Vehicle Policy Version 5

TABLE OF CONTENTS

PART A – GENERAL 

1. DEFINITIONS

2. OBJECTIVES

3. SCOPE 

6. PETROL CARDS 

7. TRAFFIC FINES

8. MAINTENANCE, CLEANLINESS AND REPAIRS OF VEHICLES

10. GENERAL

PART B: COMPANY-OWNED VEHICLES

11. KEY PRINCIPLES

12. USE OF A COMPANY VEHICLE

13. DRIVER EVALUATION 

14. PRIVATE USE OF COMPANY VEHICLE 

15. INCIDENTS AND/OR ACCIDENTS

16. AUTHORISATIONS 

17. REPLACEMENT OF COMPANY VEHICLE

18. DRIVER AND VEHICLE INFORMATION CHANGE PROCEDURE

1. DEFINITIONS

The following defined terms shall have the following meanings unless the context clearly indicates otherwise:

1.1. “Authorised Driver(s)” means an employee of the Company who has been authorised in writing by the Fleet Manager to make use of and operate a Company Vehicle;

1.2. “Company” means Main Street 1723 (Pty) Ltd and/or any other company which is “related” to Main Street 1723 (Pty) Ltd, as defined terms of the Companies Act, 71 of 2008;

1.3. “Company Vehicle” means a vehicle owned or rented by the Company;

1.4. “Fleet Manager” means a designated official within the employ of the Company who is responsible for the administration, allocation, monitoring and control of Company Vehicles;

1.5. “Policy” means this Vehicle Policy, including all annexures and related documents; and

1.6. “Private Vehicle Driver(s)” means an employee of the Company who is required (which requirement must be expressly confirmed in writing by the Company) to make use of and operate a privately-owned vehicle in the course and scope of his/her employment with the Company. For the avoidance of doubt, an employee who is merely required to drive to and from the Company’s offices or an employee who has not received written confirmation from the Company that he/she is a Private Vehicle Driver, is not considered a Private Vehicle Driver for purposes of this Policy.

2. OBJECTIVES

The objective of this Policy is to regulate, control and monitor the use of Company Vehicles and to ensure that the Authorised Drivers and Private Vehicle Drivers comply with applicable laws and the operational requirements of this Policy.

3. SCOPE

3.1. Unless the context of a specific provision contained in this Policy indicates to the contrary, Part A of this Policy shall apply to all:

3.1.1. Authorised Drivers; and

3.1.2. Private Vehicle Drivers.

3.2. Part B of this Policy shall apply to all Authorised Drivers only.

4. LICENSING AND COMPANY RESPONSIBILITIES

4.1. The Company’s management shall ensure that all employees who drive vehicles as an inherent requirement of their jobs, submit a valid photocopy of their driver’s licence to the relevant personnel of the Company for filing and record purposes.

4.2. The Company shall ensure that Company Vehicles are:

4.2.1. properly licensed at all times;

4.2.2. insured by a licenced insurance provider (and the Company shall be responsible for paying the insurance premiums applicable thereto); and

4.2.3. serviced and in good condition at all times.

4.3. The Company shall not be responsible for the carrying out of the licensing, insuring and/or servicing of Private Vehicle Drivers’ vehicles and shall not be held liable for any costs, claims, expenses or damages incurred by the Private Vehicle Driver associated with carrying out of such responsibility (or failure thereof).

5. COSTS TO COMPANY

5.1. Subject to any contrary provisions contained in this Policy, the Company shall be liable for the following expenses for a Company Vehicle and the vehicle utilised by the Private Vehicle Driver, provided that any such expense is incurred by the Authorised Driver or the Private Vehicle Driver in the course and scope of his/her employment with the Company:

5.1.1. Fuel and oil expenses up to the maximum allowance granted by the Company for the relevant Authorised Driver or the Private Vehicle Driver. To the extent that the allowance does not cover an Authorised Driver or a Private Vehicle’s reasonable fuel and oil expenses, the Company shall consider covering the additional expenses if it is proven to the Company that for a full calendar month, the allowance was insufficient to cover such expenses on an average basis;

5.1.2. the costs of branding the vehicle, where the Company requires the employee to do so (it is recorded that the Company may require the Authorised Driver or the Private Vehicle Driver to brand the vehicle in accordance with the Company’s written instructions and the Authorised Driver or the Private Vehicle Driver is required to adhere to such instructions);

5.1.3. E-toll (if applicable); and

5.1.4. the costs of any improvements made to the vehicle on the written instruction of the Company (for example, the Company may require a Private Vehicle Driver to install central locking to protect the Company’s property that may be stored in the vehicle).

5.2. Subject to any contrary provisions contained in this Policy, the Company shall be liable for the following expenses for Company Vehicles:

5.2.1. repairs of the Company Vehicle, if not caused due to the Authorised Driver’s malicious, intentional or gross negligent actions.

5.3. The Company shall be liable for the following expenses in respect of Company Vehicles only:

5.3.1. maintenance of the vehicle, including the provision of new tyres;

5.3.2. monthly car wash; and

5.3.3. vehicle insurance.

5.4. The Authorised Driver or the Private Vehicle Driver (where applicable) shall be entitled to claim such expenses from the Company by completing the relevant “expense claim” form.

5.5. Where the Authorised Driver or the Private Vehicle Driver (as the case may be) is provided with cash for payment for any of the above, the Authorised Driver or the Private Vehicle Driver must keep a record of receipts received for all purchases and payments.

6. PETROL CARDS

6.1. Should the Authorised Driver or Private Vehicle Driver be provided with a petrol card, at the Company’s sole discretion, the Authorised Driver or Private Vehicle Driver shall only use such petrol card for the Company Vehicle that is allocated to him/her and not for any other vehicle, without the written consent of the Company.

6.2. The Authorised Driver or Private Vehicle Driver shall furthermore be required to ensure the safekeeping of such petrol card and adhere to such instructions given by the Company as to which petrol stations the fuel must be purchased at, if any. The Authorised Driver or Private Vehicle Driver shall under no circumstances leave the petrol card in the vehicle. The petrol card should, at all reasonable times, be in the possession of the Authorised Driver or Private Vehicle Driver.

6.3. Damaged, lost or stolen petrol cards are to be immediately reported to the Fleet Manager. If a petrol card is found after being reported lost or stolen, DO NOT USE IT as it is a hot card and usage thereof is seen as fraud which will be investigated. The Authorised Driver or Private Vehicle Driver will be required to make alternative arrangements for fuel while the Company replaces the lost petrol card. If the Authorised Driver or Private Vehicle Driver loses the petrol card, the cost to replace the petrol card will be borne by such Authorised Driver or Private Vehicle Driver by deducting the expense from the Authorised Driver or Private Vehicle Driver’s salary. Misuse of the petrol card may result in disciplinary and/or legal action being taken against the employee.

6.4. The Authorised Driver or Private Vehicle Driver shall plan all trips beforehand so as to eliminate wasteful mileage. Fuel consumption must be regularly checked and reported to the Fleet Manager if excessive.

6.5. Any action on contravention of the petrol card rules may lead to a disciplinary hearing and it shall be in the Company’s discretion to exercise any rights available to it in this regard.

7. TRAFFIC FINES

7.1. All traffic fines incurred by Authorised Drivers will be redirected into the relevant employee's details, where necessary. This is to enable the employee and Company to adhere to the new “Point Demerit System” regulation process, which is coming into effect.

7.2. The relevant driver/technician will be responsible to make payment of any traffic fines, infringement notices, summonses, warrants, etc. incurred by him/her, irrespective of whether such fine was incurred in the course and scope of his/her employment.

7.3. The Company shall not be responsible for any infringement notices, fines, summonses, warrants, traffic fines, etc. issued in respect of a Company Vehicle or a privately-owned vehicle (including the use thereof).

7.4. The employee shall submit all notices, fines, summonses, warrants etc. to the Company and any required payment to the Company as soon as possible before the due date for such payment. In its discretion, the Company may pay the fine to the traffic department on the employee’s behalf and deduct the relevant amount from the employee’s salary.

7.5. The employee will be required to consent to deductions from his/her salary regarding any of the above liability, as well as the liability contemplated below, by signing the “Use of the Company Vehicle Agreement”. Any such deductions shall remain compliant with the laws of South Africa, specifically Section 34 of the Basic Conditions of Employment Act No. 75 of 1997, as amended from time to time.

7.6. The employee expressly consents to the Company rerouting to the employee any infringement notification fines, summonses, warrants, traffic fines, etc. in terms of any

relevant Road Traffic Legislation, for any offence allegedly committed during the time in which the relevant vehicle is in or was deemed to be in the control of the employee. For the avoidance of doubt, it is the driver’s responsibility to:

7.6.1. ensure any vehicle used is in a roadworthy condition; and

7.6.2. abide by all applicable laws and road signs while operating the vehicle.

7.7. An Authorised Driver shall report any condition, which may render a Company Vehicle unfit for the purpose of driving, to the Fleet Manager.

8. MAINTENANCE, CLEANLINESS AND REPAIRS OF VEHICLES

8.1. The Authorised Drivers (and Private Vehicle Drivers whilst using their vehicles in the course and scope of their employment with the Company) are responsible for ensuring that the vehicles are kept clean, properly maintained and are always in a good and roadworthy condition.

8.2. The Authorised Drivers shall not smoke whilst occupying and/or operating a Company Vehicle and shall ensure that all occupants of the Company Vehicle adhere hereto.

8.3. The Authorised Drivers shall notify the Company of any malfunction, fault, error, or damage to the vehicle, as soon as reasonably possible after it has come to the attention of the Authorised Driver, and the Authorised Driver shall cease to operate the vehicle as soon as possible until instructed otherwise by the Company.

8.4. All services and repairs of Company Vehicles shall be scheduled/organised and authorised by the Company’s management. All services and repairs of privately-owned vehicles shall be scheduled by the Private Vehicle Driver in consultation with the Company’s management.

8.5. The Authorised Driver shall not repair the Company Vehicle at his/her own accord or take the vehicle to a backyard or non-approved panel beater, no matter how seemingly inconsequential the damage, malfunction or error is. All damage, malfunction, fault or error to the vehicle must be reported to the Company, even if there is no visible damage to the vehicle. The Authorised Drivers shall not wait until there is further damage to the vehicle before advising the Company thereof.

8.6. The Authorised Drivers shall be required to complete a weekly inspection on Company Vehicles and complete a “Vehicle Inspection Report”, as amended from time to time, and submit this report to the Fleet Manager.

8.7. Random inspections of the interior and exterior of Company Vehicles may be conducted by the Company at any time and the Authorised Drivers of such Company Vehicles shall be required to co-operate with the Company in this regard and allow the Company immediate access to the Company Vehicle upon request.

8.8. All Company Vehicles and privately-owned vehicles are (or are to be, in the case of privately-owned vehicles) equipped with the following tools:

8.8.1.1. jack;

8.8.1.2. wheel spanner;

8.8.1.3. spare tyre; and

8.8.1.4. triangle.

8.9. These tools must always be in working order and it is up to the Authorised Driver to report faulty equipment to the Company within 24 hours of becoming aware of same.

8.10. As soon as reasonably possible after a puncture or flat-tyre has come to the Authorised Driver’s attention, the Authorised Driver shall see to and repair such puncture or flat-tyre at a Supa-Quick outlet, or any other reputable outlet approved by the Company in writing. Any costs associated with such repair shall be borne by the Company and the Authorised Driver shall be entitled to claim back such costs from the Company in accordance with the Company’s expense claim procedure. All such claims must be supported by a valid proof of payment or receipt.

8.11. Should an Authorised Driver’s employment with the Company be terminated for any reason, the Company Vehicle must be thoroughly inspected before the Authorised Driver leaves the employ of the Company. In the event that a Company Vehicle is damaged (with the exception of fair wear and tear), a quote is to be obtained by the Company for the repairs and the Authorised Driver will be held responsible for all such charges. Furthermore, the Company Vehicle must be returned with the interior and exterior being in a clean condition.

8.12. Windscreen chips on Company Vehicles are required to be repaired before the cracks spread, resulting in the whole windscreen having to be replaced as this shall be an unnecessary cost to the Company. All windscreen repairs on Company Vehicles must be authorised by the Fleet Manager.

8.13. The Authorised Driver shall not make any alterations, additions or modifications to the trim, factory specification or performance of the Company Vehicle without the Company’s prior written consent. Any part or accessory provided or added to the Company Vehicles at any time is deemed to be part of the Company Vehicle and the Company’s property. The Authorised Driver shall be held liable for any damages, expenses or costs associated with the removal, including the repairs associated with the alteration, addition or modification of the Company Vehicle.

9. EMPLOYEE LIABILITY

9.1. If the employee is involved in an accident and/or incident, the Company may hold a vehicle accident/incident enquiry, whereby the liability of the Authorised Driver or Private Vehicle Driver (as the case may be), for loss suffered by the Company due to the accident/incident, shall be determined, taking into consideration the outcome of any police report and insurance claim. The procedure to be followed in this regard shall comply with applicable laws.

9.2. The employee may be held liable for any damages, loss or expense suffered by the Company, if the employee:

9.2.1. acted maliciously, intentionally or grossly negligent, or permitted a third party to act so, in relation to the vehicle;

9.2.2. drove under the influence of alcohol or other intoxicating substance, or permitted a third party to do so;

9.2.3. failed to timeously report an accident/incident, as may be required in terms of this Policy;

9.2.4. made a false statement regarding an accident/incident;

9.2.5. effected a repair to a Company Vehicle, without the consent of the Company, as required in terms of this Policy;

9.2.6. refused to co-operate in the pursuit of a claim against a third-party; and

9.2.7. admitted liability for loss suffered due to an accident/incident caused by a third-party during the course and scope of the employee’s employment, without the prior written consent of the Company.

9.3. The responsibilities as set out in this Policy have been established by the Company and must be observed by the employees for the protection of the Company and the employee. The Company is required to ensure that the Company Vehicles are at all times insured. However, an Authorised Driver may be held liable for any damages, loss or expense suffered by the Company, which are not covered by the insurance policy, or which are repudiated by the insurance company, as a direct or indirect result of the Authorised Driver not adhering to his/her responsibilities, as set out in this Policy.

9.4. The implementation of any of the above measures does not preclude the Company from taking additional disciplinary actions against an employee, in terms of the Company’s disciplinary code.

10. GENERAL

10.1. The board of directors of the Company shall be entitled to amend this Policy, applicable procedures and regulations at its sole discretion and without notice to the employees, Private Vehicle Drivers and/or Authorised Drivers.

10.2. The Company shall save the latest version of the Policy in a shared drive, where it shall be easily accessible to all employees.

10.3. It is the responsibility of each employee to regularly check whether the Policy has been updated and/or amended and to continuously familiarise himself/herself with the content of the Policy.

10.4. No relaxation or indulgence granted to any employee with regard to any of the terms and conditions hereof shall be deemed to be a waiver of any of the Company’s rights nor is such relaxation or indulgence deemed to be a novation of the terms and conditions of this Policy.

PART B: COMPANY-OWNED VEHICLES

11. KEY PRINCIPLES

11.1. The use of Company Vehicles shall be subject to the Authorised Driver’s adherence to the terms and conditions as contained in this Policy. The use of a Company Vehicle may be withdrawn or suspended if an Authorised Driver abuses the privilege in any way or fails to comply with the terms and conditions of this Policy.

11.2. A Company Vehicle shall only be operated by an employee upon being granted approval and declared an Authorised Driver by the Fleet Manager.

11.3. Employees and/or Authorised Drivers who violate any term or condition as contained in this Policy may be subjected to disciplinary actions, which may, depending on the severity of the violation, include suspension or withdrawal as an Authorised Driver of a Company Vehicle, verbal or written warnings, suspension, termination of employment and/or appropriate legal action in accordance with the laws of South Africa.

11.4. Ownership of the Company Vehicles, including any part or accessory thereto, shall at all times remain vested in the Company.

12. USE OF A COMPANY VEHICLE

The following conditions are applicable to the use of a Company Vehicle:

12.1. Driver’s Licence

12.1.1. An Authorised Driver must be in possession of a valid driver’s license (code 8). Without a valid driver’s license (or temporary driver’s licence), the Authorised Driver is not allowed to drive or operate the Company Vehicle under any condition.

12.1.2. In the event that the Authorised Driver’s license is lost or stolen, the Authorised Driver shall immediately obtain a valid temporary driver’s license and forward a copy of this temporary license to the Fleet Manager. Renewals of licenses must be attended to prior to their expiry date.

12.1.3. Should an Authorised Driver’s licence expire, be endorsed or be disqualified for whatever reason during the Authorised Driver’s employment with the Company, the Authorised Driver shall immediately notify the Company thereof and make arrangements for the Company Vehicle to be returned to the Company’s business premises. Should an employee operate the Company Vehicle with an invalid driver’s licence, the Company shall conduct immediate disciplinary hearings

against such employee, which may result in the immediate dismissal of the employee.

12.2. Operating the Company Vehicle

12.2.1. The Authorised Driver shall be responsible for driving the Company Vehicle in a safe and professional manner.

12.2.2. The Authorised Driver shall not:

12.2.2.1. operate the Company Vehicle while under the influence of alcohol, drugs, including prescription drugs with the potential to impair the Authorised Driver’s driving ability, and/or any intoxicating substance;

12.2.2.2. use a cellular device whilst operating the Company Vehicle. The Authorised Driver shall use a hands-free kit should they be necessitated to use their cellular device whilst operating the vehicle;

12.2.2.3. transport any goods in the Company Vehicle, which have not been authorised by the Company, and is strictly prohibited from transporting any flammable items, firearms or other hazardous materials in the Company Vehicle; or

12.2.2.4. be entitled to drive the Company Vehicle outside the borders of the Republic of South Africa, without the prior written consent of the Company.

12.2.3. All Company Vehicles are fitted with a satellite tracking system (Geotab) and disciplinary action shall be taken should it be found that any type of tampering or alteration has occurred on the satellite tracking system.

12.2.4. It shall be viewed as abusive behaviour should the Geotab record that the Authorised Driver regularly exceeds the maximum speed limit whilst driving the Company Vehicle over a specified period, which shall be determined by the Company in its sole discretion on a case-by-case basis and may lead to disciplinary action being taken.

12.2.5. Should the Company Vehicle be a van, then the canopy door must be locked at all times and all faulty/damaged canopies must be reported to the Fleet Manager immediately.

12.2.6. The towing of boats, caravans, motorbikes or any type of trailers is strictly prohibited, unless under extreme circumstances and the Authorised Driver has obtained prior written consent from the Company to do so.

12.3. Authorised Driver’s fitness to Operate the Company Vehicle

Authorised Drivers are responsible for informing the Company of any medical reason which may impose a potential risk or affect their ability to operate a Company Vehicle, including, but not limited to, poor vision, back ailments or medication impairing driving ability. The Company reserves the right to request a medical certificate from the Authorised Driver stating that he/she is fit to operate the Company Vehicle.

12.4. Safety of the Company Vehicle and Ancillary Goods

12.4.1. The Authorised Driver shall be responsible for ensuring that all necessary precautions are taken to safeguard the Company Vehicle and its contents at all times. Whenever the Authorised Driver leaves the vehicle, the Authorised Driver shall ensure that:

12.4.1.1. all windows have been rolled up;

12.4.1.2. all doors are locked; and

12.4.1.3. no merchandise, goods or equipment, whether owned by the Company or the Authorised Driver, are stored in the Company Vehicle where visible from the exterior of the vehicle,

so as to mitigate the possibility of break-ins and/or smash-and-grab incidences. In the event that the Company finds that the Authorised Driver negligently failed to adhere to this term, the Authorised Driver shall be held liable for all costs, damages and expenses associated herewith.

12.4.2. The Authorised Driver shall be responsible for the safekeeping and security of any/all goods and/or ancillary items in the Company Vehicle, including, but not limited to, detachable radios and faces, immobilisers, gear locks and GPS. Any loss or damage thereof shall be reported to the Fleet Manager without delay.

12.4.3. The Company’s “boot stock” must always be stored in its correct boxes and absolute care must be taken to protect these parts inside the Company Vehicle. In the event that the Authorised Driver is in breach of this clause, the Fleet Manager will investigate the matter and disciplinary action may be taken.

12.4.4. Company Vehicles shall always be parked in a safe and secure environment. Company tools, bags, GPS’s and laptops must be removed from the Company Vehicle and stored in a safe place when the Company Vehicle is not within the driver’s sight. If the Company Vehicle is not parked in a locked garage overnight, the employee shall remove all Company property, including XLink pads, and keep such property safely in their possession.

12.4.5. The Authorised Driver must notify the Company of their residential address for geo-location purposes. If the Authorised Driver relocates, the Authorised Driver shall be required to immediately notify the Company of his/her new residence’s geo-coordinates.

12.5. Third Parties and Occupants of the Company Vehicle

12.5.1. The Authorised Driver shall not permit any third-party to occupy the Company Vehicle, unless

12.5.1.1. such occupant is an employee of the Company;

12.5.1.2. it is necessary to permit such occupant to occupy the Company Vehicle in the course of the Company’s business; or

12.5.1.3. authorised by the Company in writing.

12.5.2. The Authorised Driver shall ensure that all occupants, including himself/herself, use and fasten their seatbelts at all times whilst the vehicle is moving, without exception. All occupants of the Company Vehicle shall have his/her safety belt fastened prior to operating the vehicle.

12.5.3. The Authorised Driver shall not permit any third party to operate the vehicle except in case of an emergency, in which case such person must be a responsible adult with a valid driver’s licence.

13. DRIVER EVALUATION

The Company reserves the right to evaluate the driving competencies of the Authorised Driver at any given time (whether pre- or post-employment). The Authorised Driver shall submit himself/herself to any driving or competency tests as may be required by the Company.

14. PRIVATE USE OF COMPANY VEHICLE

14.1. Unless authorised by the Company in writing, Authorised Drivers are entitled to use the Company Vehicle for private purposes for a total of 750km per month, unless otherwise agreed. Where authorised, all private mileage exceeding this limit will be calculated at the current AA costs per kilometre and deducted off the Authorised Driver’s salary. Private mileage cannot be accumulated.

14.2. The Company Vehicle may not be used by the Authorised Driver during any period of any leave, whether paid or unpaid leave.

14.3. It is deemed as an “unreasonable practice” to make use of the Company Vehicle between 22h00 and 05h00, unless there is an emergency, or such use is work-related and approved by the Company in writing. Disciplinary action may result for inappropriate behaviour.

14.4. The private use of the Company Vehicle is within the sole discretion of the Company. Should the Authorised Driver abuse this privilege, the Company shall be entitled to suspend, withdraw or alter the Authorised Driver’s use of the Company Vehicle, which may include requiring the Authorised Driver to park the Company Vehicle at a predetermined area outside of working hours for such period as may be determined by the Company.

15. INCIDENTS AND/OR ACCIDENTS

15.1. Should an Authorised Driver be involved in an accident, collision, hijacking or robbery whilst in control of or operating a Company Vehicle, or should the Company Vehicle be damaged, no matter how seemingly inconsequential, the Authorised Driver shall:

15.1.1. immediately contact the Fleet Manager and his/her direct line manager;

15.1.2. in the event of an accident:

15.1.2.1. ensure that the Company Vehicle has come to a complete stop;

15.1.2.2. only move the Company Vehicle once the road has been marked or if the traffic officer permits the Company Vehicle to be moved. If any serious injury or fatality has occurred, the Company Vehicle must not be moved at all, unless instructed to do so by the South African Police Service (“SAPS”) or Metro Police;

15.1.2.3. immediately check for injury to any person involved in the accident and implement appropriate measures to assist if injuries occur;

15.1.2.4. immediately obtain personal details of the other drivers and details of all vehicles involved in the accident;

15.1.2.5. obtain the names and addresses of all witnesses and vehicle registration numbers (if applicable);

15.1.2.6. if possible, take ample amounts of photographs of the accident scene and vehicle/s involved;

15.1.2.7. under no circumstances admit liability to any outside party; and

15.1.2.8. NOT make his or her own arrangements with regards to the towing of the Company Vehicle. Should this happen, the Authorised Driver will be held liable for the costs of the towing and storage from the accident scene to the panel beater or towing yard. Only the towing service that is authorised to tow the Company Vehicle in the event of an accident shall be permitted to tow the Company Vehicle, which towing service shall be as notified by the Fleet Manager from time to time;

15.1.3. for purposes of insurance claims:

15.1.3.1. obtain a police case number within 24 hours following the occurrence of the accident;

15.1.3.2. submit an accident report with his/her claim;

15.1.3.3. fill out a claim form correctly, truthfully and fully and return same to the Fleet Manager within 7 days. Please note that a claim form is to be filled out for each claim logged. Claim forms can be obtained from the Fleet Manager and shall be filled out together with the Fleet Manager The claim form, with an enlarged copy of the Authorised Driver’s license and I.D. (front and back) as well as clear photos of the damages (with the registration number as part of the damage) and two quotes on the repairs, must be sent to the Fleet Manager including any other documentation or relevant information that might be required by the Fleet Manager. Should the Authorised Driver be unable to fill out the claim form, then the Fleet Manager is to obtain a copy of the police report and fill in a claim form on behalf of the employee;

15.1.3.4. report all accidents/incidents, even if there is no visible damage to the Company Vehicle. Any damage, minor or otherwise, must be repaired as they occur or left to the Company’s discretion. The Authorised Driver may not wait until there is further damage to the Company Vehicle before initiating a claim. Should this be found to be happening, the Fleet Manager is to immediately initiate disciplinary procedures. In this event, the Company Vehicle will be repaired, and the Authorised Driver will be held accountable for all repair costs;

15.1.3.5. report all Company Vehicle break–in’s, thefts and attempted thefts to the SAPS within 24 hours of the incident and obtain a reference/case number and an affidavit. The case number needs to be recorded in the relevant claim form when it is filled out and sent in as per the normal claim procedure. Any claim logged after 7 days of the incident/accident taking place, will not be considered and such all costs, damages and expenses as a result of such delay will be borne by the Authorised Driver; and

15.1.3.6. be held accountable for any costs arising from any claims against the Company, if there is found to be third party involvement and the claim was not logged.

15.2. Authorised Driver’s Responsibility

The Authorised Driver must:

15.2.1. be proactive and follow up on the case pertaining to his/her accident/incident;

15.2.2. report the accident to the Company immediately after such accident has happened in accordance with Section 38 of the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 (“COIDA”). If notice is not given to the Company within 12 months after the date of accident, the Authorised Driver may forfeit his right to compensation, as the claim may not be considered in terms of COIDA; and

15.2.3. assist the Company in obtaining the relevant medical reports, where necessary.

15.3. Accident Enquiry

15.3.1. The Fleet Manager shall hold an investigation into the circumstances which gave rise to each accident/incident. A written report detailing the findings of the investigation must be placed in the Authorised Driver’s employee file, together with the accident report that was filled out at the scene of the accident, as well as the claim form if there was third party involvement. These documents are to be made available for legal or investigative purposes as and when the need arises.

15.3.2. If gross negligence or misconduct on the part of the Authorised Driver is indicated as a possible cause of the accident, the Fleet Manager is to instigate disciplinary procedures with immediate effect.

15.3.3. All accidents must be immediately reported to the Company’s Human Resources department and an “Accident on Duty” form must be completed. The Authorised Driver will be informed of any further processes required in terms of COIDA.

15.4. Excess Costs

15.4.1. If the incident, accident or damage is deemed to be at the fault of the Authorised Driver, the Authorised Driver shall be held liable for the excess costs not covered by the insurance of the Company.

15.4.2. Authorised Drivers involved in accidents for which the insurance cover is repudiated, including driving under the influence of intoxicating substances, will be held responsible for the total cost of repairs to the Company Vehicle and the total cost of repairs to any damaged third-party vehicle, property or injury to persons involved in the incident. The Authorised Driver may furthermore be subject to the Company's disciplinary procedure.

15.4.3. Under no circumstances is the Authorised Driver entitled to request or take any monies from a third party that may have caused an accident or damage to the Company Vehicle in any way. Should it be found that monies have changed hands, the Company will hold the Authorised Driver responsible for the balance of the Company Vehicle repair costs and any legal costs arising from the incident. This will apply vice versa, in the event of the Company Vehicle causing an accident to a third-party vehicle. Furthermore, the Authorised Driver may be subject to the Company's disciplinary procedure.

16. AUTHORISATIONS

All Company Vehicle repairs or maintenance, including but not limited to tyre replacements, tyre rotation, windscreen chips, wheel alignment, brakes and brake pads should be brought to the attention of the Fleet Manager who will follow due process, where necessary or required.

17. REPLACEMENT OF COMPANY VEHICLE

17.1. Company Vehicles shall only be replaced at the discretion of the Company.

17.2. In the event that the Company wishes to sell a Company Vehicle, the Company Vehicle is to be in a reasonable and clean condition. Should it be found that the Company Vehicle being sold is damaged (by reason other than fair wear and tear), dirty or has missing parts such as keys or the radio, quotes will be obtained to repair or replace same, and the Authorised Driver shall be held liable for such costs.

18. DRIVER AND VEHICLE INFORMATION CHANGE PROCEDURE

18.1. Employees may NOT swap Company Vehicles amongst themselves, unless authorised by the Company.

18.2. The only time a change of Company Vehicles is permitted is if a specific Authorised Driver leaves the employ of the Company and a new person takes over the Company Vehicle. Authorisation in this regard will be made by the Fleet Manager.

Attached below:

- Vehicle Agreement Version 4 

- Vehicle inspection report Version 3