Health & Safety legislation what are my legal duties now regarding car usage on business?
If your employees drive for work whether in a company car, pool car, or their own vehicle (the “grey fleet”) — your business has a legal obligation to ensure that usage is:
- Safe
- Properly insured
- Compliant with current regulations
This responsibility applies regardless of vehicle ownership and forms part of your duty of care as an employer.
Your Core Legal Responsibilities
1. Duty of Care Under Health and Safety Law
You must ensure employees are not put at risk while driving for work. This includes:
- Ensuring the vehicle is roadworthy
- Confirming the driver has a valid licence
- Monitoring fatigue and working hours
- Providing training if needed
2. Road Traffic Act Compliance
The business must ensure drivers:
- Have suitable insurance for business use
- Use vehicles that are taxed, MOT’d, and maintained
- Follow road laws (e.g. mobile phone use, drink driving)
3. Grey Fleet Management
If employees use their own vehicles, you still need to:
- Keep records of driver licences, insurance, and vehicle condition
- Have a clear and communicated policy
- Periodically check documents and safety compliance
Documentation & Evidence
To remain compliant and protect your business:
- Keep driver declaration forms up to date
- Maintain a grey fleet policy
- Use tools for automated licence checks and vehicle document tracking
How We Can Help
At LetsTalk Fleet, we can help your business:
- Build or review your grey fleet policy
- Implement compliance tools
- Explore safer, simpler alternatives like salary sacrifice or pooled EVs
Key Takeaway
Whether you have one mobile employee or a large mobile workforce, the legal burden is real and growing. Getting it wrong could lead to fines, reputational damage, or worse.
LetsTalk Fleet can help you stay compliant, efficient, and confident in how your vehicles are used for business.