First Company and Director faced with prosecution

Fleet operators are urged to take note as the first Corporate Manslaughter prosecution against a company and an individual director is authorised by the Crown Prosecution Service.

On 23rd April 2009, a charge of Corporate Manslaughter (which became law on 6th April 2009), was authorised by the CPS against Cotswold Geotechnical Holdings Ltd.

The prosecution is in relation to the death on 5th September 2008 of an employee of Cotswold Geotechnical Holdings Ltd, who  was crushed to death when the sides of an excavation pit he was working in collapsed.

A director of the company has been charged with gross negligent manslaughter and with an offence contrary to Section 37 of the Health and Safety at Work Act 1974.  As a company, Cotswold Geoechnical Holdings Ltd has also been charged with failing to discharge a duty contrary to Section 33 of the Health and Safety at Work Act 1974.

The reviewing lawyer of the CPS Special Crime Division stated that they have concluded that there is sufficient evidence for a realistic prospect of of a conviction for this offence.

The director will appear in court on 17th June 2009, where he faces charges both as an individual, and on behalf of the company. If convicted for gross negligent manslaughter, he could face a maximum sentence of life imprisonment, whilst a conviction for Corporate Manslaughter could see the company faced with an unlimited fine.

PLEASE REMEMBER

All companies with employees who drive on company related business have a duty of care under Health & Safety law to ensure that, as a bare minimum,  a work related risk assessment has been undertaken, the results of which must be acted upon in an appropriate manner. This applies regardless of whether the vehicle is company owned, a hire vehicle, or is the employees own.

Please make use of our FREE online risk assessment tool and please contact us for details of our FREE driver policy document.

Bill Plant Fleetcraft Ltd, one of the UK’s leading Occupational Road Risk Management and Driver Training specialists, has changed its name and is now Corporate Driver Management.

Bill Plant CDM Ltd takes pride in its services, delivering measurable and tangible results, not only in the field of Occupational Road Risk Management and Consultancy but also driver training to a very high standard. The results include reduced accident rates and improved fuel economy as well as lower fleet operating costs. Working in partnership with local authorities, fleet operators, contract fleet hire companies; Bill Plant CDM Ltd has a proven record, of which it is justifiably proud.

You can can now find Bill Plant CDM Ltd at www.corporatedrivermanagement.co.uk.

Benefits of Corporate Driver Management

Case studies and research have shown that benefits from managing work-related road safety include:

• Reduced accidents and collisions
• fewer days lost due to injury
• reduced risk of work-related ill health
• reduced stress and improved morale
• less need for investigation and paperwork
• less lost time due to work rescheduling
• fewer vehicles off the road for repair
• reduced running costs through better driving standards
• fewer missed orders and business opportunities so reduced risk of losing the goodwill of customers
• less chance of key employees being banned from driving, e.g. as a result of points on their licences or ill health

Corporate directors and managers who ignore the management of employees’ driving for work could face two years in jail or a fine of upto £20,000 imposed by a Magistrate as new laws come into effect. The new Health and Safety (Offences ) Act 2009 came into force on 16 January 2009. It is aimed at punishing individuals who breach health and safety rules. However, unlike the Corporate Manslaughter and Homicide Act implemented in April last year, the breach does not have to result in a death.

Protect your company now. Bill Plant Fleetcraft Ltd takes pride in its services, delivering measurable and tangible results, not only in the field of Occupational Road Risk Management and Consultancy but also driver training to a very high standard. The results include reduced accident rates and improved fuel economy as well as lower fleet operating costs. Working in partnership with local authorities, fleet operators, contract fleet hire companies; Bill Plant Fleetcraft has a proven record, of which it is truly proud.

Professional bus drivers provide a huge service to the community by providing public transportation to and from the many destinations on their route.  If you are a people-person and enjoy driving – especially on a tour with the chance to see new places – then you may be interested in getting a driver’s license with the professional passenger carrying vehicle (PCV) driver specification. 

Regardless of whether you are driving a tour bus, a taxi cab, or limousine, your customer’s comfort will always come first.  You also have to be very up to date on your vehicle and ensure that it is in the best shape possible to traverse the many roads you will travel on.  You never want to risk the safety or lives of your passengers or yourself.  Before embarking on any trip, always make sure your tires are properly inflated and in good shape, that the engine has all the appropriate level of fluids in it, and that all of the lights, windshield wipers, and horn work.

While you may get a bit of abuse about running late due to traffic if you are a bus driver, remind yourself that traffic conditions are beyond your control and that this is not your fault.  Always smile pleasantly at your customers and have patience.  A lot of elderly people use the bus and they do not move quite as fast as some others.  Always follow your company’s rules and regulations and if a passenger becomes unruly to the point that they could be dangerous, ask them to leave the bus as soon as possible.

One of the most important documents a person can possess is their driver’s license.  It not only serves as a representation of your authority to operate a motor vehicle, it also serves as a photo identification to prove that you are who you say you are.  Photocard driver licenses include your photograph, which is updated every ten years, what type of vehicle you are licensed to drive, your name and address, and a number that has been assigned specifically to you.  An additional paper counterpart to the photocard license lists any endorsements or penalties you may have.

If you are interested in obtaining your provisional driver’s license and you have never had one, you can apply for it at your local post office.  The cost is £45. 00 and if you are from overseas, you will need to present your passport to the clerk so that they can verify your identity.  If you are a current resident of the country and are applying for your license, you will be required to attend and pass both classroom and practical driving classes before you will be issued your full license after passing a test.

Some people may need to renew their driver’s license even before the ten-year mark because of medical conditions.  Once you reach the age of seventy, you are required to renew it every three years.  Commercial drivers may need to renew their licenses at more frequent intervals because of the special nature of the vehicles they operate.  If you have a change of address, there is a way to notify the licensing bureau and having it updated by mailing in the information.  Your post office carries all of the booklets and forms necessary for you to get and obtain your driver’s license.

It has never been more important than now to ensure that all employees within a company who has either, access to, or drives company vehicles are full trained and aware of the legislation now in place that affects them and their employers. This also includes those drivers who use their own vehicles for company use, either as part of the job, or on a temporary basis.

The consequences for the company can be very serious in the event that the employee is involved in an accident, or the vehicle is defective, or not correctly insured. At Bill Plant Fleetcraft Ltd., as one of the UK’s leading Occupational Road Risk Management and Driver Training specialists, we provide an extensive range of services delivering measurable and tangible results, not only in the field of Occupational Road Risk Management and Consultancy but also driver training to a very high standard. The results include reduced accident rates and improved fuel economy as well as lower fleet operating costs. Contact us, the Corporate Manslaughter Bill became law on the 6th April 2008!

As a car or commercial vehicle driver, or someone who is taking driving lessons, we have to be particularly aware the there are other road users, those of the two wheeled variety the biker. Cycling and motor cycling have seen a recent revival due to more predictable journey times and better fuel consumption, especially in urban areas.

Drivers of cars and commercial vehicles have to pay particular attention to these other road users, who for various reasons fail to see the motorcycle coming towards them. Often the car driver looks but fails to see the biker, particularly acute at junctions and that is why it is the subject of an advertising campaign. “Sorry mate I didn’t see you” is for too many bikers the last words they hear before they are put in the ambulance. Pay particular attention to your nearside mirror do not compromise the safety of the cyclist on your near side.

If you are a fleet driver for a company, you may have already taken an approved advanced motoring course.  If not, the course will teach you how to drive better through planning and the efficient use of the road to ensure safety as you travel.  The course builds upon your current driving skills and helps you prepare a driving plan to follow.  It will help you build confidence, improve your awareness of the road, and make driving more enjoyable as you improve both your performance and efficiency.

By managing your road space, you are setting clear lines for yourself regarding how far behind another person you are driving, whether you are following the speed limits, and if you can properly anticipate the need for a quick and sudden stop.  You will also be watching out for unexpected things other than a stopped car ahead of you, such as animals and children running into the road, or debris from a blown lorry tire or other vehicle.  If you need to swerve to avoid hitting these things, then you need to be able to better manage your road space.  Sometimes an accident can be avoided by simply swerving out of the way.  Also the use of the horn and headlights to make your presence known to avoid a collision is acceptable.

It is worth reminding anyone who is connected with a company, which has vehicles and drivers, that they are now subject to the Corporate Manslaughter Bill which became law on the 6th April 2008. Fleet operators and others, if they have not already done so, should familiarise themselves will the risks associated when operating vehicles as part of their business.

Bill Plant, which is one of the UK’s leading Occupational Road Risk Management and Driver Training specialists, can provide up to the minute training and advice on the risks that are involved, not only in the field of Occupational Road Risk Management and Consultancy but also driver training to a very high standard. By taking part in this Fleetcraft Training, your company will see lower fleet operating costs, a reduction in accident rates as well as improved fuel economy. Reduce your costs and road risk by contacting us now, for your Corporate Driver Training.

Under the Health and Safety at Work Act 1974 employers have a statutory duty to ensure the health, safety and welfare of all employees at work and this also includes any driving activity on the road.  The act does not just include the employees, but also the place of work and as a fleet driver this means the motor vehicle, which is their place of work.

Bill Plant School of Motoring offers Driver Training for businesses of all sizes in the UK which will identify the current risk that an employee might pose on the road. Following this initial assessment they will be coached to reduce identified risks and trained to anticipate to hazards, and develop their driving skills. A written report outlining the employees driving standards is sent, to keep with the employees driving records. Make your work place a safer place.