General
36.1 Employees are notified individually if they are entitled to use a Company vehicle for the better performance of their duties. Company vehicles are provided as a tool of your trade and not as a benefit. Such entitlement is subject to the following terms and conditions of this policy. In the event of an employee failing to comply with the obligations under this policy, the Company shall be entitled, at its sole discretion, to withdraw or limit the use of the Company vehicle so provided without giving any reason and without compensation.
Choice of vehicle
36.2 The Company reserves the right to decide by what means Company vehicles will be provided (e.g. by lease or purchase).
36.3 The Company will determine the make and model of vehicle to be provided and reserves the right to change the make and model of such vehicle at its sole discretion.
36.4 The arrangements for the purchase or lease of vehicles will be for the Company to decide in the circumstances.
Running and Other Costs
36.5 The Company will pay/arrange for Company vehicles provided to be comprehensively insured and taxed.
36.6 Employees are responsible for ensuring that their Company vehicles are kept clean (both inside and out) and are maintained in a roadworthy condition. The Company will arrange all servicing and maintenance.
36.7 Petrol costs incurred on the Company’s business will be reimbursed and should be recovered as expenses in the normal way. Copies of garage receipts must be provided to the Company. Credit Card receipts alone will not suffice.
Employee Obligations
36.8 Employees provided with a Company vehicle are required to comply with the following requirements, which are conditions of entitlement to the use or benefit of a Company vehicle:-
- to take reasonable care of the vehicle and to keep it in a clean condition;
- to keep the vehicle in a roadworthy condition and to take appropriate action to remedy any faults;
- to report at the earliest opportunity to the Company any damage to the vehicle or any accident arising from its use, regardless of how such damage or accident occurred. Failure to do so may lead to loss of insurance cover for such damage or accident, in which event the employee will be liable to indemnify the Company for such loss;
- to report at the earliest opportunity any incident concerning the police which arises from the use of the Company vehicle;
- to comply with the provisions and conditions of any policy of insurance relating to the vehicle and the Company’s requirements in respect of assisting with insurance claims or investigations into accidents, damage or police enquiries arising from the use of the Company vehicle. The employee is responsible for the above matters, even if not personally driving the Company vehicle at the relevant time. No person other than the authorised employee is allowed to drive the vehicle unless they have the written permission of the Company.
Accidents
36.9 The Company is mindful of its rising insurance cost and considers 2 or more accidents involving the same employee in any 12-month period to be unacceptable. In such event, the employee concerned will be liable to pay the Company’s insurance excess for the third and subsequent accidents. If an employee has an accident due to his/her carelessness, negligence or dangerous driving such conduct will be treated as misconduct and might result in dismissal.
36.10 If, for whatever reason, an employee ceases to hold a valid driving licence and should thereby be unable to carry out the employment properly and effectively or attend for work (as the case may be), then in the absence of suitable alternative employment being available the employee may be liable for dismissal.
Criminal Proceedings
36.11 In the event of either the employee or the Company becoming involved in criminal proceedings in connection with the employee’s use of the Company vehicle, the employee will be responsible for all parking fines and charges, costs, fines, criminal compensation and any other similar liability connected with or arising from such criminal proceedings. In the event of the Company initially paying some of the above liabilities, the employee will reimburse such sums within 28 days, in default of which the employee agrees that such sums may be deducted from the employee’s salary. These provisions also apply to an employee where such fines and other liabilities have been incurred by any other person who has used the vehicle.
Termination of Employment
36.12 Where any employee is summarily dismissed or is not required by the Company to work out the notice period (regardless of who gave notice), the employee will be obliged to return the Company vehicle on the last day of work in accordance with the Company’s instructions and shall not be entitled to any further use or benefit of the vehicle or to any monetary value in lieu thereof.
36.13 The Company may, at its sole discretion, agree to the employee’s continued use or benefit of a Company vehicle after the last day at work. Such permission will be given in writing specifying the terms and conditions of such continued use or benefit.
36.14 You shall inform the Company immediately if you are convicted of any offence under road traffic legislation in the United Kingdom or elsewhere. If you are disqualified from driving for any period the Company reserves the right to dismiss you, provided driving is an essential requirement of your job.
Use of Mobile Phones in Vehicles
36.15 As part of our overall health and safety policy, the Company is committed to reducing the risks which its staff face and create when driving or riding for work. The Company asks its entire staff to play their part, whether they use a Company vehicle, their own or a hire vehicle. Staff driving for work must never make or receive calls on a hand-held mobile phone while driving. Persistent failure to do so will be regarded as a serious matter.
Senior Managers must:
- Lead by example, both in the way they drive themselves and by not tolerating poor driving practice among colleagues.
Line Managers must ensure that:
- they also lead by personal example
- they do not expect staff to answer calls when they are driving
- staff understand their responsibilities not to use a hand-held or hands-free mobile phone while driving
- staff switch phones to voicemail, or switch them off, while driving, or ask a passenger to use the phone
- staff plan journeys to include rest stops which also provide opportunities to check messages and return calls
- work practices do not pressurise staff to use a mobile phone while driving
- compliance with the mobile phone policy is included in team meetings and staff appraisals and periodic checks are conducted to ensure that the policy is being followed
- they follow the Company’s monitoring, reporting and investigation procedures to help learn lessons which could help improve the Company’s future road safety performance
- they challenge unsafe attitudes and behaviours, encourage staff to drive safely, and lead by personal example by never themselves using a phone when driving.
Staff who drive for work must:
- never use a hand-held or hands-free phone while driving
- plan journeys so they include rest stops when messages can be checked and calls returned
- ensure their phone is switched off and can take messages while they are driving, or allow a passenger to use the phone
- co-operate with monitoring, reporting and investigation procedures.
Variations
36.16 The Company reserves the right, at its sole discretion, to amend or vary any of the terms of this vehicle policy from time to time.
36.17 In the event of such variation or amendments being made, the Company will give reasonable notice of any change.
36.18 Where the Company decides to change its arrangements for the supply of Company vehicles, it may be necessary to replace existing vehicles in the possession of employees with vehicles provided under the new arrangements.