Driving licences and driving offences
In order to be permitted to use a company vehicle of any kind an employee must hold a full and valid UK driving licence for the relevant type of vehicle.
Employees and their partners who drive company vehicles are required to submit up to date copies of their driving licences and counterparts to us annually and whenever there is any change to the details on the licence, such as the addition of penalty points. If you or your partner is charged or convicted of driving offences, or has their driving licence endorsed, you must report this to your line manager immediately so that our insurers can be informed.
Driving related fines are the responsibility of the employee who incurs them, whether or not these are incurred in the course of company business, and must be paid immediately by the employee.
If you are disqualified from driving, and are required to drive for all or a significant proportion of your job, we reserve the right to terminate your employment.
You will be notified separately of the requirements regarding fuel for company vehicles. These procedures may vary from time to time and you will be expected to comply with any changes in how we deal with this matter.
Standard of driving and consideration for other road users
When you drive a company vehicle for company business or for personal use, you should be aware that you are representing the image of our business on the road. If you drive a vehicle negligently and damage is caused to the vehicle or other persons or property, you will be liable to disciplinary action which may, depending upon the seriousness of the incident, lead to your dismissal.
Employees driving Company vehicles are expected to show due care and consideration for other road users and to comply with the law and Highway Code in their driving. Failure to drive in a courteous manner and within the confines of the law and Highway Code will be a disciplinary offence. This may cause our business to come into disrepute. Causing us to come into disrepute is a gross misconduct offence and you are liable to be dismissed for it.
Maintenance of vehicles / reporting incidents
Drivers should ensure that the vehicles in their care are properly maintained in accordance with road safety legislation and carry out all necessary checks with the appropriate degree of regularity. Drivers must advise us of any issue with a vehicle in their care. In the event that a vehicle is required for an employee to carry out their job and the vehicle is in need of repair, we will endeavour to provide you with an alternative vehicle. If this is not possible, we will endeavour to provide the employee with suitable alternative work and the employee will be required to undertake that alternative work until the vehicle is deemed roadworthy again. Failure to undertake suitable alternative work will amount to a failure to follow a reasonable work instruction which is a gross misconduct offence for which an employee may be dismissed.
You must immediately report to your line manager all damage to a Company vehicle and any incident in which the vehicle is involved. You will be required to submit a full written report of the circumstances in which the vehicle was damaged. Falsifying the circumstances of the damage in the written report will amount to gross misconduct. You will also be expected to cooperate with any police or other investigation regarding an incident involving a vehicle in their care.
Drivers are responsible for the safety of themselves, passengers, other road users and the vehicle in their care (including the load in the vehicle). Drivers must secure vehicles when leaving them unattended.
Personal use of company vehicles
Your statement of main terms of employment will specify if you are permitted to use a company vehicle for personal purposes. Details of any payment for fuel and other costs incurred by employees in respect of private mileage, where permitted, will be set out separately and you may be required to complete mileage forms to show your personal mileage. Fraudulently completing any such form will amount to a gross misconduct offence.
The value, make and model of vehicle that is provided to you is entirely at our discretion. Where a vehicle is provided for your main use, we reserve the right to require you to make the vehicle available to other employees from time to time for other business use.
We reserve the right to require employees who are absent from work to make their vehicles available for business use by other employees.
Driving under the influence of alcohol or drugs
Any use by you of alcohol or drugs while in charge of a company vehicle where that alcohol or drug use has any potential effect on your fitness to drive, will render you liable to disciplinary action, and will normally result in summary dismissal.
You are not permitted to smoke inside company vehicles. Employees in breach of this rule will be subject to disciplinary action which may include dismissal.
Mobile telephones and driving
You should note that it is a criminal offence to drive a motor vehicle while using a ‘hand held’ mobile telephone.
You should note that sitting in a stationary car with the engine running counts as ‘driving’. Further, a ‘hands free’ mobile telephone is not permitted to be used if it has to be held at any point during the call.
Use of personal car
Where you use your personally owned car in your work, you will be reimbursed for your fuel at a rate to be advised from time to time. If you are required to drive for your job should ensure that you are insured for business use. We will not contribute to the cost of any increased premium as a result of you being covered for business use as the cost of this, as well as fuel and wear and tear / depreciation is deemed to be included in the mileage rate payable.
You should note that the requirements in this policy regarding the following matters apply equally to using your own car as they would if you were driving a vehicle owned by us:-
- Consideration of other road users;
- Ensuring the vehicle is road-worthy;
- Driving under the influence of alcohol / drugs;
- Use of mobile phone;
Any breach of any of the rules of this policy is likely to lead to disciplinary action whether you are using your own vehicle for work purposes or is using a company vehicle.
This handbook has been prepared by Mark Mason Employment Law Consultancy for the exclusive use of Bumbles Day Care Limited and is not to be made available for use within any other organisation.