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 consolidated by the Ministry of Health show that 33.530 people died as a result of accidents in 2022.
As if that number were not staggering enough, a DPVAT survey revealed that more than 200 people suffer from 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 of all, it is very important that the fleet manager is fully aware that, much more than a mere administrator of assets or mobility, he is a manager of people, of human lives.
In this sense, we organized a content that was developed in partnership with the legal advisor of Golfleet, Dr. Carlos Tudisco, in which we will enter the labyrinth of legal issues involving 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 that legal duty that a manager may face if his or her actions or negligence contribute to a criminal offence, such as traffic violations, accidents that cause damage or even non-compliance with industry regulations.
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understanding the threats
While this scenario may sound scary, It is crucial to establish some points about criminal responsibility.
The culpable act itself refers to the action or omission that leads to the criminal offense. For the fleet manager, this could include failing to keep vehicles in full working order, neglecting driver training, or disregarding safety regulations.
As for the mental state or intention behind the act, it may involve intentional negligence, knowingly ignoring safety protocols, or turning a blind eye to potential hazards.
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 could face civil actions, reputational damage or even the revocation of its 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 ones include traffic accidents, violations of regulations, misuse of vehicles and negligent maintenance.
So, to help you with criminal liability, let's cover three of the main examples.
Score control
If your company does not control points on your employees' driver's licenses, this is a point of attention and deserves care when it comes to legal issues.
O article 310 of the Brazilian Traffic Code considers it a crime and imposes a penalty of 6 months to 1 year of detention, plus the imposition of a fine, for those 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.
That is, if your employee has the right to drive suspended and is approached in a traffic inspection, you may be criminally charged under this article. Simple as that.
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 that question, It is important to start from the assumption that the fleet manager has delivered the vehicle to the driver.
Therefore, he may be indicted as co-responsible for the crimes of homicide or culpable bodily harm - crimes provided for in the articles 302 and 303 of the Traffic Code – due to the provisions of the legal issues of the 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.
That is, relatively complex tests if there is no fleet policy, in which it is clearly stated who assumes responsibility for delivering or receiving information about the CNH.
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Still within the scope of criminal liability, this same article can cause serious embarrassment to the fleet manager if one of its drivers becomes involved in an accident with victims, resulting from 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.
Noting that this maintenance did not occur due to any negligence on the part of the person responsible, the manager will have contributed to the culpable bodily injuries or homicide.
An observation: a culpable crime, in this context, means one in which, although the causative agent does not want the result, it ends up allowing it to happen through a negligent omission.
environmental damage
Finally, dealing with legal issues involving fleet management, It is important to emphasize the need to be aware of environmental damage related to cargo transportation.
For operations that deal with dangerous loads, with the potential to cause environmental damage in the event of an accident, the risk of criminal liability is expressly determined in the article 2 of Law 9.605/1998, better known as the Environmental Crimes Law, which determines:
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 repeating the importance of a consistent fleet policy, in which safety rules and the delimitation of each person's role in compliance are clear.
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, there will be a considerable gain in safety and, consequently, fewer accidents and other claims. Everyone wins.
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We know that the topic of legal issues involving fleet management is not exactly the most exciting. However, it is an essential aspect to be successful 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 a closer monitoring of its operation and the driving practices of its 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 a complete and free material that we separate for you:
