Buckinghamshire Council is committed to ensure the health, safety, and welfare of all its employees while at work and this includes driving whilst on Council business.  Almost a third of all road traffic accidents in the UK involve somebody who is “at work.”

Buckinghamshire Council recognises the use of motor vehicles and bicycles for Council business, which requires appropriate health and safety measures to protect both staff and third parties.  These arrangements take into account the individual ability of drivers and it is important appropriate risk assessments are undertaken and control measures put in place. 

In view of the risks associated with the use of mobile phones, Buckinghamshire Council’s decision is that mobile phones, including handsfree, will not be used by staff while driving at work. Please refer the Buckinghamshire Councils Mobile Phone Policy 10.04

This policy and guidance have been written to ensure consideration is given to controlling the risks involved whilst driving on Council business.  It covers people who drive or ride any vehicle for work (termed ‘work drivers’).  This applies to employees and others authorised (such as volunteers and agency staff) to drive on Council business.  This arrangement excludes commuting to work unless the employee is travelling from their home to a location which is not their usual place of work.

Objectives:  

• To ensure all vehicles used for work, whether they are Council or privately owned, are roadworthy, suitable for business travel, are properly maintained and where applicable have valid MOT, road tax and business insurance.

• To ensure all drivers have a valid license, training, and appropriate business insurance.

• To ensure the Health and Safety of staff (and those who may be affected) whilst driving for work.

Legislation:

• The Health and Safety at Work Act 1974

• The Management of Health and Safety at Work Regulations 1999

• Provision and Use of Work Equipment Regulations 1999

• Road Traffic Act 1991

• Road traffic accidents that result in a fatality may lead to action being taken under the Corporate Manslaughter and Corporate Homicide Act 2007.

Driving whilst at work may increase risks such as fatigue, stress, working alone and unforeseen external events.  Line Managers have a duty to ensure risk assessments and appropriate arrangements are in place to minimise risks and protect the health and safety of staff and others who may be affected by encouraging a sensible and safe approach to driving for work.  Risk assessments enable Managers to make informed decisions about matters such as driver training and identify where health and safety improvements can be made.

Managers will assist employees to adapt generic risk assessments appropriately to make them specific to individuals’ circumstances.

Managers will encourage staff to mentally risk assess all journeys and to take the appropriate action when and where hazards arise.

Please refer to Model Risk assessments at the end of this policy.  Also refer to H & S Policies and Procedures, Section 2.1 Risk Assessments and appendices. Risk Assessment Guide

Minimising the risks:

Pressures of work and exposure to risks from driving can be minimised by adopting appropriate risk reduction measures including:

• Minimising the need to drive for work by planning work to reduce the need to travel, considering on-line meetings and conference calling, or use of public transport.

• Allowing sufficient time for journeys to enable them to be completed legally and safely without exceeding speed limits.

• Planning the safest route, taking into account traffic information and weather conditions.

• Planning breaks during a journey.

Drivers are responsible for making their own decisions regarding risk management e.g., unexpected severe weather, unexpected dangerous traffic conditions, unexpected fatigue, etc including the cancellation of a journey or a postponement of a meeting.

• Staff should take appropriate precautions to mitigate the adverse effects of a breakdown and follow the Department for Transport guidance for safe winter driving: https://www.gov.uk/government/news/make-time-for-winter--2 or the advice given on the RAC website: https://www.rac.co.uk/drive/advice/winter-driving/

• Staff should adhere to corporate and service areas contact arrangements for ‘out of office’ and ‘out of hours’ working (involving notification to Managers of officers itinerary and timing, checking in and follow up arrangements, mobile phone arrangements etc.).

• If Managers have concerns about employees’ ability to drive due to illness, fatigue, or possible influence of alcohol or drugs then the employee should not be allowed to drive, and HR should be informed.

3.1 HR Team

• To support Managers where they have concerns over an employee’s ability/suitability to drive. Arrange training or a referral to Occupational Health when required.

• Keep a copy of the driving licence, car insurance and MOT of all work drivers on commencing employment with the Council. (for those driving HGV’s for Buckinghamshire Council, please refer to your Legacy Council policy)

3.2 Line Managers

• Must undertake risk assessments, which must be reviewed yearly or when circumstances change, for all staff driving vehicles whilst at work. Please refer to points 2.0 and 22.0 in this policy.

• To share the findings of the risk assessments with the relevant employee/driver.

• Ensure all work drivers are aware of the arrangements for driving at work, accident reporting, the use of mobile phones and lone working and to bring this policy to their attention.

• Managers will ensure that drivers have the correct licence type before authorising the towing and loading of trailers.

• To be satisfied, as far as is reasonably practicable, that the driver is competent to drive, holds a valid driving license, is properly insured, and has a suitable, roadworthy vehicle.

• Ensure yearly checks are made to ensure a valid driving licence, business use insurance and where appropriate a current MOT. Point 22.0 of this policy ‘Annual Drivers Document Checklist’ should be used.

• For HGV drivers, quarterly checks will be made on driver’s driving licences, business use insurance and where appropriate MOT. Please refer to Legacy Council policy for further information on Fleet vehicles and transport.

• To ensure that any vehicles owned by the Council are suitably maintained, have appropriate insurance, MOT and current road tax. Please refer to legacy council policies.

• The Line Manager will arrange to carry out accident investigations and provide necessary training and further assessments to staff as required.

• Random checks may be carried out by Managers to ensure drivers are driving safely and that their vehicle is being maintained correctly.

• Ensure employees who drive on behalf of Buckinghamshire Council understand that they are responsible for their own personal safety. Please refer to Buckinghamshire Council's policy on this.

• The Line Manager will ensure that employees understand that it is their responsibility to ensure that their vehicle is in a roadworthy condition before driving on behalf of Buckinghamshire Council.

• It is essential that Managers identify the correct category of driver for employees in their team. Please refer to point 16.0 of this policy.

• Ensure that employees understand what to do in the event of an accident in relation to insurance, provide them with a bump card and make a report on AssessNet. We have a guide available.

• In the event of an accident, inform the Insurance team. Where a third party is involved, it is essential that the accident is called through to the vehicle insurers the same day, followed by the Insurance team.  

3.3 Work Drivers

• Are responsible for ensuring they are fit and healthy to drive. This includes considering fatigue, illness and eyesight as required under the Road Traffic Act.

• Make their manager aware of any issues and deficiencies which could affect road safety including:

• Workload where it has an influence on the need for travel or the timing and manner of travel.

• Roadworthiness of their vehicle.

• Anything that might affect their ability to drive, including any changes in medical condition and status of licence e.g., disqualification to drive.

• Reporting all accidents (whilst on Council business), whether during or outside working hours, using the AssessNet system. Be responsible for keeping up to date with any changes to the Highway Code.

• Drivers of vehicles must wear a seatbelt while driving and cyclists must wear appropriate helmets and Hi-Visibility clothing.

• Whilst driving on Council business drivers must ensure that their vehicle is roadworthy and in a safe mechanical condition. They are responsible for carrying out regular checks and ensuring that their vehicles are properly maintained.

• Should the vehicle breakdown while driving for work, the driver should report to their Line Manager immediately so any guidance or help can be provided.

• Have a valid and appropriate driving licence for the class of the vehicle used, have business use insurance and, where appropriate, have a current MOT certificate for the vehicle(s) they use. These must be shown to their manager on a 6^th monthly basis.

• Drivers are expected to comply with driving for work risk assessments, traffic legislation and drive appropriately in varying weather conditions. This includes complying with speed restrictions and Buckinghamshire Council’s policy on the non-use of mobile phones when driving.  Other electronic equipment such as radios and satellite navigation systems may only be used when it is safe to do so.  (Any fines or legal costs relating to inappropriate driving or parking will be the responsibility of the driver).

• Drivers must be able to satisfy the eyesight requirements set out in the Highway Code.

• When driving in a council owned vehicle or when carrying a passenger, smoking, or vaping is prohibited.

• Do not drink alcohol or take drugs and then drive. This will impair your driving ability.

• Employees who drive on behalf of Buckinghamshire Council understand that they are responsible for their own personal safety. Please refer to Buckinghamshire Council H&S Personal Safety policy. 

• Employees have the responsibility to ensure that their vehicle is in a roadworthy condition before driving on behalf of Buckinghamshire Council.

• Drivers of Buckinghamshire Council owned, or leased vehicles must follow their legacy council policy for Driving for work.

• Employees must report existing and new endorsements and penalty points to their Line Manager. Buckinghamshire Council has a ‘no blame’ culture for the reporting of endorsements and penalty points.  Under Duty of Care, employees will be offered further driver training when either the number of penalty points reaches 7 + or the endorsement code indicates further training would be beneficial. 

• Employees are responsible for all fines relating to speeding, parking and road traffic act offences they have committed. If prosecuted for a road traffic offence, employees will be responsible for legal costs.

• Employees must actively take part in any driver rehabilitation training, where offered, as an alternative to prosecution. Training should be undertaken within 3 months of notification.

• HGV drivers must follow their legacy council policy.

All employees driving a vehicle insured by Buckinghamshire Council, or on hire are subject to a driver assessment. Under no circumstances should drivers use such vehicles until they have successfully completed the assessment.

Employees may be offered appropriate additional training, should an incident report, reported endorsements, penalty points or profile assessment indicate a concern.  Employees must undertake any further driver training as indicated within 3 months of notification.

Employees must complete a Driver Assessment Profile as the manager may feel appropriate to the individuals’ circumstances.

For further information please follow your legacy council policy.

• By submitting an electronic mileage claim, drivers are confirming they have a valid driving licence, insurance certificate including business use clause and where appropriate a current MOT Certificate.

• If the insurance certificate, driving licence or MOT is found to be incorrect, then Buckinghamshire Council’s Disciplinary or Capability procedures as appropriate will be initiated.

• Office equipment such as laptops, PDAs, electrical/paper organisers, must not be used whilst the vehicle is moving.

• Satnavs must not be programmed unless the vehicle is stationary.

• Laptops, bags or anything of value or weight should be stored in the boot of the car and out of sight to avoid theft and potential injury to the driver occurring if the vehicle was involved in a car accident.

• Theft of laptops etc. will not be covered by Buckinghamshire Council’s insurance if they are left in a vehicle at any time. Such losses may be covered by your team.

• For COSHH an explanation of Managers responsibilities concerning this subject can be found in Buckinghamshire Council’s Health & Safety Policies and Procedures, COSHH 4.1.

• Managers will ensure that employees are aware of both COSHH and CHIP regulations where applicable. Guidance (hse.gov.uk)

• Managers will implement Buckinghamshire Council’s Disciplinary and Capability Procedures, as appropriate for employees who disregard safety advice for hazardous substances.

• For ADR an explanation for this can be found in Legacy Council Policies.

• Managers will give guidance when contacted by an employee who has either broken down or has vehicle problems.

• Buckinghamshire Council recommend casual/regular drivers should consider arranging their own emergency breakdown cover. This is not covered by Buckinghamshire Council.

• Please refer to Buckinghamshire Council H&S Personal Safety policy.

Buckinghamshire Council owned vehicles are to be used for Council business only and must not be used for private use, including journeys to and from home and work and private business during authorised breaks without prior permission of the Manager. For more information, refer to your legacy council policy for Fleet Transport.

• Staff must carry out a visual daily check on their vehicle prior to driving (e.g., check tyres, lights, wipers work and have fluid. Windscreen and mirrors clear and there is a first aid kit).

Any vehicle including cars and vans, obtained by services from any other providers e.g., hire company, other organisation etc. must be insured by the provider with motor insurance specifically covering the use of the vehicle for business use. The policy cover should not be less than comprehensive.  Users will be responsible for settling directly with the provider any damage excess under the insurance arrangements that have been made.

It may be possible to insure long term hire vehicles under the Councils policy. Please contact the Insurance Team (01296 383197) for advice.

Please follow legacy council policies for loading and towing and ensure you are compliant with Government restrictions on the size of the load.

• The Law requires everyone to wear a seat belt if one is available.  Wearing seatbelts saves lives and reduces the risk of serious injury in a collision.

• Rear-facing baby seats MUST NOT be used in a seat protected by a frontal airbag unless the airbag has been deactivated.

• Children under 3 years must use the child restraint appropriate for their weight in all cars, vans and other goods vehicles, with the single exception for the rear of taxis. They cannot travel otherwise. This means for example that they may not travel in cars, vans or goods vehicles which do not have seat belts installed.

• Children must use a child car seat until they’re 12 years old or 135 centimetres tall, whichever comes first.

• Advice on the use of child seats and the correct fitting of them can also be sought from Good Egg Safety  and/or Children's Car Seats & Safety Advice in the UK & Ireland - ICSC (incarsafetycentre.co.uk)

14.1 Buses and Coaches (including minibuses)

• Passengers over the age of 14 years must wear a seat belt in coaches. They must be notified of the requirement to wear a seat belt (this is usually by a notice on the vehicle, an announcement or a film). Each passenger is legally responsible for wearing their seat belt. The law does not yet require passengers under 14 years old to wear a seat belt.

• The Law provides for the medical exemption of wearing of seatbelts. Certificates are only issued by GP’s and should be shown to line managers for recording the details on the Drivers Assessment Form.

• If you drive passengers under 14 years old, you as the driver, are responsible for ensuring that they are correctly restrained within the vehicle. Failure to do so could result in legal action against you.

• At the age of 14 young people become responsible for wearing their seat belts and can be fined by the police for non-compliance with the law.

Child seats must be checked for suitability with the vehicle as well as for the age and size of the child and comply with current legislation.  Seat Belts and Child Restraints (think.gov.uk)

• Child seats should not be used on front passenger seats where an active airbag is fitted.

Advice on the use of child seats and the correct fitting of them can also be sought from  Good Egg Safety and/or Children's Car Seats & Safety Advice in the UK & Ireland - ICSC (incarsafetycentre.co.uk)

It is common for Social Care staff to be in a position of needing to transport clients, either in Council vehicles or in their own vehicles in the course of their work. Whilst this can include picking the client up from their own home it is equally as likely to include transporting the client as part of their day service activities, as we increasingly try to work with people in mainstream community settings rather than segregated buildings. However, we need to ensure that all necessary actions have been taken to ensure the safety of both staff and clients whilst in transit.

It is not a requirement for Council staff to provide or use their own vehicle in the course of their duty unless this is stated in their job description. Staff should not feel under pressure to provide transport or travel alone with clients if they have significant uncertainty or doubt about the safety of this action. This applies whether the member of staff is using their own vehicle or using a Council vehicle.

Where staff are willing to use their own vehicle, they are responsible for ensuring that it is adequately insured for ‘business use’. It is important that all staff accept responsibility for ensuring that this clause exists, and managers regularly check that it is in place. Any queries about this should be clarified with the Insurance Team.

On the following two pages, there are Risk Assessment forms ‘A’ & ‘B’ which should be jointly completed by drivers and Line Managers to assess if it is reasonably safe to transport clients in staff’s own vehicles.

• Please print or photocopy as many blank Forms ‘A’ & ‘B’ as is necessary.

• Form ‘A’ relates to factors involving the vehicle and driver. When completed, it is to be kept with the drivers personal file at relevant establishment. 

• Form ‘B’ relates to factors involving the client and journey and is to be kept with the clients file but must be made available for all driver/escorts/managers to access.

• Please answer all questions, record n/a in notes column if question not applicable.

• It is advised that the forms are completed jointly by driver and line manager.

• Form ‘A’ needs to be completed at intervals (at least yearly) but does not need to be done for every journey. It is advised that it is reviewed when material factors change e.g., change of car, or health of driver etc.

Form ‘B’ needs to be completed for each journey, however if same journey/same client/same driver/same vehicle etc. then form ‘B’ can be completed once for a set of journeys.

15.1 RISK ASSESSMENT CHECKLIST FOR USE OF STAFFS OWN VEHICLES TO TRANSPORT CLIENT/SERVICE USERS. VEHICLE & DRIVER - FORM A

15.2 RISK ASSESSMENT CHECKLIST FOR USE OF STAFF'S OWN VEHILE TO TRANSPORT CLIENT/SERVICE USERS. CLIENT & JOURNEY - FORM B

It is essential that Managers identify the correct category of driver for employees in their team.

The detailed responsibilities are outlined in the specific conditions and instructions, and/or conditions of employment, as issued by the Heads of Service responsible for each of the categories of driver which are defined below:

16.1 Any drivers and vehicles forming part of Buckinghamshire Councils operational ‘Fleet Management’ fleet, at any time (this includes any vehicle hired, or loaned, by any service, school or group supported by the council e.g., youth clubs)

Please follow your legacy council policy.

16.2 Drivers of vehicles whilst on business operated under Buckinghamshire Council staff car leasing scheme

Please refer to your legacy council policy

16.3. ‘Essential Vehicle Users and Casual Vehicle Users’ whilst on Buckinghamshire Council’s business (car, motorcycles and pedal cycles) as authorised by Heads of Service

Essential and casual car users and motorbike riders provide their own vehicle and are subject to the requirements of this policy.  In addition, on each travel expense claim form, they are required to sign a declaration that they have a suitable valid driver’s licence, insurance and a MOT Certificate where applicable.  In the case of pedal cycles, the riders are also subject to the detail in the ‘Cycling for Work’ Policy, section 10.5, under Health &Safety Policies and Procedures.

16.4 Staff in Social & Community Care

Users’ as detailed in point 16.0 ‘Use of Staff’s Own Vehicles to Transport Clients’ are subject to the risk assessment procedure, and should use the forms A & B as recommended.

16.5 Volunteers

Managers from time to time may employ temporary or volunteer staff who may drive on Buckinghamshire Council business that then place them into one of the categories above.  In such cases the full provisions of this policy will apply to them as if they were direct employees.

 

Further advice for driving at work is available from the HSE at:

http://www.hse.gov.uk/workplacetransport/drivingforwork.htm

The following model risk Assessments can be adapted to suit individual’s circumstances and journeys.  Generic risk assessments have been carried out based on mileage and the type of journey involved.

Measures to lower risks, such as home working if practical or the use of other forms of transport should be considered.  This not only reduces congestion and pollution but also eliminates the risk of road collisions.

Attention must be paid to reducing the risks relating to driver tiredness.  Driving performance is not only affected by the length of driving time, but also by the activities during the non-driving period.  Weather conditions can also significantly affect risk ratings.

18.1 MODEL RISK ASSESSMENT - DRIVING IN & OUT OF THE COUNTRY

18.2 MODEL RISK ASSESSMENT MOTORCYCLING IN & OUT OF THE COUNTRY

18.3 MODEL RISK ASSESSMENT CYCLING ON BUSINESS

Managers of Council staff who use their personal vehicles at work are to ensure that driving licences, MOT and insurance certificates are checked for validity annually.

19.0 ANNUAL DRIVERS DOCUMENT CHECKLIST

15.1 RISK ASSESSMENT CHECKLIST FOR USE OF STAFFS OWN VEHICLES TO TRANSPORT CLIENT/SERVICE USERS. VEHICLE & DRIVER - FORM A

15.2 RISK ASSESSMENT CHECKLIST FOR USE OF STAFF'S OWN VEHILE TO TRANSPORT CLIENT/SERVICE USERS. CLIENT & JOURNEY - FORM B

18.1 MODEL RISK ASSESSMENT - DRIVING IN & OUT OF THE COUNTRY

18.2 MODEL RISK ASSESSMENT MOTORCYCLING IN & OUT OF THE COUNTRY

18.3 MODEL RISK ASSESSMENT CYCLING ON BUSINESS

19.0 ANNUAL DRIVERS DOCUMENT CHECKLIST