Mot Fleet Vehicles

TMC ( snipped-for-privacy@anon.com) gurgled happily, sounding much like they were saying :

Bollocks.

If you're driving it, you're carrying the can. I'm sure you could pass the fine over, but if it's a points offence (tyres, say), it's your licence.

its ** your ** responsibility to ensure the vehicle is roadworthy, if you feel its not then you shouldn't drive it !

I would say ok about the washers, particularly in this weather, but the brake lights make it VOR. Put a defect notice in writing and don't drive it.

Steve

It's your problem.

You can sometimes use this to your advantage though.

Example: friend who runs a company car went into a Kwik-Fit. He knows another friend that works there. Lease company would only authorise some particular Bridgestone tyre. Friend at Kwik-Fit talks to lease/fleet co. and says the current tyres are in a really bad state (which was true) and we can not let car out like that, We only have these (double the price) tyres in stock. Lease company have no choice but to approve and so friend now has a full 4 set of P Zero's.

Lovely :-)

The message from "TMC" contains these words:

The driver is responsible at all times for the condition of the vehicle.

In message , TMC writes

If you are stopped with an endorsable fault, you'll get the points, not them. They should also consider their legal liability should the defect lead to you becoming injured. They may leave themselves open to being sued by you, and they may also be prosecuted by the HSE.

Steve Walker ( snipped-for-privacy@otolith.demon.co.uk) gurgled happily, sounding much like they were saying :

Indeed. If they're *ADAMANT* about this, you have to start questioning whether they're people you want to work for. If they'll shaft you on this, what other corners are they cutting that could end up in tears?

As others have said, it is the drivers responsibility for ensuring the vehicle is in a roadworthy condition before setting off on any journey. There is no exclusion for fleet vehicles. I work for a fleet company, and have seen several driver's who've recieved penalty points for vehicle defects, and the first thing they try and do is blame the workshop. And the first thing the workshop does, is highlight the relevant section off the drivers handbook, at which point the drivers normally go very quiet.

Obviously a certain amount off common sense is required. If the defects are minor (bulbs, or washers not working), then refusing to drive probably isn't in your best interest (from experience, any driver doing this will be brought to the attention off their manager). However, if the defects are serious (illegal tyres, wipers not working) then there is no doubt that the vehicle should be recovered.

It's the driver who is responsible. That's you.

D'yer know - I've never seen such a unanimous answer to a question!

Moray,

What a load of cobblers no "common sense is required". An employer cannot force an employee to drive a vehicle that is classed as defective under the current legislation and a criminal offence could be commited on the employers part if they do.

I have 'won' several battles using that argument over many years of driving company vehicles.

Great, then when the driver asks the manager to drive the vehicle to the local repair depot and the manager refuses because he would be breaking the law...! I have also done that as well.

However, if the defects are serious (illegal tyres, wipers

Whatever the defect, if it breaks the current roadworthiness legislation, then repairs should be carried out on site by a competent person or the vehicle recovered to the repair depot - to reiterate, the employee cannot be legally forced to drive a defective vehicle.

Brian G

So you would refuse to drive the vehicle just because there was one bulb not working? And if it was your own vehicle, you would abandon it at the side off the road until you'd replaced that bulb?

No doubt you have.

This is more in an unofficial manner. Refusing to drive a vehicle because off a minor defect tends to lead to such things being 'noted' against your record. Off course these 'notes' are unofficial (and illegal under current legislation), but it does happen.

what was my first comment?

I have similar situation. H&S at work 1974 Act - you have a duty to report safety concerns and not use chemicals, machines, equipment etc if in your reasonable judgement it's unsafe.

Also risk assessment. You have obviously decide it's unsafe, DON'T DRIVE it. If it ever went to court you be screwed.

Typical management.

Nick

(not a manager)

It depends on the fleet on their attitutude but virtually all will let you nominate a repairer if you ask them.

Most try and steer work to the recommended network as they can screw them on the price but they will consider others.

We have this with Lex who will try and send you 20 miles but agree straight away if you suggest the dealer at the end of the road!

Alan

Anyone with sense carries spares. Halfords do a kit for most cars with a self adhesive strip on the box so you can stick it somewhere convenient. ;-)

In my experience, Lex are one of the better lease companies. Much better than any of the other three my company has used.