Essential Duty of Care: Speeding

In 2002 the Department for Transport carried out a speed survey, which showed that up to one third of road crashes were as a result of excessive speed. They found that there were 72,000 speed related crashes each year in which 1,100 people are killed and over 12,000 injured.

More than half of all cars exceed the speed limit in urban areas or on motorways. Most drivers will admit to speeding, but research shows the groups most likely to speed include:

• Drivers who drive as part of their work
• Young or novice drivers
• Male drivers
• Car drivers from high income households
• High mileage drivers of newer, larger cars
• Company car drivers

At 35mph a driver is twice as likely to kill someone as they are at 30mph. Impacts at higher speeds are more severe than lower speeds and thus lead to more serious injury. However, the probability of serious injury to a passenger travelling at 30mph is three times greater than at 20mph.

Speed Cameras
The Road Traffic Act 1991 enables Courts to accept evidence of speeding from type-approved cameras accompanied only by a certificate signed on behalf of the relevant police force.

Speed cameras are an emotive issue, and arguments relating to the use of income from them and the positioning of cameras still rages. However, survey after survey seems to prove that speed cameras reduce accidents.

Surveys conducted before and after the introduction of speed cameras shows that on average:

• The percentage of drivers exceeding the speed limit fell from 47% to 20%
• Average speeds fell by 10%
• The number of people killed fell by 35%
• The number of people seriously injured fell by 27%
• There was a 56% reduction in the number of pedestrians killed or seriously injured

The term ‘inappropriate speed’ encompasses situations where the speed limit is exceeded, but also where driving within the speed limit becomes too fast due to particular road conditions.

RoSPA 10 Point Code on Preventing Inappropriate Use of Speed

• The organisation should promote safer driving
• A policy on speed should be communicated to everyone
• The organisation should make it clear that it expects employees to drive within speed limits
• All senior managers should lead by example
• Safe journeys should be planned with sufficient time for rest breaks
• Avoid work-related targets which may cause the use of inappropriate speed
• The allocation of powerful company cars should be controlled
• Companies should actively monitor to assess employee compliance with policy
• Accidents should always be investigated
• Liaise with local police authorities on best practice issues

Driver Hours
Official research suggests that a 15 minute break for every two hours of driving is vital to avoid driver fatigue. The important point is that the 15 minute break is not just a break from driving, it is a genuine break from work.

It is important that companies do not provide any form of financial incentive or un-realistic delivery schedules that would encourage drivers to drive excessive number of hours.

 

	The Law		Key Points
	Developing Duty of Care		Driver Training
	Car Checks		Speeding
	Private Cars		Mobile Phones
	Risk Assessment		Sources of Information