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Using a business vehicle to drive people

  • 01-02-2015 12:16pm
    #1
    Registered Users Posts: 27 LadyBird777


    Hello,

    What's the law regarding the use of a business vehicle (when you're an employee) in the following situation: Imagine you're a courier driver and you went to deliver a parcel somewhere, and then the person you give the parcel to asks you if you can drive them to a place if it's on your way, knowing that the vehicle is your company's vehicle.

    1- Is it allowed/legal to drive them?
    2- What could be the consequences if your employer finds out?
    3- What could be the consequences if you had an accident with that person in that car, and that person gets injured or dies?

    Thanks


Comments

  • Registered Users Posts: 1,623 ✭✭✭ mrsoundie


    Simply, no. Insurance wont cover.


  • Registered Users Posts: 8,034 ✭✭✭ goz83


    mrsoundie wrote: »
    Simply, no. Insurance wont cover.

    Wrong. You are assuming that only the driver, or company personnell are allowed in the vehicle. There are different policies of insurance and very few restrict giving someone a lift, unless it's for reward/payment.

    I had a company vehicle with Eircom...a regular passenger, 5 door model. We were allowed to use the vehicles for personal use, which included having friends and family being carted around the place. We were just asked to make a contribution to fuel if personal use was significant. And only the assigned driver could drive. Many reps had the berlingo vans and they too were allowed to use the vehicles personally. So, it isn't necessarily an insurance company not covering the OP situation, it is the employer.

    I would be asking if there are rules against ferrying a passenger along the way.


  • Registered Users Posts: 12,539 ✭✭✭✭ Losty Dublin


    Hello,

    What's the law regarding the use of a business vehicle (when you're an employee) in the following situation: Imagine you're a courier driver and you went to deliver a parcel somewhere, and then the person you give the parcel to asks you if you can drive them to a place if it's on your way, knowing that the vehicle is your company's vehicle.

    1- Is it allowed/legal to drive them?
    2- What could be the consequences if your employer finds out?
    3- What could be the consequences if you had an accident with that person in that car, and that person gets injured or dies?

    Thanks

    What the vehicles insurance policy states it covers in relation to one of it's drivers carrying passenger is what is relevant here. It might well limit the driver to carrying staff only or staff and clients or it may allow some personal use and the terms therein.


  • Closed Accounts Posts: 20,779 ✭✭✭✭ jayo26


    goz83 wrote: »
    Wrong. You are assuming that only the driver, or company personnell are allowed in the vehicle. There are different policies of insurance and very few restrict giving someone a lift, unless it's for reward/payment.

    I had a company vehicle with Eircom...a regular passenger, 5 door model. We were allowed to use the vehicles for personal use, which included having friends and family being carted around the place. We were just asked to make a contribution to fuel if personal use was significant. And only the assigned driver could drive. Many reps had the berlingo vans and they too were allowed to use the vehicles personally. So, it's necessarily an insurance company not covering the OP situation, it is the employer.

    I would be asking if there are rules against ferrying a passenger along the way.

    Hard to say he is right or wrong without seeing the policy but from my experience
    I had a company car it was a Passat and I was insured to carry whoever I wanted in it and my partner was insured to drive it also, but I also had a company van that I did not have permission or was I covered to carry anyone in it. There is a difference the having a car for personal use and having a van for use to carryout your work.


  • Registered Users Posts: 8,034 ✭✭✭ goz83


    jayo26 wrote: »
    Hard to say he is right or wrong without seeing the policy but from my experience
    I had a company car it was a Passat and I was insured to carry whoever I wanted in it and my partner was insured to drive it also, but I also had a company van that I did not have permission or was I covered to carry anyone in it. There is a difference the having a car for personal use and having a van for use to carryout your work.

    I was pointing out that it depends on the insurance and on company policy. The first responder gave a flat "no" saying insurance won't cover it, which is wrong, becaue we have no idea what policy is in place. In my experience, most commercial policies will not have a clause to stop drivers from carrying a passenger.


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  • Registered Users Posts: 1,623 ✭✭✭ mrsoundie


    No, by the way is the best and first answer. This covers you for all eventualities. You can argue, it this way or that way, but unless, it is made clear in a company briefing on what you can and cant do, assumptions on your part, are never the basis for any legal argument.

    From my experience a lot of delivery vehicles (as per the example by the OP), do not have suitable seating for any additional passengers. If in doubt, as the OP seems to be, then No is always the answer, until proved otherwise.


  • Registered Users Posts: 27 LadyBird777


    Thank you all for your inputs.

    Days ago, I had a debate with my bf about if a courier should or not give a lift to someone.

    A courier delivered a parcel for me, and I was going out and my bf told me I could have asked the courier for a lift.. We argued because I completely disagreed with him. Legal or not legal, for me it was just illogical and inappropriate to ask someone to give me a drive in their work vehicle. For me, their vehicle is INTENDED for their work, and if I was a courier, I wouldn't give a lift to anyone, because I'm strict about using a company vehicle for the company's business. Taxis/buses, etc. exist to drive people when they're not motorized. But that's my personal opinion, and I accept that people might have a different mentality.

    After the debate I had with my bf, I was curious to know what the law had to say about this.
    Thank you all.


  • Closed Accounts Posts: 20,779 ✭✭✭✭ jayo26


    goz83 wrote: »
    I was pointing out that it depends on the insurance and on company policy. The first responder gave a flat "no" saying insurance won't cover it, which is wrong, becaue we have no idea what policy is in place. In my experience, most commercial policies will not have a clause to stop drivers from carrying a passenger.

    Sorry I was actually agreeing with you but it came across as I was picking an argument my apologies your dead right.


  • Registered Users Posts: 8,034 ✭✭✭ goz83


    Thank you all for your inputs.

    Days ago, I had a debate with my bf about if a courier should or not give a lift to someone.

    A courier delivered a parcel for me, and I was going out and my bf told me I could have asked the courier for a lift.. We argued because I completely disagreed with him. Legal or not legal, for me it was just illogical and inappropriate to ask someone to give me a drive in their work vehicle. For me, their vehicle is INTENDED for their work, and if I was a courier, I wouldn't give a lift to anyone, because I'm strict about using a company vehicle for the company's business. Taxis/buses, etc. exist to drive people when they're not motorized. But that's my personal opinion, and I accept that people might have a different mentality.

    After the debate I had with my bf, I was curious to know what the law had to say about this.
    Thank you all.

    Legally speaking, as long as the vehicle is equipped to carry a passenger and the vehicle is insured appropriately, then the insured person could indeed give a lift to someone. Company policy would be a different kettle of fish.

    For what it's worth, I wouldn't have asked the courier for a lift either. That's just a bit cheeky.

    And I still disagree with mrsoundie. Assumptions are being made. If I was a courier and was unsure of what policy of insurance was in place and what dompany policy was, I would of course refuse a lift if someone asked, but it doesn't mean that I couldn't legally give one.


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