i. This policy must not be changed without prior discussion with Catch22 Multi Academies Trust. LGB/Board approval

Transcription

1 Applicable To: Policy: Catch22 Multi Academies Trust Driving Safely Policy Notes i. This policy must not be changed without prior discussion with Catch22 Multi Academies Trust. Date of last review: Date of next review: Type of policy: Version: Jan 2017 Review period: 3 years Jan 2020 Owner: Accounting Officer Non- Statutory V.1.0 LGB/Board approval Board approves; LGB signs off

2 Contents 1. What is the policy about? 3 2. Who is the policy for? 3 3. Policy statement 3 4. Definitions 3 5. Policy Requirements 5.1 Driving on Catch 22 s Business Use of an employee s own vehicle Child Car Seats Restrictions Use of Mobile Phones whilst Driving Minibus and People Carrier Driving Medical standards and renewing a driving licence Road Traffic Collisions and Incidents 8 6. Related policies 8 7. Useful links 9

3 1. What is the policy about? Catch22 takes its duty of care to staff and volunteers very seriously. It accepts a legal and moral responsibility to take all reasonable steps to ensure, so as far as is reasonably practicable, the safety of staff and volunteers driving on Catch22 business. 2. Who is the policy for? This policy covers all Catch22 employees and volunteers driving on Catch22 business. It does not cover driving from your home to your normal place of work. It does cover driving from your home, at Catch22 s request, to any locations other than your normal place of work, to carry out work on behalf of Catch22. This policy applies whether you are driving a Catch22 vehicle or another vehicle and driving on Catch22 s insurance or your own. 3. Policy statement Catch22 recognises that in order to operate our business there are occasions when employees and volunteers will be required to drive as part of their daily work. This policy sets out the minimum standards that we expect to be met in order for this activity to be carried out in accordance with legal requirements and safety standards. 4. Definitions Term Driving on Catch22 Business Category B driving licence Meaning Driving at Catch22 s request; or on Catch22 s instigation for the purpose of Catch22 s work If you passed your test on or after 1 January 1997: You can drive vehicles up to 3,500kg MAM with up to 8 passenger seats (with a trailer up to 750kg). You can also tow heavier trailers if the total MAM of the vehicle and trailer isn t more than 3,500kg. If you passed your test before 1 January 1997: You re usually entitled to drive a vehicle and trailer combination up to 8,250kg maximum authorised mass (MAM). (Always view driving licence information to check). You are also permitted to drive vehicles up to 3,500kg MAM with up to 8 passenger seats (with a trailer up to 750kg) on a voluntary basis, not for hire or reward.

4 D1 (101) The category automatically added to drivers passing their driving test before 1 January (PSV) D1 operator s Holder is entitled to operate a vehicle for hire or reward licence (payment or payment in kind) that can carry 9 or more passengers Holder entitled to operate a smaller vehicle carrying passengers and charging separate fares for the journey. Section 19 permit Hire or Reward On a Voluntary Basis Section 19 (of the Transport Act 1985) allow organisations that operate in GB without a view to profit to have a permit which exempts them from the need to hold a PSV operator s licence when providing transport for a charge. Under specified conditions, the drivers of certain vehicles are exempt from the need to have PCV entitlement on their driving licence. These permits may be granted to organisations, such as Catch22, that operate vehicles without a view to profit to transport their members, or people whom the organisation exists to help. Section 19 permit vehicles can t be used to carry members of the general public. A minibus is used for hire or reward if there is a clear and logical link between payment and the transport provided and that link is not too remote. A minibus is not being used for hire or reward, for example, where service users are not obliged to pay in exchange for the right to be passengers. If the terms and conditions of an employee s contract of employment states that driving minibuses is a part of their duties, or if they are paid an additional sum specifically for driving the minibus (other than a sum to reimburse them for out of pocket expenses on a cost recovery basis), such staff would be deemed as receiving payment for driving a minibus and would not be driving the minibus on a voluntary basis. However, if the contract of employment does not state that driving minibuses is part of their duties and they receive no additional payment for driving a minibus to take service users on trips or to social sporting events (except for reimbursement for out of pocket expenses), they will be driving on an extracontractual, voluntary basis.

5 Minibus A vehicle with a minimum of nine and a maximum of 16 passenger seats, with or without a trailer weighing no more than 3.5T. People Carrier Vehicle with three rows of seats usually carrying 7 or 8 passengers. 5. Policy requirements 5.1 Driving on Catch 22 s Business All driving activities on Catch22 s business must be covered by a formal Risk Assessment. Everyone who is likely to be requested to drive on Catch22 s business must present their licence to their line manager before they can drive. A copy of the licence will be taken and retained locally and annual checks using the gov.uk online licence check service made to ensure drivers have not been disqualified or received penalty points that would disqualify them from driving under this policy. Everyone driving on Catch22 s business is expected to obey the laws relating to driving and to obey the provisions of the Highway Code. No-one may drive on Catch22 s business unless: They are in possession of a full (not provisional), current licence valid for the type of vehicle they are driving. They have passed their test more than 6 months ago They are medically fit to drive 5.2 Use of an employee s own vehicle Anyone who is likely to be requested to drive on Catch22 s business, using their own vehicle, must present their insurance certificate (showing an appropriate level of business cover) to their line manager before they can drive. A copy of the certificate will be taken and retained locally. This licence/ insurance verification process must be repeated at intervals no greater than 12 months. Anyone driving on Catch22 s business must ensure that the vehicle, they are driving is: roadworthy, legal and safe (guidance should be sought via the vehicle s handbook or the Health & Safety Department). without obvious defects which may affect the car s roadworthiness (e.g. tyres, lights etc). the vehicle is covered by a valid MOT certificate.

6 Adequately insured. It is also strongly recommended that vehicles are serviced in line with the Manufacturer s recommendation to reduce risks associated with deterioration or damage. 5.3 Child Car Seats There is a legal requirement for all children travelling in cars to use the correct child restraint until they are either 135cm in height or 12 years old (which ever they reach first). After this they must use an adult seat belt. It is the Driver s legal responsibility to ensure that the child is correctly restrained. Further detailed information is available from childcarseats.org.uk 5.4 Restrictions Employees must not drive on Catch22 business: Whilst under the influence of alcohol or drugs (including some prescription medication) When the police advise that you should stay at home, due to severe weather in the local area If they are unduly tired Managers and staff must, where reasonable to do so, avoid the need to drive long distances or in the early / late hours of a normal working day. This can be accommodated by: using telephone/web-based conferencing for meetings. staying in a hotel the night before early morning meetings. using public transport. sharing the driving with colleagues. Note: This policy requires drivers to obey provisions of The Highway Code which recommends drivers take a 15 minute break after every 2 hours of driving. 5.5 Use of Mobile Phones whilst Driving Everyone driving on Catch22 business should be aware of the following: Using a hand held mobile phone while driving is both illegal and unsafe. Catch22 staff and volunteers must not use a hand-held mobile phone whilst driving on business.

7 Whilst driving, calls are only to be made if the mobile phone is hands-free in a cradle, or a Bluetooth activated phone, and has a voice activation facility (this includes a stationary car on a road with the engine running). Avoid making calls as much as possible. Catch22 staff and volunteers, trying to contact a colleague, should not expect them to answer a call made to their mobile when they are driving. Catch22 will not be liable for any fines incurred by staff or volunteers if they are in breach of this policy. All such usage will be deemed by Catch22 to be at the individual s own volition. Breach of the above requirements will be treated as a disciplinary offence. 5.6 Minibus and People Carrier Driving Vehicle Safety Before hiring a minibus or people carrier, it is essential that checks are made to ensure the vehicle is legal, safe and roadworthy. This includes verifying the following MOT Road Tax Service and maintenance records A visual inspection of the condition of the vehicle will be undertaken and all lights, wipers, horn, oil and fuel levels, seat belts must be in good working order and recorded onto a checklist. A checklist is available download from Connected Licence Requirements People Carrier To drive a people carrier, staff must have held valid a Category B driving licence for 2 years or more, with a maximum of 6 points on a license and no previous major conviction or ban, and meet all other requirements for driving under this policy Licence Requirements Minibus To drive a minibus for Catch22 business purposes, the driver must either hold a PSV or D1(101) or a category B driving test on or after 1 January 1997 and meet all of the following criteria: Be over 21 and have held a category B licence for at least 2 years No more than 6 penalty points on their license and no previous major conviction or ban

8 The requirement to drive a minibus is not written into their job description (otherwise the driving would not be on a voluntary basis The gross vehicle weight of the minibus is not more than 3.5 tonnes (or 4.25 tonnes if including any specialist equipment to carry disabled passengers); and No trailer is towed Competency Being legally entitled to drive a minibus does not guarantee competency to drive. It is essential that any Catch22 driver or a minibus can demonstrate safe driving competency. Satisfactory evidence must be held and it is strongly recommended that this includes one of the following: A valid MiDAS certificate valid for 4 years A valid RoSPA National Minibus Test valid for 3 years A PSV D1 licence Authorisation to drive signed off by competent driver (holding a valid relevant driving certificate as above) and reviewed annually All training and qualification costs are met from the service budgets Driving for hire and reward For services where employees are routinely required to drive a minibus for Catch22 business purposes and this is included in their job description or appraisal, a Section 19 permit will be required. For more information on Section 19 permits and how to apply visit gov.uk 5.7 Medical standards and renewing a driving licence Every driver must comply with medical standards for any driving licence issued 5.8 Road Traffic Collisions and Incidents Any road traffic collision or incident of injury while driving on Catch22 business must be reported as required by the Incident & Near Miss Reporting Policy. 6. Related policies Risk Assessment and Management Policy Incident & Near Miss Reporting Mobile Phone Policy

9 7. Useful links Department for Education - Driving school minibuses: Advice for schools and local authorities Section 19 and 22 permits: not for profit passenger transport Driving licence categories

10 Annex 1: Equality Impact Assessment Catch22 is committed to always: avoiding the potential for unlawful discrimination, harassment and victimisation; advancing equality of opportunity between people who share a protected characteristic and those who do not; and, foster good relations between people who share a protected characteristic and those who do not. An Equality Impact Assessment (EIA) is a tool for identifying whether or not strategies, projects, services, guidance, practices or policies have an adverse or positive impact on a particular group of people or equality group. While currently only public bodies are legally required to complete EIA s, Catch22 has adopted the process in line with its commitment to continually improve our equality performance. 1. Summary This EIA is for: EIA completed by: Driving Safely Policy Liz Cole, Head of Health & Safety Date of assessment: January 2017 Assessment approved by: N/A Objectives and intended outcomes This EIA has been completed in order to ensure that the implications and potential impact, positive and negative, of the Catch22 Driving Safely policy for all staff have been fully considered and addressed, whether or not the staff members share a protected characteristic.

11 2. Potential Impacts, positive and negative Equality Area Positive Neutral Negative Summary Age Disability Pregnancy & Maternity/paternity Race (incl. origin, colour and nationality) Gender and Gender Re-assignment Sexual Orientation The policy apples equally to all members of staff regardless of age. It s not considered that the policy includes any guidance or rules that may impact either positively or negatively on any member of staff because of their age. The policy apples equally to all members of staff regardless of health/disability. It s not considered that the policy includes any guidance or rules that may impact either positively or negatively on any member of staff because of their disability. It s not considered that the policy positive or negatively impacts on pregnant women or on staff on maternity or paternity leave,. The policy apples equally to all members of staff regardless of their race, origin, colour or nationality. It s not considered that the policy includes any guidance or rules that may impact either positively or negatively in these respects. The policy apples equally to all members of staff regardless of their gender at any given time. It s not considered that the policy includes any guidance or rules that may impact either positively or negatively on any member of staff because of gender. The policy apples equally to all members of staff regardless of catch22mat.org.uk The Catch22 Multi Academies Trust Ltd is a company limited by guarantee. Company number: (England and Wales)

12 their sexual orientation. It s not considered that the policy includes any guidance or rules that may impact either positively or negatively on any member of staff because their sexual orientation. 3. Negative impacts and mitigations Negative Impact Mitigation Owner catch22mat.org.uk The Catch22 Multi Academies Trust Ltd is a company limited by guarantee. Company number: (England and Wales)