Aside from breaking the law regarding vehicle roadworthiness, negligence about faults increases the risk of companies facing Corporate Manslaughter charges if the faults are a factor in a fatal accident.
Based on RAC’s Duty of Care Inspection checks of fleet vehicles in Q1 2011, 36% failed for tyre maintenance and 20% for faulty lights – a more than two-fold and four-fold increase on respective failure rates in 2010.
Ron Richards, senior partnership manager at RAC, says:
“It always amazes me that of the thousands of fleet vehicles out on the road daily under the responsibility of particular individuals, those people are not checking their own vehicle on a regular basis and are rendering them illegal on the road. It could also be said that there’s a lack of communication in companies between managers responsible for fleet vehicles and their drivers, so the internal checks and balances are insufficient.
“The current economic climate may mean that companies are reluctant to pay for their vehicles to be checked professionally and regularly, but this leaves them exposed to potential Corporate Manslaughter charges if the lack of maintenance on a car or van leads to a death on the road.”
Key Actions
- All fleet operators should ensure that they have adequate maintenance arrangements to ensure that vehicles are safe and fit for use. A system of planned, preventative maintenance in accordance with manufacturers’ guidance should be in place. It should be noted that MOTs only check for basic defects, and should not be seen as guarantees of safety.
- Drivers should be made aware of how to carry out basic safety checks, and know how to ensure that vehicles do not exceed maximum load weights.
- Windscreen wipers need to be inspected regularly and replaced as necessary.
- All goods and equipment which are to be carried in a vehicle should be properly secured.
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