Q. I have recently acquired the role of ‘fleet manager’ at my company in addition to my ‘real’ job. I have been reading about Corporate Manslaughter in the ‘fleet press’ and how I may be liable if one of our drivers was responsible for the death of another in a traffic incident; can you help me please?
A. You need to ask your self a couple of questions here and they are quite simple.
Firstly, do you and your drivers comply with all legal requirements with regards to Driving Licences, Insurance, Vehicle maintenance (reactive and proactive), Driver’s Hours (including Driver Wellbeing) along with risk assessments and have comprehensive records to demonstrate this?
Secondly, do you have robust policies in place that all that those drive on company business are familiar with, including a Driver Handbook?
If you can answer yes to both of the above then I would suggest that you have done everything that is reasonably practicable to manage the risk of being involved in a Corporate Manslaughter case.
There are many organisations that can support you on the above which would make your life much simpler, it is all standard stuff and you shouldn’t have to pay a lot for this service and indeed, expertise.
I would also add that training all those that drive a vehicle, on behalf of your company, regardless of ownership, would help with this matter too and would save you enough money in the running of your fleet to pay for all of the above services! In summary, by engaging the right third party provider you manage your Duty of Care and Legal obligations free of charge!
It will also free you up to do your ‘real’ job.
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