The Health and Safety Executive has recognised that driving for work is one of the most dangerous things many workers will do. It is estimated that up to a third of all road traffic incidents involve someone who is ‘driving for work’ at the time. This may account for around 12 fatalities and 150 serious injuries every week. Each year in Great Britain there are over 35,000 injury collisions that involve someone who was driving for work at the time.

New Forest District Council is committed to managing their road risk and delivering its legal and moral obligations regarding employees driving for work to ensure they get home safe and well at the end of each day. Driving for work refers to any work carried out on behalf of New Forest District Council that involves an employee driving a vehicle and covers all journeys other than to and from the employee’s normal place of work.

Many vehicles used for work journeys are supplied by the employer, but there are also vehicles used for work that are owned, leased, or hired by individual members of staff. These are called “grey fleet” vehicles and drivers. New Forest District Council owes the same duty of care under health and safety law to grey fleet drivers as they do to employees who drive company owned, leased, or hired vehicles.

Scope

This policy applies to all employees, agency staff and contractors working on behalf of New Forest District Council who drive on council business using a vehicle supplied to them by the council (council fleet drivers) or in their own vehicle (grey fleet vehicles).

This policy is referred to in conjunction with the Drivers Handbook which is provided to employees who are drivers of commercial vehicles which are owned, hired or leased by the council. Grey fleet drivers will have the handbook made available to them electronically.

Legislative and regulatory context

In the UK there are legal requirements for employers to manage health and safety risks associated with driving for work. This is underpinned by the Health and Safety at Work Act 1974, which mandates employers have the following duty of care:

· Section 2 mandates an employer’s duty of care to their staff.

· Section 3 extends this duty of care to others impacted by work-related driving.

· Section 7 outlines employees’ obligations to adhere to safe working practices.

· Section 37 assigns management the responsibility for establishing safe working procedures.

There are also responsibilities under the Road Traffic Act 1988, such as having appropriate vehicle insurance in place at the time for the purpose the vehicle is being used (i.e. business insurance) and there may be some EU Legislation such as the Working Time Directive. The Working Time Directive refers to drivers’ hours and rest periods.

Definitions

Term	Definition
Accident	An unplanned event that results in vehicle damage, injury or ill-health.
Drivers	Includes all NFDC staff, including temporary staff and contractors.
Driving for work	Refers to vehicle and plant related activities while on the public highway or private land in the course of work. This includes: · Driving between NFDC sites for work purposes, · Travelling to and from a place of work where mileage is payable, · Driving a council vehicle, a hire vehicle, a grey fleet vehicle or mobile plant. This includes commuting to a drivers place of work for staff issued an NFDC owned or hired vehicle. This excludes commuting to a drivers place of work in their own vehicle.
DVLA driver information	View your driving licence information (viewdrivingrecord.service.gov.uk) Available to do at the DVLA website, allowing staff to show a relevant manager the vehicles they’re legally allowed to drive, and any penalty points on the license.
Essential driver / user	Employees who are given an additional payment for driving on council business.
Fleet Vehicles	Vehicles owned, leased or hired to NFDC for use at work.
Grey fleet	Employees who use their private vehicles to drive for business purposes, e.g. essential users who drive their own car as part of their work role.

Roles and responsibilities

General responsibilities

These are detailed in the New Forest District Council Health and Safety Policy, which is available on New ForestNet. In summary, it states that management have duties under the Health and Safety at Work, etc Act 1974, and other regulations, to ensure that controls are in place to protect the health and safety of employees and non-employees. The health and safety objectives of the organisation must be monitored along with ensuring that there is suitable instruction and training provided to staff.

The Council

NFDC will ensure all employees under their control have sufficient training, experience, knowledge, and skills to undertake their role competently and safely. This will usually involve the need for formal health and safety induction, regular training reviews as part of the corporate appraisal process, and training to be reviewed through the risk assessment process.

Senior Managers

Senior Managers, from the head of the organisation down, will provide a safe working environment through the provision of well-maintained vehicles that are fit for purpose and encourage a positive safety culture ensuring good communication channels throughout the workforce. They will lead by personal example when driving themselves and not tolerate poor driving practice among colleagues.

Managers, Supervisors and Team Leaders

Managers, supervisors and team leaders should ensure work duties and practices are not planned that pressurise employees into driving in an unsafe or illegal manner and will challenge any unsafe attitudes and behaviours, encouraging each other to drive safely. They will co-operate with the monitoring, reporting and investigation procedures following a reported incident of non-compliance with this policy.

The Corporate Health and Safety Team

The Corporate Health and Safety Team shall monitor the health and safety performance within the organisation by establishing reporting arrangements for incidents and accidents, and undertaking investigations, audits, and reviews.

The Transport Team

The Transport Team will manage the statistics, audit and review of vehicle accidents in partnership with the Insurance Officer.

All staff

Office-based employees will inform their manager of any information or concern regarding the health, wellbeing and safety of an employee who is required to drive for work and maintain complete and full records for employees and vehicles being used for work journeys. Office-based employees must be aware of the company policy on mobile phone use while driving and not put colleagues who may be driving at risk in this way.

Staff who drive for work

Employees who drive for work should make themselves aware of and comply with all company policy and procedures relating to driving for work, including those published on Forestnet and in the Driver’s Handbook. They should raise concerns to their manager around anything that may affect their ability to drive safely or legally, and co-operate with any investigation procedures regarding reported incidents that may involve them.

In addition, any grey fleet drivers must:

· Have valid insurance to cover business use or occasional business use.

· Appropriate and valid driving licences

· Be fit to drive and report certain medical conditions to the DVLA.

· To be competent to drive the vehicle and to comply with relevant road traffic rules.

· Know what to do in an emergency or incident

· Ensure that their vehicle is maintained in a roadworthy condition

· Produce evidence of their driving licence (including DVLA summary), motor insurance policy and the vehicle’s MOT certificate on request

· Ensure that business mileage is recorded

Main body

New Forest District Council requires any employees who drive for work to comply with safe driving guidance and always follow the Highway Code. There is no requirement or expectation that an employee, regardless of their position, will break any road traffic law while driving on work journeys. There is no business activity that justifies placing an employee or others at risk of a road collision.

All employees who drive for work on behalf of New Forest District Council have a legal duty, under the Health and Safety at Work Act 1974, to comply with this driving for work policy while doing so.

Non-compliance

Employees who drive for work will be responsible and accountable for their own actions when driving for the purposes of work. Should New Forest District Council receive information that an employee may have breached this policy, an internal investigation will be carried out which may lead to disciplinary action being taken, including the possibility of termination of employment.

Policy Monitoring and Review

New Forest District Council reserves the right to amend policy requirements relating to employees who drive and vehicles which are being used for work purposes.

This policy will be formally reviewed and updated by on at least an annual basis, or sooner if deemed appropriate, or by reasonable request.

The Driver

Driving Licence Checks

The Road Traffic Act 1988 states that as well as it being an offence for a driver to drive without a valid licence, it is also an offence for a person or organisation to permit a driver to drive without a valid licence. All employees who are engaged in work-related driving must:

· be holders of a full current driving licence, valid in the UK, for the category of vehicle which they are driving (including automatic or manual).

· notify their line manager immediately if their licence has expired, been suspended, revoked, or cancelled, or has had any limitation placed upon it.

· notify their employer immediately of any driving endorsements or prosecutions, including any that are accrued while driving a private vehicle, as this could affect any relevant insurance policies in place.

· notify the DVLA immediately of any changes to their name or address.

· allow their licence to be checked on a regular basis.

New Forest District Council will carry out checks of driving licences for all employers who are required to drive for work. Employees are required to provide details to facilitate the checking of their driving licence against the DVLA database.

Driving licenses should be reviewed at interview or during staff induction, to ensure the license is clean and/or to confirm the number of points the individual has on their license. New employees coming to live and work in the UK, who hold a foreign driving license, will have a maximum of 12 months from the date of entry to the UK to exchange this license with a UK license. The employee must do this within the 12 months otherwise they will be driving illegally

If you are driving and commit a road traffic offence, either when at work or in your leisure time, you may be liable to be issued a Fixed Penalty Notice (FPN) or you may be summoned to court for prosecution. In addition, you may attract penalty points to your driving license that can stay on your license for a period of four to eleven years depending on the offence. If you exceed a maximum of 12 points you may have your license removed resulting in you not being allowed to drive – this is likely to have a significant effect on your employment.

Knowingly driving on council business as a disqualified driver will be regarded as gross misconduct and will render the employee liable to disciplinary action. Also, if an employee knowingly drives on council business whilst above the legal limit for alcohol or under the influence of drugs, this will be regarded as gross miss-conduct.

If an employee is convicted of driving without due care and attention (careless driving) or a dangerous driving offence, it will be necessary to review that individual’s authorisation to drive as part of their work duties. This will need to consider the level of risk posed by allowing the employee to continue to drive as part of their work duties, which therefore could lead to disciplinary action being taken.

If you are an essential user and issued with any FPN or a court summons and have points put on your license, you must inform the council of this. Speak to your line manager in the first instance and relevant HR advice will be sought.

Fitness to Drive

A person’s fitness to drive can be affected by a medical condition, by temporary illness and by the environment in which they work, drive and live. Health impairments – including stress, sleep disturbance, migraine, flu, severe colds, hay fever – can lead to unsafe driving. Sometimes, the treatment for these conditions can also impair driving. Employees must ensure they are fit to drive before embarking on any work journey.

Eyesight

Employees driving for work are required to meet the minimum eyesight standards which involve being able to read an unfamiliar number plate from a distance of 20 meters (about 5 car lengths). Failure will result in the employee being stopped from driving on company business until they can demonstrate to their manager or supervisor that they meet the required minimum standard. Should an employee require spectacles to meet this requirement they must also always carry an additional pair.

Medical Conditions

Employees should only drive when fit to do so. They should report to their manager any new condition, or a change in their health and wellbeing which may affect their ability to drive safely. Employees should make themselves familiar with Notifiable Conditions, which include epilepsy, diabetes, vision impairment or a course of medication amongst others and which must be reported to the DVLA.

Impairment

Driving under the influence of drink or drugs is against the law. It is extremely dangerous and can seriously impair judgement and reactions leading to an increased risk of incidents and vehicle collisions.

No employee should attempt to drive whilst impaired or consume alcohol or any unlawful drugs in the workplace during work time or during a period prior to work where they may still be under the influence of alcohol and drugs effects which may carry over to the working hours. Employees should refer to the Council’s Misuse of Alcohol and Drugs at Work Policy for further guidance.

Employees should also be mindful that many prescription medicines can cause drowsiness and affect the ability drive. If you are prescribed any drugs or medication, you should make your doctor aware that your job entails driving and ensure that you are aware of any restrictions on driving that are advised when taking the drugs or medication. Read any notes accompanying such medicines carefully and advise your manager if you think your driving may be affected.

The driver of a vehicle found to be over the drink-drive limit, and/or driving while impaired by drugs, can receive a criminal record, an unlimited fine, imprisonment, and an automatic driving ban. Driving while impaired by drink or drugs will be treated as gross misconduct and dealt with through the normal disciplinary process which could include termination of employment.

Fatigue

It is estimated that 20% of road collisions are a result of driver fatigue. Lack of sleep, or poor sleep can impair performance to the same extend as being over the legal alcohol limit.

Employees should only drive when fit and healthy to do so which includes having had adequate sleep. Employees are expected to take adequate rest breaks during a journey – typically a 15-minute rest for every two hours of driving.

When travelling to a destination that is a significant distance away, an overnight stay should be considered and discussed with your line manager. UK legislation on drivers’ hours states the maximum amount of driving and working during any one day should not exceed 11 hours and not exceed 4 hours continuous driving without a suitable break at any time.

Whilst it is not an offence to drive tired, if tiredness is suspected to be the cause of a crash, the police can investigate all aspects relating to the driver of the vehicle. In a fatal incident, the driver could be charged with death by dangerous driving or death by careless driving, with a maximum penalty of 14 years in prison.

Wellbeing

All kinds of personal stresses can affect your ability to concentrate and drive safely. Financial worries, health issues, relationship problems and family situations such as a new baby can all understandably have a hugely distracting effect. If a personal situation is affecting your ability to concentrate while driving, please talk to your manager.

Driver Competence

In addition to presentation of a valid licence, employees must also be deemed competent to drive and given the necessary skills to drive in a safe and secure manner considering the potential range of vehicle types they may drive and activities they may conduct. This is specifically important for activities involving use of commercial vehicles, towing and individuals who drive long distances on company business. The Council may occasionally require drivers to undertake additional training or refresher training.

Drivers will be required to complete a vehicle induction before they drive each type of NFDC vehicle. This training will include the safe operation of the vehicle and the driver checks required. On initial driver induction staff will be issued with a Drivers Handbook. Staff will be required to sign that they have received and understood both.

Drivers who are categorised as fleet drivers and essential users must also complete driving safely awareness e-learning training available on the LMS. This training must be undertaken as part of the employee’s H&S induction; refresher training must be undertaken every 2 years.

Drivers driving LGV’s are responsible for ensuring that they remain within CPC currency and that they have a valid Driver digi card.

The Vehicle

Vehicle Roadworthiness

A roadworthy vehicle is one that is safe to drive with all its safety-critical and other important elements in good condition and working order. Defect checks must be completed and recorded for any NFDC owned or hired vehicle before a vehicle is driven, further details on the specific checks for the vehicle types is detailed on Forestnet.

Grey fleet vehicles should be checked at least weekly. Drivers should conduct a walk around check of their vehicle to ensure there are no safety defects. A helpful aide is to remember the acronym POWDER: - Petrol (fuel) - Oil - Water - Damage - Electrics – Rubber. Electric vehicles do not require Oil or Water checks and the fuel element should consider the vehicle’s charge instead. When checking tyres, ensure they are the correct pressure, do not have any cuts, bulges or other damage such as nails or screws, and that they have sufficient tread depth. The legal minimum tread depth is 1.6mm across 75% (three quarters) of the width of the tyre. Tyres should be replaced BEFORE they are at the legal limit.

Check the windscreen for any damage. Many chips can be repaired however, for damage larger than 10mm directly in front of the driver, the law usually requires the windscreen to be replaced.

Any defects and/or damage should be reported immediately. If safety-critical defects are found, then the vehicle must not be used until those faults or defects have been rectified. Non-safety-critical defects should be rectified at the earliest possible opportunity.

Driving a vehicle with major defects is a serious offence and can result in harsh penalties. The penalties a driver may receive for driving a defective vehicle will range depending on the type and severity of the offence. Any such penalties are the responsibility of the driver. If the vehicle’s condition causes the driver to have a collision, they could face additional charges and penalties.

Safe Loads

Insecure loads pose a significant risk to other road users and incidents involving insecure loads can easily result in loss of life or life-changing injuries. The Driver & Vehicle Standards Agency (DVSA) and the police have powers to issue fines to any driver in charge of a vehicle that is overloaded or if the load is insecure.

The load on a vehicle is not just restricted to goods being carried. The load is anything being carried on and in the vehicle including tools, equipment, machinery, load restraint equipment, signage, raw materials, samples, and baggage. All can be classified as being part of the load being carried and must be safely and securely fixed to and/or in the vehicle.

Employees required to drive for work purposes will attend and comply with any training provided around safe and secure loads. They will check and ensure that ‘their load’ is within load limits and securely fastened before commencing a journey, and then again during a journey when any part of the load has been moved or removed. They should report any incident and near miss to their manager, that involves the safety and security of their load.

No goods are to be carried in a Council vehicle other than property, tools, equipment or materials being used on behalf of the Council, or which belong to the Council.

Tools and materials are not permitted to be carried in the same cabin space as personnel.

Personnel may only be transported in properly designed and fitted seats, and when wearing seatbelts.

When carrying hazardous or waste materials, the appropriate documentation must be completed and carried. These materials must be carried in a manner appropriate for the type.

When built, a manufacturer’s identification plate bearing details of the maximum gross weight, axle and train weight is fitted to each commercial vehicle. Drivers should familiarise themselves with the requirements and location of these identification plates. The following terms are used on manufacturers and plates:

· Maximum Gross Weight: Is the maximum weight, which can be carried by the vehicle and includes the weight of the vehicle, fuel, vehicle load, driver and any passengers carried

· Maximum Axle Weight: The maximum weight to which each axle on the vehicle can be loaded is given for each axle location

· Train Weight: This is the combined gross weights of the vehicle and any trailer or towed unit

Drivers should be aware of their vehicle height and the impact of carrying loads on roof racks or above their normal vehicle heights.

Overloading is a serious offence and could lead to the prosecution of both the driver and the Council. Drivers must ensure that they are aware of the maximum loads, which can be carried on the vehicles in their charge and ensure that they are not exceeded. Any concerns regarding the loading of a vehicle should be immediately drawn to the attention of the supervisor and or the Council’s Fleet Manager. All loads must be distributed evenly and securely on the vehicle/trailer.

Vehicle Cleanliness

It is the responsibility of the driver of the vehicle to maintain the vehicle being driven for work in a high standard of cleanliness both internally and externally. The dashboard must be kept free of loose items including paperwork, food, litter and/or tools and equipment. The rear of the vehicle must be kept free of debris and maintained in a clean, organized, and presentable state.

Some material types require enhanced cleaning regimes. The frequency of these cleans are included in the activity Risk Assessments.

Vehicle Security

When driving a company-supplied vehicle for work purposes, employees are held responsible for its keys and security. Vehicle keys should never be left unattended in public and, when at home, keys should be kept out of sight and out of reach. Keys should be kept away from the front door to prevent remote vehicle theft where possible. Vehicles must always be locked when not in use, the parking break should be fully engaged, all doors and windows should be closed if no one is remaining in the vehicle cab, and any security device fitted to or supplied with the vehicle must be activated.

Vehicles should be parked in a place that is well lit and where possible, appropriate Council premises, the use of security patrolled car parks, or those covered by CCTV are preferred.

All Operator Licence vehicles must only be parked at Authorised Goods Vehicle Operating Centres listed on the Council’s Operating Licence.

Engine Idling

New Forest District Council is committed to protecting air quality by reducing the environmental impact of their operations in relation to engine idling by employees in company vehicles or in private vehicles being used on company business. Vehicle exhaust emissions from idling vehicles contributes significantly to air pollution which impacts on health, economic growth, and quality of life.

The driver of any vehicle being used on company business will:

· turn the engine off when a vehicle is stationary for more than 1 minute and only restart when they are ready to drive away.

· not use the engine to pre-heat the vehicle unless necessary due to safety considerations or weather conditions.

· always turn off the engine when on a break, loading or unloading.

Engines may remain switched on to perform a pre use walk around check, for the safety of the vehicle occupants, or when unforeseen emergency circumstances arise.

Private Use of Company Vehicles

Company cars may be used for private journeys. Commercial vehicles must not be used for private journeys. No company-supplied vehicle may be raced, rallied, or otherwise used in a non-business-related, off-road environment.

Towing

Employees being asked to tow a trailer or equipment should ensure that their driving licence allows them to do so legally.

Drivers should be competent at correctly hitching the trailer, checking the trailer before use including tyres, electrical and brake connections, ensuring loads are safe and secure, and manoeuvring/reversing the trailer. Drivers without this competence should seek additional training from their manager before towing on behalf of the organisation.

Employees towing a trailer or equipment should familiarise themselves with the relevant changes in speed limits and permitted motorway lanes while towing, along with the permitted weight limits for their vehicle/trailer combination. They should also remember to allow additional time for slowing down and manoeuvring their vehicle when towing.

The Journey

Journey Planning

Any journey should be reviewed, and a decision made as to whether the journey by road is necessary, whether it can be made by rail or air travel, or replaced with remote communications.

Where road journeys are required, driving during the higher-risk periods of 02:00-06:00 and 14:00-16:00 should be minimised or avoided altogether. Journey routes should be planned to use the highest quality roads, such as motorways and dual carriageways where possible.

Breaks and break locations should be planned in advance. Where employees are planned to travel a long distance to a work location at the beginning or end of the day, or if travel time risks making the working day unreasonably long, employees can discuss with their manager the requirement to arrange overnight accommodation to avoid driving tired.

Give yourself time – driving faster will not ensure you arrive sooner. Don’t treat speed limits as a target, you must consider the road conditions.

Safe Driving

It is important that all drivers of vehicles are aware of the requirements and any updates to The Highway Code, and that they are considerate to other road users and understand their responsibility for the safety of themselves and other road users.

Employees who drive for work are required to apply safe driving behaviours and techniques to help reduce their risk of collisions and incidents. When driving, they should remain a safe distance from the vehicle in front, stay alert and ready to anticipate changes to road and weather conditions.

On no account should employees driving for work become involved in incidents of road rage or intimidation of other road users.

Read the road signs and anticipate -as well as looking at the vehicle in front and in your mirrors, anticipate what is happening ahead of you by looking at the further point along the road (note the hazards coming up).

Look for road markings and signs – generally speaking, the more signs and road markings, the greater the chance of hazards.

Safe Speeds

One of the most significant risks drivers face, and create, is driving at inappropriate speeds. This includes both exceeding the speed limit and driving within the limit but still too fast for the road and weather conditions.

Employees who drive for work should know the speed limits for the type of vehicle they are driving and road they are travelling on and understand the importance of staying within speed limits. Van, 4x4 and other large vehicle drivers should remember that the applicable speed limit for a van is often lower than that of a car.

No employee driving for work should never drive faster than road conditions safely allow and should always obey speed limits. Employees driving for work are expected to always drive safely, responsibly, and legally. The minimum penalty for speeding is a £100 fine and 3 penalty points added to a driving licence.

Seatbelts

It has been a legal requirement for drivers and passengers to wear seat belts since 1983. The minimum penalty if caught not wearing a seatbelt is a fine of £100, rising to £500 if the case goes to court.

Seat belts are the best protection against injury or death in a crash. Wearing a seat belt reduces the chance of serious injury or death by 40% to 60%. People thrown from a vehicle are 4 times more likely to be killed than those who were wearing a seat belt and remain inside the vehicle.

Seat belts should be worn by both drivers and passengers while traveling for work in any vehicle, whether company-operated or privately-owned. The only exception to this is if you are operating a vehicle that is travelling less than 50m between stops. The driver of the vehicle is responsible for enforcing seat belt use by all occupants.

Where medically exempt from wearing a seat belt, a Certificate of Exemption from Compulsory Seat Belt Wearing should be obtained from a doctor. A copy must be presented to the Manager and a copy kept in the vehicle being driven to present to the police if stopped.

Driver Distraction

The use of a handheld mobile device in any vehicle whilst driving is illegal and employees face prosecution if caught doing so. Police can issue a fixed penalty notice (£200 fine and 6 penalty points) or summons the driver to court where they are likely to receive a more stringent penalty on conviction. Please note that any such penalty could affect your employment.

The use of hands-free mobile devices (including in-cab units) in all vehicles being driven for work is permitted though, while legal, hands-free use is not risk-free; using a hands-free device when driving creates an avoidable distraction that affects a driver’s ability to concentrate and impairs their reaction times.

Drivers are permitted to use mobile phone devices with hands-free access, as long as they do not hold them at any time during usage. Hands-free access means using:

· a dashboard holder or windscreen mount

· a Bluetooth connection to the vehicle (earphones are not permitted)

· voice activation

A hands-free device fitted to the windscreen must not block the driver’s view of the road and traffic ahead. Drivers must always stay in full control of their vehicle. The police can stop drivers if they think they are not in control because they are distracted, and they can be prosecuted.

Note: It is illegal to stop on the hard shoulder of a motorway to make or take a call.

Driving in Adverse Weather

Weather can be unpredictable and can change quickly. When it does, the risk of a serious collision occurring substantially increases. Driving in adverse weather conditions can be extremely dangerous and can affect a drivers’ awareness and concentration as well as their ability to drive safely.

Before commencing any journey, employees who are required to drive for work should always consider the weather conditions and potential for changes and deterioration in weather. They should adjust their driving style to the weather and road conditions at the time. Fuel levels should be checked at the start of a journey to ensure there is sufficient to complete the journey, and employees should have access to a fully charged mobile electronic device to provide updates to their managers if they need to postpone journeys or change routes when the police and travel organisations advise against road travel due to weather conditions.

If poor weather is expected, the necessity for the journey should be considered. Employees who still need to drive should ensure they have appropriate clothing to stay warm and dry, plus food and water in case of travel delays.

Employees driving for work should also have with them an up-to-date list of breakdown and emergency contact numbers.

The more space you keep around you, both front and rear, reduces the chance of having a collision. In good conditions you should maintain a suitable distance between you and the vehicle in-front. If conditions deteriorate (inclement weather) or it is dark, the distance should be at least doubled.

Passengers

For safety and insurance reasons, under no circumstances are employees permitted to allow unauthorised passengers in any vehicle being used for work purposes. Employees are not permitted to pick up hitchhikers in a company vehicle, and employees using their own vehicles for work are not permitted to pick up hitchhikers while driving on company business.

The driver of the vehicle is responsible for the safety and conduct of everyone in their vehicle. If the carrying of passengers is permitted by management, the number of legally permitted passengers is not to be exceeded in that vehicle and seat belts must be used, unless medical exemption certificates apply.

The carriage of children, dogs or any other animal in a vehicle being used for work purposes is not permitted.

Smoking and vaping

Under the 2006 Health Act, smoking is banned in the workplace, and any vehicles being used for work. Smoking by either driver or passengers is not permitted in any vehicle while traveling on official company business. This includes vehicles allocated to a single person. This policy includes the use of e-cigarettes and vapes. Employees and their passengers who smoke in work vehicles are breaking the law and can be fined. Employees and their passengers found smoking or vaping in work vehicles will be investigated and appropriate measures will be taken.

Fines and Penalties

Any employee who is caught and prosecuted by the police for unsafe and dangerous behaviour whilst driving a vehicle for work, will be responsible for any fines, administration charges and subsequent penalties imposed. Parking fines are the responsibility of the driver and not the employer. Licence endorsements may affect the insurance of the driver concerned and mean they are unable to continue driving on behalf of New Forest District Council.

Breakdowns, Punctures and Glass Repair

If your NFDC-supplied vehicle breaks down, suffers a puncture or suffers a broken windshield or window, call the relevant workshop if during working hours (06:00 to 17:00 at Marsh Lane, 06:00 to 16:00 at Hardley). Outside of these working hours, call the out of hours Transport Supervisor

· Marsh Lane Workshop - 023 8028 5544

· Hardley Workshop – 023 8028 5660

· Out of hours supervisor – 07867 550425

Please note that recovery agents will not repair a vehicle but will recover it to the relevant depot.

Drivers must wait with their vehicles until assistance arrives.

Vehicles must not be moved from the breakdown location unless advised to do so by the police. Any change in situation must be reported to the relevant workshop or Out of Hours Supervisor.

If the driver has to leave the vehicle, the vehicle must be left secured. The ignition key should be removed, all doors and access panels locked and portable items secured.

If you are on a motorway, you must not attempt to change the wheel or tyre yourself.

Damage or Theft while Parked

If your vehicle is damaged or stolen whilst do not attempt to drive it. You must:

· Call the police.

· Inform your supervisor or manager, and the Transport Manager.

· Do not enter or move the vehicle until you have been instructed by the police that it is safe to do so and they have no further forensic interest in the vehicle.

· Call the vehicle workshops to confirm next steps, you may be asked to bring the vehicle to the workshop.

Collisions

After any accident or collision YOU MUST STOP. Failure to stop at the scene of an accident is a criminal offence. If you are involved in a collision that results in injury to a third party, you are required by law to contact the emergency services immediately by telephoning 999. If nobody has been injured and your vehicle is not causing an obstruction, you are not required to call the emergency services.

If it is possible to move your vehicle to a safe location at the side of the road you should do so and switch off the engine.

Move all uninjured passengers to the side of the road. If you are on a motorway, ensure everyone remains behind the safety barrier. Do not attempt to move injured passengers unless they are in danger – wait instead for the paramedics to arrive. If a motorcyclist is involved, do not attempt to remove their crash helmet.

Once all vehicles and passengers are safe, exchange details with any other parties including name, address and insurance details. NFDC vehicle drivers should use the issued ‘bump cards’ in this instance. If there are any witnesses, collect their names and addresses as well.

If you are driving an NFDC vehicle, provide the following details:

This name and address: Insurance and Risk Officer New Forest District Council, Appletree Court, Beaulieu Road Lyndhurst SO43 7PA. Tel: (023) 8028 5000 or (023) 8028 5002

Details including:

· Your vehicle manufacturer.

· Your vehicle model.

· Your vehicle registration.

· Initial damage to your vehicle.

· Insurance company for NFDC.

If you are driving your own vehicle you will need to provide your business insurance details.

You must obtain as much of the same information from the third party as possible.

Do not admit any liability for the collision or enter into any discussion other than to exchange the details required to report the accident to your insurance company and your employer.

If possible, and without putting yourself in danger, take photos of the accident and any damage to the vehicles involved. You should also take photos of any road or landscape features that may have contributed to the collision.

You will need to complete a full report of the incident including a diagram of the vehicles showing how the accident occurred, why it occurred and what damage resulted. If possible, you should record:

At the time of the accident, the driver should note the following details:

· Date and time of the accident.

· Where the accident happened.

· Your vehicle manufacturer.

· Your vehicle model.

· Your vehicle registration.

· Initial damage to your vehicle.

· Insurance company.

· You must obtain as much of the same information from the third party as possible.

· Visibility and weather conditions at time of the accident.

· Speed limit in force at the location of the accident.

· Whether any directional signals or audible warnings were made immediately prior to the accident.

· Speed of vehicles involved.

· Extent of damage to all vehicles involved.

· Sketch of the location showing width of roads, position of vehicles before and after the accident. If possible take photographs of the position of vehicles as evidence.

· Take names and addresses of any witnesses, including the badge number and name of any attending police officer(s).

If no third party is available, the accident should be reported to the police and a bump card left.

Clear any debris to the side of the road so it doesn’t present any danger to other road users but DO NOT try to recover any debris if you are on a motorway. If your vehicle is drivable, you may now continue your journey.

All communications received from insurance companies or third parties must be immediately forwarded to the Fleet Manager and the Insurance Officer and must not be answered in any way by the driver, supervisor or line manager.

If there are no spare ‘bump cards’ in the NFDC fleet or hired vehicle it is the drivers responsibility to request spares from their supervisor or manager.

Incident Reporting

All work-related road incidents and near misses (including damage-only ones and ones involving privately owned vehicles when they are used for work) must be reported as soon as it is safe to do so. Prompt and accurate reporting and recording of work-related road incidents, and near misses help to keep employees safe and reduce the likelihood of similar incidents occurring again.

Incidents involving a company-supplied vehicle must be reported to the Manager or the organisation’s appointed accident management agent immediately where possible or, at the latest, within 24 hours.

An incident is an event that resulted in personal injury to an employee or another person, or resulted in property or vehicle damage, or a dangerous occurrence. This could include a motoring offence, a crash or collision involving a vehicle being driven for work, or a vehicle breakdown. A near miss is a dangerous occurrence that had the potential to result in personal injury to a staff member or another person, or to result in property damage.

Accidents involving NFDC fleet vehicles, however minor, must be reported to the Insurance and Risk Officer, an online Motor Claim Form must also be completed. Drivers must report any accident to their Line manager and report the accident damage sustained to their vehicle to the Workshops. Drivers should also ensure that they have a pen and paper available in the vehicle to record the required details.

Drivers (of fleet or NFDC hired vehicles) must report incident damage to the vehicle workshops or out of hours transport supervisor immediately by phone call. Your vehicle must not be driven with any defect that could be considered safety related or which could possibly attract a prohibition notice or a fixed penalty if checked by the DVSA or other enforcement agencies. If in doubt over whether a vehicle is roadworthy, this must be clarified with a mechanic and must be reported by defect sheet on return to the depot or offices.

Grey Fleet Drivers

Please note that if you use your own car for work, the organisation’s legal duty of care to ensure the safety of the driver, the vehicle and journey remain the same. Grey fleet drivers should make themselves aware of all the company policies relevant to driving for work and ensure they always comply with them.

Grey fleet drivers must ensure:

· They are fit to drive.

· They hold a valid driving licence for the vehicle being driven, and provide permission for the employer to check this licence directly with DVLA.

· The vehicle is appropriate for the journey and use, taxed, MOT’d and serviced in line with manufacturer recommendations.

· They hold appropriate and valid insurance cover for business use.

· They can produce documentary proof of the above, on request.

· The vehicle is regularly checked to ensure its roadworthiness and a walk around safety check is conducted prior to starting any long work journey.

· They will notify their Manager if they are unable to use a vehicle which meets the minimum safety standards required.

· They will notify their Manager of any Notice of Intended Prosecutions and collisions they are involved in whilst driving, especially whilst on a journey for work purposes.

· They co-operate with company rules and policies when using their own vehicle for work.

Failure to comply

Licencing

To have an effective policy in place it’s important to monitor to ensure that proper procedures and practices are being followed, and to identify if changes need to be made. This will include the regular monthly checks of staff driving documents, checks undertaken will include:

· A check of at least 20 staff who are essential or casual users and are claiming milage.

· Some of those selected will be because of high mileage.

· Some of those selected will be randomised, which may include those who have not made claims.

Monthly monitoring is undertaken by the Payroll Team linked to the monthly mileage claims received by staff.

Broader compliance

Failure to comply with this policy will result in disciplinary action, up to and including summary dismissal. Each instance will be investigated and the appropriate measures taken.

For speeding (in fleet vehicles), weekly reports will be run from the tracker system to identify where this has happened. In the first instance employees will be invited to an informal discussion about their misconduct. The outcome of the discussion will be followed up in writing. This action is a safety measure for our employees and members of the public.

Further reports that show an employee has persistently continued to drive in an irresponsible manner, by excessive speeding, or erratic driving behaviour, will result in disciplinary action. This will be on the grounds of misconduct, by failing to follow the Council’s policy, and bringing the Council into disrepute.

If there is an incident/accident which is significantly severe, for example if it results in an injury to persons or damage to the vehicle, then a higher sanction under the disciplinary procedure may be immediately warranted.