It is very common for the employer to overlook the very important need for Vehicle Safety. Encompassing anything and everything which is driven on a public road, daily commutes, long-haul, or just local deliveries.

 

There are very pertinent risks involved in driving any kind of vehicle on a public road, vicarious liability but one. The owner of the car can very well be liable for accidents and damages caused by an employee, it is the owner of the vehicle's responsibility to ensure roadworthiness at the time of of the vehicle being used. You cannot rely on the roadworthiness test done at any stage in the past. Therefore, operating a comprehensive set of checklists, Registers, Maintenance Records and Safe Work Procedures on every vehicle in the employer's fleet, is critical, just as is the case for other plant equipment or machinery. Failing which, would be regarded as failure to act reasonably. Legal precedent for such exists in South African Law.

 

Where employees are paid to perform their duties as drivers, the "close relationship" test for vicarious liability is assumed to exist, unless it can be otherwise proven by the owner.

| vicarious liability: a killer | 

It will undoubtedly be very difficult to prove the argument that a paid employee did not act in the instruction of the employer, and as such the close relationship is established.

 

This even happens when the employee acts outside of the scope of his employment, as is seen in the KN-Case.

 

 

| sound business principles| 

 

of course implementing Health + Safety within your vehicle fleet should also make sense form a financial perspective. Therefore a properly constructed management system will also ensure longevity of vehicles, reduced wear and tear, lower costs of repairs etc.

 

The safety checks should include aspects such as checking water and oil levels, checking tyres, checking for leaks and brakes etc.But also should focus on speed, usage, time management, trip-distance management etc.

 

A well planned Health + Safety system will always contribute to the business bottom-line.