Company policy. is this right?

Maccattack

Sorry if this is in the wrong forum. I wasnt sure where to put it.

I have been asked by my employer to sign a form regarding the use of my own vehicle for company business. some of it doesnt seem right to me. Has anyone had to sign the same type of thing?




This policy defines the conditions with which employees must agree prior to using their own vehicle for driving on Company business.

The Company accepts no liability or responsibility for any accidents or incidents in which an employee is involved while travelling on company business.
Permission to use your own car on Company business must first be obtained from your Line Manager.

In the event of using your own private car on Company business, expenses will be reimbursed at the appropriate mileage allowance rate, details of which are held in the Company’s Expense Instructions which can be obtained from your Manager.


Vehicle

When required by The Company to use your vehicle for company business, you are personally responsible to ensure that:

• Your vehicle is fully insured, including use for such business purposes
• You have an up to date Tax and Vehicle Test Certificates as per legal requirements
• Your car has been fully maintained and is in roadworthy condition
• Your vehicle is not overloaded with materials
• Your follow the Rules of the Road, driving regulations and speed limits at all times
• You have a drivers licence which legally permits you to drive and you do not exceed the maximum number of penalty points (currently 12)

When travelling significant distances, or over a number of days, maximum use must be made of public transport, wherever feasible, in order to reduce tiredness and stress associated with driving long distances.





Mobile phones

In accordance with Government regulations, mobile telephones are not to be held on person or used while driving. You are personally responsible to ensure that:
• You do not have your mobile phone switched on whilst driving, unless placed in a fixed in-car hands free set. Mobile phones which are not fixed in car hands free kit, should either be switched off, or have all calls diverted to voicemail or the office.
• You do not carry mobile phone on your person whilst driving, unless it is switched off.
• Should you need to make or receive a phone call, you park your car prior to activating your handset.
• You are required by The Company to abide by these details of this policy whilst driving on company business.
• The company accepts no liability or responsibility for any accidents or incidents in which an employee is involved while travelling on company business.


I have received a copy of this Policy, which I have read and understand.

Signature of Employee: __________________________________


The main thing I dont agree with is that the company accepts no responsibility if you have an accident while on company business. that cant be right can it???

OldmanMondeo

Maccattack wrote:

The main thing I dont agree with is that the company accepts no responsibility if you have an accident while on company business. that cant be right can it???

Sounds about right to me. It's your car, your driving it. If this is a problem, could you get a company car? I had a similar thing in a previous job, I refused to use my own car and they had to hire one when I need to head to customers etc. They ended up buying my a company car. I know the BIK is a bitch on a car, thats why they got me a car-van. €15 a month or something like that. Kept my own car for family use.

kluivert

I have never seen these forms, but I would have a general agreement that when I use my car for business purposes ie travelling to a clients office that I am responsble for the car.

The main point of that is if you have an accident on your way to a clients office and you claim on your insurance and tell the insurance company that you where on the road for business purposes, you will not be covered.

You have to change your insurance from social & domestic to include business use as well if you follow my drift.

That is the main purpose of those agreements. Meaning the company doesnt accept responsibility of how you act on the roads during office hours and they are notifiying you of the fact so you cant come back to him and say "well i wasnt aware of that".

I hope that helps.

unkel

Maccattack wrote:

The main thing I dont agree with is that the company accepts no responsibility if you have an accident while on company business. that cant be right can it???

Sounds right to me. Your insurance needs to be upgraded to "limited business use" if you ever drive to customers' sites (not carrying goods). Your company is paying you a mileage allowance, right? That should more than cover this plus your extra running costs (fuel, maintenance, tyres, etc.) compared to not using your car for company business

I use my own car for company business too but haven't had to sign any forms. Some elements of that form look a bit OTT like complying with the ROTR and using a mobile. The Garda is there to enforce those rules. And that paragraph about using public transport is vague, to put it mildly

galwaytt

...mmm, good one.

I think the statement about not accepting responsibility is not clear. Taking for granted that you are covered for business use by your car insurer whilst using the car for work, and, being compensated appropriately in the mileage rate, then the employer could reasonably state that they are paying you for that risk you are undertaking on their behalf.

The statement does not clarify what accidents or incidents actually are. For example, you reach your destination, unload your car, and trip on the step to the office/whatever whilst carrying in your merchandise. In this scenario, the employer is liable to cover you under both public liability and employers/employees liability. The phrase used in your agreement does not confine itself to motor accidents, the risk for which you are being paid to undertake by means of paying you motoring expenses.

Now, if you had a heart attack in the car (:rolleyes: ), the employer would still be liable for it, as it's not a motoring accident, but a, er, employer's liability issue......

In short, by paying you motoring expenses, and in keeping with the conditions regarding licencing/insurance etc, then the employer is not liable for motoring accidents or incidents . All others, they are, as if you were sitting at your desk.

Now, taking all that on board, and not knowing how much per mile you're getting as expenses, do you really need to use your own car? It might be easier/cheaper, for instance, for the employer to just rent a car from Enterprise Rent a Car for the day, and cover it on the Co policy for the duration.

All, as they say, my 0.02......

Henry Ford III

Sounds reasonable to me.

If you have a crash whilst on co. business in your own car, and for which you are receiving mileage, the fault (and subsequent liability) must be either your own or a 3rd party who crashed into you.

Henry Ford III

galwaytt wrote:

...Now, if you had a heart attack in the car (:rolleyes: ), the employer would still be liable for it......

Really? Why?

If you become ill at work through natural causes an Employer has no liabilty afaik.

testicle

Note also, if you are claiming mileage for your car, you must have Class 2 insurance.

Olga Defender

make sure that you look up about Tax Credits you can receive for using you personal car for company use..... You would be entightled to some tax credit against the milage you do... look up on askaboutmoney.com

prospect

Your car is generally not insured to be used for busness purposes. So if you had an accident, you could have trouble claiming.

I assume your company pays you a car allowance, which should adequately cover, wear & tear, depreciation (as a result of high mileage) and also to upgrade your insurance policy to cover business use of the vehicle.
On top of this, you should be then paid a mileage (kilometerage??) allowance. This amount is usually smaller than standard if you have a car allowance, as the car allowance covers wear & tear already.

Either way, you can refuse to drive your car on the basis that you would not be insured, and request that they pay the increase in you premium.

galwaytt

Henry Ford III wrote:

Really? Why?

If you become ill at work through natural causes an Employer has no liabilty afaik.

Death -in- Service benefit........

anyhoo, about the RTA stuff: as mentioned, it's a Garda matter to enforce those, not the co's............I used to organise an annual vintage rally, and we had to delete terms like those from our paperwork - on legal advice - as the implication was, that if you attach conditions regarding the RTA, then you need to enforce them, and that any matters arising from accidents involving the RTA, would implicate the club, liability-wise. So, we dumped it. Besides, as said, no one has the power to enforce except the Gardai.

unkel

galwaytt wrote:

Death -in- Service benefit........

That's not statutory. It's a perk some companies provide

galwaytt

oooh, so to die on the job is a perk - cool !:D

Sonnenblumen

I'm surprised the Employer did not seek written confirmation in your policy indemnifying them from any risk/claims in the event of a road accident.

On the flipside if you are in receipt of travel expenses specifically mileage, AFAIK you must inform your insurers and they may adjust your premium (upwards of course!).

maidhc

Maccattack wrote:

The Company accepts no liability or responsibility for any accidents or incidents in which an employee is involved while travelling on company business.

A company cannot just disclaim any vicarious liability which they owe to third parties. In other words, if you crash, through your own negligence, while on company business, the company can be sued by an injured third party.

You won't be able to sue them, just because you crashed while working for them, but I think that is obvious enough.

Henry Ford III

galwaytt wrote:

Death -in- Service benefit........

That is a life insurance benefit paid out through a discretionary trust.
It's not mandatory either.

Oh and you have to die for your estate/next of kin to receive it.

If you have a heart attack whilst driving your own car on co. business, you may qualify for either a lump sum serious illness payout, or income benefit (PHI), if either/both are in place, and qualifications and conditions are met.

To summarise an employer has no legal liability. Nada.

Sandwich

Sounds right to me too.
If you dont like the conditions dont sign. If the company expects you to drive then they are responsible for providing you with a car. Remember, that doesnt mean you have to take a company car as a poster above did. The co can buy a car for your (or pooled) use which you never take home with you. You keep you own car for all you private use and so dont incur BIK. Or they just rent one when required,its their choice.

Henry Ford III

Sonnenblumen wrote:

...On the flipside if you are in receipt of travel expenses specifically mileage, AFAIK you must inform your insurers and they may adjust your premium (upwards of course!).

No. You must have class B cover, and expenses refunded according to the agreed Revenue scale are ok.

Sonnenblumen

Henry Ford III wrote:

No. You must have class B cover, and expenses refunded according to the agreed Revenue scale are ok.

It depends on co policy. A previous insurer had rates based on simple facts, eg do you get paid travel expenses (Yes = Business Cover) or (No= Private cover) B cost more than P. By B you mean Business Cover as distinct from what would be otherwise normal (ie Private cover)??

Rev scales are only one form of mileage reimbursement though probably the most popular for obvious compliant reasons, but there are other scales/calculations.

unkel

galwaytt wrote:

oooh, so to die on the job is a perk - cool !:D

Ah you bachelor - I envy you

Me and Mrs unkel are married with children

Victor

Maccattack wrote:

In accordance with Government regulations, mobile telephones are not to be held on person or used while driving.

Actually its through the Road Traffic Act, not "regulations". This sounds like something they made up themselves and probably has more holes than usefulness. Suggest that you want to hire a solicitor to vet it, at their cost.