Warning to employers following new motoring offences
Jan 1, 2010
There have been warnings to employers from a leading barrister following the introduction of tougher punishments under new Road Safety Act laws. The legislation which came into force on 18 August 2008 means that drivers who kill while distracted by an avoidable activity could face up to 5 years in prison. Previously the penalties for death by careless driving had been a maximum fine of £5 000 and penalty points on their licence.
The “avoidable activities” include calling or texting on a mobile phone; drinking or eating; adjusting satellite navigation equipment and applying make-up.
The warnings to employers are that drivers may choose to deflect responsibility from them onto their employer. Employers could be accused of imposing workloads that force drivers to rush, to make business calls when driving or to drive when tired.
The advice to employers is to review their company’s driving policies. Wilby Risk Management has introduced a Fleet Risk Management Service aimed at supporting employers in this area. The services include auditing of a company’s driving policies, a bespoke driving at work policy, on-line assessments and driver training.
