmentally responsible driving practices that comply with all applicable laws in the UK and ROI and align with our ISO 14001 commitments to environmental management.
Legislative Background
In both the UK and ROI, laws restrict unnecessary idling to limit air pollution and reduce fuel consumption. Under the UK’s Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 2002, drivers may face fines if they idle unnecessarily in designated areas. In the ROI, local authorities have similar powers to reduce emissions in urban and residential areas by discouraging idling. Both jurisdictions recognise that limiting engine idling is essential to protecting air quality and public health.
Additionally, the company adheres to ISO 14001: Environmental Management Systems, which requires a commitment to continual improvement and compliance with legal requirements. As part of our ISO 14001 certification, reducing unnecessary idling contributes to minimising environmental impact, reducing greenhouse gas emissions, and supporting our broader sustainability goals.
Engine Idling Requirements
- Idle Time Limitation:
- Drivers are required to switch off engines if the vehicle will be stationary for more than 30 seconds. This includes waiting at delivery or collection points, picking up passengers, and while parked or waiting in traffic (where safe and appropriate to do so).
- Exemptions:
- The following situations are exempt from this policy:
- Extreme weather conditions: When engine idling is necessary to defrost windows or operate climate controls to ensure driver comfort and safety.
- Traffic situations: When idling is required by traffic control measures, such as waiting at a level crossing, red traffic lights, or in slow-moving traffic.
- Health and Safety Requirements: Where idling is required to operate essential health and safety equipment in the vehicle, such as lights, or other specialised equipment.
- Operational Guidance:
- All drivers should aim to plan routes that minimise idle time due to traffic congestion or waiting times.
- Use automatic engine start-stop features if available, as these can help reduce idle times without impacting safety or comfort.
- Avoid idling for prolonged periods in residential, school, and high-footfall areas to reduce public exposure to emissions.
ISO 14001 Environmental Commitment
As part of our commitment to ISO 14001 standards, reducing engine idling forms a key part of our approach to:
- Continual Improvement: By regularly evaluating our environmental performance, we aim to set measurable targets for reducing idling times and emissions.
- Environmental Impact Reduction: Through consistent compliance with this policy, we support broader goals of reducing greenhouse gas emissions, improving air quality, and minimising our environmental footprint.
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Private Use Of Company Vehicles
Company vehicles may be used for private journeys.
No company vehicles are permitted to be used during normal working hours unless authorised by a company Director.Company vehicles used out of normal working hours must be authorised by your Line Manager, Team Leader or a company Director.
No company-supplied vehicle may be raced, rallied, or otherwise used in a non-business- related, off-road environment.
1. Permitted and Restricted Use
- Permitted Use:
- Company vehicles may be used for personal reasons only if explicitly authorised by the company.
- Private use must be limited to journeys within the UK and ROI unless pre-approved for international use.
- Vehicles should be returned in a timely manner when required for business purposes, as stipulated in the employee’s employment contract or vehicle agreement.
- Restricted Use:
- Company vehicles must not be used for any unlawful activities or purposes that could bring the company into disrepute.
- Use for hire or reward, such as providing taxi services, is strictly prohibited.
- Transporting non-employees (such as family members or friends) should be avoided unless authorised, and must comply with company insurance coverage.
- Transport of dangerous goods or unauthorised equipment is not permitted.
2. Documentation and Record-Keeping
- Mileage Logs:
- Employees must keep a detailed log of all personal mileage to differentiate between business and private use. This may be subject to periodic audits.
- Tax Implications:
- UK and ROI tax authorities consider private use of company vehicles as a taxable benefit. Employees are responsible for any tax liability that arises from private use of the vehicle.
- Employees should regularly review and report their private mileage to ensure accurate Benefit-in-Kind (BIK) reporting.
. Fuel Costs for Private Use
- Fuel Policy:
- If a company-provided fuel card is used, employees are required to reimburse the company for all private fuel costs. Alternatively, the employee may be responsible for covering fuel costs for private use independently.
- A detailed fuel log must be maintained, and personal mileage recorded to distinguish between business and private travel.
- Mileage Reimbursement:
- For employees who choose to pay for their private fuel, they may be eligible for partial reimbursement for business-related mileage, subject to company rates and HMRC or Revenue guidelines.
4. Insurance and Liability
- Insurance Coverage:
- Private use of company vehicles is typically covered by the company’s insurance, provided it is authorised. However, certain types of personal use may require additional insurance coverage or a higher premium.
- The employee is liable for ensuring they are covered under the company’s insurance policy for all intended uses.
- Employees must report any incidents or damages sustained during private use of the vehicle to their line manager and the company’s fleet administrator within 24 hours of the event.
- Excess Costs:
- Any insurance excess costs arising from accidents or damage incurred during private use may be the responsibility of the employee.
- Where significant or unauthorised private use has occurred, the company reserves the right to deduct costs related to repair or excess from the employee’s wages.
5. Compliance with Road Safety Laws
- Driver’s Licence:
- Employees must hold a valid UK or ROI driver’s licence and comply with all local traffic laws and regulations during private use.
- The company may periodically request updated copies of employees’ driving licences, along with any endorsements or restrictions.
- Traffic Offences:
- Employees are personally responsible for any fines, penalties, or legal consequences arising from traffic offences during private use.
- Failure to report offences may result in disciplinary action and/or the removal of private use privileges.
6. Vehicle Maintenance and Upkeep
- Vehicle Condition:
- Employees must keep company vehicles in good condition and promptly report any maintenance issues, even when used privately.
- Personal items must be removed from vehicles regularly, and vehicles kept clean to company standards.
- Return of Vehicle:
- Vehicles must be returned promptly if required for business purposes or at the end of an employment contract. Failure to do so may incur additional costs or penalties as outlined in the employment contract or vehicle agreement.
7. Disciplinary Action and Policy Breaches
- Any misuse or breach of this policy may result in disciplinary action, up to and including termination of employment and loss of private use privileges.
- Repeated breaches may lead to suspension of private use rights, additional costs, or other penalties as deemed appropriate by the company.
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Towing
This section outlines the policy and requirements for towing with company vehicles, ensuring compliance with UK and Republic of Ireland (ROI) legislation. All employees, contractors, and agents authorised to tow using company vehicles must adhere to the following requirements to promote safety and legality on the road.
1. Driver Eligibility and Licensing
- Driver’s Licence: Drivers must hold the appropriate driving licence category to tow, in compliance with both UK and ROI regulations.
- UK: Drivers who passed their car driving test after 1 January 1997 may need to pass an additional driving test to tow heavier trailers. They must hold Category B+E or C1+E if towing beyond the standard weight limits.
- ROI: Similar regulations apply. Drivers towing trailers heavier than the legally permitted weight for Category B must hold a BE licence or higher if required.
- Training: All authorised drivers must complete company-provided towing training and undergo regular refresher courses to maintain competency.
- Assessment: The company will conduct an initial competency assessment for towing and periodic evaluations to ensure safe towing practices.
2. Vehicle and Trailer Requirements
- Towing Capacity: The combined weight of the trailer and its load must not exceed the towing vehicle’s maximum authorised towing capacity. This includes gross vehicle weight (GVW) limits, which are specific to each vehicle.
- Trailer Type Approval: All trailers must have type approval certification and comply with European Community Whole Vehicle Type Approval (ECWVTA) or national small series type approval as required.
- Regular Inspections: Trailers must be inspected before each use to ensure roadworthiness. This includes checks on:
- Brakes: All trailers over 750 kg must have working brakes.
- Tyres: Tyres must be in good condition and correctly inflated.
- Lights and Indicators: All lighting and indicators must be operational and comply with road regulations.
- Hitch Mechanism: The tow bar and any hitches or coupling mechanisms must be securely attached, functional, and in good condition.
3. Load Security and Weight Distribution
- Load Restraints: All loads must be properly secured with appropriate restraints to prevent movement during transit.
- Weight Distribution: The load must be distributed evenly to avoid excessive weight on the tow bar, which can lead to dangerous instability.
- Maximum Gross Weight: The total weight of the trailer and load must not exceed the trailer’s maximum gross weight as specified by the manufacturer.
- Documentation: A log of all loads, weights, and restraints used should be recorded to ensure compliance with company policy and legislation.
4. Safety and Operational Requirements
- Pre-journey Checks: Drivers must perform a thorough pre-journey check that includes:
- Ensuring all trailer connections are secure and that safety chains (if applicable) are attached.
- Testing brakes, lights, and indicators on both the vehicle and trailer.
- Checking the load for security and stability.
- Journey Planning: Drivers must account for potential towing restrictions (e.g., speed limits, road types) and plan routes that are suitable for towing.
- Speed Limits: Drivers must comply with specific towing speed limits:
- In the UK, a maximum of 60 mph on motorways and 50 mph on single carriageway roads.
- In ROI, a maximum of 80 km/h (approx. 50 mph) on all roads.
- Weather Conditions: Towing in adverse weather conditions, such as high winds or icy roads, must be avoided if possible. If unavoidable, additional caution is required.
5. Documentation and Compliance
- Vehicle and Trailer Documentation: Each vehicle and trailer combination used for towing must have appropriate documentation, including:
- A valid insurance policy covering towing.
- Current MOT or equivalent safety certification.
- Trailer registration documentation if required.
- Incident Reporting: Any incidents, accidents, or near misses involving towing must be reported in line with company procedures and may require investigation to improve future towing practices.
- Audits and Compliance Checks: Periodic audits will be conducted to ensure compliance with towing policies and applicable legislation in both the UK and ROI.
6. Penalties for Non-Compliance
Non-compliance with towing regulations can lead to disciplinary action, up to and including termination, due to the potential safety risks involved. Additionally, drivers may face penalties under UK or ROI law for breaches of towing legislation.
7. Ongoing Training and Updates
- Legislative Updates: The company will provide updates on any changes to UK and ROI towing legislation and adjust this policy accordingly.
- Continuous Improvement: Feedback from drivers, incidents, and audits will be used to improve towing practices and safety measures continually.
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The Journey
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Journey Planning
Any journey should be reviewed, and a decision made as to whether the journey by road is necessary, whether it can be made by rail or air travel, or replaced with remote communications.
Where road journeys are required, driving during the higher-risk periods of 02:00-06:00 and 14:00-16:00 should be minimised or avoided altogether. Journey routes should be planned to use the highest quality roads, such as motorways and dual carriageways where possible.
No employee should be required to drive continuously for more than 2 hours without at least a 15-minute break. Breaks and break locations should be planned in advance. Where employees are planned to travel a long distance to a work location at the beginning or end of the day, or if travel time risks making the working day unreasonably long, employees can discuss with their manager the requirement to arrange overnight accommodation to avoid driving tired.
1. Assessment of Necessity
- Before commencing any journey, employees must assess whether the journey is essential. Alternatives, such as video conferencing, should be considered first to minimise road risk and reduce environmental impact.
2. Route Planning
- Optimised Routes: Employees should plan the most efficient route to their destination, prioritising main roads and motorways where possible to avoid unnecessary detours and minimise time on the road.
- Weather and Traffic Considerations: Journey plans must account for current and forecasted weather conditions and potential traffic disruptions. Employees should check relevant traffic updates and weather advisories before departure and allow extra time if adverse conditions are expected.
- Avoiding High-Risk Areas and Times: Employees are encouraged to avoid routes known for high accident rates and should try to avoid peak travel hours to reduce exposure to traffic hazards.
3. Driving Hours and Rest Breaks
- Compliance with Driving Hours Regulations: Employees must adhere to UK and ROI regulations on driving hours, ensuring they do not exceed the legal limits to prevent fatigue.
- Example: In the UK, after 4.5 hours of driving, drivers must take a minimum 45-minute break. Employees should ensure they plan rest stops accordingly.
- Daily Driving Limits: The journey plan should allow sufficient time for completion within legal daily driving limits, especially for long trips. Employees should not plan for overly ambitious schedules that could lead to pressure to drive unsafely.
4. Vehicle Inspections and Maintenance Checks
- Pre-Journey Vehicle Checks: Employees must perform a pre-journey inspection of the company vehicle to check for potential safety issues, including tyre pressure, fluid levels, lights, brakes, and mirrors.
- Scheduled Maintenance: The company vehicle must be in roadworthy condition, in compliance with the UK’s Road Traffic Act and ROI legislation. Employees should ensure that the vehicle’s MOT, tax, and insurance are up to date before embarking on any journey.
5. Use of Mobile Devices
- Mobile Usage Restrictions: The use of mobile phones while driving is strictly prohibited in the UK and ROI unless the vehicle is stationary and the engine is turned off. If employees need to make a call, they must safely pull over before using a mobile device.
- Hands-Free Equipment: If hands-free systems are used, they should be configured before the journey begins, and employees should keep conversation to a minimum to avoid distractions.
6. Emergency Preparedness
- Breakdown and Accident Procedures: Employees must be familiar with company procedures for handling breakdowns or accidents. This includes carrying emergency contact details, having access to breakdown services, and knowing the steps to take in case of an incident on the road.
- Emergency Kit: Company vehicles should be equipped with an emergency kit, including a first aid kit, a high-visibility vest, a warning triangle, and a torch. Employees should ensure these items are in the vehicle before departure.
7. Driver Responsibilities and Competency
- Valid Licence Check: Employees must hold a valid and appropriate driving licence for the vehicle they are operating. Licence checks are carried out periodically to ensure compliance with UK and ROI licensing requirements.
- Driver Competency: For specific vehicle types or for journeys that involve driving in hazardous conditions, additional driver training may be required. This could include familiarisation with defensive driving techniques and safe driving practices tailored to UK and ROI roads.
8. Fuel and Environmental Considerations
- Fuel Efficiency: Employees should plan for efficient fuel usage and avoid unnecessary idling to support the company’s environmental objectives and reduce fuel costs.
- Low Emission Zones (LEZ): In some areas, such as parts of London, specific regulations apply to low-emission vehicles. Employees should be aware of these zones and factor in any additional charges or restrictions that might affect their route.
9. Compliance with Speed Limits and Traffic Laws
- Adherence to Speed Limits: Journey plans should allow sufficient time for drivers to comply with speed limits across varying road types and ensure compliance with any specific limits in the ROI.
- Local Traffic Laws: Employees must stay updated on traffic regulations applicable in both the UK and ROI, particularly when crossing borders or operating in regions with specific legal requirements.
10. Record-Keeping and Reporting
- Incident Reporting: Any incidents, including near-misses or breakdowns, must be promptly reported following company procedures to ensure continuous improvement in journey planning and safety protocols.
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Safe Driving
At PCE Automation, ensuring the safety of all employees while driving company vehicles is of utmost importance. Safe driving practices are crucial not only to protect the well-being of our staff but also to comply with the legal requirements of the UK and Republic of Ireland (ROI) legislation. The following policy outlines the requirements for safe driving when using company vehicles, with a focus on maintaining the highest standards of safety, compliance, and accountability.
1. Driver Eligibility and Licence Requirements
Only employees who hold a valid, appropriate driving licence are permitted to operate company vehicles. It is the responsibility of employees to ensure their driving licence is up to date and suitable for the type of vehicle they are required to drive.
- UK Requirements: In the UK, drivers must hold a full, valid UK driving licence. Employees who have points on their licence or any driving-related convictions must notify their manager immediately.
- ROI Requirements: In the Republic of Ireland, drivers must hold a valid Irish driving licence or one recognised by the Irish authorities, such as an EU or UK licence. Drivers with endorsements on their licence must inform their manager and may be restricted from driving company vehicles.
2. Vehicle Maintenance and Safety Checks
To ensure the vehicle is safe to operate, regular checks and maintenance are required by law and company policy.
- Vehicle Inspections: Drivers must conduct daily safety checks of the vehicle before use, ensuring all key elements such as tyres, lights, brakes, mirrors, and windscreen wipers are in good condition.
- Maintenance Compliance: The company is responsible for ensuring that vehicles undergo regular servicing in line with manufacturer recommendations. Any defects or faults identified during checks or reported by the driver must be reported immediately to the fleet manager, and the vehicle must not be driven until repaired.
- UK & ROI Legislation: Under both UK and Irish law, employers are required to ensure that vehicles are roadworthy and safe to drive, and regular maintenance records must be kept.
3. Driving Hours and Fatigue Management
Employees must comply with legal limits on driving hours to reduce the risk of accidents caused by fatigue.
- UK Requirements: In the UK, drivers must adhere to the Working Time Regulations (WTR), which limit the number of hours an employee can drive without adequate rest. Employees must take regular breaks (every 2 hours of driving) and ensure that driving hours do not exceed 9 hours per day (with exceptions for occasional longer journeys under certain conditions).
- ROI Requirements: In Ireland, driving hours are similarly regulated under the Road Transport (Working Time) Regulations, which also limit driving to 9 hours per day and require adequate rest periods between shifts. Employees must not drive if they are feeling tired or impaired.
4. Seatbelt Use and Vehicle Security
The use of seatbelts is mandatory at all times when driving or travelling in a company vehicle.
- UK & ROI Legislation: Both the UK and the Republic of Ireland have laws that make it a legal requirement for all passengers to wear seatbelts, irrespective of whether they are in the front or rear seats. Drivers are responsible for ensuring that all passengers are securely fastened before driving.
- Vehicle Security: Employees must ensure that vehicles are locked when not in use, especially in public areas, and should take necessary precautions to prevent theft of the vehicle or its contents. Personal items should not be left in plain view.
5. Speed Limits and Traffic Regulations
Employees must adhere to the speed limits and road safety laws in both the UK and the Republic of Ireland.
- Speed Limits: Drivers must comply with posted speed limits and adjust their speed based on road conditions, weather, and traffic. For example, in the UK, the maximum speed limit on motorways is 70 mph, while in urban areas, the speed limit may be lower. In Ireland, speed limits are similar, with motorways generally limited to 120 km/h and urban areas limited to 50 km/h unless otherwise indicated.
- Traffic Laws: Compliance with all traffic regulations, including road signs, traffic lights, pedestrian crossings, and priority rules, is mandatory. Any fines incurred due to traffic violations are the responsibility of the employee, and repeat offences may result in disciplinary action.
6. Alcohol, Drugs, and Impairment
The use of alcohol, drugs, or other substances that impair driving is strictly prohibited.
- Zero Tolerance Policy: Employees are prohibited from consuming alcohol or drugs (including prescription medication that impairs driving) before or during working hours when driving company vehicles. In the UK, the legal blood alcohol limit for drivers is 80mg per 100ml of blood; however, it is strongly advised that employees refrain from consuming any alcohol before driving.
- Drug Testing: Random drug tests may be conducted to ensure compliance with this policy, and failure to comply will result in disciplinary action.
7. Accidents and Reporting Procedures
In the event of an accident or collision, the following procedures must be followed:
- Immediate Action: Drivers must stop immediately and ensure the safety of all individuals involved. Emergency services must be contacted if necessary.
- Accident Reporting: Employees must report any accidents, collisions, or incidents involving a company vehicle to their manager as soon as possible, providing all necessary details, including the location, parties involved, and any damage. A formal incident report must be submitted within 24 hours.
- Insurance: The company will ensure that all vehicles are adequately insured, but the driver must still report accidents to the relevant authorities in accordance with UK and ROI legislation.
8. Environmental Considerations
We are committed to reducing our carbon footprint and promoting sustainable driving practices.
- Eco-Driving: Drivers should aim to drive efficiently by maintaining steady speeds, avoiding harsh braking or acceleration, and using air conditioning sparingly. This not only reduces fuel consumption but also helps minimise the vehicle’s environmental impact.
- UK & ROI Legislation: Both the UK and Republic of Ireland have stringent environmental laws in place that encourage eco-friendly driving practices and require regular vehicle emissions testing. Drivers must ensure vehicles comply with emissions regulations.
9. Mobile Phone Use
Using a mobile phone while driving, unless via hands-free equipment, is illegal in both the UK and Republic of Ireland.
- Mobile Phones: Employees must not use handheld mobile phones while driving company vehicles. If a call is necessary, employees must pull over safely and park before using their phone, or use hands-free equipment if available.
- UK & ROI Legislation: Both jurisdictions impose strict penalties for using a handheld phone while driving, including fines and penalty points on the driver’s licence.
10. Disciplinary Action for Non-Compliance
Failure to adhere to the safe driving policy and legal requirements may result in disciplinary action, including suspension from driving company vehicles, retraining, or termination of employment, depending on the severity of the violation.
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Safe Speeds
One of the most significant risks drivers face, and create, is driving at inappropriate speeds on work-related journeys. This includes both exceeding the speed limit and driving within the limit but still too fast for the road and weather conditions.
Every year, over 200 people are killed in crashes involving someone exceeding the speed limit and over 100 people die in crashes involving someone travelling within the speed limit but too fast for the conditions. Speed limits are a limit, not a target.
Employees who drive for work should know the speed limits for the type of vehicle they are driving and road they are travelling on and understand the importance of staying within speed limits. Van drivers should remember that the applicable speed limit for a van is often lower for that of a car. Drivers should notify their manger immediately of impending prosecutions and penalties associated with unsafe driving, including speeding, whether these resulted from at-work or personal driving.
No employee driving for work should ever drive faster than road conditions safely allow and should always obey speed limits. Employees driving for work are expected to always drive safely, responsibly, and legally.
The minimum penalty for speeding is a £100 fine and 3 penalty points added to a driving licence.
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Seatbelts
The use of seatbelts is mandatory for all drivers and passengers in company vehicles. This policy outlines the requirements for seatbelt use in compliance with UK and Republic of Ireland (ROI) legislation, ensuring the safety of employees, contractors, and any other passengers travelling in company vehicles. This policy applies to all company vehicles, including cars, vans, trucks, and any other vehicles used for work purposes.
Legal Requirements:
1. UK Legislation: Under UK law, specifically the Road Traffic Act 1988 (as amended by the Road Traffic (Amendment) Act 1991), seatbelts must be worn by all passengers in a vehicle that is equipped with them. The legislation includes the following key points:
- Driver Responsibility: The driver is legally responsible for ensuring that the front seat passengers are wearing seatbelts.
- Passenger Responsibility: Front seat passengers must wear seatbelts. However, rear seat passengers are also legally required to wear seatbelts if the vehicle was manufactured with seatbelts in the rear.
- Children and Young Passengers: Children must use an appropriate child restraint system based on their weight and height, as set out in the Road Traffic (Vehicle Emissions) (Amendment) Regulations 1994.
- Exceptions: There are limited exceptions to the seatbelt requirements, including when a medical exemption is issued.
2. ROI Legislation: In the Republic of Ireland, seatbelt use is governed by the Road Traffic (Traffic and Parking) Regulations 1997 and Road Traffic (Safety) (Amendment) Act 2005, which align closely with UK law:
- Driver Responsibility: As in the UK, drivers are responsible for ensuring that all passengers in the front seats are wearing seatbelts.
- Passenger Responsibility: Passengers in the front seats and rear seats are legally required to wear seatbelts, provided the vehicle is fitted with them.
- Children: Children must be secured in appropriate child seats based on their weight and size, and children under 12 years of age must not sit in the front seat unless they are using an appropriate restraint system.
- Exemptions: Exemptions include medical reasons or if the vehicle is not designed to carry passengers (e.g., a two-seater vehicle).
Company Vehicle Policy:
1. Seatbelt Use Enforcement: All employees and drivers of company vehicles must comply with the seatbelt regulations outlined in the relevant legislation. It is a requirement that both the driver and any passengers wear seatbelts at all times when the vehicle is in motion.
- Pre-journey Checks: Before commencing any journey, it is the responsibility of the driver to ensure that all passengers are wearing seatbelts.
- Driver Accountability: If a passenger is found not wearing a seatbelt, the driver must stop the vehicle safely and ensure the seatbelt is fastened before continuing the journey.
- Disciplinary Action: Failure to adhere to this policy will result in disciplinary action, which may include retraining or more serious consequences in the case of repeated non-compliance.
2. Vehicles Fitted with Seatbelts: All company vehicles, including any leased or hired vehicles, must be fitted with appropriate seatbelts that meet current safety standards. This includes both front and rear seatbelts where applicable.
- Vehicle Inspection: Regular vehicle inspections must include checks to ensure that all seatbelts are in good working order. Any malfunctioning seatbelt should be repaired or replaced immediately.
- Non-compliance in Vehicles: If a company vehicle is found to be missing seatbelts or if any seatbelt is not functioning properly, the vehicle should be removed from service until repairs are made.
3. Training and Awareness: The company will ensure that all employees receive training on seatbelt use and the relevant legal requirements. This training will be part of the induction process for new employees and will be reinforced through ongoing safety training.
- Employee Briefing: All employees will be briefed on the legal requirements for seatbelt use during work-related travel, including the consequences of failing to wear a seatbelt.
- Ongoing Refresher Courses: Employees will receive periodic refresher courses to ensure compliance with current safety laws.
4. Exceptions: If an employee or passenger has a legitimate reason not to wear a seatbelt (e.g., a medical exemption), the company will require written proof of this exemption and will make reasonable adjustments where possible to ensure the employee’s safety.
- Medical Exemption: Employees with medical conditions that prevent them from wearing a seatbelt must provide a doctor’s note, which should be reviewed by the company to consider reasonable accommodations.
- Alternative Transport: In certain cases, the company may offer alternative transportation options (e.g., a vehicle with special seatbelt arrangements or transportation by a professional service) if required for medical reasons.
Responsibilities:
Employees:
- Ensure that seatbelts are worn at all times while in a company vehicle.
- Report any issues with seatbelts or vehicle safety equipment to the fleet manager or designated person immediately.
Managers/Supervisors:
- Monitor compliance with the seatbelt policy during work-related travel.
- Ensure all employees are properly trained on seatbelt use and aware of the legal requirements.
- Take corrective action when non-compliance is observed, including disciplinary measures if necessary.
Fleet Manager:
- Ensure that all company vehicles are equipped with working seatbelts.
- Schedule regular checks and maintenance to ensure seatbelt functionality.
- Maintain records of vehicle inspections and any repairs made
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Driver Distraction
The use of handheld devices, including mobile phones, while driving a company vehicle, is a significant distraction and poses a safety risk. It is essential that all employees adhere to the legal requirements outlined below to ensure safe driving practices and compliance with UK and Republic of Ireland legislation.
Legal Requirements (UK)
- Use of Handheld Devices (UK Law)
Under the Road Traffic Act 1988 and the Highway Code, it is illegal to use a handheld mobile phone or other devices while driving. This includes:
- Making or receiving calls
- Sending or reading text messages
- Using apps, emails, or social media
- Navigating via maps on a mobile device
Drivers must not hold or interact with a handheld mobile device or any other electronic device while driving. Doing so may result in a fine, penalty points, or disqualification from driving.
- Exceptions
- The use of a mobile phone is permitted if the driver is safely parked in a stationary position, outside of a running engine.
- Emergency calls to the police, fire, ambulance, or other emergency services are an exception, but drivers should use hands-free equipment when possible to minimise distraction.
- Hands-Free Devices
The use of hands-free systems is allowed, provided the device does not require the driver to hold or touch the phone. However, it is important that these systems do not cause significant distraction, and drivers should avoid prolonged conversations or activities that take their attention away from driving.
- Penalties for Breach
Offenders can face a fine of £200 and six penalty points. If the case goes to court, the penalty can rise to a maximum of £1,000 and disqualification from driving.
Legal Requirements (ROI)
- Use of Handheld Devices (ROI Law)
Under the Road Traffic Act 2014 and subsequent amendments, it is illegal for drivers to use a handheld mobile phone while driving. This applies to:
- Making calls
- Texting
- Browsing the internet
- Using apps
- Taking photos or videos
The device must not be held by the driver at any time during operation of the vehicle. Similarly to the UK, emergency calls to 112 or 999 are permitted, but the driver should use hands-free technology where possible.
- Hands-Free Devices
Hands-free mobile phone systems are permissible, but drivers must ensure that their use does not interfere with their ability to focus on the road. Devices should be voice-activated where possible to minimise the need for interaction during driving.
- Penalties for Breach
In Ireland, the penalty for using a handheld mobile phone while driving is a €60 fine and 3 penalty points. In severe cases or repeat offences, fines can increase, and disqualification may apply.
Company Policy on Handheld Devices
- Prohibition of Handheld Devices
All employees operating company vehicles are strictly prohibited from using handheld devices while driving. This includes making or receiving calls, sending texts, or interacting with any other apps or services on a mobile device.
- Devices must be placed in a secure location within the vehicle, such as a glove compartment or a designated holder.
- Mobile phones or other electronic devices should only be used when the vehicle is safely stationary and the engine is off.
- Use of Hands-Free Devices
- Employees may use hands-free systems, provided these devices do not require physical interaction while driving. If a driver needs to interact with the system, the vehicle must be safely parked and the engine turned off.
- If an employee is unsure whether their hands-free system complies with legal requirements, they should consult with their supervisor or fleet manager for clarification.
- Disciplinary Actions for Policy Violations
Failure to comply with the policy regarding distractions from handheld devices will result in disciplinary action, up to and including termination of employment. Employees should be aware that:
- The company takes a zero-tolerance approach to distractions caused by mobile devices.
- Employees found using handheld devices while driving will be subject to both internal disciplinary procedures and legal consequences as stipulated by UK and ROI law.
- Driver Education and Training
The company will provide regular training on safe driving practices, including the dangers of driver distractions. This will ensure employees are aware of the legal implications, company policies, and the risks associated with mobile device use while driving.
- Reporting Unsafe Driving
Employees are encouraged to report any unsafe driving behaviours they witness, including the use of handheld devices by colleagues. Reports can be made confidentially and will be investigated by the management team.
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Driving in Adverse Weather
Driving in adverse weather conditions presents significant risks for employees and others on the road. The company is committed to ensuring the safety of all employees who drive company vehicles, and this policy outlines the procedures, responsibilities, and requirements for driving in adverse weather conditions, in line with UK and Republic of Ireland (ROI) legislation. This policy applies to all employees who use company vehicles as part of their job, including temporary staff, contractors, and those using their own vehicles for business purposes under the company’s fleet arrangements.
2. Adverse Weather Conditions
Adverse weather conditions include, but are not limited to:
- Heavy rain
- Snow and ice
- Fog
- Strong winds
- Flooding
- Extreme heat or cold
- Hail and sleet
These conditions may reduce visibility, make roads slippery, or impair vehicle performance. Employees must assess weather forecasts and be prepared for potential hazards when driving in such conditions.
3. Legal and Regulatory Requirements
Both UK and ROI legislation place a responsibility on employers to ensure that their employees are safe while driving for work purposes, particularly in adverse weather.
- UK Legislation: Under the Health and Safety at Work Act 1974, employers are required to ensure the health, safety, and welfare of employees while they are at work. This includes ensuring safe working conditions, and where driving is involved, the provision of suitable training and vehicles that are fit for purpose in all conditions. The Road Traffic Act 1988 also requires drivers to maintain proper control of their vehicles and ensure they are fit for use, particularly in adverse weather conditions.
- ROI Legislation: Similar to UK law, the Safety, Health and Welfare at Work Act 2005 requires employers to ensure the safety of their employees while driving in all conditions, including adverse weather. The Road Traffic Act 1961 places an obligation on drivers to drive with due care and attention, adjusting their speed and driving style according to the weather and road conditions.
Failure to adhere to these regulations can result in fines for the employer and the employee, as well as the risk of increased accidents, injuries, or even fatalities.
4. Company Vehicle Maintenance
To ensure the safety of employees driving in adverse weather conditions, it is the responsibility of the company to maintain the vehicles in good working order. The following vehicle maintenance checks should be carried out regularly, particularly before periods of expected adverse weather:
- Tyres: Ensure that tyres have sufficient tread depth (at least 1.6mm in the UK, and a similar standard in the ROI). Consideration should be given to winter tyres when appropriate.
- Lights: Ensure that all vehicle lights (headlights, brake lights, fog lights, etc.) are functional and clean.
- Wipers and Windscreen Washers: Ensure that wipers are in good condition and that the vehicle’s windscreen washers are topped up with appropriate antifreeze.
- Battery: Ensure the battery is in good condition, particularly for winter months when cold weather may cause failure.
- Brakes: Ensure the braking system is in good working order, particularly in conditions of ice or snow.
- Cooling System: Ensure that antifreeze levels are appropriate to prevent freezing.
- Fluid Levels: Ensure oil, brake fluid, and other essential fluids are regularly topped up.
5. Employee Responsibilities
Employees are expected to exercise caution and follow all company guidelines when driving in adverse weather conditions, including:
- Pre-journey Risk Assessment: Before starting a journey, employees should assess the weather forecast and road conditions. If adverse weather is forecasted, employees should ensure they are familiar with the route and any potential hazards (e.g., road closures or areas prone to flooding or snow).
- Speed: Employees must reduce speed to match road conditions. This includes slowing down when visibility is poor, when roads are slippery, or when wind gusts are strong.
- Vehicle Control: Drivers must maintain full control of the vehicle at all times. If driving in snow or ice, employees should be particularly cautious of sudden steering or braking.
- Visibility: Ensure that windows and mirrors are fully clear before driving, using demisters and wipers as necessary. Drivers should use fog lights when visibility is significantly reduced (but switch them off when visibility improves).
- Distance: Maintain a safe stopping distance from the vehicle in front, particularly when roads are wet, icy, or snow-covered. In some cases, this distance may need to be doubled or tripled depending on the weather.
- Emergencies: Employees should carry an emergency kit in the vehicle, including items such as a torch, warm clothing, food and water, a blanket, and a phone charger.
6. Training and Awareness
The company will provide regular training on driving safely in adverse weather conditions. This training should cover topics such as:
- Recognising adverse weather hazards.
- Appropriate driving techniques for ice, snow, rain, fog, etc.
- How to handle skids and other emergencies caused by weather-related factors.
- Awareness of the legal requirements and company policies regarding driving safety.
Additionally, employees will be made aware of how to report unsafe driving conditions or vehicles that may not be suitable for use in adverse weather.
7. When Not to Drive
In cases of extreme weather, employees are encouraged to avoid driving altogether. This may include:
- Snowstorms, where visibility is almost zero.
- Flooded roads, which may pose a risk of losing control or becoming stranded.
- High winds that could destabilise vehicles, particularly high-sided vans or vehicles.
- Extreme temperatures where the vehicle’s reliability could be compromised.
Employees should contact their line manager if they feel it is unsafe to drive due to the weather conditions. The company will assess the situation and provide guidance on rescheduling or alternative transport.
8. Journey Planning
- Postponement or Rescheduling: If adverse weather is predicted, employees should, where possible, arrange alternative times for travel or consider using alternative transportation methods such as public transport.
- Route Selection: Plan routes in advance, taking into account road closures, diversions, or areas more prone to flooding, snow, or ice. When possible, avoid areas known for poor weather or difficult driving conditions
Driving in adverse weather conditions requires careful consideration and proper preparation. Both the company and employees have responsibilities to ensure safe practices and compliance with UK and ROI legislation. Regular vehicle maintenance, driving awareness, and practical risk management are critical to preventing accidents and ensuring safety on the road.
Employees who feel that they are not adequately prepared for driving in adverse weather should immediately report the issue to their line manager for assistance, including rescheduling the journey or providing appropriate training or equipment.
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Passengers
For safety and insurance reasons, under no circumstances are employees permitted to allow unauthorised passengers in any vehicle being used for work purposes. Employees are not permitted to pick up hitchhikers in a company vehicle, and employees using their own vehicles for work are not permitted to pick up hitchhikers while driving on company business.
The driver of the vehicle is responsible for the safety and conduct of everyone in their vehicle. If the carrying of passengers is permitted by management, the number of legally permitted passengers is not to be exceeded in that vehicle and seat belts must be used, unless medical exemption certificates apply.
The carriage of children, dogs or any other animal in a vehicle being used for work purposes is not permitted.
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Smoking
Smoking and vaping in company vehicles is strictly prohibited, in line with current UK and Republic of Ireland (ROI) legislation. This policy aims to protect the health and wellbeing of employees, maintain a clean and professional environment in company vehicles, and ensure compliance with the legal requirements regarding smoking and vaping in enclosed spaces.
Legislation
- United Kingdom (England, Wales, Scotland, and Northern Ireland)
- Health Act 2006 (UK): Smoking in enclosed public places, including company vehicles used by more than one person, is prohibited. Company vehicles are considered “workplaces,” and the law mandates that smoking is not allowed in any enclosed space that is used by more than one person, except for private cars.
- The Smoke-free (Private Vehicles) (England) Regulations 2020: In England, smoking in a private vehicle with anyone under the age of 18 is banned, but this does not apply to vehicles used exclusively by one person.
- Vaping: While vaping is not strictly banned by the same legislation as smoking, it is considered best practice to prohibit vaping in company vehicles to prevent exposure to potentially harmful substances and to ensure the comfort of all employees.
- Republic of Ireland (ROI)
- Public Health (Tobacco) Act 2002: In Ireland, the smoking ban applies to workplaces, including company vehicles, if they are used for work purposes by more than one employee. Smoking is prohibited in all enclosed workspaces.
- The Smoke-Free Environment (Vaping) Regulations 2021: As of the most recent regulations, vaping in the workplace is also discouraged, even though it is not banned in the same manner as smoking. Employers are advised to treat vaping in the same way as smoking, due to potential health risks.
- Public Health (Tobacco) (Amendment) Bill 2021: This bill is intended to further regulate the use of tobacco and nicotine products, including vaping. Employers are encouraged to adopt a zero-tolerance approach to vaping in company vehicles, considering it as part of the workplace environment.
Company Vehicle Use
- Prohibition: Employees must not smoke or vape in any company vehicle, whether it is shared or used by one person. This includes all forms of smoking (cigarettes, cigars, etc.) and vaping (e-cigarettes and other nicotine delivery systems).
- Vehicle Designation: If a company vehicle is used solely by one employee for personal use and no other person enters the vehicle during working hours, smoking and vaping may be permitted at the individual’s discretion. However, this is strongly discouraged due to the potential health risks and residual odours that may affect future use by other employees.
- Employee Compliance: Employees must comply with the smoking and vaping ban in all company vehicles at all times, regardless of the vehicle’s usage or location.
- Designated Smoking Areas: Employees should be advised to use designated smoking areas when required to take a break or during longer journeys where they may need to smoke or vape. This will help prevent damage to the vehicle and ensure compliance with smoke-free workplace laws.
Consequences of Non-Compliance
Any employee found to be in violation of this policy may be subject to disciplinary action, including but not limited to:
- A formal warning.
- Temporary suspension from vehicle use.
- Termination of employment in extreme cases.
The severity of the action will depend on the frequency of the violation, the context of the breach, and the impact on the company and other employees.
Health and Safety Considerations
- Air Quality: Smoking and vaping can significantly reduce air quality inside a vehicle. Exposure to secondhand smoke or vapour can cause discomfort and potential long-term health risks for other employees who may need to use the vehicle.
- Fire Safety: Smoking in company vehicles increases the risk of fire. The presence of ash, lit cigarettes, or even e-cigarette devices with faulty batteries can cause accidents or damage.
- Vehicle Cleanliness: Smoking and vaping inside company vehicles can leave lingering odours and stains that may be difficult to remove. This can affect the professional image of the company, as well as reduce the resale value of the vehicle.
Employee Responsibilities
Employees should:
- Ensure they do not smoke or vape in any company vehicle.
- Be mindful of others’ health and comfort while using company vehicles.
- Report any violations of this policy to their manager or the HR department.
Training and Awareness
Employees will be informed of this policy during their induction, and periodic reminders will be provided through internal communications. All employees are encouraged to familiarise themselves with the policy and ask questions if they are unclear about any aspect of the smoking and vaping regulations.
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Fines And Penalties
Any employee who is caught and prosecuted by the police for unsafe and dangerous behaviour while driving a vehicle for work, will be responsible for any fines, administration charges and subsequent penalties imposed. Parking fines are the responsibility of the driver and not the employer. Licence endorsements may affect the insurance of the driver concerned and mean they are unable to continue driving on behalf of PCE Automation.
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Breakdowns, Punctures And Glass Repair
In the event of a breakdown, puncture, or damage to the vehicle’s glass, all drivers are required to follow the appropriate procedures to ensure safety and minimal disruption to their work activities. The company is committed to maintaining the safety and operational readiness of all company vehicles, in line with the requirements set out by UK and Republic of Ireland legislation.
Breakdown Procedures
If a vehicle breaks down while in use for company business, the driver must immediately notify their line manager or designated contact person. They must follow the steps outlined below:
- Ensure Safety: If possible, move the vehicle to a safe location away from traffic. Turn on the hazard lights and engage the handbrake.
- Contact Breakdown Assistance: The vehicle’s breakdown assistance contact numbers can be found in the glovebox of the vehicle. This contact service will provide support in the event of a mechanical failure or breakdown. The driver should call the relevant breakdown service and provide details of the issue, location, and any other required information.
- Stay Inside the Vehicle: Where possible, the driver should remain inside the vehicle with their seatbelt fastened until assistance arrives. If the vehicle is on a busy road or motorway, it is advisable to remain inside the vehicle for safety reasons, particularly if there is a risk of passing traffic.
- Follow Legal Requirements: In line with the UK’s Road Traffic Act 1988 and Road Safety Authority (RSA) guidelines in the Republic of Ireland, drivers are required to ensure that the vehicle is roadworthy at all times. If the breakdown involves a mechanical fault that could affect the safety of the vehicle or others, the vehicle should not be driven until the fault is rectified.
Punctures
If a puncture occurs while driving a company vehicle, the driver must follow these steps:
- Safely Stop the Vehicle: Pull over to a safe location away from traffic, and turn on hazard lights.
- Assess the Damage: If the vehicle is equipped with a spare tyre, the driver may use the tyre repair kit (if available) or spare wheel to replace the punctured tyre. If not, or if the driver is unsure of how to safely repair the puncture, they should contact the breakdown assistance number found in the glovebox.
- Contact Breakdown Assistance: If the vehicle is unable to be safely driven, the driver should contact the breakdown assistance service for further guidance.
- Follow Legislation: In accordance with UK and ROI health and safety regulations, drivers must ensure that any defective or damaged tyres are reported, and the vehicle is removed from service if necessary until the issue is rectified.
Glass Repair
In the event of damaged glass (windscreen, side window, or rear window), the following procedures should be followed:
- Assess the Damage: If the glass is cracked or chipped but does not impede the driver’s visibility, the vehicle may still be used, but the damage should be reported as soon as possible to the fleet manager or relevant contact person.
- Temporary Repairs: For minor chips or cracks that do not obstruct the driver’s view, temporary repairs may be possible using a glass repair kit available in the vehicle. The kit should only be used if the damage is minor, and a permanent repair should be arranged at the earliest opportunity.
- Contact a Professional Service: If the damage is substantial or compromises the safety of the vehicle (e.g., large cracks, shattered glass), the driver should immediately stop driving and contact the breakdown assistance service listed in the glovebox. A professional service will be dispatched to assess the damage and arrange for glass repair or replacement.
- Legal Requirements: Under UK Road Traffic Act 1988 (section 42), it is a legal requirement that all vehicle windows and windscreens must be kept in good condition. If the damage to the glass impairs the driver’s visibility, the vehicle must not be driven until repaired. Similarly, the Republic of Ireland enforces regulations under the Road Traffic (Construction, Equipment, and Use) Regulations, where visibility must not be obstructed by damaged glass.
- Insurance Coverage: Glass repair or replacement is covered under the company’s vehicle insurance policy. The driver must report any glass damage to the fleet manager as soon as it occurs, and any repair costs will be processed through the company’s insurance.
Documentation and Reporting
All breakdowns, punctures, and glass repairs must be logged in the vehicle’s maintenance book, located in the glovebox. The following details should be recorded:
- Date and time of the incident
- Nature of the breakdown or damage
- Actions taken (e.g., temporary repair, breakdown service contacted)
- Any subsequent repairs or replacement carried out
This documentation is required to ensure compliance with company health and safety policies and the legal obligations set out in the UK and ROI road traffic laws. All incidents should be reported to the fleet manager within 24 hours of occurrence.
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Damage Or Theft While Parked
The purpose of this section is to outline the responsibilities of employees who use company vehicles in relation to damage, theft, or any other incidents that occur while the vehicle is parked. This policy ensures compliance with UK and Republic of Ireland (ROI) legislation and mitigates risks associated with the loss or damage to company property.
Legislation Compliance
In both the UK and ROI, employers have a legal duty of care under health and safety legislation, specifically the Health and Safety at Work Act 1974 (UK) and the Safety, Health and Welfare at Work Act 2005 (ROI), to protect employees and prevent harm arising from the use of vehicles for work purposes. This includes securing vehicles and ensuring they are parked in safe, risk-free areas when not in use.
Employee Responsibilities
- Secure Parking Location
- Employees must ensure that company vehicles are parked in secure, well-lit areas whenever possible. Ideally, vehicles should be parked in private or designated company parking facilities or secure parking lots.
- If parking in public areas or on the street is unavoidable, vehicles should be parked in locations with high visibility and foot traffic, reducing the risk of theft or damage.
- Vehicle Locking
- All company vehicles must be locked when left unattended, with all windows and doors fully secured. This includes ensuring that any valuables or equipment inside the vehicle are either removed or securely hidden out of sight to prevent theft.
- Valuables and Equipment
- Employees are required to remove or secure any items of significant value left in the vehicle, including but not limited to:
- Laptops
- Mobile phones
- Company documents or sensitive data
- Tools or equipment used for the employee’s duties
- Failure to remove valuables may be considered a breach of duty and could impact the employee’s responsibility for any loss.
- Incident Reporting
- In the event of damage or theft, employees must report the incident immediately to their manager, the fleet manager, or other designated personnel as per the company’s reporting procedures.
- Employees are required to file a police report if the vehicle is stolen or vandalised. A copy of the police report must be submitted to the company for insurance and legal purposes.
- Insurance and Liability
- The company’s insurance policy typically covers damage or theft of company vehicles. However, employees may be liable for the excess or in cases of negligence.
- If it is determined that the employee was negligent in securing the vehicle (e.g., leaving the vehicle unlocked, leaving valuables in plain sight), the company reserves the right to seek reimbursement for costs incurred from damage or theft.
- Employee Safety
- In situations where damage or theft occurs, the employee must take necessary precautions to avoid personal harm, including contacting the authorities for assistance and reporting the incident safely.
- Reporting Maintenance Issues
- Employees must promptly report any known mechanical or safety issues with the vehicle that may increase the risk of damage while parked. This includes issues such as faulty locking mechanisms, broken windows, or other security-related malfunctions.
Risk Mitigation Strategies
- Park in Well-lit, Secure Areas Employees are encouraged to park vehicles in areas with good lighting and ideally with security measures such as CCTV or security patrols. If a company vehicle must be parked overnight, the employee should aim to park in a facility with secure fencing and restricted access to minimise the risk of theft.
- Regular Inspections The company may implement regular inspections to ensure vehicles are maintained to a high standard and that safety features, such as alarms, are functioning correctly.
- Driver Awareness Training Employees will be provided with training on how to protect company vehicles from theft or damage, including best practices for parking, securing vehicles, and identifying risky parking situations.
Consequences of Non-Compliance
Failure to adhere to the company’s parking and security procedures may result in disciplinary action. This could include a warning, loss of the privilege to drive company vehicles, or financial responsibility for the costs of repairs or replacement if negligence is determined. Severe breaches may lead to further action as outlined in the company’s disciplinary policy.
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Collisions
In the event of a collision while driving a company vehicle, the following requirements must be adhered to, in line with UK and Republic of Ireland (ROI) road safety laws and company procedures:
1. Immediate Actions at the Scene of a Collision:
- Ensure Safety: Immediately check for injuries to yourself and any other parties involved in the collision. If it is safe to do so, move the vehicle to the side of the road to prevent further accidents.
- Call Emergency Services: If there are injuries or damage to property, contact the emergency services by dialling 999 (UK) or 112 (ROI). Ensure an ambulance is called if there are any injuries.
- Exchange Details: Exchange names, addresses, insurance details, and vehicle registration numbers with any other parties involved in the collision. You must also provide details to any police officers attending the scene.
- Document the Incident: Record all relevant details about the incident, including the time, date, location, and any contributing factors. Take photos of the scene, vehicle damage, and any relevant road conditions or hazards.
- Do Not Admit Fault: While it is important to be polite and co-operative, never admit fault for the collision at the scene. The determination of liability will be made by the relevant authorities or insurance provider after a thorough investigation.
2. Reporting the Collision to the Employer:
- Timely Notification: Employees must inform their line manager or the designated Health and Safety Officer within 24 hours of any collision involving a company vehicle, regardless of whether it resulted in damage or injury.
- Incident Report: A formal incident report should be completed, detailing the circumstances surrounding the collision, vehicle damage, and any injuries. This report will be used for internal review, insurance purposes, and potential legal actions.
3. Legal Requirements Under UK and ROI Law:
- Insurance Compliance: All company vehicles must be insured in compliance with the Road Traffic Act 1988 (UK) or the Road Traffic Acts (ROI). The employee involved in the collision must assist the employer in ensuring that any claim is processed through the appropriate channels.
- Road Traffic Offences: If the collision results in a road traffic offence, such as dangerous driving or driving under the influence, the employee must be prepared to cooperate with the police and follow all legal procedures. Employees must inform their employer immediately if they are involved in a legal investigation or proceedings related to a collision.
- Driver Licences and Penalty Points: If the collision results in the employee receiving penalty points on their driving licence, they are required to notify their employer immediately. Employees must ensure that their driving licence is valid, and they are legally permitted to drive while carrying out work-related duties.
4. Post-Collision Evaluation and Follow-Up:
- Vehicle Inspection: After any collision, the vehicle involved must undergo an inspection by the employer or an authorised mechanic to assess damage and determine whether the vehicle is safe to continue operating. The vehicle should not be driven until cleared.
- Driver Fitness: Depending on the nature of the collision, the employee’s fitness to drive may be assessed. If the employee is deemed unfit to continue driving for health or psychological reasons following the incident, temporary reassignment to other duties may be required.
- Insurance Claims: The company will facilitate the insurance claims process, ensuring that all necessary documentation is submitted to the insurance provider. The employee involved must cooperate fully with the claims process and provide any information requested by the insurer.
5. Disciplinary Action for Failure to Report or Compliance:
- Failure to Follow Procedure: Failure to adhere to the procedure for reporting a collision or cooperating in the investigation may result in disciplinary action, up to and including termination. The company will take into account the circumstances of the collision, the severity of any infractions, and whether there was any negligence involved.
6. Training and Preventative Measures:
- Driver Training: All employees who drive company vehicles must undergo regular driver safety training, including defensive driving techniques and legal obligations. This training will be refreshed periodically to ensure compliance with updated road safety legislation and best practices.
- Collision Review: Following a collision, the company may conduct a review of the incident to identify any patterns or areas of concern. This could include the driver’s skills, the vehicle’s condition, or external factors such as road safety issues. Corrective measures, such as further training or changes to policies, may be implemented to reduce the risk of future incidents.
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Incident Reporting
All work-related road incidents and near misses (including damage-only ones and ones involving privately owned vehicles when they are used for work) should be reported as soon as it is safe to do so. Prompt and accurate reporting and recording of work-related road incidents, and near misses help to keep employees safe and reduce the likelihood of similar incidents occurring again.
Employees must immediately report any incident involving a company vehicle to their Fleet Manager, regardless of whether it involves damage, injury, or no apparent harm. This includes:
- Accidents (collisions, rollovers, crashes)
- Breakdowns or mechanical failures
- Damage to property or persons
- Injuries to the driver, passengers, or others
- Incidents involving police or emergency services
- Traffic violations (e.g., speeding, running red lights)
Employees must report the incident within 24 hours of the occurrence or as soon as reasonably possible. Delayed reporting could hinder investigation efforts or legal obligations, and may result in disciplinary action.
Steps to Follow After an Incident
a) Immediate Actions
- Ensure Safety: Prioritise the safety of all individuals involved. Move to a safe location if possible, and check for injuries.
- Contact Emergency Services: If there are injuries, contact emergency services immediately (999 in the UK, 112 in ROI).
- Exchange Details: Exchange names, addresses, contact information, and insurance details with any third parties involved in the incident, including witnesses.
- Record the Incident: Take photographs of the scene, damage, and any relevant road conditions, if it is safe to do so.
b) Fleet Manager Notification
- Incident Report Form: Complete an incident report form provided by the company, detailing the nature and circumstances of the incident.
- Provide Information: Immediately inform the Fleet Manager (or designated individual) about the incident, providing all relevant information (e.g., time, location, description, third-party details, damage).
- Document and Submit: Submit the completed form to the Fleet Manager within the required timeframe (24 hours).
c) Provide Additional Documentation
Employees must submit any documents related to the incident (e.g., police reports, insurance claims, third-party witness statements) as requested by the Fleet Manager.
Legal Requirements
a) UK Legislation (The Road Traffic Act 1988)
Under the Road Traffic Act 1988, drivers involved in an accident are required to:
- Stop at the scene and exchange details.
- Provide their name and address, as well as the details of the vehicle (e.g., registration number).
- If the incident results in injury or death, the police must be notified immediately.
- Failure to stop or failure to report an accident is an offence under UK law and can result in penalties, including fines or imprisonment.
b) Republic of Ireland Legislation (The Road Traffic Act 1961)
Under the Road Traffic Act 1961, the driver must:
- Stop and provide their name, address, and insurance details to any injured parties or law enforcement.
- Report the incident to the police if there are injuries or property damage.
- Failure to report an accident within 24 hours is an offence under Irish law and may result in prosecution.
c) Insurance and Liability Considerations
Employees must be aware that reporting incidents promptly helps to meet the company’s insurance obligations and ensures that the company can meet any legal or financial liabilities resulting from accidents. Failure to report within the legal timeframe may result in personal liability for damages or injuries, as well as disciplinary action by the company.
Investigations and Disciplinary Actions
Following an incident, the Fleet Manager will investigate the circumstances, including reviewing the incident report and any supporting documentation. If the driver is found to have been in violation of company policy or legal requirements, appropriate disciplinary actions will be taken, which could include retraining, suspension of driving privileges, or dismissal, depending on the severity of the breach.
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Grey Fleet Drivers
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In the context of a Driving for Work Policy, a Grey Fleet refers to employees or workers who use their personal vehicles for work-related purposes. These vehicles are not owned, leased, or provided by the employer but are used by employees for tasks such as business travel, client visits, or transporting equipment. The term “grey fleet” arises because these vehicles sit between the employer’s own fleet (which is clearly defined and maintained) and the vehicles used solely for personal purposes.
Grey Fleet vehicles can be any private car, van, or other vehicle that is not part of the employer’s official fleet, and their use can pose risks for both employers and employees if not properly managed.
Legal and Compliance Requirements in the UK and ROI
Both the UK and Republic of Ireland (ROI) have specific laws and guidelines regarding the use of grey fleet vehicles for work purposes. Employers must be aware of these requirements to ensure that they comply with road safety, insurance, and other relevant laws.
1. Vehicle Insurance
UK:
- Employees using their personal vehicles for work purposes must have the appropriate level of insurance. In the UK, this is known as business use insurance. Employees must inform their insurance provider that their vehicle will be used for work purposes. Standard personal insurance policies typically cover only social, domestic, and pleasure use. Failing to inform insurers can lead to invalidation of claims or even criminal charges.
ROI:
- Similar to the UK, in the Republic of Ireland, employees must ensure their personal vehicle is insured for business use. The insurance must cover all work-related activities, and failure to update the policy can result in legal consequences or the employee being financially responsible for any accidents.
2. Vehicle Maintenance and Roadworthiness
UK and ROI:
- Employers have a responsibility to ensure that employees driving grey fleet vehicles are operating vehicles that are safe and roadworthy. Both UK and ROI law require that vehicles be regularly maintained and undergo necessary inspections to remain in a legal and safe condition. Employers should require employees to submit proof of regular maintenance and MOT (in the UK) or the equivalent in Ireland.
- UK: Employees should provide evidence that their vehicles are roadworthy and have a valid MOT certificate (if applicable) for vehicles over three years old.
- ROI: Similarly, vehicles must have an NCT (National Car Test) certificate if over a certain age.
Employers should also ensure that employees are checking their vehicles regularly for safety issues such as tyre pressure, oil levels, lights, and brakes.
3. Driver Licenses and Qualifications
UK:
- Employees who drive grey fleet vehicles must hold a valid driving licence for the category of vehicle they are driving. Employers should regularly check the validity of employee driving licences to ensure compliance with UK law.
- Employers should also be aware of the driver’s penalty points, as some employees may not be legally entitled to drive under certain circumstances, such as having excessive penalty points on their licence.
ROI:
- In Ireland, employees must also hold a valid driver’s licence, and employers should verify that it is appropriate for the vehicle being driven. Employers should maintain records of employee licences and ensure their validity.
4. Duty of Care and Health and Safety
UK and ROI:
- Employers have a duty of care to ensure that employees are safe while driving for work, which extends to the use of grey fleet vehicles. This includes ensuring that:
- Employees are fit to drive (e.g., not under the influence of drugs or alcohol).
- The vehicle is safe for use.
- The driver is adequately trained and competent.
- The driver is aware of road safety procedures, including the risks of long-distance driving, driving tired, or distracted driving.
Employers should also ensure that employees are provided with any necessary support for maintaining safe driving, including training or access to safe driving initiatives.
5. Health and Safety Executive (HSE) Guidance
UK:
- The Health and Safety Executive (HSE) in the UK recommends that employers adopt a formal risk management system for employees using grey fleet vehicles. This includes carrying out risk assessments, ensuring that employees meet certain health standards, and providing regular reviews of vehicle usage.
ROI:
- In Ireland, the Health and Safety Authority (HSA) provides similar guidance for businesses using grey fleet vehicles. Employers should undertake risk assessments and ensure that the safety of employees and other road users is not compromised.
6. Record Keeping and Reporting
UK and ROI:
- Employers should maintain records for all employees who use grey fleet vehicles for work purposes. This includes records of insurance, maintenance, driver licence validity, and health and safety checks. These records are crucial for compliance and to defend the employer in the event of an incident or accident.
Employers should also have a reporting system in place for employees to notify the company of any incidents, accidents, or changes to their driving status (e.g., changes to their insurance, licence status, or vehicle condition).
7. Environmental Considerations
UK and ROI:
- Employers are encouraged to consider the environmental impact of using grey fleet vehicles, particularly concerning carbon emissions and fuel efficiency. There are initiatives available, such as promoting the use of electric vehicles or more fuel-efficient models, that can reduce the overall environmental footprint of a grey fleet.
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Policy Queries
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If there is anything in this policy document that you do not fully understand, or would like clarification on, please contact the fleet manager or the policy owner.
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