It is not a good idea to have employees using their own car, for a number of reasons. It is estimated that there are 5,000,000 private vehicles being used on company business in the UK, this is where the employee receives a car or mileage allowance, instead of the company providing a car; normally on contract hire and insured on the company’s group policy. It is easy to understand why companies choose the route of allowing employees to use their own vehicle; it often appears to be the simplest most cost effective way for employees to visit clients.
The other attractions are that there is no capital outlay and no car leasing payments; also should it become necessary to dismiss an employee or make them redundant the company doesn’t get stuck with the car. Most importantly they are free from the responsibilities of maintenance and insurance, or so they think. In practice it does not free them from this liabilty; a company cannot wash its hands of the responsibility, just because the vehicle is owned by the employee.
So the question is how can you make sure that a vehicle that doesn’t belong to you is fully legal, because that is your responsibility as an officer of a company when the employees are using their own vehicles for company business? You must ensure that the vehicle is fully legal and roadworthy. Who is going to go down to the company car park on a regular basis and check the vehicles tyres and brakes, tax disc and make sure the MOT is up to date?
Then there is insurance you need to make sure that the vehicle is not only insured but insured to drive on company business – many are not – and that it is kept up to date; many employees pay their insurance monthly but if they fail to keep up the payments, how will you know?
If there is an accident particularly if there is a death, the company directors can he held responsible. Those who are operating this car allowance system could benefit from reading up on The Corporate Manslaughter Act. If on the other hand a company is providing contract hire company vehicles they have a lot less to worry about; the vehicle will on average be around eighteen months old, regularly maintained and taxed by the car leasing company. The vehicle will be insured on the company’s group policy.
The only other thing to bear in mind, regardless of the car scheme you operate, is that it is your responsibility to ensure that the employee has a current driving licence and that you are aware of any convictions. Having sight of an employee’s driving licence at outset - or even as some companies accept, a photocopy of the licence - is not satisfactory. You need to do regular licence checks, this is a service most contract hire companies provide for clients.
On one occasion when checking a major company's employees we discovered that the company chairman’s own chauffer had been disqualified for drink driving. These checks are very important because apart from the legal position, if a contract hire car is written off by an uninsured employee, the car leasing company will require you to pay the full market value of the vehicle plus early termination penalties.