Driving at work: employer duties, risk assessment and policy

Three people, one shared risk: a field engineer, a regional sales manager and a care worker on a round of home visits. The most dangerous part of each day is the drive. Most employers still treat the road as the gap between tasks, which is why the only driving policy many organisations own is about expenses.

A driving policy only holds if the checks behind it recur on a date. See how New Dynamics workflows let you set the stages, participants, reminders and approvals for a repeating check, so a licence review has an owner and a due date instead of living in somebody's calendar.

HSE is direct about it. Its guidance for employers on driving and riding safely for work opens: "As an employer, you must manage health and safety risks to workers who drive a vehicle or ride a motorcycle, other powered two-wheeler or bicycle on the road as part of a work activity. Health and safety law applies to work activities on the road in the same way as it does on a fixed site." It adds: "Driving for work is one of the most dangerous things workers will do."

Below: where that duty comes from, what the assessment must cover, how licence checking actually works, and the rules on phones and hours. It covers Great Britain. It is general information and not legal advice.

Where the duty comes from

HSE's statement is a summary of two pieces of law, and a policy that cites its source survives a challenge better than one that asserts a rule.

The general duty is section 2(1) of the Health and Safety at Work etc. Act 1974: "It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees." Nothing in that wording limits it to premises. Section 3(1) extends the same test to "persons not in his employment who may be affected" by the undertaking, which is how pedestrians and cyclists come into scope. A van driver under schedule pressure is a risk to them, and in law that is the employer's problem too.

The assessment duty is regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, in force since 29 December 1999: "Every employer shall make a suitable and sufficient assessment of the risks to the health and safety of his employees to which they are exposed whilst they are at work." Regulation 3(6) adds that an employer with five or more employees must record "the significant findings of the assessment."

Drivers carry duties too, under section 7. HSE's page for workers who drive or ride for work puts it plainly: "make sure you don't drive tired or tell your employer if you are taking medication that may affect your ability to drive."

The grey fleet is covered, and commuting generally is not

This is the point most policies get wrong. HSE states it in one line: "The law applies to both company and grey fleet vehicles. A grey fleet vehicle is owned and driven by a worker for business purposes. Vehicles used under cash allowance schemes are grey fleet too."

So an employee driving their own car between two client sites is doing a work activity you must assess, even though you neither own, insure nor maintain the car. Paying a mileage rate does not transfer the duty. For the reimbursement side, see our post on mileage rates.

The scope reaches past employees: HSE says the duty "applies to employees and anyone engaged to work for you in the gig economy", naming "limb (b) workers (dependent contractors)" and "self-employed people". Many of these drivers are also lone workers, defined by HSE as "someone who works by themselves without close or direct supervision", and our post on lone working covers that overlap.

Commuting sits outside the definition, with one exception worth writing down: HSE treats a journey as work driving where it starts from home and takes the person to a work location that is not their normal place of work. The effect is that a home-based worker driving to a customer is driving for work from the moment they leave the drive.

What the risk assessment must cover

HSE names three areas and structures its whole guide around them: "The main areas you should look at in your risk assessment are the journey, the driver or rider and the vehicle." It calls this the "Safe journey, safe driver or rider, safe vehicle" approach.

The journey. HSE's advice on planning and managing journeys starts with the question schedules skip: "First, consider whether the journey is necessary." It notes that "The Highway Code recommends that drivers and riders should take a 15-minute break every two hours", and that "Sleep-related incidents are most likely between 2 am and 6 am and 2 pm and 4 pm." It is blunt about pressure: "Make sure your company policy does not put riders and drivers under pressure and encourage them to take unnecessary risks, for example to exceed safe speeds because of agreed arrival times."

The driver or rider. HSE's page on making sure drivers and riders are safe lists what to weigh when allocating work, including "experience, attitude, maturity, driving record, physical fitness", "any driving or riding offences" and "ensuring licences, insurance, and MOTs are legal and up to date". Training must be "at no cost to them".

The vehicle. HSE expects induction to cover "drivers and riders doing daily vehicle safety checks". For the grey fleet that means a route to confirm MOT and insurance covering business use.

HSE also lists the hazards it expects named: "roadworks, traffic and congestion", "vehicle condition", "fatigue and distraction", "time pressures", "the weather" and "behaviour of other road users".

Driving licence checks, and the consent that governs them

No separate statute in Great Britain says an employer must check driving licences. The obligation is derived: section 2(1) requires you to ensure safety so far as is reasonably practicable, regulation 3(1) requires a suitable and sufficient assessment, and HSE names "ensuring licences, insurance, and MOTs are legal and up to date" among the things that assessment should consider. A disqualification you never looked for is a gap in your assessment.

The consent is not optional. GOV.UK's service for checking someone's driving licence information requires "the last 8 characters of their driving licence number" and "a check code from the driver", adding: "You must use the code within 21 days. You can only use the code once." Then the line that governs everything: "It's a criminal offence to obtain someone else's personal information without their permission."

The driver generates that code on the separate service for viewing or sharing your driving licence information, using their licence number, National Insurance number and licence postcode. A postal route using form D888/1, completed by both of you, costs £5. So your options are to ask the driver for a code or ask them to share their record. You cannot look a licence up on your own initiative, and a policy implying otherwise asks managers to commit an offence.

Phones, and why hands-free is not a safe harbour

GOV.UK's guidance on using a phone, sat nav or other device when driving states the offence: "It's illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle." It applies while "stopped at traffic lights", "queuing in traffic" and even "holding and using a device that's offline or in flight mode". The penalty: "You can get 6 penalty points and a £200 fine", plus loss of licence for anyone who "passed your driving test in the last 2 years". A court can impose a ban and a fine of up to £1,000, or £2,500 for a lorry or bus.

Hands-free use is lawful: "You can use devices with hands-free access, as long as you do not hold them at any time during usage." Lawful is not safe, and HSE says so, telling employers to make drivers aware that "using a hands-free mobile phone increases the likelihood of a collision", and to "ensure drivers use hands-free mode sparingly and only when necessary". The rule that changes behaviour is organisational: nobody is expected to answer while driving, and no manager calls a driver knowing they are on the road.

Drivers' hours, in outline

The detailed hours rules do not reach every employee who drives. GOV.UK's guide to drivers' hours opens: "If you drive a goods vehicle or a bus or coach you must follow the rules on how many hours you can drive and the breaks that you need to take", and which set applies depends on the vehicle type and the country. Assimilated rules, previously called EU rules, apply above 3.5 tonnes; GB domestic rules apply below that where the vehicle is used in connection with a trade or business. Northern Ireland has its own. We are not reproducing the tables here, because they change.

The page to read is rules for employers, which requires you to "keep drivers' hours records for at least one year" and "be able to show enforcement officers records from the last 12 months". One line there is a pay-design rule: "You cannot pay your employees based on speed of delivery, distance travelled or the amount of goods carried if this encourages drivers to break the rules."

Who investigates, and what an employer can be prosecuted for

Quote rather than opine here. HSE's page on the law and how it is regulated sets out the split: "The police and the Driver and Vehicle Standards Agency (DVSA) enforce road traffic law", and "The police lead investigations into road traffic incidents on public roads." HSE says it "usually only investigates if the police identify that serious management failures contributed significantly to the incident".

On the most serious outcome, HSE states that "You or your organisation could be prosecuted for Gross Negligence Manslaughter or under the Corporate Manslaughter and Corporate Homicide Act 2007" where a worker driving for work is involved in an incident causing death "and there is evidence that the death was caused by either a grossly negligent act or omission; or by serious management failures amounting to a 'gross breach of a relevant duty of care'". That is the official position, not a prediction about any case. Civil liability for a collision turns on facts and law we are not summarising here, so take advice on a specific incident.

What the data shows, and what HSE does not publish

HSE publishes no figure for work-related road deaths, and the reason is structural. Its RIDDOR exemptions page states that reports are not required for "accidents involving a moving vehicle on a public road", with narrow carve-outs for loading and unloading, roadside work, escaping substances and trains. Work-related collisions therefore sit outside HSE's injury statistics almost entirely, and HSE points readers to the Department for Transport instead.

DfT does publish an estimate. Its official statistics factsheet Reported road casualties Great Britain: estimates involving driving for work, updated 24 September 2026, reports that in 2025 "445 people were killed in collisions involving a working driver", which it puts at 29% of all road fatalities, alongside "1,183 KSI pedestrian casualties who were hit by working drivers or riders". It finds work-related collisions "remained relatively stable between 2015 and 2025, accounting for around a quarter of all reported collisions each year", and warns that "figures are still likely to be underestimates", because 53% of vehicles in 2025 had an unknown journey purpose. For context, DfT's final results for 2025, published 30 July 2026, give "1,538 fatalities". Our HR statistics hub collects the wider workforce figures.

Frequently asked questions

Does health and safety law apply to driving at work?

Yes. HSE states that health and safety law applies to work activities on the road in the same way as it does on a fixed site. The duties are in sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974, and the assessment duty in regulation 3(1) of the Management of Health and Safety at Work Regulations 1999.

Does a driving at work policy cover an employee's own car?

Yes. HSE states that the law applies to both company and grey fleet vehicles, and defines a grey fleet vehicle as one owned and driven by a worker for business purposes. Vehicles used under cash allowance schemes count too. Reimbursing mileage does not move the duty.

Is commuting classed as driving for work?

Generally no. HSE states that commuting is not generally classified as driving for work and that health and safety law does not apply to commuting, with one exception: where the journey starts from home and the worker travels to a work location that is not their normal place of work.

What must a driving at work risk assessment cover?

HSE says the main areas are the journey, the driver or rider and the vehicle. It expects named hazards including traffic and congestion, vehicle condition, fatigue and distraction, time pressures and the weather. An employer with five or more employees must record the significant findings.

How can an employer check an employee's driving licence?

Through DVLA's online service, with the driver's permission. GOV.UK requires the last 8 characters of the licence number and a check code generated by the driver, usable once and within 21 days. GOV.UK also states that it is a criminal offence to obtain someone else's personal information without their permission.

Can employees use a hands-free phone while driving for work?

It is lawful. GOV.UK states that you can use devices with hands-free access as long as you do not hold them at any time. Holding and using a device carries 6 penalty points and a £200 fine. HSE still tells employers to warn drivers that hands-free use increases the likelihood of a collision.

How many people are killed in work-related road collisions?

HSE publishes no figure, because RIDDOR exempts accidents involving a moving vehicle on a public road from reporting. DfT's factsheet on collisions involving driving for work, updated 24 September 2026, estimates that 445 people were killed in collisions involving a working driver in 2025, around 29% of all road fatalities.

Your next step: four moves on the driving policy

1. List who drives, and in what. Employees, agency and contracted workers, company vehicles and grey fleet, including anyone on a cash allowance. The list is usually longer than the fleet list.
2. Assess journey, driver and vehicle, and record the significant findings. Regulation 3(6) requires the record at five or more employees. Name the hazards HSE names.
3. Set the recurring checks. Licence check by code with the driver's permission, insurance covering business use, MOT, and a declaration of endorsements or medical changes. Give each a frequency, an owner and a due date.
4. Fix the pressure, not just the paperwork. Review schedules, delivery targets and the expectation of answering calls, then consult your workers on the result. HSE requires that "You must also consult your workers about health and safety", and adds the point employers forget: "You must consider access to suitable welfare facilities for your drivers or riders."

For the policy wording and how it sits alongside your other rules, read and download our employee handbook guide. The guide is free to read, and the PDF uses our short download form.

Want the recurring checks to leave a record you can show an inspector without reconstructing it? Book a New Dynamics demo and bring your current driving policy. You can also email contact@new-dynamics.com.