Driving company vehicles for own use.
Driving company vehicles for own use.
Author
Discussion

Tafia

Original Poster:

2,658 posts

277 months

Friday 1st April 2011
quotequote all
Hi folks,

Am I correct in thinking that if a chap drives his gas company works lorry to his own fields and uses it to carry away horse manure, then he is quite likely to be driving whilst uninsured as he is off route and not on company business. There is no mains gas within 3 miles.

He comes down our narrow lane every morning and evening in his works truck. He has also been seen to leave it on a local pub car park, sometimes with a mini digger on a trailer behind, whilst he goes off shopping with his bride.

I recall a chap where I worked being told he could be sacked for theft when he went off route and was not on company business. When he asked how that was theft, he was told he was stealing fuel!

Locals are unhappy with this chaps actions as there are kids playing in the lane, which is a dead end with little traffic and then this large lorry with a HIAB comes trundling past them.

So, am I correct in thinking it is unlikely that the gas company know about this or would allow it to occur. Insured or not?

Cheers

T

Raverbaby

896 posts

215 months

Friday 1st April 2011
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When we drive our vans for personal use we're only insured 3rd party apparently.

Jazoli

9,649 posts

279 months

Friday 1st April 2011
quotequote all
It all depends on whether the van is insured for personal use, mine is a company van and is insured for personal use at other times, however the taxman must be informed if I do use it as I would have to pay more tax.

MonkeyHanger

9,267 posts

271 months

Friday 1st April 2011
quotequote all
I doubt very much a truck with a HIAB on the back would be insured for personal use.

Eric Mc

125,609 posts

294 months

Friday 1st April 2011
quotequote all
He is also liable to pay Income Tax on the private useage element under the PAYE Benefit in Kind system. He is allowed "incidental" private useage without being taxed but using it regularly is not considered "incidental".

MrV

2,748 posts

257 months

Friday 1st April 2011
quotequote all
Just to add to the tax issue its 3.5 k a year so dobbing him in to the tax office is always a line to take if he annoys you that much

sinizter

3,348 posts

215 months

Friday 1st April 2011
quotequote all
Right .... Apparently the primary reason he must be reported for is to protect the children.

Maybe teach them to get the fk out of the way of traffic on a road, dead end or not.

I assume that these children will not grow up to become teenagers wander mindlessly into flowing traffic, with their ipod earphones stuck so far into their ear, that it's practically coming out of their nose.

By all means, report him if you think he is breaking the law, but not because there are children playing on a road.

Deva Link

26,934 posts

274 months

Friday 1st April 2011
quotequote all
Where's he moving the horse muck to? Waste transfer licence might be an issue.

I'm dubious insurance would be an issue - company vehicles are used for all sorts of purposes. However he's probably committing gross misconduct.

scumspawn

35 posts

192 months

Friday 1st April 2011
quotequote all
he may well be covered for personal use it's down to the company, I've had 18 tonners as my only motor before (going on holiday could be fun with taco hours mind)..I suspect your issue is with him driving like a tosser and has an attitude issue when mentioned in which case report him to whoever is advertised on his truck. if its his own company then a full hmrc investigation should do...actually do both

Arnold The Bat

2,440 posts

230 months

Friday 1st April 2011
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When I went from having a company car to a 4x4 van I chose to opt out of having it for private use and so my employer went to great pains to inform me that I was not allowed to use it privately. Apparently if HMRC found out then my employer would have been liable for the tax I should have been paying. They even went as far as making me sign a disclaimer that if this happened I would have to pay the company back.

Apparently under HMRC rules I am allowed a couple of trips a year to the tip and that's it, I'm not even supposed to pop to the supermarket on my way home. My employer made no mention of insurance issues or anything like that and it seemed that their only concern was getting screwed over by HMRC.

Tafia

Original Poster:

2,658 posts

277 months

Saturday 2nd April 2011
quotequote all
Thanks folks, I hadn't thought of the tax issue.

As has been said, a big truck with a HIAB which sometimes has a mini-digger on a trialer behind is unlikely to have a personal use permission.

I was told by an electricty board driver that they were not required to complete a log book as the vehicles were classed as emergency vehicles.

Would that apply to a gas company vehicle? Would it be fitted with a tachograph? Is it still possible to fiddle the tacho.

How would he explain the vehicle parked on a pub park for two hours until 19:00, then starting up again before being taken back to its overnight parking place, which is a yard owned by a local haulier, not a gas company depot

The guy next door with the kids is a cop in the serious crime unit and as I said, he is very unhappy with this truck being in the lane but as far as I know he has not said anything yet.

Hooli

32,278 posts

229 months

Saturday 2nd April 2011
quotequote all
I used to work for BT & although my van was parked outside my door everynight I was told by the boss when I started I wasn't insured for any personal use. So I'd say it's totally up to the company if it's allowed or not.

Nickyboy

6,824 posts

263 months

Saturday 2nd April 2011
quotequote all
As said it down to the company in question and they are unlikely to give you any information with regards their policy, most contractors do take their vehicles home as they are on call 24/7 i know of plenty who use their vehicles at the weekends etc, again it will be up to the company in question.

As for not wanting the truck to be using the lane, well sorry but that's tough luck unless there is a restriction in place, its a public road and any vehicle can use it regardless of size. Don't want the kids in danger? Make them play in the garden.

sinizter

3,348 posts

215 months

Saturday 2nd April 2011
quotequote all
Tafia said:
The guy next door with the kids is a cop in the serious crime unit and as I said, he is very unhappy with this truck being in the lane but as far as I know he has not said anything yet.
That makes it all better.

elanfan

5,527 posts

256 months

Sunday 3rd April 2011
quotequote all
As for the insurance issue - as far as I am aware the starting point for all motor insurance is social domestic and pleasure use and business use is then added to that. It is accepted by insurers that almost all vehicles require S<D & P because there are times when this use happens almost naturally i.e. when at lunchtime you divert for a sandwich, at the end of the day when commuting home is SD&P. I seriously doubt there is any issue over insurance.

For this guy to be using such a large vehicle it is implied that the 'Gas' company is a large or national one - your best bet is to ring the fleet manager of the company to report its use (misuse) - I doubt they will be very happy as if this is a liveried vehicle it will not reflect very well on them. I doubt it smells very nice either maybe even a dreaded H&S issue for operators with bacteria etc from the horsest

Tafia

Original Poster:

2,658 posts

277 months

Sunday 3rd April 2011
quotequote all
Thanks to all for your thoughts.

Cheers

T