Johnnytheboy: "I've got nine guys and ten vans under me. Just my ten penneth on the above:
We've done risk assessments (waste of time IMHO)": What do you assess? What actions do you take as a result of those assessments or are they just filed? And are you competant to carry out risk assessements? (not a personal attack but many companies that I investigate accidents for all have RA's for the tasks that led to an accident but by someone who is not competant to carry out RA's, and have not carried out any actions resulting from RA's).
"We don't check eyesight or medical (we don't really feel it's our job - that's why they have driving licences )": Driving licences do not mean a person has correct eyesight, and for other safety related items DSE, confined spaces, chemical processes there is a requirement on the employer regarding eyesight/medical.
"They are meant to carry out weekly checks": Given that a driver does not need to know how to carry out basic checks to pass the driving test and that many drivers do not know how to carry out basic checks, it would not be considered reasonable to expect them to know how to carry out reasonable checks, likewise as an employer you have a duty of care and a requirement to provide Necessary Information, Instruction, Training and Supervision (Management Regs).
"We only allow use of own cars when going directly to/from a site from home, which isn't (I'm told) business use." You have been advised possibly incorrectly, if the employee cannot do that journey without a car or they can claim mileage then they are deemed to be 'at work'.
"We check driving licences annually." Most companies that do check licences do an annual check but given that a driver can get a ban in a week it is not a credible legal defence if one of your drivers commits an offence on company business, the better setups usually have a declaration to be made on thier weekly/monthly mileage/expenses returns to the effect of 'I have not knowingly commited any offences under the Road Traffic Act in the last week/month, should any offence come to my knowledge I will inform HR/Line Manger asap" and a quarterly licence check is conducted.
"I also print out Dorset's list of mobile sites for the week ahead. Would do for Hants, where most of our clients are, but the info is not posted (?)": Reasonable but can be viewed with suspicion, have advised clients that any lists are headed 'Accident Blackspots' rather than 'Camera Locations' a slightly more acceptable view if it is seen in court.
Sorry if this seems as a dig but what you've listed is a fairly typical response from many companies that I advise. Most company car policies that I view all hammer home the drivers duties under the Road Traffic Act but fail to mention the employer's duties under H&S law such as the Mangement Regs, Provision and Use of Work Equipment Regs (especially relevant where the company provides the vehicle), in essence the policy tries to shift the onus onto the employee/driver.
There is already sufficient legislation under Road Traffic Law and H&S Law but the enforcement, especially joined up enforcement is lacking. The Police viewed it as the HSE's job as it was work related, and the HSE viewed it as the Police's job as they had personnel trained to investigate RTA's.
In recent years The HSE did start to get more involved but have since had funding cut for occupational road safety and the DfT after many years of doing Sweet FA, have recently told the HSE 'Hands Off' it's our domain.
Capri2.8i both your posts sum up several key points, I have investigated several accidents where tiredness is a key factor - the employee has had a two-three hour journey to site/client has carried out a full days work and then has a two/three hour drive home, we don't allow a HGV driver to do that but companies are content to have a car driver do that.
The company I work for has a few quirks that I'm working on them for, but they do insist that if you have more than a two hour drive home after a full day, then you have the option of an overnight stay, since doing that there has been a significant fall in accidents and damage to vehicles.
I know of a friend who's employer requires all employees to undertake defensive driver training (at the companies cost in company time), before they are allowed to have a company car, this training also includes basic mechanical checks. Again they have a lower than industry accident rate, they also have better rates from their lease company as cars that get checked properly are in a better state mechanically as repairs & maintenance gets doen at an early stage rather than when it is at a major stage or after an accident.
As well as being part of my job this is also a pet subject of mine after a previous employer gave me five unroadworthy cars in a row, one had a fault that couldn't be detected by drivers checks, but would have been found if it had been serviced. Having your brakes just lock up without warning when you are doing 70ish on the M25 is a hairy experience (it scared the hell out of me and the guy following, thank god he was keeping a sensible distance).
Here's some links to sites I've given to clients for further info:
http://www.lboro.ac.uk/departments/cd/d ... w/ergo.htm
http://www.cranfield.ac.uk/university/p ... 12005a.cfm
http://www.iamfleet.com/
http://www.orsa.org.uk/
http://www.hse.gov.uk/roadsafety/index.htm
http://www.hse.gov.uk/roadsafety/employers.htm
http://www.hse.gov.uk/pubns/indg382.pdf
PS: If anybody wants I do have some HSE and RoSPA documents on occupational driving.
PPS: Sorry about the long post !!

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