The fleet/legal personality

Companies need to be aware of their legal responsibilities before embarking on any telematics project, according to legal experts.

A well designed and implemented system can bring substantial savings for a company, when combined with a broad risk management programme.

However, incorrect use can expose the company to a variety of legal issues, either from drivers who feel their rights have been infringed or because the fleet hasn’t acted on data pointing to illegal activity on the road.

Mark Scoggins, solicitor advocate for Fisher Scoggins Waters, says companies that introduce telematics have to make sure they have the right processes in place.

“In my view, an employer who puts this type of monitoring in place had better make sure that a close eye is kept on the reported speeds, and a quick and effective response taken to any discernible pattern of over-fast driving, otherwise the reports will be the employer’s undoing in a courtroom,” he says.

His view is supported by motoring offence solicitor Richard Silver.

“For example, employers who turn a blind eye to speeding could be accused of encouraging it. Where an Operator’s Licence is required, it could be jeopardised,” he says.

“Every case is different – it would depend on the facts of each case. The important thing is to have a robust system in place.”

One large fleet undertaking trials but not taking action against drivers that speed said it had received assurances from legal experts that it would not be prosecuted for turning an apparent ‘blind eye’.

“The guidance was that because it’s a pilot with no guaranteed liability we wouldn’t be taken to court,” he said.

That wasn’t enough for another fleet. It faced an obstructive union which said drivers shouldn’t be penalised during its trials. The fleet manager stood firm and the union backed down.

Legal concerns shouldn’t put companies off the idea of telematics, though.

They already have a legal duty of care to make sure drivers are safe and legal on the road, so telematics can just help identify where to focus attention.

Employers who say they would rather not know if their employees are speeding on the road are not in fact protecting themselves, they are just hiding from their failure until a prosecution forces them to do something about it.

However, Silver adds a note of caution: “Although rare, employers can be prosecuted for encouraging their drivers to exceed a speed limit.