Duty of Care
In the UK, in April 2008, the Corporate Manslaughter Act was strengthened to target company directors as well as their drivers in cases of road deaths involving vehicles used on business. The Police have said they now treat every road death as ‘an unlawful killing’ and have the power to seize company records and computers during their investigations. They will bring prosecutions against company directors who fail to provide clear policies and guidance for their employees driving at work. Directors and business owners may not be aware that privately owned vehicles used for business journeys are treated exactly the same as company owned vehicles. Directors have an equal responsibility under the law to ensure these vehicles are also roadworthy and correctly insured. It is vital that every company has a ‘Driving at Work’ policy in place covering every element of their business vehicle operation, no matter how few vehicles are involved and who owns them. Every employee driving for business be required to sign up to the policy. In this way the directors can reduce the risk of being prosecuted and a possible custodial sentence.
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