Driver Safety

legal_updates

Driving is covered by the Health and Safety at Work Act 1974

Author: Roxanne Bradley
Published:
Reading time: 2 minutes

This article is 5 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Over 500 deaths per year are caused by work related driving and this can therefore be on of the riskiest activities for businesses. 

Driving is covered by the Health and Safety at Work Act 1974 which means as an employer, you must do what is reasonably practical to protect your employees and others from harm. This will include carrying out risk assessments of all work activities and implement risk control measures which the assessment has been shown to be necessary.

All drivers must ensure they are fit to drive, have the right licence and insurance and are satisfied that the vehicle is roadworthy.

As an employer, the minimum you have to do for the duty of care of your employees is:

·          undertake a risk assessment of driving activities

·          include driver safety in the health and safety policy

·          avoid scheduling type of work which causes excessive tiredness or encourages speeding

·          ensure vehicles are suitable for the purpose and kept in good order

·          check the employees have a valid licence and they are fit for the job

·          make sure vehicles are insured for the appropriate category of business use

·          encourage adherence to the law on the use of mobile phones* Risk assessments and policies are legally required to be written down if there are five or more employees

There is no legal requirement in regards to additional driver assessment or training programmes.

Roxanne Bradley

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.