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Employer's responsibilities when employee drives vehicle whilst working

What are the employer's responsibilities when an employee drives a vehicle?

Employers must take all practicable steps to ensure that their employees are safe from harm while they are working. In this situation "all practicable steps" would include having processes for ensuring that any vehicle used for work purposes is:

  • roadworthy and warranted,
  • adequately and appropriately insured, and
  • is loaded and used only within its specified capability.

For example, a vehicle should not be inappropriately loaded so a driver's vision is impaired, or cargo could harm the driver. An employer must also ensure that all employees are trained and supervised so that they're able to perform their work duties safely. This would mean ensuring that employees who are required to use a vehicle:

  • have the appropriate classes of driver's licence,
  • are able to drive effectively, for example, they are not suffering from fatigue or any other factor,
  • comply with driving hours restrictions for heavy vehicles,
  • comply with the conditions of their driving licence, e.g. the wearing of glasses,
  • have adequate time in which to complete assignments, and
  • are physically capable of undertaking assignments.

Employers could also consider developing a safe driving policy based on the New Zealand Transport Agency publication, 'Your Safe Driving Policy'

Date Modified: Tuesday, December 07, 2010

Disclaimer: The content on this website covers common problems. It will not answer every question and should not be used as a substitute for legislation or legal advice. State sector employers and employees may be affected by some differences in the laws that apply to them (e.g. State Sector Act 1988). The Department of Labour takes no responsibility for the results of any actions taken on the basis of information on this website, nor for any errors or omissions.