Driving for Work

Employers are legally responsible for workers who drive as a whole or as part of their work activities. 

They are also responsible for ensuring that drivers (and accompanying work colleagues) are not adversely impacted by:

• Work activities (driving, manual handling e.g. loading/unloading), 
• Using substances harmful to health (cleaning, topping up fluid levels, refuelling), 
• Their working environment (inside the vehicle, places they drive to, and conditions they drive in).

Its importance

It has been estimated that in 2023, 1 in 3 accidents on the road involved work-related driving. There were also 717,000 prosecutions, with 660,000 of those becoming convictions that year. It stands to reason that some of those would have been drivers at work, but even if they were not at work at the time, a conviction could mean penalty points added to a licence (maybe putting it over the limit acceptable by the company fleet insurer), or even a driving ban (due to the conviction or due to an accumulation of penalty points), which could affect their working life.  

This is why employers must conduct driving license checks to ensure their drivers are not only allowed to continue driving as a part of their living, but are the right calibre of driver to do so. These checks can be done easily online via the DVLA, but only with the driver’s permission, which should be obtained at employment.

From the employer’s viewpoint, if their vehicle or driver was involved in an incident and during the investigation it was learned that the company management had not ensured both the vehicle and the driver were roadworthy, and this contributed to the accident occurring, then the company may well be facing any of a range of offences. These can include:

• Corporate Manslaughter – if there was a death;
• HaSaWA – Section 2 – General duty to the employee;
• HaSaWA – Section 3 – General duty to others who are not employees but are affected by the work activity;
• Road Traffic Act Section 172 – requirement that the registered Keeper inform the Police about the identity of the driver upon request, 
• Vehicle being driven without insurance – because the driver does not have a current driving license, or the insurance was invalidated due to the penalty points tally being greater than permitted by the insurer.

Responsible individuals within the organisation could also be deemed at fault and face:

• Gross Negligence Manslaughter – if there was a death;
• HaSaWA Section 7 – General duty of employees at work;
• HaSaWA Section 37 – Offences of the body corporate;
• RTA offences 

The Grey Fleet 

These are vehicles used for work purposes that belong to workers, typically provided by their employers to facilitate their work activities. 

A couple of quick myths to bust:

• If they use their own vehicle, it’s their responsibility – NO.

If they are working for the company and conducting work activities as an employee, then the employer is responsible for the employee while they are working.

• Company policies only apply to company vehicles – NO.

If company employees are conducting driving activities using their own vehicles with the company’s authority, then the company policies need to include and cater for the fact that privately owned vehicles are in use.

• The insurance of a private car does not concern the business – Yes, it does, if the vehicle is being used on the company’s behalf. 

If an employee is asked to use their own privately owned vehicle, i.e. to take a letter to the Post Office, or attend training offsite in works time, or if for any other reason they are asked to conduct a driving task in their own vehicle, then they are driving for work, and the vehicle must be suitably insured. If it is not, then the employer could find themselves liable for any monies an insurance policy may have covered if it was in place / valid, as expected.

• It is not just the licence and insurance that need checking. 

If the vehicle is old enough (more than three years old) then its MOT status should also be checked. This can be done online via the DVLA.

What are the main risks for any working drivers?

Fatigue – Fatigue is a killer. Drivers must always be fully cognisant – they are in control of a moving vehicle. Dozing at the wheel is not a conscious decision, but realising it is happening and reacting is often the cause of an accident, if the vehicle drifts and suddenly veers back, or changes direction.

Operator Errors – If a driver is in an unfamiliar vehicle, it is the company’s job to ensure they become familiar with it prior to driving, to operate it safely. Training is underachieved in this area, and more needs to be done to ensure that all drivers using a vehicle for business are made familiar with it before they drive it. Just because a driver can drive does not automatically mean they can drive a particular vehicle. For instance, drivers who pass their test in an automatic car cannot legally drive a manual car.

Vehicle suitability – Is the vehicle suitable for the task? This is not about driving ability; this is about what the vehicle is capable of doing. Is it strong enough to carry the weight? Is it large enough for the equipment provided, or does it need to be carried? Is the vehicle right for the sort of terrain it will be driven on?

Electronic equipment use – This is not just about phone use, this is about any electrical gadget in the vehicle – the Satnav, the radio, all of those bits that can be accessed via the media centre. None of these are expected to be used when the vehicle is being driven, or indeed when stationary with the keys in the ignition (which demonstrates an intent to start the engine and legally puts the driver “in charge” of the vehicle). 

Being distracted when driving causes accidents to occur, whether due to chatting, disagreeing with passengers, or listening to a favourite song and singing along. Regardless, attention is being diverted from the main activity the brain should be focused on, which is driving and manoeuvring, likely in traffic, which can be a distraction.

Managing the risks

The best way to manage this is to conduct the required risk assessment “Driving for Work” and put precautions in place to manage the risks, including producing safe working practices regarding the work activities and conducting regular checks of both the driver and the vehicle, regularly.

To avoid accidents, causing harm and facing prosecution, ensure your business complies with Health and Safety and Road Traffic law in 2025, by

• Conducting risk assessments as and when required (prior to undertaking activities). 
• Providing training regarding the risks involved and how to manage them.
• Supervising risk management, as necessary, until competence is demonstrated.
• Formally reviewing risk assessments and associated safe systems of work regularly.
• Updating training provided (toolbox talks, in-house or external formal training).
• Keeping/updating records of all the above processes.

If you need help with this or another Health and Safety issue, please do not hesitate to contact us.