Work in the transport sector? Then your drivers could be about to face steeper fines…

Beginning on 5 March, Driver and Vehicle Standards Agency (DVSA) traffic examiners will begin issuing on-the-spot fines to any lorry, bus or coach drivers for drivers’ hours offences committed in the last 28 days, such as exceeding daily driving limits or not taking enough breaks. Previously DVSA examiners could only fine drivers for offences committed that day, or ongoing offences such as manipulating tachograph records.

If drivers are caught breaking the rules, a DVSA traffic examiner can fine them up to £300. However, in a single roadside check, the traffic examiner can now issue fines for up to five separate offences, which means a driver could be fined up to £1,500. This applies no matter where the offence occurred.

What’s the Problem?
Driving tired is a serious problem. About 40 per cent of sleep-related accidents involve commercial vehicles, while driving tired is responsible for 20 per cent of all accidents, and up to 25 per cent of all serious and fatal crashes, according to government data.

What Rules Will DVSA be Scrutinising?

Here are the rules that the DVSA will be enforcing:

• Drivers (and employers) cannot and will not manipulate tachograph records.
• Drivers can work an average of 48 hours, but no more than 60 hours in a single week.
• Drivers can drive no more than 10 hours each night, unless there is a workforce agreement to work longer.
• Drivers must take a 30-minute break for every six to nine hours of work. If drivers work more than nine hours, they must take a 45-minute break. (Note: Breaks can be broken up into 15-minute segments.)
• Drivers must take a 45-hour rest break at least once every two weeks. Since 1 November 2017, DVSA has the authority to fine drivers up to £300, if they spend their full weekly rest breaks parked in places where it causes a problem, such as a layby.
• Drivers must take their weekly rest after six consecutive 24-hour periods of working.
• Drivers must not take their weekly rest breaks completely in the cab of their lorry.

What Counts as Work?
Here is what the DVSA considers work for drivers:
• Delays at a distribution centre
• Time spent travelling in the vehicle, but only if no work is carried out, such as navigating
• Reporting for work before being informed that no duties are to be undertaken for a specified period
• Accompanying a vehicle being transported by boat or train

How Can I Comply?
If your organisation employs lorry, bus or coach drivers, or you yourself are a driver, here is some simple guidance to help you comply with the DVSA’s driving rules:
• Plan where in your route you will take your breaks as well as daily and weekly rests.
• Be aware of the signs of fatigue, which include restlessness, lapses in attention and dizziness.
• Get a good night’s rest and avoid indulging in too much caffeine, nicotine and other stimulants.

Be Smart, Be Mindful, Be Safe
For more information on the latest news about fines and regulations, contact Direct Insurance Corporate Risks today.

website: www.dicr.co.uk

email: info@direct-ins.co.uk

Telephone: 01277 844360

Do you require Directors and Officers Insurance?

In today’s business climate of corporate transparency and accountability, an organisation’s officers and directors face a myriad of employment-related exposures. Claims can come from many sources, employees, regulators, shareholders, creditors, customers, etc. Ever-changing regulations, increased employee awareness of employment rights as well as the rise of shareholder activism means directors are more frequently at risk, translating to rising claims and escalating settlement costs.

In the wake of recent unprecedented corporate scandals, clearly the trend of corporate accountability applies to large corporations. But smaller privately held companies, including not-for-profits, are not exempt from litigation arising out of the management decisions of their boards. They, too, are at risk.

Regardless of your company’s size, the legal cost to defend a director is substantial, as are the potential penalties that can be personally incurred. Due to liability risks, protecting boardroom talent can be a challenge. To help ensure both your officers’ as well as company’s well-being, a directors’ and officers’ liability insurance (D&O) policy is part of a comprehensive risk financing strategy.

D&O Fills the Cover Gap

Unlike liability policies that provide cover for claims arising from property damage and bodily injury, a D&O policy specifically provides cover for a ‘wrongful act’, such as an actual or alleged error, omission, misleading statement, neglect or breach of duty.

For example, a manufacturer told one of its suppliers to increase inventory because they were expecting a large increase in production. As predicted, demand for the manufacturer’s product grew but the manufacturer increased its inventory with another supplier instead. The original supplier successfully sued the manufacturer, alleging they suffered damages as a result of having relied on the manufacturer’s promise.

A D&O policy provides defence costs and indemnity cover to the entity listed on the policy declarations, which may include:

  • cover for individual directors and officers;
  • reimbursement to the organisation for a contractual obligation to indemnify directors and officers that serve on the board; and
  • protection for the organisation or entity itself.

Indemnification provisions are typically included in the charter/bylaws of a company. While an important risk component, small to medium-sized enterprises or not-for-profit organisations often do not have the financial resources to fund the indemnity provisions, making the bylaws hollow. A D&O policy can provide an extra blanket of security in the event of a covered loss.

A ‘fraud’ exclusion is typically included in a D&O policy, which eliminates cover for losses due to dishonest or fraudulent acts or omission or wilful violations of any statute, rule or law.  D&O cover can be tailored to your needs but be aware that D&O insurers are not consistent with their policy forms. This fact, plus the complexity of D&O claims, requires the insurer to have market commitment and deep expertise as well as the financial resources to handle potential claims.

There are also additional forms of cover to adequately protect directors and officers, including:

  • entity cover;
  • payment priority for insured persons;
  • severability of the insured as well as severability of the application;
  • cover over time, meaning cover responds to past, present and future directors and officers;
  • pay on behalf clause; and
  • duty to defend clause

Consideration for Not-for-Profits

Many not-for-profit organisations with directors and officers often report some difficulty in affording the cost of D&O insurance. To minimise the costs, brokers should recommend choosing only those policy provisions considered most critical. For example, a volunteer-run not for profit without paid staff may skip employment practices cover until it hires staff. To defray the cost of premiums, some not-for-profit organisations consider charging board members a portion of the policy cost.

We’re Here to Help

Whether you are a not-for-profit, privately held or a public company, it is likely that your business can benefit from a D&O policy. Since there is no such thing as a ‘standard’ policy, a professional broker is invaluable when purchasing D&O cover. We understand your organisation and can knowledgeably help design policy language to meet your needs. Call us today at 01277 844 360 to learn more about the appropriate protection for your company against potential directors’ and officers’ liability.

Introducing Direct Insurance Corporate Risks

After months of hard work, we are delighted to officially announce the launch of our website. You can now find us at www.dicr.co.uk.

Our goal with this new website is to provide our visitors with an easier way to learn about what we do at Direct Insurance Corporate Risks, what solutions we offer and how we can help to save you money on your insurance premiums.

You might have also noticed that we’ve changed our name, don’t worry we’re still part of Direct Insurance Group. The business has seen significant growth, including the continued success of our Lloyd’s business, Direct Insurance London Market, therefore the name change is to help bring more clarity with regard to our relationship with you – our corporate client.

The new website includes all the useful information you’d hope to find, information on what we do, where we’re based and how to get in touch. Amongst the new features, the site contains integrated social media buttons for Facebook, Twitter and LinkedIn to foster improved communication with our clients. We will be constantly updating our content with helpful information, articles, blogs, newsletters, company announcements and client successes.

We hope you find the new website fresh and modern; we worked hard to make sure it contains valuable information to help you with all your insurance needs.

For any questions, suggestions, feedback or comments, please E-mail us at info@direct-ins.co.uk or speak to your Account Executive.

Thanks,
Direct Insurance Corporate Risks

Waste and Recycling Insurance – The ins and outs

The waste and recycling industry is vital for keeping communities clean and providing environmentally friendly ways to reduce waste. Due to heavy investment in evolving technology and government support, this industry continues to grow. But, it also remains hampered by its own methods, which are perilous for workers. The dangerous nature of waste and recycling work can make insurers wary. But, without bespoke waste and recycling insurance, you risk letting your business go up in flames.

Who It Covers

The waste and recycling industry encompasses a wide variety of businesses differentiated by the materials they handle, the methods they employ and the equipment they use. Daily operations at some waste and recycling businesses can be radically different from those of other businesses in the same industry.

What links these different businesses together is that they all interact with waste materials. The broad range of businesses in the waste and recycling industry has pushed insurers to offer policies which can address the industry’s diverse needs. Waste and recycling insurance policies can cover the following businesses:

  • Skip hirers
  • Waste management
  • Landfill operations
  • Incineration plants
  • Waste to energy plants
  • Trade waste collection
  • Recycling operations
  • Consultants
  • Waste brokers

This list is not exhaustive. At Direct Insurance Corporate Risks we can work with your business to ensure it is covered. If you work with waste and recycling, we will fashion a policy that is perfectly tailored to your business.

Common Covers

The wide disparity between businesses in the waste and recycling industry means that waste and recycling insurance is not one-size-fits-all. You need a bespoke policy to cover your business’ distinct risks. Your policy should at least include the following common covers:

  • Employers’ liability
  • Public liability
  • Property damage
  • Business interruption
  • Fixed and mobile plant and machinery
  • Environmental impairment liability
  • Motor fleet

Policies vary among insurers for many reasons. Ensure yours addresses all of your business’ risks.

Common Extensions

Because waste and recycling policies are usually tailor-made for businesses, insurers must be able to offer a variety of options for businesses to choose from when constructing the best bespoke policy. Some common extensions include:

  • Legal expenses
  • Contingent motor liability
  • Sudden and accidental pollution
  • Defective premises
  • Spoilt melts
  • Personal accident
  • Clean-up costs
  • Landfill sites and waste tips

Again, this list does not represent the entirety of waste and recycling policy extensions. Talk to us for a full list of offerings to make sure your business is protected on all sides.

Common Exclusions

Although waste and recycling policies may seem like a blank slate, ready to be filled with a mixture of covers unique to your business, there are certain covers which the majority of insurers will always exclude. These exclusions include the following:

  • Asbestos and lead-based paint
  • Nuclear hazard
  • Natural radioactive material
  • Underground storage tank(s)
  • Divested location and property
  • Communicable diseases

Check your policy to find out what your exclusions are, since there is no standard waste and recycling policy. You may be able to cover normally excluded hazards by paying higher premiums.

Bespoke Is Best

Your industry may be dangerous, but that does not mean the future of your business needs to be. Rely on the insurance professionals at Direct Insurance Corporate Risks for the resources and expertise to safeguard your waste and recycling business.