Driving for work is one of the most common activities undertaken by employees, yet it remains one of the highest risk. Whether using a company vehicle or a personal car for business travel, employers have clear legal duties to manage and reduce risk. This blog explores employer and employee responsibilities, common misconceptions around grey fleet use, insurance requirements, and the practical steps organisations should take to stay compliant and protect their workforce.
Responsibility on Employers: Employees Driving as Part of Their Work
Driving is one of the most common - and riskiest – work activities undertaken in the UK. Around a third of road traffic collisions involve someone driving or riding as part of their job.
Legal Obligation
Work-related driving is governed by the Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1999 and in accordance with the Road Traffic Act 1988. Health and safety law applies equally to driving for work and includes company and grey-fleet (personal vehicles used for business and includes bicycles, e-bikes and e-scooters). It is a common misconception by employers that they do not hold any liability for privately owned methods of transport.
Commuting is generally not classified as driving for work unless travelling from home to a non-regular work location.
Employer Responsibilities: Managing Risk
Employers must assess risks relating to the journey, the driver or rider and the vehicle. Hazards can include:
Hazards can include:
- Fatigue
- Distraction
- Poor weather
- Congestion
- Vehicle condition
Drivers or riders must be competent and suitably trained, legally permitted and fit to make the journey. Employers should carry out periodic licence checks to confirm legality and insurability. Consideration must also be given to lone and vulnerable workers.
Any vehicle, whether company owned or grey fleet, must be roadworthy and properly maintained. Failure in management duties can result in:
- Corporate manslaughter charges
- Health and Safety breaches
- Invalidation of insurance
Too often, no formal risk assessment is completed for work related driving, particularly when employees use their own vehicles. Unrealistic schedules, excessive driving hours, poorly planned rotas or performance related pay structures can encourage:
- Skipping breaks
- Speeding
This should also take into account commuting from home to various sites or the radius of a delivery route. A driving licence alone does not demonstrate competence. Employees should be familiar with the vehicle type and understand routine checks to minimise the risk of damage, injury or breakdown.
Employer Responsibilities: Policies and Controls
A lack of clear policies covering driving, fatigue and mobile phone use can lead to significant liability. Having appropriate policies in place protects both employer and employee by setting clear expectations.
These may include:
- A drug and alcohol policy, which should also cover prescribed and over the counter medications
- A driving policy outlining mileage recording, pre and post use vehicle checks, and accident or incident reporting procedures
- A mobile device use policy
- A lone working policy, as employees are typically driving alone
- Consideration of a fleet system to monitor or track company vehicles
When employees see a clear pathway for development, they gain a sense of purpose and direction in their role. This clarity not only motivates them to perform at their best but also increases loyalty and long-term commitment to the organisation, helping to retain top talent and build a stronger, more capable workforce.
Employee Responsibility
Employees must be legally qualified and insured when using their own vehicle for work. They must ensure any vehicle is roadworthy, comply with any medical requirements or impairments (such as eyesight) or potential side effects of any medication being taken.
Most drivers are unaware that commuting covered by most insurance policies under ‘social, domestic and pleasure’ only covers your commute to a ‘regular place of work'.
If you could use your personal vehicle to travel to different work locations such as different offices, branches or sites, or for delivery of food or goods, you will require business insurance, or your insurance would be invalidated.
Currently you could receive:
- An 'on the spot fine' of £300
- 6 penalty points on your driving licence
- Any costs for seizure of your vehicle and storage
Or a day in court where the fine could be unlimited, 6-8 penalty points, or even a driving ban.
Business insurance is generally an easy upgrade to your policy which costs very little additional (normally) but often requires an estimated total of annual business miles.
An estimated one in three road incidents involve work-related driving/riding. Good management reduces likelihood of collisions, improves wellbeing and reduces business costs.