The Importance of Fleet Driver Training
June 12, 2023
Since June 2022, there has been another piece of legislation affecting fleet drivers and owners.
The ‘Causing serious injury by careless or inconsiderate driving’ offence was created by the 2022 Police Crime and Sentencing Act[9] and inserted into the Road Traffic Act 1988.[10] This filled a gap in penalties imposed on drivers involved in collisions, resulting in non-fatal – yet potentially significant – injuries.
The penalty for any momentary lapse in concentration is now potentially a prison sentence of up to two years. A police investigation is sparked by even a minor collision involving injuries – anything from a broken bone upwards.[11] Drivers are interviewed under caution and during the interview, both they and their employer could be incriminated. An employer’s duty of care and driver training, plus the driving culture within a company, are firmly under the spotlight.
The offence penalises driving without due care and attention, and lack of consideration for other road users. Taken in the context of the revised Highway Code, this demonstrates the new lack of tolerance for lack of care. The Highway Code introduced a hierarchy of road users, with pedestrians and cyclists at the top and heavy goods vehicles at the bottom, held responsible for all other road users’ safety.[12]
Clear actions need to be taken by fleets owners:
- Increased focus on risk management, to seek to prevent accidents.
- Drivers need in-depth training, must address their bad driving habits, and be more aware of the dangers of distractions.
- Routes must be planned well.
- Vehicle maintenance must become a bigger priority, and the legal daily walk-around check must actually happen.
- Drivers must be made fully aware of the new offence and given relevant training.
- A bulletproof audit trail system should be established, so all evidence of training is on file, alongside driver signatures, to verify that it occurred.
- Policies and procedures all need thorough review.
It is advisable you put these measures in place, demonstrating that you have done everything possible, as an employer to control road accidents.
Given that drivers will automatically be interviewed under caution in injury-related incidents, it is more imperative than ever that fleets also have the right legal expenses protection in place, to provide a driver with the professional help of a solicitor, if required.
To talk to us about how best to control your risks, in light of this new legislation, please Get in touch.
Sources:
[9] https://www.legislation.gov.uk/ukpga/2022/32/contents/enacted
[10] https://www.legislation.gov.uk/ukpga/1988/52/contents
[12] https://www.gov.uk/government/news/the-highway-code-8-changes-you-need-to-know-from-29-january-2022
