“Many companies saw cash-for-car schemes as an opportunity to hand over the cash to the driver – and with it any responsibility”

There are 2.5 million drivers using their own cars for business in the UK, a figure that has doubled over the last five years because of generous “cash-for-car” incentives and tax changes in 2002, which saw cash-for-car schemes become a popular method of mitigating company car tax. Until now, many companies have seen this as an opportunity to hand over the cash to the driver – and with it any responsibility. However, it is vital that employers make sure when their drivers are travelling on business that they comply with the Health and Safety Executive (HSE) “Driving at Work” recommendations. Under impending corporate manslaughter legislation, businesses will have to make sure they take all reasonable actions to prevent an accident, whether the employee is in a company car or not.

This means that if companies are going to let employees use their own cars for business, they must ensure they are making these essential safety checks:

• The car is roadworthy and has a current MOT
• The driver is licensed to drive
• The vehicle is insured for business use
• The car is regularly serviced
• The employee is carrying out basic maintenance checks such as oil, washer fluid, tyre pressures
• The employee has membership of a roadside recovery organisation

Most businesses recognise the need to provide breakdown assistance for their company car drivers, but don’t make sure that others, on cash-for-car schemes for example, have the necessary cover. If breakdown cover is essential for a company car driver then surely it is vital for any employee driving on business. Our research shows that a quarter of them do not have any. Let me give you an example. One of your employees is driving his own car to a meeting. He gets a puncture and changes the tyre at the side of a busy motorway, and in doing so is knocked over and killed. His company failed to check if he had breakdown cover and did not give him any advice about what to do if he had an accident or broke down while doing company mileage. Where does responsibility lie? Although a gruesome example, it demonstrates that the law is not clear on the subject. Employers need to protect themselves as well as their employees.

There are several key types of driver that a business may want to focus on first. For example, high mileage drivers (clocking up more than 18,000 business miles per year) are more likely to break down than lower mileage drivers, as are those with cars older than 10 years old. This is particularly significant because many cash-for-car schemes have seen drivers taking a sizeable monthly allowance from their companies and only investing a small amount of it in older and cheaper used vehicles. Age is also a significant factor, with breakdown risk almost doubling for those aged between 17 and 34, who are more likely to be driving their own cars for business.

On average, 56% of people driving for business break down every year, compared to 12% of general motorists

“At the very least, the company should give all employees clear guidelines on what to do if they break down”

It is not just the cost to business in terms of risk that needs to be considered, but also the financial costs in terms of lost time through employees being off the road, dealing with breakdown queries and, in some instances, having to provide replacement vehicles. On average, 56% of people driving for business break down every year compared to just 12% of general motorists – and 25% of drivers still don’t have any breakdown cover. Ideally, companies would offer breakdown cover or at least discounted rates for all employees driving for business. This could actually be seen as a good perk for employees and at the same time ensures the company is acting responsibly towards its drivers.

For drivers who have taken the cash-for-car option, the business should state clearly that they expect them to use part of this allowance to pay for breakdown cover. At the very least, the company should give all employees clear guidelines on what to do if they break down. It is amazing how many foolish things our patrols see people doing in a state of panic when they break down on a busy road.

Typical breakdown guidance should include the following advice:

What to do if you break down

On the road

• Try to get your vehicle safely off the road
• Switch on hazard warning lights
• If your vehicle is not situated safely, ensure everyone leaves it, as a precaution against being struck by another vehicle
• If you have a warning triangle, place it at least 100 metres behind your car to warn approaching traffic
• Find the nearest telephone and call your breakdown assistance organisation (if you have one) or your line manager – be prepared to tell them your membership number if you have one, your exact location, your vehicle make, model and registration number, the nature of the breakdown and if you are in a vulnerable situation

On the motorway

• If it is possible, leave the motorway by the first exit
• If not, switch on your vehicle’s hazard lights and pull on to the hard shoulder. Stop as far to the left as possible
• Try to stop at an emergency telephone – this will be at most half a mile away
• Where possible get all your passengers onto the bank or nearby land
• Passengers should be kept together in one group
• Do not attempt to change a tyre or carry out any other maintenance work yourself
• Leave any animals in the vehicle
• If possible lock all the doors except the front passenger door in case you have to get back in the vehicle quickly
• Walk to the nearest police emergency telephone, indicated by an arrow on a marker post on the edge of the hard shoulder
• Be prepared to give the police the same information as above, but remember that they will be able to identify your location from the phone – this is why it is preferable to using a mobile
• Return to your vehicle and wait with all your passengers on the bank or nearby land
• Under no circumstances attempt to cross the carriageway