FLEET MANAGERS FAIL THE DEATH BY DANGEROUS DRIVING TEST

Nearly half of Fleet Managers don’t know what is legally considered dangerous driving while half don’t know the penalties for this offence

Many fleet managers are worryingly unaware of the scope of what constitutes death by dangerous driving and the penalties that are within the power of the courts to impose on someone convicted of this offence, according to new research commissioned by Allianz Commercial.

Without taking the necessary steps to manage the risks associated with employees driving, businesses could find themselves facing significant reputational damage and very serious charges, including corporate manslaughter. 

Allianz Commercial, in partnership with DAC Beachcroft, has published a white paper aimed at promoting awareness about motoring offences and their penalties among fleet managers and business drivers. The Motor Prosecutions White Paper identifies the various fatal and serious driving offences and outlines the sentencing guidelines as well as highlighting the potential impact on companies when an employee is charged with a death by dangerous / death by careless driving offence.

Jonathan Dye, head of motor, Allianz Commercial, commented: “Over the last few years we have seen a clamp down on dangerous and careless driving and the introduction of harsh new penalties. With one in five motoring accidents occurring while driving for work it is imperative that businesses and fleet managers are aware of these changes. We hope that this report will raise awareness in order to protect businesses, their drivers and other road users.”

Under the sentencing guidelines, a driver can face up to 14 years behind bars for death by dangerous driving. The survey revealed that not only did 46% of fleet managers and company car drivers not know what legally constitutes dangerous driving, over 50% said they did not know the penalties for this offence.

Most people think of a death by dangerous driving conviction resulting from driving at excessive speed but that is not always the case. The sentencing guidelines are clear that this could include being avoidably distracted by adjusting the controls on equipment in the car.

In the case of R v Delduca (Phillip) [2011] a man was charged with causing death by careless driving after he collided with a motorbike after momentarily taking his eyes of the road to adjust his heater. Despite the investigation showing that the man was not speeding and he had attempted to stop, he received a sentence of 30 weeks prison suspended for 2 years, 200 hours unpaid work, a 12 month driving disqualification and a £1,200 fine. 

Lili Oliver, head of Motor Prosecutions at international law firm DAC Beachcroft, commented:

"More than four out of five who stand trial for death by dangerous driving are convicted by a jury and will face a custodial punishment. Drivers should make no mistake – these cases result in life changing prison sentences. 

“It is crucial drivers understand that criminal law will hold them responsible for the decisions they make behind the wheel.  This is particularly true when using electronic equipment which has the potential to distract them and affect their driving because the court considers this as increasing the culpability and seriousness of any driving offence. For that reason, fleet managers must properly educate drivers and ensure they have procedures in place to protect not only those individuals but also members of the public and other road-users."

The report also highlights:  

• Between 500-1000 people die annually in accidents involving vehicles being driven for work purposes. Despite the increased risks for business drivers, only 13% of fleet managers and business owners said they educate employees about safer driving.
• Only 16% said they were aware of the business implications if an employee was involved in an accident. 

• Those driving for work are 40-50% more likely to have a collision than the average driver because of the extra mileage they drive

Jonathan Dye, head of motor, Allianz Commercial, commented: “Businesses have a responsibility to do everything they can to safeguard their employees and other road users. This in the main is governed by Health and Safety legislation. By not doing so they open themselves up to the risk of prosecution as well as not protecting their employee or other road users. Our report aims to foster a culture where businesses educate their employees about driving safely and reduce the probability of being involved in a collision.

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Notes to editors:  

1- A survey of 400 fleet managers and business drivers in the UK was carried out in January 2014 by One Poll on behalf of Allianz Commercial. 160 of those polled were fleet managers

2- Allianz UK is one of the largest general insurers in the country and part of the Allianz Group.

Together with its customers and sales partners, the Allianz Group is one of the strongest financial communities. Around 78 million private and corporate customers rely on Allianz's knowledge, global reach, capital strength and solidity to help them make the most of financial opportunities and to avoid and safeguard themselves against risks.

In 2012, around 144,000 employees in over 70 countries achieved total revenue of 106.4 billion euros and an operating profit of 9.3 billion euros (restated on January 1, 2013, due to a change in accounting standard and presentation).

Benefits for our customers reached 89.2 billion euros.

3 – DAC Beachcroft's specialist Motor Prosecutions team is a market leader, having worked with key players in the motor insurance industry for more than 30 years.  Our national team of specialist criminal lawyers offers 24/7 legal advice across England and Wales and is able to provide high-quality representation for insured drivers on all types of offence, from driving without due care and attention to causing death by dangerous driving.

For more information, visit: http://goo.gl/WpvKYc.

4 - With over 2,300 people, DAC Beachcroft combines one of the most comprehensive UK legal networks with coverage across Europe, Latin America, North America and Asia-Pacific. We provide a full service commercial, transactional, claims, risk and advisory capability, working with clients in a select range of industry sectors and are market leaders in health, insurance and real estate.

Chambers UK, A Client's Guide to the Legal Profession 2014, recognised more than half of our UK partners as leaders in their field. We achieved a record 102 rankings in Legal 500 UK 2013 and, with more than 50% of our total listings in either Tier 1 (30) or Tier 2 (27), our peers have acknowledged our excellence in our fields of expertise. For more information, visit http://www.dacbeachcroft.com/.