‘Grey fleet’ drivers, i.e. those driving their own vehicles on business, should always be carefully considered within any overall fleet risk assessment programme, as they could prove to be a company’s Achilles’ heel.
It is incumbent on companies to show that their employees are using equipment that is fit for purpose, and ensure they comply with all current legislation.
For employees that drive for business, the employer will still be liable for the employee’s negligence in the event of a serious accident by virtue of vicarious liability, regardless of who owns the vehicle.