Tuesday 28 June 2011

Vehicle Tracking and Human Rights Law

There is a lot of talk as to whether vehicle tracking systems are legal as so far as the Human Rights Act is concerned.
Human Rights Lawyers will be the people to properly advise. Human rights law generally addresses the citizen's relationship with the state and what it can and cannot do. Some public sector workers are protected but in the main those working for a private company are not.
This will only relate areas such as intrusive surveillance i.e. where there is a camera in the cab covering the sleeping compartment.
Consider these principles, is the action proposed lawful, is it necessary and is it proportionate?
A vehicle tracking system does not take images of the driver. However, it does have an influence on where and when the vehicle is driven.
These systems are designed to ensure the safety of the employers most valued assets namely: the driver, the vehicle and the load.
Employers have a duty of care for their employees.
Consider these principles, is the action proposed lawful, is it necessary and is it proportionate?
Wagons and their loads are worth thousands of pounds to the owners and contractors. Unfortunately there people who by whatever means are actively involved in the theft of vehicles, units and loads. It should come as no surprise that transport companies are employing technology to combat these thefts.
With all the communication technology at our disposal it would be a waist not to use it indeed some companies can now track an individual
A driver could be away for a week going to the far side of Europe staying overnight in all sorts of isolated places that has a potential to wagon and load theft.
Transportation cost is ever increasing, the cost of fuel and interest rates to name just two. Any system that can provide a safe and efficient route will only help to reduce cost. When bidding for work the company will be in a better position when it comes to pricing and the gaurentee of load security and delivery dates.
The employer has a responsibility of the duty of care for his employees, the safe keeping of the vehicle and load, it will hard to argue against the rationale.
The employer will have a contract that may contain the use of the tracking system and the driver’s obligation to the use of it.
How can someone who is operating within the law, has the route planned including stops and the progress monitored object? 

Overall, it seems to me, as a fleet manager, that vehicle tracking systems are a good thing.

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