Fleet management is a high-risk operation, including criminal liability. And if there is any doubt about this information, just take a look at the chaotic numbers of Brazilian traffic.
The most recent data compiled by the Ministry of Health shows that 33.530 people died as a result of accidents in 2022.
As if that number weren't staggering enough, a survey by DPVAT revealed that more than 200 people suffer permanent disability due to traffic accidents annually.
Simply a catastrophe of epic dimensions that is not even remotely given the due importance and treatment. But it is within this scenario that we develop fleet operations.
Therefore, first and foremost, it is very important that the fleet manager is fully aware that, far more than a mere administrator of assets or mobility, he is a manager of people, of human lives.
In this regard, we have organized content developed in partnership with Golfleet 's legal consultant , Dr. Carlos Tudisco, in which we will delve into the labyrinth of legal issues surrounding fleet management.
🔎 Browse the content:
What is criminal liability in fleet management?
Picture this: you are responsible for a fleet of vehicles, ensuring they are well maintained, drivers are trained and travel is safe.
However, accidents happen and can often result in serious legal consequences.
Criminal liability refers to the legal duty a manager may face if their actions or negligence contribute to a criminal offense, such as traffic violations, accidents that cause damage, or even non-compliance with industry regulations.
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understanding the threats
Although this scenario may seem frightening, it is crucial to establish some points regarding criminal responsibility.
The culpable act itself refers to the action or omission that leads to a criminal offense. For a fleet manager, this could include failing to maintain vehicles in full working order, neglecting driver training, or disregarding safety regulations.
Regarding the mental state or intention behind the act, it may involve willful negligence, consciously ignoring safety protocols, or turning a blind eye to potential risks.
In this regard, consequences can range from substantial fines to imprisonment, depending on the severity of the offense and the jurisdiction.
In some cases, the manager may face civil lawsuits, reputational damage, or even the revocation of their operating licenses.
mitigating the risks
- Comprehensive security policies: develop and enforce robust guidelines covering vehicle maintenance, driver training and compliance with industry regulations.
- Regular training and auditing: provide regular training sessions and conduct internal audits to ensure your fleet as a whole consistently meets safety standards.
- Monitoring: use technology as an ally to monitor driver behavior, promote safety practices defensive driving and monitor the performance of the operation.
- Documentation and records: document safety inspections, maintenance records and driver training sessions. This file can serve as proof of your commitment to security and compliance.
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What are the risks of criminal liability in fleet management?
As we saw earlier, fleet management involves a series of commitments and, depending on the circumstances, there may be risks related to legal issues.
Some of the main causes include traffic accidents, violations of regulations, misuse of vehicles, and negligence in maintenance.
So, to help you with criminal liability, let's cover three of the main examples.
Score control
If your company doesn't have a system in place to track employee driver's license points, this is a point of concern and deserves attention when it comes to legal matters.
Article 310 of the Brazilian Traffic Code considers it a crime and imposes a penalty of 6 months to 1 year of imprisonment, plus a fine, for anyone who:
Allowing, entrusting or handing over the driving of a motor vehicle to a person who is not qualified, whose license has been revoked or whose right to drive has been suspended, or even to whom, due to their state of health, physical or mental, or due to drunkenness, is not in condition to drive it safely.
In other words, if your employee has a suspended driver's license and is stopped in a traffic inspection, you could be criminally charged under this article. It's that simple.
This makes it undeniable the importance of implementing point control, something relatively simple, which can be determined by the driver himself through a clause in the fleet policy in which the driver undertakes to present, every certain period of time, an extract of his CNH score.
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But wouldn't that be an invasion of privacy? This is a recurring question and the answer is no.
If the legislation makes it a crime to deliver a vehicle to a person who is not licensed or who has the right to drive suspended, as it could be considered an invasion of privacy or abuse of rights, require that person to prove that he is able to drive for the company, as determined legal issues? Further observations are unnecessary.
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Traffic-accidents
Have you ever stopped to think about what can unfortunately happen if your driver is involved in an accident with victims, which causes bodily injuries or the death of third parties?
To answer this question, it's important to assume that the fleet manager handed the vehicle over to the driver.
Therefore, he could be indicted as jointly responsible for the crimes of manslaughter or negligent bodily harm – crimes foreseen in articles 302 and 303 of the Traffic Code – due to the provisions of article 29 of the Brazilian Penal Code.
Anyone who, in any way, contributes to the crime is subject to the penalties imposed on him, to the extent of his culpability.
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It is important to emphasize the words “in any way” in the example cited.
In other words, to get rid of a conviction, the manager would have to prove that he was not aware or that he was misled by the employee regarding his inability to drive.
In other words, the evidence is relatively complex if there is no fleet policy that clearly states who is responsible for delivering or receiving information about the driver's license.
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Still within the scope of criminal liability, this same article can cause serious problems for fleet managers if one of their drivers is involved in an accident with victims, resulting from a failure or lack of preventive or corrective safety maintenance.
That is, if in the analysis of the accident or incident it is found that the element that caused it was a vehicle safety item, an element that should have been inspected or repaired.
If it is found that this maintenance did not occur due to negligence on the part of the person responsible, the manager will have contributed to the bodily injury or manslaughter through negligence.
One observation: in this context, a culpable crime is understood to be one in which, although the perpetrator did not intend the result, they end up allowing it to happen through negligent omission.
environmental damage
Finally, regarding the legal issues involved in fleet management, it is important to highlight the need to be aware of the environmental damage related to cargo transportation.
For operations involving hazardous cargo with the potential to cause environmental damage in the event of an accident, the risk of criminal liability is expressly established in Article 2 of Law 9.605/1998 , better known as the Environmental Crimes Law, which states:
Anyone who, in any way, contributes to the commission of the crimes provided for in this Law, is subject to the penalties imposed on them, to the extent of their guilt, as well as the director, the administrator, the member of the board and of a technical body, the auditor, the manager, the representative or representative of a legal entity, who, knowing of the criminal conduct of another, fails to prevent its practice, when he could act to avoid it.
Given this scenario, it is worth reiterating the importance of a consistent fleet policy that clearly outlines safety rules and defines everyone's role in compliance.
For this, it is extremely important that each fleet manager identifies in his operation all the points that may generate personal or property risks in order, based on this analysis, to establish precisely who is responsible for complying with maintenance rules. , security, control and supervision.
This not only greatly reduces the possibility of criminal liability, but also, in practice, results in a considerable gain in safety and, consequently, fewer accidents and other incidents. Everyone wins.
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We know that the topic of legal issues surrounding fleet management isn't exactly the most exciting. However, it's an essential aspect for success in the sector.
By understanding the landscape, recognizing the elements and implementing best practices, you can minimize these threats and ensure the integrity of your drivers, vehicles and reputation.
One of the possibilities we presented for this was to make your fleet management safer with the use of technology.
Telemetry, for example, allows for closer monitoring of your operations and the driving practices of your drivers.
In this way, it is possible to anticipate some risks of criminal liability and take preventive measures not to deal with legal issues.
To learn more about telemetry, access the complete and free material we've prepared for you:
