FLEET MANAGEMENT

LEGISLATION
BY
SITI NURUL ADURA BINTI DAUD
US FLEET MANAGEMENT LAWS &
LEGISLATION
 US LAWS ON BUSINESS VEHICLE TRACKING
 US LAWS ON DOMESTIC VEHICLE TRACKING
 PUNISHMENT FOR ILLEGAL USE OF A TRACKING SYSTEM
 ADDITIONAL FLEET MANAGEMENT LAW COMPLIANCE
OBLIGATIONS
 LEGISLATION COMPLIANCE TROUGH FLEET MANAGEMENT
SOLUTIONS
 STATE LEGISLATION FOR EMPLOYEE RIGHTS
 US LAWS ON BUSINESS
VEHICLE TRACKING
 Majority of states allow employers to track the location of
company vehicles during working hours.
 Company must own each of the vehicles that are to be tracked.
 The employee must be made aware of that the vehicle is fitted
with a tracking device.
 Widespread practice in the transportation industry (the location
of vehicles is paramount to the operations of the business.
 US LAWS ON DOMESTIC
VEHICLE TRACKING
 It is legal for an adult to install a tracking device on a vehicle that they
own.
 If owner lends their car to another person, their teenage child for
example, and tracks their movements in the car.
 This act is not illegal though many may question the morality of following
someone without their knowledge, even if it is a family member.
 According to the US legal system, it is illegal to track a vehicle that is
owned, or leased, by another person.
 The only exception to this is in law enforcement when the tracking of a
vehicle is used to prevent crime.
 This practice is not legal in every American state.
PUNISHMENT FOR ILLEGAL USE OF A
TRACKING SYSTEM
 It depends on the state.
 In Texas, the crime is classed as Class A
misdemeanor which could land you in a jail for (1)
year.
 In California, a person can be jailed for up (6)
months and fined whereas businesses can also
have their professional licenses taken away from
them.
PUNISHMENT FOR ILLEGAL USE OF A
TRACKING SYSTEM
 Vehicle tracking in US can be both illegal and legal. For tracking to be legal, the
owner of the vehicle must agreed to have the technology installed.
LEGAL
 In business or company - companies must own the vehicles they wish to track
and inform their employees that the they will be watched.
 They can only track the vehicles during working hours, so if an employee takes
the vehicle home at night it is illegal to track them during this time.
ILLEGAL
 Occurs when the owner is unaware of a tracking device in their vehicle.
 Serious offense and carries a jail term in most state.
 The only exception is in law enforcement.
 ADDITIONAL FLEET MANAGEMENT
LAW COMPLIANCE OBLIGATIONS
 Compliance with the US Department of Transportation (US DOT)
legislation CSA 2010 is required of any interstate carrier of
goods who has a US DOT registration number.
 Fleet managers have a legal requirement that all of their
drivers must be able to provide:
 State supplied crash reports.
A list of any violations which may have been detected during
roadside inspections.
 Reports of any violations which have been identified by
State or Federal investigators.
ADDITIONAL FLEET MANAGEMENT
LAW COMPLIANCE OBLIGATIONS
 Additional in CSA regulations :
 All fleet management systems to adopt EOBR (electronic on-board recording).
 All devices must be certified by the FMCSA (Federal Motor Carrier Safety Advisor)
 Have capabilities to file an RODS (record of duty status) with required authorities.
 Electronic logging of drivers in EOBR.
 Drivers:
 Spend 11 hours behind the wheel
 Maximum shift of 14hours (10 hours – breaks)
 Not more than total 70 hours on duty in 8days (rest period 34 hours)
 Drug testing
 LEGISLATION COMPLIANCE TROUGH
FLEET MANAGEMENT SOLUTIONS
 Solutions for Federal, State and industry.
 Offers real time GPS for:
 Record number of hours driven
 Correctly timing and stamping the vehicle’s location with every change in
the driver’s status.
 Logged data can be accessed & monitor via terminal/internet.
 Each time there is an alteration, the data will automatic transmitted to
central server allowing for the close monitoring of is compliance.
 Record all the data simultaneously so that all obligations are met, logged
and fully documented.
 STATE LEGISLATION FOR
EMPLOYEE RIGHTS
 North Carolina - law (NCGS 95-28.2) prohibiting
any employer discrimination based on "lawful
use of lawful products during non-working
hours“
 California Penal Code 637.7 - it is a
misdemeanor to track any person's location
with an electronic device without that person's
consent.
EUROPEAN FLEET MANAGEMENT/LOGISTICS
AND ROAD SAFETY

 Characteristics associated with Fleet Management:

 Vehicle tracking
 GPS/Cellular triangulation platform
 Mechanical diagnostics
 Advanced fleet management systems connected with onboard computers
 Information on distance, fuel, driver behavior
 Driver behavior
 Tracking by system & onboard computers
 Enhance safety on the road
ADVANTAGES OF EFFECTIVE ROAD RISK
STRATEGIES BY FLEET MANAGERS
 Advantages of a responsible road risk strategy include:
 Effective control over costs such as insurance premiums, fuel bills and
repair costs.
 Ability to make informed decisions about purchasing vehicles & training
drivers.
 Less time on paperwork, lowered vehicle repair & maintenance bills.
 Reduced likelihood of an employee being involved in an accident.
 Reduced running costs with employees driving more professionally and
efficiently.
 Drivers less fatigued and healthy
 OBJECTIVES OF FLEET
SAFETY INITIATIVES
Vehicle accident prevention
Accident investigation /analysis and
reporting
Improved safety on the road
Driver education and driver alertness
 EUROPEAN FLEET MANAGEMENT/
LOGISTICS AND SAFETY
 SWEDEN
 Quality management of the transport component of the enterprise whether government or
private.
 Quality assurance of transport aims to ensure that people and goods arrive at right place, right
time and right way.
 A linking of road safety and environmental outcomes.
 FRANCE
 A program to increase the involvement of private companies in road safety.
 Agreements have been drawn up between government, insurance companies, the national
occupational health fund and volunteer companies.
 The programs focus on motivating companies to undertake road safety programs by increasing
the knowledge of the cost of road crashes to the company and by decreasing workers
compensation and vehicle insurance premiums if programs are implemented.
 Concentrated on drink driving because of its large role in both work- and non-work-related
road crashes in France
 EUROPEAN FLEET MANAGEMENT/
LOGISTICS AND SAFETY
 GERMANY
 Traffic Safety Council has promoted the establishment of voluntary safety
circles in which employees from the company vehicle fleet meet together
to discuss critical points and devise solutions under the leadership of an
experienced moderator.
 It also runs a one-day training course in "Safe, Economical and
Environmentally Friendly Driving“.
 UNITED KINGDOM
 driver training programs
 incentive schemes, penalties, accident reviews, driver monitoring
systems and driver feedback procedures.
 FLEET MANAGEMENT AND THE
LAW (UK)
 Who is included?
The Health and Safety at Work Act of 1974 explicitly includes
driving as an ‘at work’ activity.
 The self-employed as well as those in
 employment (i.e. contractors working for the organisation)
 Occasional as well as regular drivers
 Drivers using their own vehicles as well as a vehicle owned
by the employer – the so-called ‘grey’ flee.
 FLEET MANAGEMENT AND THE
LAW (UK)
 Who is included?
 One-off journeys to meetings or training
sessions.
 Driving to conferences, events, or annual
dinners.
 Journeys outside normal working hours - at
weekends etc.
 Casual deliveries or calls made en-route to the
usual place of work