Employee's obligations

This brings us to the question of employers' liability for road traffic accidents which might be attributed to defects in vehicles owned by employees but used for their employer's work. Because of the strict liability imposed should PUWER (The provision & use of work equipment regulations) apply, it would sensible for employers to ask for copies of MOT and preclude use of own vehicles where an employee cannot or will not confirm that their vehicle is regularly serviced and maintained and is roadworthy.

Internal policies should also actively require employees to ensure that before every journey they make basic roadworthiness checks (e.g, lights and tyres), and that they stop and seek competent assistance should any defect affecting roadworthiness occur during any journey, until it can be checked and roadworthiness verified.

UNISON's Working Alone Health and Safety Guide seems to assume that employers will be liable if the employee, using their own car for work purposes, finds that their vehicle is defective. Their guidance says: "Low pay in the public sector could mean that some vehicles are poorly maintained.... Employers have a responsibility to ensure that the car used is suitable, even when the employee uses their own car."

Employer's Responsibility

A word of caution though: absent strict liability doesn't mean that employers won't have liability for negligence and in the circumstances a prudent employer, wishing not only of course to avoid the risk of an accident in the first place but also to avoid liability for the consequences of such an accident, should still take reasonable steps to verify the roadworthiness of vehicles which they don't own and are to be used for work purposes, and indeed the competence of the person driving it. As a minimum they should require proof.

*MOT on an annual basis.
*Insurance - to verify that it covers use for business purposes.
*Current paper licences - on a regular basis to verify, on an ongoing basis, competence of the driver. The licence will of course identify endorsements for driving offences which might cause a prudent employer to question whether this individual should in fact be seen as competent to drive for work.

Employers should also remind employees of their obligation to check roadworthiness of their own vehicle (and where relevance adverse weather conditions) before any journey.