If you employ anyone who drives on your behalf whether in the company’s vehicle or their own, you (the Employer) have a duty of care to ensure they have a current VALID driving licence to do so. The only way to ensure the driving licence is valid is through the DVLA, visual checking and taking a copy cannot ensure this. Grey fleet is used to describe the situation when an employee uses their own vehicle to carry out their duties for the employer. The employer will of course reimburse the employee for the mileage carried out on their behalf. Just because the employee is using their own vehicle does not excuse the employer from their duty of care.
Grey fleet checks also include the condition of the employees vehicle, other documentation to be looked at and checked regularly is the vehicles MOT and the Insurance which should include business use. Chalcheck has fields on the drivers fair processing declaration form for the expiry dates of both MOT and insurance. These will show up on the web based system so as to remind you when they are due. We hope this helps you understand your liabilities and to give further information we have a short summery for grey fleet users. Our knowledgeable team is here to help so if you have any questions regarding grey fleet please give us a call 01895 459531
As an employer, you must ensure your staff know the law on company and grey fleet cars, and your own policies. Your staff should be aware that it is their responsibility to carry out work in a safe way and to have consideration for others, including the general public. Staff are personally accountable for their driving, but it is essential that you are covered by having thorough policies and a strong paper trail that would pass the scrutiny of a company audit.
A detailed guidance document has been published by the Ministry of Justice and the highlights are detailed in the following document. We have also compiled a list of key points that need to be considered with regards to your grey fleet and company car users, and they are as follows:
• Employers should take steps to identify grey fleet drivers in their organisation and then treat them in the same way as others within the fleet.
• Obtain information on your grey fleet drivers’ vehicle service history. Employers often have no idea what car their employees own and how safe these vehicles are to drive.
• Make sure driving licences are valid. Check all licences every 6 months to be sure. With Chalcheck via the DVLA
• Make sure your fleet is roadworthy. Ensure vehicles are regularly checked and the results documented.
• Develop a health and safety policy specifically for driving. Ideally, this should form a part of your induction process and would involve a signature stating that they have read and understood the information supplied.