When H&S Law Hits the Highway: Your Duty of Care Beyond the Depot

At LMP Legal, we’ve supported numerous fleet operators through a variety of legal situations. Whilst most of our clients are well versed on their legal responsibilities, there are times when an operator may not be aware of, or may misunderstand, the full extent of Health and Safety Executive (HSE) regulation and its impact following a road traffic collision.

Consider the example of a van colliding with a cyclist. The driver is arrested at the scene. At the police station, he is questioned not just about the crash, but about his journey planning, rest hours, and eyesight. Meanwhile, the HSE launches an investigation into the company’s route planning, fatigue management, and training records.

This wasn’t a reckless incident. It wasn’t a rogue employee. It was a momentary lapse which resulted in two investigations and a high risk of prosecution for the driver and penalties for the employer.

How Health and Safety Law Applies to the Road

The Health and Safety at Work etc. Act 1974 is clear: employers must do everything reasonably practicable to ensure the health and safety of their employees at work (Section 2). That duty also applies to third parties affected by work activities, including the public (Section 3). This means that if your employees, contractors, or grey fleet drivers are on the road for business purposes, your legal responsibilities go with them.

What this means in practice: your transport operation is not just a logistical function, it is a regulated workplace. And your risk doesn’t end at the depot gate.

Fleet Incidents = Workplace Incidents

If a driver causes serious injury even without intent they may be prosecuted under the offence of Causing Serious Injury by Careless Driving. This charge carries the threat of a prison sentence and mandatory disqualification. Courts are increasingly imposing harsher penalties on vocational drivers, holding them to a higher “professional” standard due to the nature of their work.

But the consequences don’t stop with the driver. The same incident can trigger a Health and Safety Executive (HSE) investigation into your systems of work. Investigators will ask: Were routes planned safely? Were fatigue risks assessed? Is your driver training documented? If there are gaps, they may view the incident not as a one-off, but as the result of organisational failure.

For businesses without robust systems, this double exposure - criminal for the driver, regulatory for the company - can escalate rapidly. From police interview to HSE scrutiny to civil litigation, the spotlight will be on whether the risk was foreseeable and preventable.

And that legal duty applies regardless of who owns the vehicle or holds the contract. Whether your drivers are employees, part of the grey fleet, or self-employed contractors, you must ensure they operate safely and in compliance with the law. Grey fleet drivers often fall outside routine oversight but present real risks: older vehicles, insufficient insurance, and little or no training. Self-employed drivers may appear independent, but if you control their routes, deadlines or branding, the law may view them as part of your operation. UK regulators increasingly investigate the reality of the working relationship, not just what’s written in the contract.

You can explore both these risk areas in more detail in our dedicated articles on grey fleet compliance  and managing self-employed driver liability.

What a Serious Incident Looks Like (and Why You Must Be Ready)

When a driver causes serious injury on the road, whether by momentary distraction or a misjudged turn, the consequences unfold quickly.

At the scene, the driver may be breathalysed, cautioned, and/or arrested. Their statements, often made in shock, can shape the entire legal outcome. They may inadvertently admit fault or contradict your safety systems which can expose both them and the business to liability.

If the injuries are significant, the HSE may be notified and start an independent regulatory investigation. They will examine your systems: journey planning, training, fatigue checks, incident protocols. Gaps here will not be seen as unfortunate, they’ll be viewed as evidence of negligence.

What Compliance Actually Looks Like

Legal compliance on the road isn't about having a policy. It’s about having a system that works under pressure.

It starts with people. Every driver, be they an employee, grey fleet or self-employed, must understand the risks, the expectations, and the process to follow after an incident. They need to know what to say, who to call, and how to protect themselves and the business in those critical early minutes.

That system must extend across your operations. Grey fleet drivers must be audited, not just assumed to be compliant. Self-employed drivers should have written agreements that outline safety expectations and confirm minimum standards for insurance, maintenance, and working hours. You need visibility of vehicle condition, licence validity, training records and journey logs.  When an incident occurs, you must have a legal response plan in place. One that works at 2am. One that begins protecting your legal position before the police interview, not after.

This is not a future problem. It's a now problem. And it’s one your regulators, insurers and employees expect you to solve.

The Consequences of a Health and Safety Breach

If a road traffic incident involving one of your drivers leads to a serious injury or fatality, and your systems are found to have failed, your organisation could face prosecution under the Health and Safety at Work etc. Act 1974. This isn’t a theoretical risk, it’s a very real legal exposure that can reach right to the top of your business.

Under Section 33 of the Act, it is a criminal offence to fail to comply with the general duties set out in Sections 2 or 3. If convicted in the Crown Court, both businesses and individuals can face severe penalties.

Financial Penalties

Fines are now unlimited. Sentencing guidelines introduced in 2016 mean that fines are based on the business’s turnover, the degree of culpability, and the risk of harm created by the breach, not just the actual harm caused.

For large companies, this has resulted in fines of:

• £3 million for a single fatality involving systemic failings

• £1.5 million for non-fatal incidents where poor planning created risk

• Six-figure fines even for first offences with low harm but high risk

Director Liability

Where an offence is committed with the consent, connivance, or neglect of a director or senior manager, that individual can also be prosecuted personally under Section 37 of the Act.

This can lead to:

• Personal fines

• Disqualification from acting as a company director (under the Company Directors Disqualification Act 1986)

• In the most serious cases, imprisonment

Even when a custodial sentence is not imposed, the reputational and career damage can be irreparable.

Five Steps Every Fleet Should Take Today

1.        Audit all business drivers including grey fleet and contractors

2.       Create a written post-incident protocol, shared with all drivers

3.       Establish minimum vehicle standards for non-owned vehicles

4.       Review legal access: do drivers have 24/7 representation?

5.       Simulate a serious incident: what would happen in the first 60 minutes?

Be Ready for the Worst, Before It Happens

Driving is a regulated work activity. A collision is a workplace incident. If your systems don’t reflect that reality, your business and your drivers are exposed to consequences far beyond the crash.

At LMP Legal, we work with fleets across the UK to prepare, protect and defend. Our 24/7 response line has supported numerous drivers and businesses, and in over two-thirds of cases, police investigations were dropped after our early intervention. Contact us to discuss how we can support your fleet.