“No new burdens will be placed on companies already complying fully with health and safety responsibilities”

Although fleet chiefs continue to claim that managing occupational road risk is top of their priorities, surveys from Britain’s two largest fleet insurers, Norwich Union and Zurich, suggest the vast majority of companies are not even carrying out basic risk management processes (see pages 122-128). In addition, HSBC Vehicle Finance, one of the UK’s largest contract hire and leasing companies, claims in its recently-published fifth annual Business Car Expectations survey that the UK’s smaller fleet operators need to change up a gear or two if they are to catch the rest of the industry when it comes to vehicle safety, driver training and new legislation. Health and safety professionals say that the “basic package” of fundamental risk management measures should embrace staff driving licence checks, the issuing of driver handbooks, investigating accidents and pre-employment checks of driver competency and experience.

The HSBC report reveals that 40% of companies running 10 vehicles or less acknowledge that they have to tackle health, safety and driver training issues. While 72% of those operating larger fleets have embraced their responsibilities, it is clear from the survey that small fleets are lagging behind despite increasingly strict legislation. Tim Holmes, head of HSBC Vehicle Finance, says: “It is disturbing to find that so many smaller fleets are apparently unaware of the high risks they and their employees run by not recognising the importance of proactive safety management. This is not down to negligence, but may simply be a case of lack of knowledge. Everyone in the industry, therefore, has a responsibility to help raise awareness of these important issues.”

The lack of concern among small businesses is highlighted by the fact that only 11% of small fleets have conducted a risk audit of the safety issues facing the company and its drivers, whereas 55% of larger businesses have done so, according to HSBC research which saw responses from a nationally representative sample of 422 organisations managing 76,564 units. Just 6% of small fleet operators offer driving training, while 58% of companies running more than 1,000 vehicles train their drivers. It is against that background that the HSE and the police are to be given more ammunition to prosecute “rogue” fleets. There are already more than 20 Acts, protocols and regulations impacting on fleets including The Road Traffic Act, Road Vehicle (Construction and Use) Regulations, The Health and Safety at Work Act, The Management of Health and Safety at Work Regulations and The Provision and Use of Work Equipment Regulations.

But the list will increase (see below) even though the centrepiece of new at-work health and safety legislation, the so-called new law of corporate killing, has been further delayed, although proposals could still be published during the current parliamentary session. Legislation and directives expected in the next 12 months include:

“Prosecution for speeding alone does not fully address the problem”

“However, no new burdens will be placed on companies already complying fully with health and safety responsibilities. Nor is it intended to change the criminal liability of individual directors. “This is a very complex area of law and it is crucial we get the issues of accountability right, both in respect of which organisations the offence should apply to and how it should apply within such organisations. “We had expected to settle our position and produce proposals by now. But working these issues through has taken longer than expected. We are hoping to publish a draft bill before the end of the current parliamentary session.” Under current corporate manslaughter legislation, prosecutors have to prove a single director was negligent in the event of a serious or fatal accident. That has proved virtually impossible and has thwarted a number of attempted prosecutions so the new corporate killing legislation is being drafted to target companies.

Hand-held mobile phones
In December last year, legislation was introduced banning the use of hand-held mobile phones while driving, with offenders facing a £30 fixed penalty notice or a fine on conviction of up to £1,000 or £2,500 for drivers of goods vehicles and vehicles adapted to carry eight or more passengers (Roadsafe: winter 2003/04). This year the Department for Transport is expected to toughen the sentence to make the offence subject to an endorsement of three penalty points and a £60 fixed penalty. Meanwhile, after a number of prosecutions and fixed penalty notices for drivers caught using hand-held mobiles, it is likely that within the next year the first company could be prosecuted under the legislation for “aiding and abetting” the use of a mobile phone by an employee while at the wheel. A prosecution is likely to result in a fine of around £2,500 and a bout of unwelcome publicity.

Accident reporting
Tougher Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) will come into force either this year or early in 2005, which is expected to result in all road traffic incidents involving fatalities, major and over three-day injuries being reported by businesses to the enforcing authorities. Under the current rules such incidents do not have to be reported, but the completion of a review of the regulations is expected to see the change.

Speed awareness courses
The government is considering introducing nationwide speed awareness courses giving speeding motorists an alternative to a £60 fixed penalty fine. The courses, which are already being run by a number of police forces including Thames Valley, Staffordshire, Lincolnshire, Avon and Somerset, Lancashire and Northamptonshire, are designed to improve driving skills, attitude, and behaviour, in order to enhance the safety of motorists and other road users (Roadsafe: winter 2003/04).

“Ministers are concerned that motorists who need their driving licences for work are losing their livelihoods”

Following a 40% rise from 1.1 million in 2001 to 1.5 million in 2002 in the number of motorists prosecuted for offences detected by roadside cameras and Home Offices figures showing that the total number of motorists caught speeding has risen from 1.4 million to 1.7 million, the RAC Foundation says speed awareness courses must be introduced. Adrian Walsh, director of RoadSafe said: “Prosecution for speeding alone does not fully address the problem. This simply treats a symptom of bad driving rather than treating the real cause – much more use should be made of speed awareness courses; evaluation of the pilot schemes shows that they really improve driving and reduce crashes.” RoadSafe supports the RAC Foundation’s campaign for the introduction of speed awareness courses across the country following national guidelines in lieu of a fine and penalty points. Research shows that drivers who have attended the courses drive more safely afterwards.

The Thames Valley Police programme has been running for almost a year, with motorists caught speeding in the Thames Valley region being considered for one of two courses depending on the severity of the offence. Of those speeders offered a course, there has been a 92% take-up. The course is run on behalf of the police by DriveTech (UK) and course pioneer Chris Howell says: “Drivers are particularly concerned with points on their licence. The plethora of speed cameras on Britain’s roads is making drivers very aware of the growing risk they face of automatically losing their licence after being caught speeding and also of being hit by rising insurance premiums.”

Professor Frank McKenna, who designed the interactive section of the course and is working in collaboration with DriveTech, says: “One aim of the course is to provide drivers with some insight into their personal driving attitudes, ability and risk. The majority of drivers have not been on any driving course since they passed their driving test. “Of the 5,000 drivers who have so far attended the programme, only 7% had been on any driving course since passing their test and only 2.3% had been on a course that lasted for two days or more.” Meanwhile, he says: “It has been known for some time that drivers have an overly optimistic perception of both their driving ability and their safety. “Research following completion of both the courses suggests that drivers will slow down. By offering speed awareness schemes, we are playing down the punitive aspect of speeding and emphasising the persuasive aspect. “The Thames Valley Police courses have been very well received and I hope the government is serious in its intention to introduce such programmes on a nationwide basis.”

Speeding offences review
The government is set to reduce penalties for minor speeding offences, but increase the punishment for drivers who blatantly disregard the limits. Ministers are to introduce a flexible points system that will see drivers caught marginally over the speed limit incur two points on their licence and those well in excess will receive up to six points. The move is an attempt to diffuse growing anger over the use of speed cameras and ensure that thousands of motorists are not banned from the roads for relatively minor infringements.

At the moment, drivers breaking the speed limit receive three points on their licence regardless of the gravity of an offence. Anybody who accumulates 12 points, or commits four speeding offences within three years, suffers an automatic ban. Ministers are concerned that motorists who need their driving licences for work are losing their livelihoods. The new points system was expected to be put out for consultation as Roadsafe went to press and a Bill will have to pass through Parliament before the new structure could be introduced, making the change unlikely before the next general election.

Under the system, a motorist caught driving at 35 mph in a 30 mph zone is likely to receive two penalty points. A driver travelling at 50 mph in the same zone could clock up four penalty points, while somebody driving at 60 mph is likely to get the maximum six points.

Working time legislation
Driver work-related stress levels are expected to reduce and road safety is likely to improve as a result of the imminent introduction of working time legislation for the UK’s mobile workers, which includes van, minibus, PSV and HGV drivers and could be interpreted as including chauffeurs as well as high-mileage company car drivers. The new Road Transport (Working Time) Directive must be implemented in the UK by 23 March 2005 and in June the Department for Transport began consulting on the text of the new draft regulations. A final version of the Regulatory Impact Assessment is expected to be published in September prior to the introduction of the new rules.

The Directive is, effectively, an addition to the European Commission-inspired 1998 Working Time Regulations under which employees should not work more than 48 hours per week when averaged over 17 weeks. Workers must also have daily rest breaks of 11 consecutive hours in any 24-hour period and weekly rest periods of 24 consecutive hours in any seven-day period.

The 1998 Regulations specifically excluded “workers involved in the road transport sector” – such as drivers involved in the haulage, distribution, delivery, PSV and coach sectors who are governed by other rules – but legal advice suggested they do apply to employees who drive or travel as part of their work. Therefore, the time employees spend travelling is considered part of their work activity and must be recorded and monitored.

“Drivers will benefit from lower workrelated stress levels and we expect to see road safety benefits for both drivers and other road users”

However, to further clarify and tighten working time legislation governing the 48-hour working week and the need for “adequate rest”, the government introduced the Working Time (Amendment) Regulations in August last year. Known as the “Horizontal Amending Directive” it is specific to “mobile workers” such as drivers of smaller vehicles (sub-3.5 tonnes) and drivers of other vehicles that are exempt from the EU drivers’ hours rules.

Now the government has chosen to publish further legislation specifically targeting what it calls “mobile workers” with the Road Transport Working Time Directive. Roads Minister David Jamieson says: “These regulations will provide drivers with clear guidance on working conditions and provide them with the level of protection enjoyed by employees in other sectors, without imposing an unfair burden upon employers. “Drivers will benefit from lower work-related stress levels and we expect to see road safety benefits for both drivers and other road users. This legislation will bring benefits to all those who work in the industry as well as making the industry more attractive to new recruits.”

The new UK regulations will:

• Allow a four-month reference period for calculating the average 48-hour week, which can be extended to six months
• Allow night workers to work more than 10 hours work for every 24-hour period. To take advantage of the changes, there will need to be either a collective agreement, or a workforce agreement at company level between the employer and employees. In addition, mobile workers will still be subject to the limits under EU drivers’ hours rules
• Define night time as a period between midnight and 04.00 for drivers and crew of goods vehicles, and 01.00-05.00 for drivers and crew of passenger vehicles
• Permit VOSA (DVTA – NI) to enforce the new regulations; primarily in response to complaints they receive. Their approach will be to educate employers and workers, rather than look to prosecute. Nevertheless, where evidence exists that the rules are being systematically broken, examiners will be at liberty to check working time records at an employer’s premises.

In addition, Ministers have confirmed that:

• Self-employed drivers will not be covered by UK regulations until March 2009
• Voluntary work will not contribute towards the working time of mobile workers under the new regulations
• Workers who are occasionally subject to the Directive will be covered by the provisions of the Directive, including the 60-hour weekly limit, 10-hour limit (when doing night work) as well as the daily/weekly rest requirement and break requirements
• Companies have the choice (providing they have a collective or workforce agreement in place) to decide which method they want to use for calculating the average 48-hour week. They can either use a rolling reference period (used under existing working time regulations), or use one of the options for fixing the reference period as outlined in the consultation document
• The definitions under the Directive will be copied into domestic law. Formal guidance will clarify and expand on the advice that was published in the consultation document on 21 October last year
• Detailed guidance on the new legislation including definitions (notably, working time and periods of availability) and occasional drivers and mobile workers will be published in due course

Jeremy Hay, Chief Executive of independent total vehicle risk management solution’s company Risk Answers, said: “Under the Regulations an employer has a duty to keep records which show whether the 48-hour limit is being complied with in the case of each worker and retain those records for two years. It might be necessary to introduce a timesheet system on which employees can record their working, travelling and driving hours. “All companies should undertake an investigation into the working/driving hours of employees including company car drivers and chauffeurs. I suspect it will take a prosecution to determine exactly who is and who is not covered by the legislation.

“However, to comply with the imminent Directive a comprehensive safety audit would result in systems being put in place by businesses to ensure their staff work in accordance with the Working Time Regulations. “The result would be a safer and less stressful working environment. A failure to care for company car drivers and all employees who drive is indicative of a non-caring company attitude. The 48-hour week, where constructively put in place, can be a real lifesaver and a benefit to the company.”