Van Best Practice
With more than 4.2 million vans used for business across the UK, there are 7 times more light goods vehicles than lorries on our roads. Additionally, DVSA stops approximately 10,800 vans each year as part of its targeted roadside checks at a cost to their owners and operators of up to £4,000 per day per vehicle. As an owner or operator, it doesn’t take long to figure out that running a fleet of vans which doesn’t comply with the rules and regulations can be a costly business.
Uncertainty surrounding the legal requirements involved in operating roadworthy and cost-effective fleets has led to a rise in non-compliance.
Did You Know?
“59% of the light good vehicles given a prohibition notice during targeted checks in 2013-2014 were for mechanical defects”.
Vans and Light Good Vehicles (LGVs)
Vans used for hire or reward come under a range of commercial vehicle classifications based on their gross vehicle weight but are generally classed as LGVs. All vans with a gross vehicle weight of less than 3.5 tonnes are categorised as either Class 4 or Class 7 under the MOT scheme. Meanwhile, any van with a gross vehicle weight of more than 3.5 tonnes comes under the authority of a goods vehicle operator’s licence, bringing with it increased regulation and costs. Such a licence includes a requirement to ensure various compliance systems are in place which will satisfy the Traffic Commissioner.
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Drivers
The Management of Health and Safety at Work Regulations (1999) require employers to manage workplace health and safety effectively by assessing all risks to employees at work, as well risks relating to other people who may be affected by your business’s activities. A vital part of fleet management therefore relies on you communicating with employees to ensure that all drivers are competent, alert and healthy, sufficiently trained, aware of company policy and of course in possession of a valid driving licence!
Vehicles
Vehicle safety and maintenance represents a fundamental part of fleet management. The new HSE guidelines include a work-related road safety checklist, highlighting multiple ways in which to check that vehicles are fit for purpose and maintained in a safe and fit condition. For instance, vehicles must not exceed maximum load weight, and all contents and equipment must be adequately secured. Van daily walk around checks and preventive maintenance naturally play a big part in road safety, and fleet managers must keep a constant eye on their business vehicles.
Charges
Employers can be charged with offences under health and safety law, with Corporate Manslaughter, and/or with various ’cause or permit’ provisions in road traffic law. Drivers can be charged with a range of motoring offences, including in the most serious cases, causing death by dangerous driving or causing death by careless driving.” Construction and use offences are common.
Litigation Risks
In addition to the legal risks under health and safety and road traffic law, employers could also face civil litigation if an accident involving a member of staff who was using the road for work purposes resulted in damage or injury to the member of staff and/or a third party. There is no shortage of legal firms who are prepared to take on these cases, often on a ‘no win, no fee’ basis.
Balance of Responsibility
Work related road safety is a shared responsibility between employer and employee. Accordingly, proper planning is required to gain a balance between employer and employee. By using the CheckedSafe Digital Van Walk Around App this balance is easily achieved.
