Company vehicle issues

[memgrubb]

Hi,

 

Apologies if this is in the wrong forum.

 

Got a vehicle through work to help me do my job. The vehicle was allocated to another engineer before me so don't know how well it has been looked after etc (nothing fancy it's an Astra Estate).

 

It's an '09 plate and I've had several issues in the last 6 months since it's been allocated to me, including loss of power in lane 3 of a busy motorway and various other warning lamps / smells / smoke. Problems have been highlighted with EGR valve, injectors and recently the airbag light keeps illuminating.

 

In March of this year I asked my company's fleet team for a replacement vehicle and I was told 'wait until June'. I've since approached them for an update and I have been told that there are no vehicles being ordered to replace the older ones such as mine and I will be keeping this vehicle until further notice.

 

I am permitted the use of the vehicle for personal use, but looking at my mileage records I do way more business miles than personal miles and travel long distances for my job. I don't feel comfortable using the vehicle for extended journeys and have informed my company's HR team about this, I have asked for a car allowance so I can choose and maintain my own vehicle and I am currently waiting for a response.

 

If HR come back to me and they can't / won't help, is there anything else I can do?

 

Thanks in advance.

[sailor sam]

You as the driver are ultimately responsible for the vehicle as far as the RTA is concerned while you are driving it on the road. If it were the case that you had reason to believe that you would commit an offence by driving it, then you could refuse to do so. Outside of that, I'm not sure that there is anything else you can do.

 

Obviously if it is just the case of the vehicle being unreliable and it breaks down, then it would be your employer's responsibility to get it repaired.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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[citizenkain]

long as they are paying you while its broke down,thats ok

[chiefengineer]

Companies these days can be held accountable for such things as defective vehicles. If, for example, you were involved in an accident and the cause was a vehicle defect it would not look good for them.

 

I run my own car which I use for work, and my employer insists on seeing service invoices, mot certificates, etc to ensure I am maintaining my car.

 

Personally I would write to your HR dept and Akers them aware that the car has issues and that you feel uncomfortable driving it. Smoke is a very serious issue, as it could turn into a fire. Has the car been checked by a Vuxhalll Dealer? Perhaps suggest the car is independently assessed for safety?

 

Jeremy

[memgrubb]

Companies these days can be held accountable for such things as defective vehicles. If, for example, you were involved in an accident and the cause was a vehicle defect it would not look good for them.

 

I run my own car which I use for work, and my employer insists on seeing service invoices, mot certificates, etc to ensure I am maintaining my car.

 

Personally I would write to your HR dept and Akers them aware that the car has issues and that you feel uncomfortable driving it. Smoke is a very serious issue, as it could turn into a fire. Has the car been checked by a Vuxhalll Dealer? Perhaps suggest the car is independently assessed for safety?

 

Jeremy

 

Cheers, HR have basically said that they are reviewing the fleet at the moment as the company is being 'restructured'.

 

Been told in no uncertain terms that I have to keep the vehicle for the foreseeable future. I've told them I feel uncomfortable driving it TNA. Vehicle can't/won't be taken to a Vauxhall dealer as it is over 3yrs old now (don't ask me what that has got to do with it).

[memgrubb]

long as they are paying you while its broke down,thats ok

 

I guess that's what I will have to take from this situation.

[citizenkain]

over three year old,its outside warranty,they would have to pay to get it fixed,

[chiefengineer]

Cheers, HR have basically said that they are reviewing the fleet at the moment as the company is being 'restructured'.

 

Been told in no uncertain terms that I have to keep the vehicle for the foreseeable future. I've told them I feel uncomfortable driving it TNA. Vehicle can't/won't be taken to a Vauxhall dealer as it is over 3yrs old now (don't ask me what that has got to do with it).

 

I think the key here is although you seem to be stuck with the car, make sure you advise your employer in writing (for traceability) about any issues and your concern over the safety of the car. As has already been sad, if it breaks down on there time who cares. Although a responsibility for vehicle defects rests with the driver, at least if anything bad happens you will have some proof that you've advised the vehicle owners of the issues.

 

Jeremy

[*Thumper]

Do the company, own it, or lease it ????

[memgrubb]

over three year old,its outside warranty,they would have to pay to get it fixed,

 

Yes, but you can still take it to a Vauxhall dealer.

 

I think the key here is although you seem to be stuck with the car, make sure you advise your employer in writing (for traceability) about any issues and your concern over the safety of the car. As has already been sad, if it breaks down on there time who cares. Although a responsibility for vehicle defects rests with the driver, at least if anything bad happens you will have some proof that you've advised the vehicle owners of the issues.

 

Jeremy

 

I have sent them a lengthy email and clearly state that I do not feel comfortable using the vehicle.

 

Do the company, own it, or lease it ????

 

The vehicle is provided through a 3rd party company who either own it, or lease if from another company AFAIK.

Edited May 9, 2013 by memgrubb
typo

[Andrew-P]

I occasionally get involved infleet procurement and there are a few things here that do not sound quite rightto me.

 

If the car is leased, whichis the normal way for company cars, then it is rare for terms to be extended asif you want a four or five year term then you do that at the beginning and itwould likely be cheaper to get a new car on a five year term (on Astra sizedand smaller cars there are some very good deals due to excess capacity and thecollapse of sales in Southern Europe).

 

What may have happened is thatthe car has been bought from the leasing company - something rare as it is often more hassle than it’s worth.

 

If I was inyour position I would get the car checked over to validate it is safe- if it is not then you can refuse to drive it until it is made safe (Health& Safety at Work Act 1974, Management of Health & Safety at WorkRegulations 1999 and / or Workplace (Health, Safety and Welfare) Regulations1992 may be applicable). However, it might just be tired rather than dangerous.

 

With regard to opting for a carallowance - be careful – if you are doing large mileages the repairs andmaintenance could be high and they would be down to you. I use my own car for business but if I amgoing to do a lot of miles in a short time I just rent something on the dailyrental market as it saves me money. Also high mileage cars depreciate at an alarming rate.

 

A final idea is to discuss withfleet management if there is anything else available that is unallocated, i.e.still on lease but not with anyone because they have left of whatever, as thiswould let you get rid of a car you have no confidence in and be cost neutral tothe company. Have a word with the fleet manager.

[Andrew-P]

I occasionally get involved in fleet procurement and there are a fewthings here that do not sound quite right to me.

 

 

If the car is leased, which is the normal way for company cars,then it is rare for terms to be extended as if you want a four or five yearterm then you do that at the beginning and it would likely be cheaper to get anew car on a five year term (on Astra sized and smaller cars there are somevery good deals due to excess capacity and the collapse of sales in SouthernEurope).

 

 

 

What may have happened is that the car has been bought fromthe leasing company - something rare as it is often more hassle than it’sworth.

 

 

 

If I was in your position I would get the car checkedover to validate it is safe - if it is not then you can refuse to drive ituntil it is made safe (Health & Safety at Work Act 1974, Management ofHealth & Safety at Work Regulations 1999 and / or Workplace (Health, Safetyand Welfare) Regulations 1992 may be applicable). However, it might justbe tired rather than dangerous.

 

 

 

With regard to opting for a car allowance - be careful – if you aredoing large mileages the repairs and maintenance could be high and they would be down to you. I use my own car forbusiness but if I am going to do a lot of miles in a short time I just rent something on the daily rental market as it saves me money.

 

 

A final idea is to discuss with fleet management if there is anythingelse available that is unallocated, i.e. still on lease but not with anyone becausethey have left of whatever, as this would let you get rid of a car you have noconfidence in and be cost neutral to the company. Have another word with the fleet manager.

[Andrew-P]

I occasionally get involved in fleet procurement and there are a fewthings here that do not sound quite right to me.

If the car is leased, which is the normal way for company cars,then it is rare for terms to be extended as if you want a four or five yearterm then you do that at the beginning and it would likely be cheaper to get anew car on a five year term (on Astra sized and smaller cars there are somevery good deals due to excess capacity and the collapse of sales in SouthernEurope).

What may have happened is that the car has been bought fromthe leasing company - something rare as it is often more hassle than it’sworth.

If I was in your position I would get the car checkedover to validate it is safe - if it is not then you can refuse to drive ituntil it is made safe (Health & Safety at Work Act 1974, Management ofHealth & Safety at Work Regulations 1999 and / or Workplace (Health, Safetyand Welfare) Regulations 1992 may be applicable). However, it might justbe tired rather than dangerous.

With regard to opting for a car allowance - be careful – if you aredoing large mileages the repairs and maintenance could be high and they would be down to you. I use my own car forbusiness but if I am going to do a lot of miles in a short time I just rent something on the daily rental market as it saves me money.

A final idea is to discuss with fleet management if there is anythingelse available that is unallocated, i.e. still on lease but not with anyone becausethey have left of whatever, as this would let you get rid of a car you have noconfidence in and be cost neutral to the company. Have another word with the fleet manager.

[memgrubb]

I occasionally get involved infleet procurement and there are a few things here that do not sound quite rightto me.

 

If the car is leased, whichis the normal way for company cars, then it is rare for terms to be extended asif you want a four or five year term then you do that at the beginning and itwould likely be cheaper to get a new car on a five year term (on Astra sizedand smaller cars there are some very good deals due to excess capacity and thecollapse of sales in Southern Europe).

 

What may have happened is thatthe car has been bought from the leasing company - something rare as it is often more hassle than it’s worth.

 

If I was inyour position I would get the car checked over to validate it is safe- if it is not then you can refuse to drive it until it is made safe (Health& Safety at Work Act 1974, Management of Health & Safety at WorkRegulations 1999 and / or Workplace (Health, Safety and Welfare) Regulations1992 may be applicable). However, it might just be tired rather than dangerous.

 

With regard to opting for a carallowance - be careful – if you are doing large mileages the repairs andmaintenance could be high and they would be down to you. I use my own car for business but if I amgoing to do a lot of miles in a short time I just rent something on the dailyrental market as it saves me money. Also high mileage cars depreciate at an alarming rate.

 

A final idea is to discuss withfleet management if there is anything else available that is unallocated, i.e.still on lease but not with anyone because they have left of whatever, as thiswould let you get rid of a car you have no confidence in and be cost neutral tothe company. Have a word with the fleet manager.

 

Thanks. It is due for an MOT before the end of next month so I am going to see how it goes.

 

I think the car is more 'tired' like you say - I do do lots of miles in a short space of time.

 

I have spoken to the fleet manager and my own manager and they have both told me to wait as there are things going on behind the scenes. Other members of staff doing the same role as myself are being given branded vans to replace their cars, but due to the nature of the contract I work on, a branded van would most likely not be suitable. I think this is what they are getting at.

 

I will post back after the MOT with an update.

[Andrew-P]

Sounds like a new fleet lease company is around the corner to me.

 

If the new deal is just round the corner you would try not to issue anything new just before it comes into force.