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Employers are obliged to maintain company vehicles

27 May 2008

Employers have a "very strictly defined obligation" to maintain company vehicles, an expert has said.

Speaking to Workplace Law Network, solicitor David Faithful warned employers that they are liable if an employee is using a vehicle in the course of their work.

He said reasonable practicability can vary depending on the vehicle, but ultimately it is the employer's duty to maintain certain guidelines under the Provision and Use of Work Equipment Regulations 1998.

"From the commercial vehicle point of view because there are often obligations laid down by Vehicle and Operator Services Agency (VOSA) in terms of operators' licences, then there is a very strictly defined obligation with regard to maintenance because VOSA will carry out inspections," Mr Faithful said.

If company cars are also used for social purposes then guidance must be given to employees on what is being done in relation to health and safety and maintenance, he added.

His advice is that employers check the vehicle's vital systems such as brakes, steering and tyres, not just ensure drivers have a valid licence.

Earlier this year a private care home was fined £4,000 for allowing a car with defective tyres to be used by employees.

In July 2006 a pool car known to have defective tyres crashed and burst into flames, killing an employee and a 12-year-old who was in care.

Andrew Haywood, associate in the employment practice, comments: "These incidents are just a few examples of how an employer can be exposed and demonstrate why it is extremely important to ensure that the employer has an up to date and comprehensive care or vehicle policy in place."