Creating an audit trail of the training imparted to coach and bus drivers is now almost as important as delivering the training itself.
Having key evidence of training, with the signature of the driver who received it attached, and details of what was covered, to what depth and how frequently, is imperative. Having it to hand quickly, in an easily accessible format, is wise.
The increased focus on the training audit trail follows the introduction of the new charge of Causing Serious Injury by Careless or Inconsiderate Driving. Under this motoring legislation, the number of drivers who can potentially be prosecuted and tried in either a Magistrates or Crown Court is greater than ever. The ‘serious injury’ can be anything as slight as a broken finger; the carelessness or inconsiderate driving can be just a moment’s loss of concentration.
Whilst this may seem to be an issue for the drivers themselves, it is far more. Police will be particularly keen to interview commercial drivers, because the 2022 Highway Code made them more responsible than anyone else for the safety of all other road users. The jeopardy for a commercial driver increases further, if they injure what is deemed a vulnerable road user – a pedestrian, horse rider, cyclist or motorcyclist.
If the police do interview the driver, the line of questioning will focus not just on the whys and wherefores of the incident but also on the risk management culture within their employer organisation.
Police will want to know how much training the driver has had, what policies and procedures for driver training and risk control are in place and what evidence of training is on file. They will also probe vehicle maintenance and licence, MoT and health checks, if there is any inkling these could be contributory factors within the incident.
If a driver is not given legal advice when this line of questioning is underway, it is easy for their bus or coach operator employer to be inadvertently implicated. If interviewed, having evidence to hand, to demonstrate a commitment to risk management and driver training could be the difference between a prison sentence of up to two years and a lesser punishment. That will not, however, be a fine under this new legislation, as that is not possible.
A 12-month driving ban will automatically be meted out to a driver found or pleading guilty.
Now is the time to dust off the training manual, ensure it is up to date with regard to all new motoring laws and rules and examine holes in driver training and hazard awareness. Risk management is now not just about reducing claims and lowering insurance premiums but also a route to avoiding what could be a custodial sentence.
Consulting with a specialist insurance broker, who can advise on better risk management procedures and intuitive training options, whilst also offering you instant, in-person legal representation should your driver be interviewed by police, makes sense. This – and your audit trail – are now all part of sentencing mitigation.
