Driver Responsibility
While using shared vans, drivers must follow instructions (contained in the Overnight Retention of Vehicles policy, located on the 6 phase intranet site) by completing the logbook as described. Under Section 172 of the Road Traffic Act 1988 Royal Mail has a legal obligation to provide, when required, details on the identity of any driver using a vehicle at a particular time. In order to fulfil this obligation, the Vehicle Condition & Mileage Logbook (the logbook) will be used as the primary day-to-day control record.
For the purposes of the Road Traffic Act 1988, the driver whose name is last recorded in the logbook will be considered responsible for the roadworthiness and security of the vehicle until responsibility is transferred to the next driver by signature in the logbook. Only the driver whose name is recorded in the logbook may drive the vehicle until responsibility is transferred. Subsequent drivers must carry out at least a “duty” level (roadworthiness) vehicle check before driving and the vehicle logbook must be completed in line with the example used in the Overnight Retention of Vehicles Policy, located in the 6 phase intranet site).
maximus12 wrote:In my office there is no driver or passenger, both can drive as and when. So there would be no way of knowing who was drivibg at a certain time.
Then all 3 of you - the pairing and your manager may be found further guilty under the Road Traffic Act 1988 Ch 52 Part VII Section 172 Other duties to give information or documents
http://www.legislation.gov.uk/ukpga/1988/52/section/172" onclick="window.open(this.href);return false; especially if you are caught speeding, or parking illegally by an automated process.
(5)Where a body corporate is guilty of an offence under this section and the offence is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of that offence and liable to be proceeded against and punished accordingly.
(6)Where the alleged offender is a body corporate, or in Scotland a partnership or an unincorporated association, or the proceedings are brought against him by virtue of subsection (5) above or subsection (11) below, subsection (4) above shall not apply unless, in addition to the matters there mentioned, the alleged offender shows that no record was kept of the persons who drove the vehicle and that the failure to keep a record was reasonable.
I would STRONGLY suggest getting the rep or Branch involved for all of your sakes, beacuse the defence of reasonable goes out the window when RM has an agreement to cover exactly the case in point.