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To prevent excessive liability, the CEO or fleet manager should be aware of the key obligations and rights that apply to them.
Liability of the Vehicle Owner
In the case of a company fleet, liability generally rests with the company, i.e., its management. This refers to the managing director of a limited liability company or the board of directors of a public corporation (AG). For these individuals, so-called “owner liability” applies. It takes the form of strict liability and holds the vehicle owner primarily responsible; fault is not initially a factor. The special circumstances of a company fleet are reflected in the liability framework: The vehicle owner alone is held liable for damages because they have control over the vehicle and, as a result, have the power to determine whether potential damage occurs as a result of the vehicle’s use.
Checking Driver’s Licenses
As a result, the fleet manager or managing director has a duty to verify the status of the individuals who use their vehicles. According to the Federal Court of Justice (BGH), this duty is fulfilled by regularly requiring drivers to present their original driver’s licenses. They may not rely on a driver to voluntarily inform them if their driver’s license has been revoked. However, it is not necessary to check the driver’s license before every trip. A random inspection twice a year is generally sufficient—unless, for example, the fleet manager or managing director is aware of a driver’s alcohol problems or similar issues.
Vehicle Owner Liability Under Civil Law
Vehicle owner liability is enshrined in the Road Traffic Act (StVG). According to Section 7 of the Road Traffic Act, the vehicle owner must compensate for personal injury and property damage caused by the operation of the vehicle. According to case law, the owner is the person who uses the vehicle for their own account and has the corresponding power of disposal. Ultimately, it does not matter in whose name the vehicle is registered or who owns the vehicle. These characteristics merely serve as circumstantial evidence of owner status; they do not, however, establish it. The decisive factor is the power of disposal. The person who can determine the destination, time, and purpose of trips made with the vehicle is the vehicle owner. This applies even if someone else bears all expenses for the vehicle’s maintenance.
Transfer of the Keeper’s Liability
Ultimately, therefore, the company’s management is the keeper. However, it is possible to transfer the keeper’s liability to a fleet manager and thus exclude one’s own liability as the keeper in whole or in part. This can be done by issuing a corresponding authorization to the fleet manager. Such an agreement can be included, for example, in an employment contract, a contract of engagement with a corresponding job description, or in a delegation of authority. A prerequisite for effective delegation is that the individual in question is a reliable and competent person who is explicitly—preferably in writing—entrusted with fulfilling the vehicle owner’s obligations. Thus, the fleet manager is directly and immediately subject to the obligations of a vehicle owner.
Managing Director Liability
However, the delegation of duties does not relieve management of its duty—which has existed from the outset—to supervise and monitor the appointment, selection, and oversight of supervisory personnel. Consequently, random, unannounced, and regular inspections of the fleet manager remain necessary. The fleet manager also has such a duty of supervision and control with respect to the drivers. According to the Bamberg Higher Regional Court (OLG), it is not sufficient, for example, for the dispatcher of a logistics company to verify compliance with his instructions through spot checks only when he happens to pass by the vehicles (OLG Bamberg, Judgment of June 12, 2013, Case No.: 2 Ss OWi 659/13). The duty of supervision and control applies not only with regard to civil liability but also with respect to liability under § 130 OWiG, which punishes a negligent or intentional breach of the duty of supervision with a fine of up to one million euros.
Criminal and Administrative Liability
In addition to civil liability, the managing director or fleet manager may also face administrative and criminal consequences if he fails to perform his duties or performs them inadequately. A classic example of criminal liability for a fleet manager is failing to verify drivers’ licenses or doing so inadequately. The legal basis for this includes, for example, the Road Traffic Act (StVG), the Road Traffic Regulations, the Road Traffic Licensing Regulations (StVZO), and the Particulate Matter Ordinance. If the fleet manager is contractually authorized to do so and is also responsible for the driving personnel, compliance with shift, driving, working, and rest periods—as well as the corresponding documentation—can also be significant for the vehicle owner’s liability. If a company fails to document the use of its fleet, the authorities may order the maintenance of a logbook even for multiple vehicles (e.g., Oldenburg Administrative Court, decision of Nov. 25, 2013, Case No.: 7 B 6607/13). The fleet manager may also be held liable for administrative offenses. If, for example, a vehicle is towed for a parking violation, the fleet manager, as the vehicle owner, may ultimately be required to cover the towing costs. Furthermore, liability toward the workers’ compensation association may also arise, for example, if the accident prevention regulation “Vehicles” is not complied with.
High Liability Risk
In the case of vehicle fleets, managing directors and fleet managers face a high liability risk based on owner liability. Through a contractual agreement, this liability can only be partially transferred from the managing director to the fleet manager. In this case, the fleet manager bears a high degree of liability as the owner, and therefore a solid understanding of the law is essential—especially regarding the legal obligations incumbent upon them. For this reason, consulting with an attorney is recommended for both parties.
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