Duty Of Care - Driving License

April 2006

Businesses that provide no guidance to employees who are expected to drive whilst on its business are running unnecessary risks of increased costs, potential injury or prosecution.

Good practice in vehicle fleet management should recognise the wider issues of Duty of Care. Although there is currently little case law, it is clear that the current thrust of Government policy is to consider that employers’ general Duty of Care extends to employees driving as part of their business duties.

So, as a fleet operator, how can you ensure that the minimum legal requirement is being met? By the strict letter of the law, there is no specific requirement for fleet managers to carry out driving license checks. Relying on employees themselves to ensure they have a current and valid driving licence can, however, leave a company severely exposed to legal action through negligence and failing to meet Duty of Care obligations.

Companies have an explicit Duty of Care to all other road users while their employees are driving on company business: ensuring that employees are both able and eligible to drive is of fundamental importance.

All In One Leasing Ltd are primarily concerned with helping you achieve this. All In One will work with YOU to help adopt best practice techniques of which will effectively reduce risk exposure and provide protection to:

• Employees, as they will be driving legally and within their capabilities,
• The employer, as they will be taking all reasonable actions to meet basic Duty of Care responsibilities,
• Shareholders / stakeholders, by reducing the likelihood of legal action against the company, &,
• Other road users, by removing the possibility of them becoming an accident victim of a driver who is neither competent nor qualified to drive a vehicle (and, therefore, not insured).

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