There is a misconception that if a driver opts out of a company car scheme then the employer is released from any responsibility for that driver’s health and safety. It simply isn’t true.

The employer’s liability is no different for employee owned vehicles, which treats a car used on company business as a ‘place of work’. Employers still have duty of care, although clearly this duty becomes more difficult to deliver when the car is owned by the employee.

However, companies must spell out their drivers’ obligations and must take reasonable steps to ensure compliance.

Issues that must be understood by drivers would include checking driving licences, guidelines on using mobile phones and the obvious requirements for keeping the vehicle in roadworthy condition. Companies should document this information as part of their car policy and communicate it clearly to drivers.

Apart from the obvious duty of care that employers have under the Health and Safety Act there is also the threat of Corporate Manslaughter following a landmark case involving an exhausted driver. He was involved in a fatal accident and two directors of the haulage company concerned were convicted of manslaughter for being grossly negligent.

We believe that personnel policies need to be tightly drawn and widely circulated to ensure that any driver using their car on company business has a clear statement on:

- the number of hours that they can drive, the condition of the car being used on company business, the insurance cover required to use the car for company business and any other legal or safety related issues.