THE NEW CORPORATE MANSLAUGHTER ACT:

WHAT IT MEANS FOR FLEET MANAGERS

Fleet drivers perform a high-risk activity and the costs to companies when managers fail in their duty of care can be considerable.

Duty of care is already an essential board issue due to current Health and Safety legislation and regulations such as the Working Time Directive, but despite this, it seems that many businesses have failed to recognise the dangers of not implementing a road risk reduction programme.

What is the new Act?
Road accidents involving company fleet drivers over the last few years have led to a burgeoning number of calls, especially from unions, for new corporate manslaughter legislation.

The government has listened and, after recognising the inadequacies of current common law on this issue, has finally acted producing the recently published Corporate Manslaughter and Corporate Homicide Act 2007.

This latest Act will make it easier to prosecute companies and public sector organisations where gross negligence leads to death. In the wake of this, companies and their fleet managers need to take resolute steps to minimise occupational road risk.
When is it being introduced?
The Act came into force UK-wide on 6 April 2008.
How big is the problem?
More than 3,000 people die in road collisions every year and estimates suggest that a third of all accidents involve at-work drivers. This is a remarkable statistic when consideration is given to the fact that out of 30 million vehicles on British roads, the commercial count is only a little over three and a half million.

Last year, a landmark court ruling led to a Cambridge-based catering company being fined £30,000 after an employee died behind the wheel of a car – he had worked 76 hours over four days.

Future failings however by senior managers that lead to a death could result in unlimited fines, and the stigma that results from a corporate manslaughter conviction could prove even more damaging.
How can I minimise my risk?
Telematics technology isn’t simply a means of saving money by cutting fuel bills and increasing efficiency, it can also save lives.

Companies using vehicle tracking technology have the information at their fingertips to successfully manage road risk and provide tangible proof of their ongoing commitment to your duty of care responsibilities.

  • Better training: Vehicle tracking data enables managers to identify high risk drivers who speed regularly and address such problems - ultimately stopping accidents – through driver training. Managers can assess risks by running off speed analysis reports at the touch of a button.
  • More breaks: The need for companies to adhere to a strict policy on working hours and miles driven per day is vital. Vehicle tracking ensures that drivers comply with the demands of the Working Time Directive, giving alerts when a break is needed and stopping drivers from working too many hours and falling asleep at the wheel.
  • Safer working conditions: Tracking can actively protect employees. Panic buttons are often integrated into tracking systems, triggering an automatic email or being converted into a text message. They are particularly valuable for lone workers in remote areas or drivers delivering high value goods.
  • Safer driving conditions: Integrating tracking with messaging technology also means that drivers are no longer tempted to answer mobile calls from the office without pulling over.
  • Less stress: With vehicle tracking, if your drivers are running late for any reason, the office team can warn the customer in advance, improving standards of customer service and making sure drivers don’t have to deal with aggressive or disgruntled customers.
  • Fairer distribution of work: As tracking distributes jobs as efficiently as possible, it means that diligent drivers no longer have to fill in the gaps for the less committed ones. Management can also see which drivers are working the hardest and can reallocate schedules accordingly.
Where do I get more information?
For further information on the Corporate Manslaughter and Corporate Homicide Act, click here to go the Ministry of Justice website.

For more information on how to utilise Navman Wireless vehicle tracking to help comply with current UK legislation, call Handsfree UK on 01736 850099.