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Law
As an employer, responsible for a vehicle fleet and/or drivers, you will need to be familiar with:
Corporate Manslaughter Act 2007
The Corporate Manslaughter Act came into force on 6th April 2008, the purpose of which is to hold those who play a significant role in the making of decisions about how the whole - or a substantial part - of an organisation's activities that are to be managed or organised, or those who play a significant role in the actual managing or organising of those activities, accountable.
Section 20 creates a new criminal offence of causing death by careless - or inconsiderate - driving, providing an alternative verdict where prosecution for a more serious offence has been unsuccessful thus it is an offence to cause a death by driving a mechanically propelled vehicle on a road or another public place without due care or attention, or without reasonable consideration.
Section 21 creates a new criminal offence of causing death when unlicenced, disqualified, or without insurance. Unlike the other death by driving offences, the standard of driving is not relevant and the culpability arises from a person driving a vehicle on a road when by law they are not allowed to do so.
Section 30 defines the meaning of driving without due care and attention for the purposes of the offence of causing death by careless or inconsiderate driving (Section 3 Road Traffic Act 1988) and causing death by careless driving when under the influence of drink or drugs (Section 3A Road Traffic Act 1988).
These provisions came into force on 18th August 2008.
The Road Traffic Act 1988 relates to drivers' responsibilities and liabilities on U. K. roads, and regulates the penalties for many motoring offences, but was amended in 1991 through concerns brought about the way in which motoring offences were being dealt with by the Criminal Justice System.
The Road Traffic Act 1991 came about following a Road Traffic Law review during which it became evident that the law relating to "bad-driving" was deficient and should be reformed.
Road Traffic Regulation (Special Events) Act 1994
The Road Regulation (Special Events) Act 1994 deals with sporting and social events held on U. K. roads.
Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974 requires you to ensure, so far is reasonably practicable, the health and safety of all employees while at work and others are not put at risk by work-related driving activities.
Health and Safety at Work Regulations 1999
The Health and Safety at Work Regulations 1999 requires you to manage your health and safety effectively and you need to carry out an assessment of the risks to the health and safety of your employees, while they are at work, and to others who may be affected by their work activities - and the regulations require you to periodically review your risk assessment so that it remains appropriate.
Regulatory Reform (Fire Safety) Order 2005
The Regulatory Reform (Fire Safety) Order 2005 came into effect in October 2006 and replaces over 70 pieces of Fire Safety law and applies to all non-domestic premises in England and Wales.
For more information, please e-mail us at: enquiries@lac-consilium.com.
LAC Consilium Limited, registered in England (company no. 06588730 and VAT registration no. 932 0325 61) and registered office details: LAC Consilium Limited, Suite 21, Lords' Business Centre, Lords' House, 665 North Circular Road, London NW2 7AX. Copyright © LAC Consilium Limited 2008 - 2010. All rights reserved and any unauthorised copying, duplication, reproducing, selling, or distribution, whether for commercial or personal use, will constitute an infringement of copyright.