Grey Fleet Care

The liabilities attaching to companies, their directors and Chief Executives which arise from strengthened Corporate Manslaughter legislation in 2008 should not be underestimated. It is the specific responsibility of employers and their directors to ensure robust processes are in place to verify the suitability and legality of drivers and their vehicles, when those vehicles are used however infrequently on company business. Through our relationship with key partners, we can provide a comprehensive solution to this problem, which we call Prestige Grey Fleet Care.

The grey fleet issue represent a major challenge for many organisations, whatever their employee headcount. Many companies have little or no control over their grey fleet, those privately-owned vehicles used by employees while 'at work'. And many grey fleets are larger than company managers believe, having grown as a result of eligible employees taking 'cash' rather than a company car.

In conjunction with our working partners, Prestige Fleet Servicing has a solution for any type or size of employer. Through a Driver Compliance Audit package - a simple web-based application, costing no more per employee per annum than the cost of a bunch of flowers - a company CEO can provide peace of mind on both driver and car. We link the driver's licence and insurance compliance to the fitness for purpose of the vehicle he/she drives and provide a comprehensive solution.

Have a look at the legal framework under which you work right now...

UK Corporate Manslaughter (England, Wales and Northern Ireland) and Corporate Homicide (Scotland) Act 2007

The UK Corporate Manslaughter (England, Wales and Northern Ireland) and Corporate Homicide (Scotland) Act 2007, which came into force in April 2008, makes it possible for a company to face a criminal prosecution as the result of the failings of senior management. All employers have a duty of care to ensure the safety of their employee when driving on company business. The Act makes it much easier to prosecute organisations for manslaughter following a work-related death, than previously. The Crown Prosecution Service (CPS) will not have to rely on an individual being found guilty of gross negligence.

All the CPS will need to do is prove the fatality resulted from a gross breach of the relevant duty of care by the organisation as a whole.

The Sentencing Guidelines Council has issued penalty guidelines relating to those found guilty under the Health and Safety at Work Act 1974 or the UK Corporate Manslaughter (England, Wales and Northern Ireland) and Corporate Homicide (Scotland) Act.

Under the former, the fine will be seldom less than £100,000 and more likely several hundred thousand pounds. Under the latter, a work-related road death will result in an organisation being fined rarely less than half a million pounds and more likely several million pounds. In addition, a publicity order could be imposed on every organisation found guilty. This could range from advertisements being placed in print, TV and radio media to an order for all customers to be informed of the conviction.

If you wish to discuss this issue, and how we can help you become compliant, please send us an email from the link below: