Legal requirements and necessities
in fleet management
As managing director/fleet manager, you are personally liable/punishable if employees drive a company vehicle without a driver’s license (no driver’s permit) or if the vehicle does not comply with the specifications.
Webinar with dr.brenner
Legal pitfalls for fleet managers
Register here for the free webinar Legal pitfalls for fleet managers/managing directors with DR. Martin Brenner.
Participation is free and anonymous – simply register via the button and become part of an exciting and informative session!
Imagine that a mistake in your fleet could mean your personal liability. Do you know how you can protect yourself against such risks?
Dr. Brenner will discuss the essential rights and obligations for fleet managers/managing directors and answer your specific questions.
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Questions and answers
Obligation to check driving licenses
in Austria and Germany
The legal situation regarding driving license checks in companies differs in Germany and Austria.
- In Austria, the following applies: The managing director/board member is personally liable and will be personally punished if, as a representative of the company, he fails to do everything reasonable and possible to prevent the direct perpetrator from committing an administrative offense (Section 9 (1) VStG). This personal liability can be delegated to the fleet manager.
- In Germany, similar, stricter rules apply by law, which make regular driving license checks by the employer mandatory.
For liability reasons, companies may NOT dispense with regular driver’s license checks.
- This is because the personal liability of some managing directors or fleet managers can result in high costs, expensive liability risks and personal penalties for the fleet manager or managing director.
- A mere reference in the fleet policy, in the employment contract or the issuance of an instruction that employees must independently report the loss of a driver's license is NOT sufficient.
Requirements
for the control system
- The driver's license control system must be traceable and also function in the absence of the fleet manager.
- Random checks or instructions or mere training are generally NOT sufficient.
- The implementation of the controls must be verifiable.
The legal information compiled is for information purposes only and does not constitute binding legal advice (no guarantee of completeness, up-to-dateness or accuracy). Seek advice from your legal advisor! Our software offers a digital control system that is as transparent as possible; the auditing body/authority decides on legal recognition in individual cases.
