A "Company Vehicle" is a Business Vehicle...

A Company Vehicle the Authorities see as any Vehicle used for Company Business. Vehicles Duty of Care see Vehicle, Business and Company as ONE!

The term Company Vehicle has nothing to do with who owns the vehicle or how it is funded and there are many variations:-

• Company owned outright

• Company owned but leased, Lease Purchase, Hire Purchase etc.

• Company rental from Hertz, Avis, Budget etc.

• On approval, loaned from manufacturer, dealership, repair garage etc.

• Employee owned outright

• Employee owned but on finance etc.

• Employee “borrowed” i.e. family member, friend etc.

Love them or hate them about 3 million vehicles are registered each year in the UK, 60% of which are registered to companies.

The Vehicles Duty of Care Manager looks upon all the above as just vehicles. In his/her eyes they only become Company Vehicles when any of them are used on Company Business.

The Police, Courts, HSE and Insurance Companies just ask a simple question was the vehicle being used on business? If they decide the answer is yes then any action or proceedings they take against the vehicle and driver can now include the company or organisation on whose business the vehicle was being driven.

The problem a Vehicles Duty of Care Manager faces with this is lack of education on the subject and a complacency of what is happening right under your own nose. A perfect example of this concerns a financial administrator (appointed VDOC Manager) of one of the organisations we now visit on a regular basis. The employee owned their own car and on occasions gave one of their colleagues a lift home. The colleague usually walked and as part of their daily routine posted any office letters in the post box which was on her way home. We happened by chance to be in their office at the end of the day when they were leaving and pointed out to them that even a thing as simple as a few company letters carried by a passenger made the Financial Administrator and their organisation liable as; a) they only had SD&P insurance; b) the vehicle was not an approved vehicle and if stopped for anything concerning the vehicle and it was proven (defective tyre-CU30 etc.) the organisation and its officers were liable. We believe this sort of simple, take it for granted; incident happens every day in more than 50% of all UK registered companies or organisations!

We were looking for a photograph to illustrate how 99 times out of 100 nothing ever happens as you paddle along in life not taking notice or being aware of duty of care or negligence. Ignorance may be bliss but it is no defence under the law! Read some real cases, they illustrate life as graphically as this photograph does, the dangers at work we are often not aware of but should have risk assessed!

“All may seem fine on the surface but be prepared for the unexpected”

VDOC – Vehicles Duty of Care Golden Rule

Company Vehicles means ANY Vehicles used on ANY Company Business. No matter how the vehicles are owned or funded, if and when driven on company business they will be viewed by the company as company vehicles and must be on your Company Vehicles Duty of Care Lists.

You must include these points as part of you organisations vehicle duty of care policy and explain them clearly in you Company Vehicle Duty of Care Handbook. We include an extract from an actual handbook in company use to illustrate how it might be worded.

““Company Vehicle” means any vehicle used on company business. No matter how the vehicle is owned or funded, when driven on company business it will be viewed by the company as a company vehicle and must be treated as such by the driver.

The Company's policy is to provide employees with a vehicle when it is required to enable them to perform their duties. The provision is primarily that of a necessary working tool for the job. Incidental to the provision of a vehicle the employee is allowed private use of the vehicle as long as the correct vehicle and insurance approval has been obtained from the VDOC Manager responsible for the Car Policy Document.”

N.B. Vehicles Duty of Care Managers risk assess your workplace. Are any vehicles big or small on two wheels or four being used safely or likely to be used for any length of journey on behalf of you company? After any incident you can be sure the authorities will ask that question and their next one will be – DID YOU?

VDOC – Vehicles Duty of Care Golden Rule

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