ICAEW.com works better with JavaScript enabled.

New law: Employers consider potential impact of new driving offence on their company car and fleet operations

Author: Atom Content Marketing

Published: 01 Aug 2022

Employers (and their motor insurers) should consider the potential impact on their businesses of a new offence of ‘causing serious injury by careless driving’ under which drivers guilty of careless driving could face prison and a long driving ban if their carelessness results in a serious injury.

The new offence could affect their policies, procedures and practices, and their potential legal liabilities if a worker is found guilty of the new offence.

Careless driving occurs if a driver fails to meet the standard of a ‘competent and careful driver’. The test is objective so, for example, the same standard applies to both a seasoned and a newly qualified driver. Pretty much any breach of the Highway Code can amount to careless driving.

Previously, a careless driver who seriously injured someone could usually expect five to six penalty points and a fine. Now, they may be jailed for up to two years and will be disqualified, even if the injury was the result of a mere lapse in attention.

Operative date

  • Now

Recommendation

  • Employers should review their policies – for example, on mobile phone usage in a company vehicle, night journeys, and the requirement to take breaks – and their legal expenses insurance.
Disclaimer

This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.

Copyright © Atom Content Marketing

ICAEW Business Advice Service

Grow your business with trusted business advice. We connect entrepreneurs, start-ups, and SMEs with ICAEW regulated accountancy firms who will provide a free initial consultation without obligation.

Two people looking at a computer screen together smiling, one of them pointing at something on it