Simon: Welcome to Let’s Talk Fleet Risk – a podcast for those who manage drivers and their vehicles, and want to reduce road risk in their organisation.   My guest this month is a legal expert in the field of transport and regulatory law. It’s Chris Green, who is a partner at law firm Keoghs. Welcome to the podcast, Chris.   Chris: Hello, Simon. How are you? Simon: Very well thank you. Now, I’ve asked Chris onto the show because we’re partnering with Keogh’s to present a mock trial prosecution of a van operator at this year’s Health and Safety event at the NEC later this month. The mock trial presentation will be on Wednesday 26th April in DfBB’s own Driver Safety Theatre – and I’ll give out full details at the end of the podcast. Now Chris, I don’t want to give the game away as to what happens during this prosecution, but I do want to give a preview of the scenario and then discuss in some broad terms some of the issues that we’re going to be looking at in the presentation. So, the scenario – roughly speaking – is that a van driver struck a cyclist shortly after starting a morning shift. And it’s a serious incident, with the cyclist taken to hospital and he’s in a pretty bad way – the police have classed his condition as critical. The police would then obviously conduct a roadside investigation to find out what had happened and to find out whether the driver was at fault – what might have happened that had gone wrong. So what would they be looking for in that investigation? Chris: A couple of things. In the first instance they would have Forensics and Scenes of Crimes Officers present, to see – for example – where there were broken fragments from the car, and to indicate where the collision had taken place. So that might assist in terms of the position of each vehicle in the road, or to gather witness statements from those who were present. These days we see a lot of this is covered by dashcam footage or other CCTV – so that element of the job, many years ago when I started, I’m afraid has gone out of it. So that’s all done for us on a very high-tech, automated level these days. They would be interviewing the driver at the scene and checking suspected drugs or alcohol issues. They’d be asking to see the mobile phone records and potentially seizing it as well. And in addition to that they would be trying to obtain accounts from anybody present and to check the welfare of anybody injured in the collision, including the driver and anybody else as well. So there’s a number of things they would be doing, and then of course the investigation would carry on afterwards where they would begin the interview process. Simon: What about the state of the vehicle? How much attention would they give to the roadworthiness of the vehicle at that point? Chris: It’s absolutely critical, because if there were any suggestion that there were mechanical failure that was either outside of the control of the driver, or something that had manifested itself between the time they started the journey and the time of the crash, then they’ve got to at least explore that possibility before they can decide how blameworthy the driver was. Occasionally I’m afraid, there are still cases that we deal with where there are examples where the vehicle just wasn’t in a serviceable condition, and on that basis it’s a different scenario in terms of trying to establish guilt. Simon: So, we know that in law the driver is usually responsible for ensuring that the vehicle is safe and that they drive within the highway code. So, what potentially could lead the collision investigators to look beyond the driver and at the employer? Chris: Well, the employer has still got a duty to protect both the employee who’s driving the car and anybody else who might be affected by that. And in addition to that, any employees who may be carried in the vehicle at the same time as the driver. So, that obligation is actually quite wide. If, for example, there were any suggestion t