How Safe Is Your Car?

Monday, 9. November 2009

Fears are growing regarding the safety of cars on our roads as drivers put off service and maintenance work in order to save some money during the recession. There has also been an increase in employees either asking to be put on a cash for cars scheme or for their employers to introduce a scheme. It is felt the motives are purely financial with employees looking to downsize their car and pocket what equates to an increase in salary. In addition to the dropping levels of maintenance being carried out on cars there is also the duty of care aspect from the employers point of view when he provides cash for car, especially when the driver is covering high miles. One of the strange quirks of the law is the provision of a car for business use that is fit for purpose. So even though the employee chooses his own car under a cash for car scheme the employer is still responsible for providing a vehicle that is fit for purpose when an employee is driving on company business. So let’s take an employee who travels 25,000 miles per annum on business as a salesman. He has traditionally been given a company car, commensurate to the demands of his job, such as a Ford Mondeo or Vauxhall Vectra. The driver’s seat would have had full adjustment including lumbar adjustment, however, the employee has bought a car under the new cash for car scheme that is very basic for use on his company business. It has no seat adjustment other than forward and backward adjustment and after 6 months of driving he has developed a severe back problem. Who is responsible for this problem? Strangely not the employee who chose the car but the employer who didn’t set down requirements to ensure that the vehicle was fit for purpose given the high mileage that the employee would drive. The following court case could prove very expensive for the employer. Going back to the first point, it is important to have your car serviced on time and serviced properly as we move into the winter months. The last thing you want is to be sitting at the side of the road with a broken car in the middle of winter. Also make sure that you have a roadside assistance policy. By Graham Hill