Reasons to be safe and compliant

Date: Thursday, June 30, 2016 | Author: James Dallas

Fleet organisation ACFO delivered a best-practice and compliance masterclass at its recent 'A Van for all reasons' seminar, giving LCV operators much to consider, reports James Dallas

Companies found to be operating sub-standard LCV fleets could be hit by financially crippling penalties under tough new guidelines covering health and safety and corporate manslaughter offences, which were introduced by the Ministry of Justice’s Sentencing Council in February 2016.

The severity of the potential punishments should “focus the minds” of fleet managers on implementing best practice in their van operations, according to Mark Cartwright, the head of the Freight Transport Association’s Van Excellence scheme.

Cartwright told delegates at the ACFO conference that corporate ‘fault’ is now clearly defined with fines linked to the company’s turnover and an increased likelihood of custodial sentences.

An organisation with revenue of at least £50m found guilty of committing health and safety offences faces a fine of up to £10m, a firm turning over £10-£50m could be hit with a £4m fine and moving down the scale, businesses with turnover of £2m -£10m are liable for fines of up to £1.6m while those generating under £2m can be fined a maximum of £450,000.

Convicted individuals, such as a fleet manager judged to be responsible for a driver, or a van at fault, can face up to two years in prison.

Companies convicted of corporate manslaughter risk an unlimited fine although the guidelines state a range of £180,000-£20 million depending on the size of the business.

The Sentencing Council states the aim of the guidelines is to establish “a consistent, fair and proportionate approach” to sentencing.

Cartwright claims that a failure by van fleets to adopt a recognised industry standard, such as Van Excellence, could be viewed by the courts as an “aggravating factor” when considering punishment.

He warns: “Fleets should adopt a national standard because if they don’t and something goes badly wrong they will be held responsible.”

As an example Cartwright says if a fleet manager has gathered telematics evidence of an employee consistently driving dangerously but fails to take remedial action before the driver causes an incident, a court of law could find the company culpable.

A business could also be held responsible, he claims, if it is found to have put profit before investing in safety or if it has ignored concerns about its fleet operation raised by staff.

Leading from the front

While Cartwright believes it unlikely the Department for Transport will introduce more HGV-style regulation to the van sector, he strikes a cautionary note in saying: “If we don’t do stuff properly, we’ll get stuff imposed on us.”

He thinks the police and DVSA will step up enforcement of the existing laws and

urges fleet managers to take the lead in adopting a hands on approach to their LCVS, carrying out regular driving licence checks and inspecting vehicles’ roadworthiness on a daily basis. Above all, he says managers should treat van LCV drivers as professionals – as they do truck drivers.

Cartwright points out that 49.7% of vans fail the MOT first time and calculates that as many as 1.6 million of the 4 million vans in the UK could be unroadworthy.

He says businesses leasing vans should ensure the provider carries out the MOTs, rather than assuming they do so and in a further step, he says companies and individuals should refuse to employ firms – builders for example – that use sub-standard or overloaded vans.

Stephen Turner, sales director of conversion specialist Bott, says enforcement officers increasingly ask to see vehicle type approval documentation when undertaking roadside vehicle checks.

He told delegates: “Van fleets need to be able to prove to the enforcement authorities that they have done everything possible in terms of operating a vehicle in a compliant manner.”

Vigilance key to keeping legal

Andy Hill, the commercial vehicle manager of Lex Autolease, which runs a fleet of 100,000 CVs, warns that pleading ignorance offers no defence under the law and

adds that a conviction for corporate manslaughter could be followed by compensation claims in the civil courts.

He admits staying legal is a “minefield” with legislation governing everything from payload tyre condition, speed limits for vans, towing and overloading to drink and drug-driving and staff driving licence checks.

“Drivers should not cut corners,” he says and advocates a daily walk around FLOWER check covering fuel, lights, oil, water, electrics, rubber.

He stresses that fleets must keep an audit trail to prove checks have been made and defects fixed.

Malcolm Maycock, managing director of the Licence Bureau and chairman of the Association for Driving Licence Verification, says the compliance journey “starts with knowing your drivers and what they drive.”

While legislation states businesses should validate employees’ driving licences “regularly” Maycock says six monthly checks should be the absolute minimum and more frequent checks should be made for drivers with points on their licences.

He also recommends employers ensure staff take frequent eye tests.

John Davidge, head of fleet technical at Cardinus Risk Management, claims driver training is vital in reducing the number of LCV crashes because many van drivers come into the role with no prior experience of driving such vehicles. He points out that most incidents occur when reversing and says: “Drivers need to know what they have to do to stop those sort of collisions.”

He advises fleet managers minimise risks by encouraging drivers to reverse park and highlights poor observation as one of the most significant contributory factors in crashes.

“Effective training makes up for lack of experience in novice drivers,” Davidge says.

He advises fleet operators to obtain signed health declarations from their drivers as an additional way for the company to demonstrate to insurers it has taken all possible precautions to reduce risk.

High standards demanded

Customers are increasingly demanding evidence of best practice in LCV fleets when choosing their suppliers, claims Graham Short, fleet manager for Norfolk-based Zip Water UK, whose fleet includes 66 vans, and chairman of ACFO’s East Anglia region.

Short says van operators could demonstrate their commitment to best-practice through accreditation to initiatives such as the FTA’s Van Excellence programme and the national Fleet Operator Recognition Scheme (FORS).

“FORS seems to be the standard required by many of our customers,” explans Short. “Businesses that are accredited to initiatives such as Van Excellence and FORS want to work with organisations that are similarly accredited.”

FORS’ principal consultant, Ian Vincent, claims accreditation to the scheme is often a contractual requirement for suppliers and adds: “Businesses can be safe and assured that such organisations have been audited to a standard that they can be confident about.”

Short argues that corporate image is critical for all companies and describes vans as mobile advertising boards displaying a business’s name and contact details.

“It is a risk to business if a van is driven badly or is in poor condition,” he maintains. “A company’s image and reputation is at stake. Vans can be your best advert or your worst.”

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