Yes. Employers are legally responsible for managing the risks to staff who drive or ride for work, and HSE says health and safety law “applies to work activities on the road in the same way as it does on a fixed site”. That responsibility covers employees using their own cars for business — the “grey fleet” — not just company vehicles. What it does not usually cover is the daily commute. The less obvious point: most road crashes are not reportable to HSE under RIDDOR, and the police, not HSE, lead investigations — but employers can still be prosecuted if management failures contributed.
At a glance: Nexis CPD’s £9 Health and Safety for Driving at Work course covers the risks of work-related driving and how to manage them. It is CPD accredited and 100% online with a verifiable e-certificate, and any three courses cost £18. It is awareness training: it is not a driving lesson, an advanced driving qualification or Driver CPC.
Are employers responsible for employees who drive for work?
Yes. HSE’s guidance for employers on driving and riding safely for work says: “As an employer, you must manage health and safety risks to workers who drive a vehicle or ride a motorcycle, other powered two-wheeler or bicycle on the road as part of a work activity.” It describes driving for work as “one of the most dangerous things workers will do”.
The duties come from the general law rather than a specific “driving at work” regulation:
- the Health and Safety at Work etc. Act 1974, which requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees;
- regulation 3 of the Management of Health and Safety at Work Regulations 1999, which requires “a suitable and sufficient assessment” of the risks employees face “whilst they are at work” — and work on the road is work.
HSE says this applies to employees and to people engaged through the gig economy, including “limb (b) workers (dependent contractors)” and self-employed people. It also expects employers to consult workers about health and safety, and to consider access to suitable welfare facilities for drivers and riders.
Does driving for work include employees using their own cars?
Yes — and this is the point many small businesses miss. HSE says: “The law applies to both company and grey fleet vehicles. A grey fleet vehicle is owned and driven by a worker for business purposes. Vehicles used under cash allowance schemes are grey fleet too.”
So a care worker driving between clients’ homes in her own car, a sales manager claiming mileage for a client visit, and an engineer who took a car allowance instead of a company van are all driving for work. HSE says employers should “make sure that privately owned vehicles used for work purposes are safe”, and that “workers must do checks on their vehicles, have them serviced and have insurance and a valid MOT.”
Interestingly, HSE’s Approved Code of Practice on work equipment (L22) says private cars are not “work equipment” for the purposes of PUWER, whereas motor vehicles used for work “which are not privately owned” fall within its scope. That does not let grey fleet off the hook — the general duties above still apply — but it means the specific work-equipment rules in our PUWER guide are aimed at company vehicles.
For grey fleet, the practical checks are:
- a valid driving licence for the vehicle class;
- a current MOT where one is required;
- insurance that covers business use — ask to see it rather than assume, because cover for social and commuting use alone may not extend to driving for work;
- evidence the vehicle is serviced and roadworthy;
- a clear rule that unroadworthy vehicles must not be used for work.
Is commuting classed as driving for work?
Generally not. HSE says: “Commuting to work is not generally classified as driving for work, except where someone’s journey starts from their home and they are travelling to a work location that is not their normal place of work. Health and safety law does not apply to commuting.”
In practice:
- an office worker driving from home to their usual office is commuting;
- the same worker driving from home straight to a client’s site, or to a training venue in another city, is driving for work;
- a domiciliary care worker driving between visits during a shift is driving for work.
Even where commuting is outside health and safety law, HSE asks employers to think about it where work patterns create the risk: if drivers or riders work long or irregular hours, it says to “assess the dangers of them driving home when they are excessively tired”.
What should a driving at work risk assessment cover?
HSE structures its guidance around three areas: safe journey, safe driver or rider, safe vehicle. It says “the main areas you should look at in your risk assessment are the journey, the driver or rider and the vehicle”, and lists hazards including:
- roadworks, traffic and congestion;
- vehicle condition;
- fatigue and distraction;
- time pressures;
- the weather;
- behaviour of other road users.
HSE also asks employers to consider lone workers — it notes the definition of a lone worker includes “those who work away from a fixed base, such as delivery drivers or couriers” — and vulnerable workers such as young or inexperienced drivers. Our guides to risk assessment and lone working explain the wider process.
The first question HSE poses is simple: “consider whether the journey is necessary.” A video call, combined trips or moving goods by rail for the long leg can remove road risk altogether — elimination sits at the top of every hierarchy of control.
How should employers plan safe journeys?
HSE’s guidance on planning and managing journeys includes:
- Routes. Choose the safest route for the type of vehicle. HSE notes “motorways are the safest roads”, while minor roads can be difficult for larger vehicles, and says not to rely on in-vehicle navigation because “the map data may not be up to date”.
- Realistic schedules. Calculate journey times “to allow safe driving and riding, within the speed limit”, and make sure company policy does not pressure drivers to speed to meet arrival times.
- Breaks. HSE points to the Highway Code recommendation of a 15-minute break every two hours. Rule 91 also advises not starting a journey tired and avoiding long journeys between midnight and 6am, “when natural alertness is at a minimum”.
- Fatigue. HSE says sleep-related incidents are most likely between 2am and 6am and between 2pm and 4pm, and that drivers should be told not to drive if they feel sleepy, “even if this upsets delivery schedules”.
- Weather. Equip vehicles for poor conditions and support drivers who cancel a journey because of the weather.
- Destinations. Check parking, site traffic management and access to toilets and rest areas at places drivers visit.
How do you make sure drivers are fit and competent?
HSE says employers “must assess workers’ health and safety capabilities and competence”, considering experience, driving record, physical fitness, health, and any driving offences, and “ensuring licences, insurance, and MOTs are legal and up to date”.
Licence checks. Drivers with licences issued in England, Wales or Scotland can use GOV.UK’s view or share your driving licence information service to create a check code so an employer can see their entitlements, penalty points and disqualifications. The check code is valid for 21 days. GOV.UK warns that “it’s a criminal offence to obtain someone else’s personal information without their permission” — so licence checks must be done with the driver’s consent. Many employers check at recruitment and then periodically.
Eyesight. GOV.UK’s driving eyesight rules say car drivers “must be able to read a number plate from 20 metres away” (with glasses or contact lenses if needed), and lorry and bus drivers must meet higher standards. HSE says employers should make sure workers “are fit to drive” and meet the eyesight and other health requirements of the Highway Code and DVLA.
Health and medicines. HSE says to encourage workers to report health concerns and to check with their GP if any medicines they take could impair their judgement. It also says to remind drivers they “must not drive under the influence of drink or drugs, including prescription drugs if they could affect the ability to drive or ride”. Our guide to drugs and alcohol at work covers policies and testing.
Training. HSE says employers “must make sure workers are adequately trained at no cost to them”, prioritising higher-risk drivers such as those with high mileage or poor accident records. Induction should cover breaks and rest periods, daily vehicle checks, load security, safe phone use, incident reporting and how to stay safe from violence.
Can employees use a phone while driving for work?
Not hand-held. GOV.UK’s page on using a phone when driving says “it’s illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving”. That includes when stopped at traffic lights or queuing in traffic, and when the device is offline or in flight mode. The penalty is 6 penalty points and a £200 fine, and drivers who passed their test in the last 2 years lose their licence. In court, the maximum fine is £1,000, or £2,500 for lorry or bus drivers.
Hands-free use is legal, provided the driver does not hold the device at any point and it does not block their view. But HSE warns that “using a hands-free mobile phone increases the likelihood of a collision”, and says employers should:
- “have a clear policy on mobile phones – workers should not pick up phones or make or receive video calls while driving”;
- “provide adequate hands-free equipment if they need to communicate while driving”;
- “ensure drivers use hands-free mode sparingly and only when necessary”.
The employer’s side of this is culture. A manager who rings a driver and expects an immediate answer, or a dispatch app that pings drivers mid-journey, creates the pressure that leads to phone use. GOV.UK also notes drivers can be prosecuted if police think they are not in full control because they are distracted — even with hands-free.
What vehicle checks are employers responsible for?
HSE’s guidance on keeping vehicles safe expects employers to make sure:
- workers “carry out and record daily vehicle checks” and act on any problems;
- planned and preventive maintenance follows the manufacturer’s recommendations;
- tyres and wipers are inspected regularly and replaced when needed;
- there are procedures for reporting defects, and defects are fixed promptly;
- there is “a clear policy that unsafe vehicles should not be driven”;
- vehicles are not overloaded and loads are properly secured;
- workers know about specific hazards from electric and hybrid vehicles, such as fire risks from battery damage in a collision.
HSE makes a point worth repeating to anyone who treats the MOT as the safety check: “An MOT certificate only covers basic defects and does not guarantee that a vehicle is safe.”
For company vehicles, L22 adds that where vehicles are used on public roads, the more specific road traffic legislation takes precedence, and vehicles should be maintained to the standards required for the highway — with an MOT where necessary.
Do drivers’ hours rules apply to van drivers?
Often, yes — and this surprises many small firms. GOV.UK’s guidance on drivers’ hours for goods vehicles says the GB domestic rules apply in England, Wales and Scotland where, among other things, the maximum weight of the vehicle is under 3.5 tonnes, or the vehicle is used in connection with a trade or business. Heavier goods vehicles generally fall under the assimilated rules (previously called EU rules).
Under the GB domestic rules for goods vehicles:
- you must not drive for more than 10 hours in a day on a public road;
- you must not be on duty for more than 11 hours in any working day (this does not apply on days when you do not drive);
- hours must be recorded on a weekly record sheet or tachograph.
Some uses of vehicles under 3.5 tonnes are exempt from the daily duty limit — for example doctors, nurses, midwives and vets, and inspection, cleaning or maintenance work. Northern Ireland has separate rules, and there are specific working time rules for drivers. Ordinary cars are not goods vehicles, so these rules do not apply to a sales rep in a car — but fatigue still has to be managed through the risk assessment. If your drivers need Driver CPC, see our guide to Driver CPC training requirements.
What happens if an employee crashes while driving for work?
At the roadside. Under section 170 of the Road Traffic Act 1988, a driver involved in an accident causing injury to someone else, or damage to another vehicle or property, must stop and give their details if asked. If they do not, they must report it to the police “as soon as is reasonably practicable and, in any case, within twenty-four hours”. Make sure drivers know this, and that the duty is theirs personally.
RIDDOR. Most road traffic accidents are not reportable to HSE. Regulation 14(3) of RIDDOR 2013 disapplies the reporting duties where an injury or death “arises out of or in connection with the movement of a vehicle on a road” — unless the person was injured by an accident involving a train, by exposure to a substance being carried, while loading or unloading, or by work on or alongside a road. See our guide to RIDDOR for the full rules.
Who investigates. HSE’s page on the law says “the police lead investigations into road traffic incidents on public roads”, and that HSE usually only investigates if the police identify that serious management failures contributed significantly, or if machinery that was part of the vehicle was at fault.
Prosecution. HSE warns that an organisation could be prosecuted for gross negligence manslaughter or under the Corporate Manslaughter and Corporate Homicide Act 2007 if a worker is involved in a fatal road incident while driving for work and there is evidence that the death was caused by “a grossly negligent act or omission” or by “serious management failures amounting to a ‘gross breach of a relevant duty of care'”. Unrealistic schedules, ignored defects and pressure to answer calls are exactly the kind of evidence that matters.
Your own records. Even when RIDDOR does not apply, HSE says to “implement a reporting system, for workers to report all work-related road incidents and near misses”, and to investigate to find underlying causes. Record injuries in your accident book — see our guide to accident book requirements — and tell your insurer.
What about violence, stress and lone driving?
HSE asks employers to assess the risk of violence and aggression towards drivers and riders and to have policies and procedures in place, including training, reporting systems, tracking and regular check-ins. Our guide to violence at work covers this in more depth.
It also reminds employers that they have a legal duty to protect workers from stress at work by assessing the risk and acting on it, and to consider posture — seat position and how easily controls can be reached — before buying or leasing vehicles. Tight delivery targets, long hours and app-based work allocation all feed stress and fatigue; HSE says that if you use an app to provide work, “it should allow breaks to be built in”.
Which courses cover driving for work?
These three £9 courses work well together for managers, fleet coordinators and anyone who drives for work, each with a verifiable certificate:
- Health and Safety for Driving at Work — the risks of work-related driving and how employers and drivers can manage them.
- Lone Working Awareness — staying safe when working away from a fixed base.
- Risk Assessment Awareness — the 5-step process behind a driving at work risk assessment.
Drugs and Alcohol Awareness and Stress Awareness are useful alternatives. Any three courses cost £18 with the pay-for-2-get-3 offer — add them to the cart and the discount applies automatically. These are awareness courses: CPD accredited, but not regulated qualifications, not driver training on the road, and not periodic Driver CPC training.
Frequently asked questions
Are employers responsible for employees driving for work?
Yes. Health and safety law applies to work on the road in the same way as on a fixed site. Employers must assess and manage the risks to workers who drive or ride for work, covering the journey, the driver and the vehicle.
Does driving for work include using your own car?
Yes. HSE says the law applies to both company and grey fleet vehicles. Grey fleet means vehicles owned by workers and used for business, including under cash allowance schemes. Employers should check these vehicles are safe, insured for business use, serviced and have a valid MOT.
Is commuting to work covered by health and safety law?
Generally no. HSE says health and safety law does not apply to commuting. The exception is where a journey starts from home and the worker is travelling to a location that is not their normal place of work, such as a client’s site.
Are road traffic accidents reportable under RIDDOR?
Most are not. RIDDOR excludes injuries arising from the movement of a vehicle on a road, unless they involve a train, exposure to a substance being carried, loading or unloading, or work on or alongside a road. The police lead investigations into road traffic incidents on public roads.
Can employees take calls while driving for work?
They must not hold a phone while driving. Hands-free use is legal, but HSE says it increases the likelihood of a collision and recommends a clear policy, adequate hands-free equipment, and using hands-free sparingly and only when necessary.
How long can a van driver drive in a day?
Under the GB domestic drivers’ hours rules, which cover goods vehicles under 3.5 tonnes, a driver must not drive for more than 10 hours in a day on a public road and must not be on duty for more than 11 hours in a working day, with some exemptions from the duty limit.
Manage the risk on the road
£9 per course. CPD accredited, 100% online, verifiable e-certificate. Pay for 2, get 3 — any 3 courses for £18.
This article is general information, not legal advice. It summarises HSE guidance and GOV.UK and legislation.gov.uk material as it applies in Great Britain at the time of writing; Northern Ireland has separate rules on drivers’ hours and some other areas. Penalties and limits can change, so check the current GOV.UK guidance. A Nexis CPD awareness course is CPD accredited but is not a regulated qualification and does not replace practical driver training.