When an employee jumps into their own car to visit a client, attend a meeting, travel between sites or carry out another work-related journey, it can be easy to think that the vehicle is entirely their responsibility.
After all, it is their car.
From a health and safety perspective, however, it is not quite that simple.
Employees who use privately owned vehicles for work are commonly referred to as the “grey fleet.” Where employees are required to drive as part of their work, employers need to consider and manage the risks associated with that driving – even when the organisation does not own the vehicle.
Health and safety law applies to work activities, and driving for work should be managed in much the same way as other occupational risks.
The Health and Safety at Work etc. Act 1974 requires employers, as far as is reasonably practicable, to protect the health, safety and welfare of their employees. Employers also have responsibilities towards other people who may be affected by their work activities.
The Management of Health and Safety at Work Regulations 1999 require employers to assess significant risks arising from work activities and put suitable controls in place. This means an employer cannot simply assume that because an employee owns the vehicle, everything associated with driving it is the employee’s responsibility.
A suitable system should consider three key areas:
- The driver: are they legally entitled, competent and fit to drive?
- The vehicle: is it legal, roadworthy and suitable for the journey?
- The journey: has it been planned so that unnecessary driving risks are reduced?
What Should Employers Check?
Where employees are permitted to use their own vehicles for business journeys, employers should establish a clear procedure for approving and periodically checking drivers and their vehicles.
- Employees should hold a valid driving licence appropriate for the vehicle they are driving.
- Employers should consider periodically checking driving licences rather than relying solely on employees to confirm that they have one.
- Employees should also be required to report relevant changes, including driving convictions, disqualifications or restrictions that could affect their ability to drive for work.
One of the most commonly overlooked areas is motor insurance.
An employee’s standard social; domestic and pleasure insurance may not necessarily cover the type of business driving they undertake. Employees should therefore check that their insurance provides appropriate cover for their work-related journeys.
Simply asking, “Is your car insured?” may not be sufficient. The important question is whether the employee is insured, for the business use they are actually undertaking.
- Where a vehicle legally requires an MOT, employees using it for work should have a current MOT certificate.
- An MOT should not, however, be treated as proof that a vehicle will remain roadworthy throughout the year.
Employees should be expected to keep their vehicles in a safe and roadworthy condition. Basic checks should include items such as:
- Tyres and tyre pressures
- Lights and indicators
- Windscreen and visibility
- Windscreen washers and wipers
- Brakes
- Mirrors
- Fluid levels
- Warning lights
- Seatbelts
Employees should understand that an unsafe vehicle must not be used for work, regardless of deadlines or operational pressures.
Employers should have arrangements to provide reasonable assurance that privately owned vehicles being used for work are appropriately maintained.
The HSE advises employers to make sure privately owned vehicles used for work are safe and that workers carry out checks, have vehicles serviced, and maintain appropriate insurance and a valid MOT where required.
A sensible grey fleet procedure may therefore require employees to confirm that their vehicle is maintained in accordance with appropriate service and maintenance requirements.
Vehicle paperwork is only part of the picture. Employers also need to consider whether employees are fit to drive safely.
This can include issues such as:
- Fatigue
- Eyesight
- Medical conditions affecting driving
- Prescription or over-the-counter medication
- Alcohol and drugs
- Stress and concentration
Employees should be encouraged to report anything that may affect their ability to drive safely.
Managers should also avoid creating schedules that effectively encourage unsafe driving: for example, expecting an employee to complete a long journey after an extended working day without adequate breaks.
One of the best ways to reduce driving risk is to reduce unnecessary driving in the first place. Before requiring an employee to make a journey, employers should consider whether:
- The journey is actually necessary
- A telephone or video meeting could be used instead
- Public transport would be safer or more appropriate
- The employee has enough time to complete the journey safely
- Adequate breaks can be taken
- Weather conditions could make the journey unsafe
- Overnight accommodation may be appropriate following a particularly long journey or working day
Employees should never feel under pressure to speed, skip breaks or continue driving when tired simply to meet a work appointment.
A driving-for-work policy should make expectations regarding mobile phones and other distractions clear.
Employees should not be expected to answer calls, read messages, respond to emails or carry out other distracting activities while driving. Managers also have a role to play. Avoid creating a culture where employees believe that being constantly contactable is more important than driving safely.
If a call or message needs attention, the driver should stop somewhere safe and legal before responding.
Employers may reimburse employees for business mileage when they use their own vehicle. HMRC sets approved mileage rates and rules concerning Mileage Allowance Payments. Employees should also keep accurate records of their business journeys and mileage where required.
It is important to distinguish genuine business travel from ordinary commuting between an employee’s home and their permanent workplace, as different rules can apply.
A useful way of controlling the risk is to introduce a Grey Fleet Driver Declaration.
Before an employee is authorised to use their own vehicle for work, the organisation could require them to confirm that:
- They hold a valid driving licence for the vehicle.
- The vehicle is appropriately insured for the business use undertaken.
- The vehicle has a valid MOT where legally required.
- The vehicle is appropriately taxed where required.
- The vehicle is roadworthy and appropriately maintained.
- They will carry out reasonable vehicle safety checks.
- They will report relevant driving convictions or restrictions.
- They will report anything that could affect their fitness to drive.
- They will not drive a vehicle they know or suspect to be unsafe.
- They understand and will follow the companies driving-for-work rules.
The declaration should not simply disappear into a personnel file indefinitely. Employers should consider periodic checks and renewal, with employees required to report significant changes between checks.
Grey fleet arrangements should not apply only to employees who drive frequently. An employee who uses their own car to attend a meeting twice a year is still driving for work on those occasions.
Companies should therefore consider everyone who may drive on company business, including managers, sales staff, consultants, engineers, care workers, office employees and employees travelling between different company locations.
Allowing employees to use their own cars can be convenient, but ownership of the vehicle does not remove the need to manage work-related road risk. Employers should have proportionate arrangements for checking drivers, vehicles and journeys and should make their expectations clear through a suitable driving-for-work or grey fleet policy.
At a minimum, organisations should consider:
A car may belong to the employee, but once it is being used to carry out work activities, driving risk becomes a business issue too.
Companies should consider the requirements and guidance contained within:
Driving is one of those everyday activities where familiarity can make the risks seem less significant. A simple, well-managed grey fleet system helps ensure that employees who drive their own vehicles for work are legal, appropriately insured, fit to drive and use vehicles that are safe for the road.
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