company car questions

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Loading and unloading regulations, seatbelts in vans and working time regulations for van drivers — by Murdo Maguire — last modified 2007-02-13 07:32

I work as a delivery driver. I delivery groceries from the supermarket to peoples homes typically averaging about 10 drops over 20-40 miles in a run of about 3 hours plus about an hour for loading. I drive in a normal Transit style van not a HGV class vehicle.I would like to know if it is a legal requirement to wear a seat belt for someone in this job, sometimes drops are very close (same estate) but other times 10 miles apart or more. What is the legal position for parking? I often make deliveries in tight narrow terraced housing areas and occasionally have to block the road to do the delivery or park over driveways or on double yellows (annoyingly we've also just got a red route plonked outside a customer who fortunately had a usable drive). What is the legal position for rest breaks for me? And anything else you think I should be aware of?

Company cannot identify driver to name on Notice of Intended Prosecution — by Murdo Maguire — last modified 2007-02-12 10:21

We are a small limited company with quite a few vehicles and drivers and have just been issued with a NIP for speeding 36MPH in 30MPH limit. I cannot identify who was driving and nobody will take responsibility. What would you suggest I do?

Notice of Intended Prosecution for two offences in close succession — by Murdo Maguire — last modified 2007-02-07 07:37

We are a very small transport business and we have just received a Notice of Intended Prosecution for one of our vehicles that was speeding - doing 50 in a 30 mph area. The driver of the vehicle is 17 passed his test 6 months ago. Four days later we got another NIP for the same vehicle doing 66 on a motorway that had restrictions due to roadworks at 50 mph. Fortunately the 17 year old worker has not committed both offence. Can you tell me what the likely outcome of each incident will be (with regard to fines & points etc) and also the implications if the 17 yr old had committed both offences.

How quickly must a Notice of Intended Prosecution be served on a company car driver? — by Murdo Maguire — last modified 2007-02-07 07:15

I am a company car user and wonder how quickly a Notice of Intended Prosecution must be served on me. The alleged incident occured on the 13/01/07 and I received the NIP dates the 5/02/07 today - the 6/02/07. The alleged speed was 36mph in a 30mph zone, in Leicestershire.

Switching off engine when driver leaves vehicle — by Murdo Maguire — last modified 2007-02-07 06:32

I am a refuse driver for my local council and they have just brought in a rule that no driver is permitted too get out of their lorry to help load refuse into the back of the truck without turning the engine off first. Is there a law that states this or are they making iit up ?

Car struck in workplace car park. Is the employer liable? — by Murdo Maguire — last modified 2007-02-01 07:46

I left my car in my works car park. The car park is exclusively for employees and there is no CCTV. Another employee has struck my car damaging it and driven off. Is the company liable as the car park is classed as within the workplace or am I left without a leg to stand on.

Appealing a ban imposed in the Magistrates Court — by Murdo Maguire — last modified 2007-01-31 05:57

I have recently been disqualified for six months and a minimal fine has been imposed. My driving licence is essential for my work and it's looking as though it will cost me my job. Do I have any right of appeal against the sentence. ie a larger fine against a reduced ban ?

Company receives Notice of Intended Prosecution outside 14 day period: does this provide the company car driver with a defence? — by Murdo Maguire — last modified 2007-01-28 10:57

I have just received a Notice of Intended Prosecution. I am a company car driver and the Notice was first served on my company. The date it was received by my Company was 23 days after the alleged offence on 2nd January. Does the 14 day rule apply in this case (given that it was also the Christmas/New Year holidays).

Works van blown into ditch in high winds: can the driver claim compensation for his injuries? — by Murdo Maguire — last modified 2007-01-24 10:48

I was injured in a road traffic accident on 18/01/2007 after being sent out at work to make deliveries in the works van in East Anglia. The strong winds whipped across the fens and blew the van over. It rolled twice before falling into a ditch where I was trapped. Two men dragged me from the vehicle and I was took to hospital where I was found to have a broken leg, whiplash, headaches, extreme back pain plus cuts and bruises. I have been told by three claims management companies and a specialist personal injury solicitor that I cannot claim as it was an Act of God. Can it be true that I am not entitled to claim compensation for my injuries?

Notice of Intended Prosecution served beyond 14 days on company driver — by Murdo Maguire — last modified 2007-01-11 09:29

My work today informed me that the company van I drive was caught speeding on the 5th December 2006. I do not dispute this nor the fact that I was the driver. On receiving the letter the Notice of Intended Prosection is dated 2nd Jan 2007. Surely this cant be proper procedure as the prerequisite 14 days has expired. Can you advise me?

What information should I collect at the scene of an accident? — by Murdo Maguire — last modified 2007-01-03 08:14

I was recently involved in an accident where the other driver seemed to have better knowledge of what information to gather than I did. My solicitor says that had we had better records from the crash scene we might have had a stronger case that it was their fault. What information should I collect at the scene of an accident?

Partner seriously injured in road accident. What steps should the other partner take? — by Murdo Maguire — last modified 2007-01-02 13:43

My husband was badly injured in a motorway collision when he braked to avoid a lorry accident in front to have his car struck from behind by another lorry. He has multiple physical injuries and remains in a coma. Although I work in a department store, he was a sales director for a bathroom company and provided much of our income. We have a large mortgage and I have already been contacted by his employer, who while being very supportive and sympathetic, hinted that they were examining their legal obligations to him. His doctors will not say whether he will recover or will ever work again. I spoke to someone from a claims firm over the holiday who are pressing me to sign up to them but they said it could take years before any payment might be made. What financial arrangements are usually made in such circumstances? Is there a possibility of an interim payment and are there any steps I should take to protect my interests?

Road law and overtaking on the inside — by Conrad Murray — last modified 2006-12-20 16:27

A friend of mine told me recently that so long as the manouvre can be carried out safely, it is permissable to overtake on the inside. He stated this after I had admitted to him that on odd occasions whilst using one-and-a-half mile stretch of dual carriageway (2 lanes in each direction, with rarely a parked car in sight) with a 40mph speed limit, I had overtaken the odd car which had been travelling in the outside lane, often at less than 30mph. The driver of this car would usually have their seat adjusted so that their chest was against the steering wheel and their face as close as possible to the windscreen. I suspect also that the driver(s) have little or no knowledge of the concept or use of the driving mirror. Can you clarify this overtaking point for me please?

Compensation for death when other driver was also killed — by Conrad Murray — last modified 2006-12-20 14:50

My long term partner was killed in a road accident on his 36th birthday in June. The other driver was also killed at the scene. The police accident report says the other driver was speeding and was on the wrong side of the road at the time of the impact. I have a disability and cannot work and am now having to bring up our two children on my own. What claim do I have on the other driver's insurance for the misery his thoughtless actions have and continue to cause?

Company car claim: insurer offers immediate cash settlement for injury — by Conrad Murray — last modified 2006-12-20 09:18

I was recently involved in a rear-end shunt in my company car and suffered a slight neck injury. To my surprise, the other driver’s insurers rang me on my mobile the following day offering to repair the vehicle and provide with a very decent replacement until mine was on the road again. They then turned up at my house with a cheque for £1,000 to settle my injury claim there and then. This all sounded rather dubious so I declined the offer. Is this normal practice? TKM. Cardiff

Company car question: obtaining equal quality hire car after accident — by Conrad Murray — last modified 2006-12-20 09:30

I am entitled to a certain grade of company car but can pay extra to have a better vehicle. I recently got a Mercedes C-Class at an additional cost of £90.00 per month. When I got rear-ended last month however, I was told the repairs may take up to 12 weeks and I am having to put up with a naff low-value courtesy car. Is there anything I can do? Anon. Surbiton

Accident liability: knock for knock claims — by Conrad Murray — last modified 2006-12-20 09:31

I was recently involved in a roundabout accident in my company car and my firm tells me that is being settled on a knock-for-knock basis. I don’t accept that the accident was my fault and as I am leaving my company car scheme and will be applying for my own insurance, will this be affected? DBZ, Stoke on Trent

Company car question: son takes car without permission, has crash, what next? — by Conrad Murray — last modified 2007-09-10 09:41

My son took my company car without my permission to impress his girlfriend and got hit up the rear by some other idiot. Luckily nobody was injured but I now find to my horror that he wasn’t insured and my boss is very angry as this invalidated the legal expenses insurance as well. Can my son still claim against the other driver and how much will this all cost me? TS Newcastle on Tyne

Company car question: legal cover for partner in company car — by Conrad Murray — last modified 2006-12-20 09:34

My wife was injured whilst driving my company car. Is she covered under their legal expenses policy? TM, Glasgow

Road claim question: legal cover on claims less than £1,000 — by Conrad Murray — last modified 2006-12-20 09:36

Some time ago, my company car was damaged when a truck it whilst parked writing off in the process my prized mountain bike for which I had paid a substantial sum. I realise that I could have claimed on my house insurance but there was an excess and my premium might have increased. As the other driver’s insurers paid my company’s losses without any quibble, I was left to deal with the other driver’s insurers myself and frankly the amount they offered for the bike was a joke. As the claim was around £1,000 I couldn't get anyone to give me legal assistance without paying substantial legal fees to bring the claim. I gathered that I could have sued them in the small claims court but then I would have risked the court fee. Can you explain this? AP, Cirencester