Employers "always responsible for vehicle maintenance"

Employers are almost entirely responsible for the maintenance of vehicles used for work purposes, an expert has warned.

David Faithful, Consultant Solicitor with law firm Lyons Davidson and fleet risk management experts Essential Risk Consultancy, says that although reasonable practicability varies depending on the type of vehicle, if an individual is using a vehicle as a piece of work equipment under the Provision and Use of Work Equipment Regulations 1998, then basically the employer is absolutely liable:  

“From the commercial vehicle point of view because there are often obligations laid down by Vehicle and Operator Services Agency (VOSA) in terms of operators’ licences, etc., then there is a very strictly defined obligation with regard to maintenance because VOSA will carry out inspections.  

“As far as company cars are concerned, if they are used for work purposes but also used for social purposes then the employer will have to give guidelines to the employees as to what the employer is doing in terms of health and safety in relation to maintenance.” 

Faithful’s warning comes in response to a recent case, reported on by Fleet News on its website and Workplace Law in the Driving at Work 2008: Special Report, where a company director accepted responsibility for the death of a worker, who died in a car crash. Warnings about the bald tyres on the work pool car were ignored, and the car eventually burst into flames after hitting a tree, killing both the employee and another person. 

Faithful says pool cars can be a grey area for employers, in terms of liability: 

“Often the employees have no obligation to maintain the vehicle; in such a situation the employer has an absolute obligation to maintain it."

As of 6 April this year, a company can be charged with corporate manslaughter if a worker dies as a result of failings on the part of the employer. Because of this, Faithful believes it is not enough for employers to just check that their drivers have a driving licence and MOT: 

“Not having the right driving licence is a technical offence, but in itself, will not stop incidents occurring from some technical fault in the vehicle.” 

He recommends that employers make sure the safety critical systems are up to speed (things like brakes, steering and tyres) as these are the systems that will come back to bite an employer if they are not maintained correctly.  

To read the full interview with Faithful, download this briefing now »

For more information about work vehicles, Workplace Law has published Driving at Work 2008: Special Report. Click here »