The DVSA has recently updated its guidance in relation to driver daily defect checks in respect of goods vehicles/ public service vehicles. This is a helpful reminder to any company operating a fleet of HGV/LGV vehicles, but may apply equally to any business which operates lifting equipment such as fork lift trucks.
The senior management of any company that has experienced the misfortune of one of their vehicles being involved in a serious road traffic collision, or other incident giving rise to health and safety concerns, will know only too well that one of the first things that the police or HSE will ask for is evidence that defect checks had been made.
Of course, just because checks have been made does not necessarily mean that a defect may not have caused or contributed to an incident (e.g. an indicator may have failed since the morning checks were made, as happened in a case that I recently dealt with).
However, it does demonstrate that reasonably practicable steps have been taken by the company to ensure the safety of the vehicle, thereby reducing the risk of the company being found to be culpable. Often the check sheets are requested even where there is no obvious evidence that a defect was causative, for example when the police anticipate that a driver might seek to put forward a defence citing a possible defect. In those circumstances, a failure to provide evidence of daily checks by a company might lead to:
There are practical steps that might be taken to ensure that drivers are making the necessary checks and defects are remedied effectively.
These include:
For more information, please contact Tom Stevenson
Tom Stevenson
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