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Unauthorised and Illegal Use of Private Cars on Delivery

22 Aug 2012, 15:22

Letter to Branches




No. 633 /12
Ref V1
Date: 22 August 2012

To: All Branches

Dear Colleagues,

Unauthorised and Illegal Use of Private Cars on Delivery - Warning
 
Following reports from ASRs of the continued use of Private Cars on Delivery following New Delivery Methods Revisions the following letter has been sent to the Royal Mail Operations Safety Director, the contents of which are self-explanatory. If Representatives are experiencing similar difficulties in their Areas please bring this LTB and below letter to the Management's attention.

Yours Sincerely
 
 
Dave Joyce
National Health, Safety & Environment Officer

====================================================================================

Communication Workers Union
Dave Joyce National Health & Safety Officer
150 The Broadway, Wimbledon, London SW19 1RX
Tel: 020 8971 7365/7308 E-Mail: djoyce@cwu.org
 
Our Ref: V1/DJ/kg
  
22nd August 2012

 
Gerry Teggart
National Safety Director
Royal Mail Operations
1st Floor,
Rathbone Place,
London, W1T 1HQ

 
Dear Gerry,
 
Unauthorised and Illegal Use of Private Cars on Delivery - Warning

A number of CWU ASRs have identified a serious risk for both the business and individual
members of staff at various Delivery Offices where Safety Inspections, checks and sampling have found that in some cases a considerable number of the deliveries went out in private cars, with staff members loading 5 or more pouches of mail in to each car. The ASRs concerned have diligently, repeatedly raised this in reports to DOMs and to the DSMs who have apparently taken no action or 'turned a blind eye'.
 
Apart from the lack of risk assessments or security assessments, the Business Transformation 2010 and Beyond National Agreement, top of page 23 it states; " All delivery revisions will be planned on the basis of no use of private cars. Private cars on delivery will cease upon the deployment of a Delivery Methods revision in a unit."
 
At that point all authorisations and insurance cover are withdrawn. It would therefore be a serious Conduct Code, disciplinary offence for the DOM and DSM to allow and encourage staff to continue using private cars on delivery, placing the individuals at risk, other road users at risk and the business vicariously liable.
 
We have unfortunately had several cases of postmen caught by the Police using their private car on delivery without commercial use insurance, one was caught on camera and televised on the Police Camera Action - Police Interceptors TV programme much to the embarrassment of all concerned. The Postmen caught received a fixed penalty £300 fine for no commercial use insurance, 6 points on their Drivers Licence, their cars were seized at the roadside and impounded with a £115 tow away fee plus £15 per day storage and they had to pay for full Business Motor insurance before the Police would release their cars. So it's really not worth it to them.
 
Royal Mail are putting their workers at risk of driving without insurance by encouraging them to use their cars on delivery.
 
Around 30 per cent of traffic accidents involve somebody at work. That figure represents an alarming 1,000 deaths and 13,000 casualties every year,  and people at work are over-represented in some types of accident, including those caused by fatigue, speed and the use of mobile phones.
 
The government has run several campaigns to encourage companies of all sizes across all sectors to improve their occupational road risk management (ORR).
 
A revised police road death investigation manual of procedures for determining corporate
liability states that police will investigate all at-work road deaths for possible prosecution and report any employer failure in safety management or deficiency in driver training to the Health & Safety Executive (HSE).
 
The Road Safety Act 2006, introduced offences of causing death by careless driving, and
causing death while driving unlicensed, disqualified or uninsured, threatens uninformed
managers.
 
Frequently, such private cars are not properly insured and may not be roadworthy.
 
Under corporate killing legislation it is now easier for Royal Mail to be punished with unlimited fines and even jail for gross negligence manslaughter.
 
Royal Mail's risk lies not only in vehicles but also driver competency, health, journey, work schedule, even vehicle suitability. Directors need to understand that no legislation specifically identifies risk. Legally, authoritative guidance cannot be ignored. No company or person can delegate risk. Yet occupational road risk has to be identified and assessed in the workplace-by law.
 
Royal Mail does not have a programme to control the quality of vehicle maintenance on these private cars or the driver's attention to needing more training but Royal Mail is still in direct control of where these drivers go and how they get there.
 
In a recent survey, Leicester-based fleet consultancy 'Total Motion Vehicle Monitor' found that of 4,768 company and privately-owned business cars, 23 per cent were not roadworthy and 39 per cent not properly maintained. Only 11 per cent of company drivers regularly conducted car safety checks.
 
One million UK business drivers have never been asked to produce their licences for employer checking, yet legally it is vital for employers to know the status of their employees' driving licences.
 
The only defence against health and safety action is proof that every precaution was taken to prevent an incident. Few people perform a job that is more dangerous than driving. It is imperative that directors encourage the workforce to focus solely on getting to their destinations and doing their delivery safely and not rushing round in their private car.
 
I am copying this letter to Eddy Tarn HSE National Head of Utilities Group due to the efforts of our Area Safety Reps being blatantly ignored by DOMs and DSMs despite their constructive challenging of these practices and 'stepping in' without any support from local managers at all.

I suggest you ask the Regional Safety Directors to run a joint check with our CWU Area Safety Reps to determine the scale of the problem and take the necessary remedial action through clear communications, to ensure the practice is stopped.
 

Yours Sincerely


Dave Joyce
National Health, Safety & Environment Officer
 

Re: Unauthorised and Illegal Use of Private Cars on Delivery

22 Aug 2012, 19:13

About time! :Applause

Re: Unauthorised and Illegal Use of Private Cars on Delivery

22 Aug 2012, 19:45

"Royal Mail does not have a programme to control the quality of vehicle maintenance on these private cars" and sadly does little better with their own vans. :sad:

Re: Unauthorised and Illegal Use of Private Cars on Delivery

22 Aug 2012, 19:51

Lounge Lizard wrote:"Royal Mail does not have a programme to control the quality of vehicle maintenance on these private cars" and sadly does little better with their own vans. :sad:

Tell me about it............send a van up the garage to be repaired...........comes back exactly the same (even though it's been signed off), our vans spend more time being fixed these days which seems to me like a false economy :hmmmm

Re: Unauthorised and Illegal Use of Private Cars on Delivery

23 Aug 2012, 00:43

Are they taking the f***ing piss?

The police camera action thing was a couple of years ago was it not
This s**t has been going on since the start of 2010 and way before that has it not

And the ASR's,you telling me they can't they talk to the reps,they can't talk to the members,you also telling me also they can't force a DOM to abide with H&S of this magnitude.

Funny really as well,it doesn't blame our wankey colleagues. :left:

Re: Unauthorised and Illegal Use of Private Cars on Delivery

24 Aug 2012, 05:52

Thanks for this, this seems to have done the trick and managers have agreed to stop.

Re: Unauthorised and Illegal Use of Private Cars on Delivery

26 Aug 2012, 18:19

ronpetetrevchris wrote:Thanks for this, this seems to have done the trick and managers have agreed to stop.


The odd thing is when managers turn up to do deliveries guess what they are using ...................

Re: Unauthorised and Illegal Use of Private Cars on Delivery

26 Sep 2012, 18:55

hi,
when you are ready to go out on delivery,is the walker allowed to drive his car to the begining of the walk while the driver follows him in the van? (the walker is not carrying any mail at all,he is just taking his car and meeting his driver at the start of the walk). if the walker isnt carrying any mail what is the problem ? also he doesnt go back to his car for any reason until the end of his duty.

Re: Unauthorised and Illegal Use of Private Cars on Delivery

26 Sep 2012, 19:07

gfboots wrote:hi,
when you are ready to go out on delivery,is the walker allowed to drive his car to the begining of the walk while the driver follows him in the van? (the walker is not carrying any mail at all,he is just taking his car and meeting his driver at the start of the walk). if the walker isnt carrying any mail what is the problem ? also he doesnt go back to his car for any reason until the end of his duty.


If he has normal 3rd Party fire and theft, or Fully Comp - then in most cases they are NOT covered and are driving illegally. Royal Mail won't have any issue but his insurers will.

Insurance will cover you for commuting to work, but it won't normally cover you when moving from one work location to another (In our case Delivery Office to Duty).

for example Direct Line say http://faqs.directline.com/help/car-insurance/commuting

Am I covered for commuting?

Direct Line's Social, Domestic and Pleasure policy cover includes commuting. This allows you to drive to and from a permanent place of work.
By 'permanent' place of work, we mean a single office, site, location or place of work that you intend to travel to for the duration of your contract of employment.

If you are employed, for example, on a 3 month contract and will only be travelling to one location/site/office during the term of your contract, then Social Domestic & Pleasure is sufficient.

Please check your policy documents to confirm your level of cover.


and tescos http://www.tescocompare.com/car/car-ins ... ions.shtml

Business Use allows you to use the car for your job, such as driving to meetings, between different work places, to conferences or training courses.

Royal Mails issue would be if they instruct them to use the Van and not to use the private car, then there could be a question of Failing to comply with a reasonable request. Royal Mail have said that use of the equipment provided is mandatory, so, although its a stretch it could be said that using a Private car to go out to the delivery already goes against those instructions. I would not want to be the test case though.

Re: Unauthorised and Illegal Use of Private Cars on Delivery

26 Sep 2012, 19:10

gfboots wrote:hi,
when you are ready to go out on delivery,is the walker allowed to drive his car to the begining of the walk while the driver follows him in the van? (the walker is not carrying any mail at all,he is just taking his car and meeting his driver at the start of the walk). if the walker isnt carrying any mail what is the problem ? also he doesnt go back to his car for any reason until the end of his duty.



Your car insurance is invalid because you are using your car for business purposes.
Driving without valid insurance is illegal.
You are breaking the law in the course of your employment.
Should Royal Mail turn a blind eye to that? :cuppa

Re: Unauthorised and Illegal Use of Private Cars on Delivery

26 Sep 2012, 20:56

thanks for the advise, what would happen if he had to go home to get his sandwiches etc, would he have to leave his car at work and catch the bus?

Re: Unauthorised and Illegal Use of Private Cars on Delivery

26 Sep 2012, 21:47

gfboots wrote:thanks for the advise, what would happen if he had to go home to get his sandwiches etc, would he have to leave his car at work and catch the bus?


What every day - should get a health check if that's the case.

Re: Unauthorised and Illegal Use of Private Cars on Delivery

26 Sep 2012, 22:11

no ,not every day ,i was just wondering what the difference was by going home in your car to collect something? or using your car to go to your first delivery point?

Re: Unauthorised and Illegal Use of Private Cars on Delivery

26 Sep 2012, 23:47

Boots your lot are on P&L,no cars end of.

Re: Unauthorised and Illegal Use of Private Cars on Delivery

27 Sep 2012, 09:20

gfboots wrote:,i was just wondering what the difference was by going home in your car to collect something? or using your car to go to your first delivery point?


Your insurance covers you travelling to and from work,going home in your car isn't an issue whether it's first thing,last thing,lunchtime or picking up your cheese and pickles.
Using it for actual work purposes like driving to your first delivery point however is considered to be business use and invalidates your own personal insurance,driving without valid insurance is illegal,Royal Mail got around that by providing it's own version of business insurance for private car users.
In offices where DM revisions have occurred that insurance has been withdrawn..completely.

Re: Unauthorised and Illegal Use of Private Cars on Delivery

27 Sep 2012, 11:51

:arrrghhh :arrrghhh :arrrghhh

Re: Unauthorised and Illegal Use of Private Cars on Delivery

30 Sep 2012, 08:53

gfboots wrote:thanks for the advise, what would happen if he had to go home to get his sandwiches etc, would he have to leave his car at work and catch the bus?




That is classed as commuting so he could use his car

Re: Unauthorised and Illegal Use of Private Cars on Delivery

30 Sep 2012, 08:59

gfboots wrote:no ,not every day ,i was just wondering what the difference was by going home in your car to collect something? or using your car to go to your first delivery point?

Going home to collect something is classed as commuting

Don’t forget your insurance company will do whatever they can to prevent paying out :crazy:

Re: Unauthorised and Illegal Use of Private Cars on Delivery

18 Nov 2012, 17:19

fishtank wrote:
gfboots wrote:,i was just wondering what the difference was by going home in your car to collect something? or using your car to go to your first delivery point?


Your insurance covers you travelling to and from work,going home in your car isn't an issue whether it's first thing,last thing,lunchtime or picking up your cheese and pickles.
Using it for actual work purposes like driving to your first delivery point however is considered to be business use and invalidates your own personal insurance,driving without valid insurance is illegal,Royal Mail got around that by providing it's own version of business insurance for private car users.
In offices where DM revisions have occurred that insurance has been withdrawn..completely.


what about managers?they are using their cars to deliver mail and drop off people to help out on delivery etc..one has his car insured for work purposes,what kind of insurance should he have etc et? i thought once the royal mail insurance bonds were withdrawn after revision then nobody including managers were allowed to use private cars,he seems to think not

Re: Unauthorised and Illegal Use of Private Cars on Delivery

17 Jan 2013, 18:01

Saw two managers delivering cut off mail this week, in a Private Car...

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