Employers must protect themselves from the criminal acts of their employees behind the wheel – or end up in court, reports Stephensons Solicitors’ Sean Joyce.
I recently represented a sole trader who employed eight staff.
The business owner had a small fleet of vehicles. Sensibly, the owner warned staff it was their responsibility to adhere to road traffic laws and ensure compliance with the terms of their driving licences.
Terms were inserted in the staff handbook; memos sent to all employees; and warning notices placed in the staff room.
However, it is very difficult, even in a small business like this one, to control all staff actions.
The business owner went on holiday for a week. Despite all of the warnings, while he was away, an employee took one of the vans onto the road towing a trailer. This created a combined weight of more than the 8250kg he was allowed to drive on his car licence.
The driver was stopped by a traffic police officer; taken to a local weighbridge; and interviewed under caution.
Later the same day the firm’s contract manager was also questioned. By the time the owner returned from holiday the damage had been done. The two staffers did not take legal advice before answering questions which, with hindsight, was a mistake.
While you might think the employee responsible only had himself to blame for an endorseable offence, there was a real sting in the tail. As a result of the answers provided by the driver and contracts manager, the police were able to prosecute the employer personally for allowing an employee to use the vehicle illegally.
This might seem unfair. The owner had tried to prevent exactly this sort of occurrence. It might have been different had the two employees taken legal advice before answering questions. This can be impractical at the roadside but it was, nevertheless, an entitlement they had.
It is very difficult to limit criminal responsibility. Employers are vicariously liable for the criminal actions of their staff while in their employment. Any employer with vehicles should ensure that they, and all their staff, have access to legal advice from lawyers specialising in road traffic law.
Further information
- Carry on Driving is a 24 hour helpline operated by specialist road traffic lawyers. Advice at the very outset can save you and your staff lots of headaches later down the line.
- Membership of Carry on Driving has lots of other benefits as well, such as representation at the police station for free, and representation in court by solicitors and barrister, to help avoid or reduce points and the chances of a ban.
- Readers of Business Car Manager are offered free membership by calling 0845 00 20736 or visiting Carry on Driving at the Stephensons Solicitors website.
