The Corporate Manslaughter Legislation will not just be an issue for the business users, it may also work its way up the chain to the leasing companies who provide the vehicles and ensure they are maintained. I can see that under certain circumstances the Police or HSE may feel that there is good reason to carry out an investigation into the systems and procedures at the company which provided the vehicles to the company whose employee has been involved in a fatal collision.
In my opinion the most obvious example of how a leasing company could find itself under the microscope is in the area of vehicle maintenance. I can see that if a leasing company is supplying a vehicle with maintenance and that vehicle is involved in a collision, which mechanical issues are contributory factors then if the leasing company were aware of the current mileage of the vehicle and had not shown due diligence in ensuring that the driver and/or business had got the vehicle in for a service or repair, I can see that a prosecutor might fancy their chances at bringing a large Leasing Company to trial.
Another area of concern would be the vehicle handover procedure, some modern cars have equipment on them that may be complicated or difficult to understand. If the driver were to have a collision caused by a piece of technology that should have been explained to him at handover, then the leasing company had better have a document that proves the technology was explained to the driver and that the driver clearly understood that technology when the vehicle was delivered.
If you or your leasing company are unsure of whether you have all your Corporate Manslaughter Legislation issues covered and proven, then you might want to give our team of professionals at Fleet Risk Consultants a call without delay.