Grey Fleet Compliance: HSE Rules for UK Employers (2026)

Grey fleet compliance is easy to miss because the cars and vans are not on the company books. HSE is clear: health and safety law still applies when workers drive their own vehicles for work. This guide sets out what UK employers must check in 2026.

What is grey fleet under HSE guidance?

HSE defines a grey fleet vehicle as one owned and driven by a worker for business purposes. Vehicles used under cash allowance schemes are grey fleet too. The same page says the law applies to both company and grey fleet vehicles.

Commuting is different. HSE says commuting is not generally driving for work, except where a journey starts from home to a work location that is not the worker's normal place of work. Health and safety law does not apply to ordinary commuting.

Does health and safety law apply to grey fleet?

Yes. HSE states that health and safety law applies to work activities on the road in the same way as on a fixed site. That covers employees and people engaged to work for you in the gig economy, including limb (b) workers and self-employed people. Vehicle condition is listed as a hazard.

Road traffic law sits alongside those duties. Section 40A of the Road Traffic Act 1988 makes it an offence to use, or cause or permit another to use, a motor vehicle on a road when its condition involves a danger of injury. GOV.UK says you can be fined up to £2,500, banned from driving and given 3 penalty points for driving a vehicle in a dangerous condition — a general roadworthiness offence, not a grey-fleet-specific penalty.

What must employers put in the risk assessment?

HSE says you must do a risk assessment as part of your health and safety arrangements. The main areas to cover are the journey, the driver or rider, and the vehicle. You should also consider lone and vulnerable workers.

What vehicle checks does HSE expect for grey fleet?

HSE says any vehicle used for your business should be safe and remain safe. For privately owned vehicles used for work, workers must do checks, have them serviced, and have insurance and a valid MOT.

HSE also says employers should make sure that:

• workers carry out and record daily vehicle checks and take any actions needed
• planned maintenance follows manufacturers' recommendations — an MOT only covers basic defects and does not guarantee a vehicle is safe
• there are procedures for reporting defects, and defects are remedied promptly
• there is a clear policy that unsafe vehicles should not be driven

GOV.UK reminds drivers a vehicle can be unsafe even with a current MOT. Highway Code Annex 6 covers lights, brakes, tyres and fluid levels. DVSA's van walkaround guidance shows a structured pre-journey check for company vans — useful contrast when the same managers oversee grey fleet too.

A vehicle check app can help managers see named, timestamped pre-use checks before a work journey. See also pre-use checks for company vehicles.

How does the 2026 Road Safety Strategy raise the stakes?

The Department for Transport's Road Safety Strategy, published on 7 January 2026, estimates that approximately 1 in 3 of all UK road traffic fatalities involve someone driving or riding for work. The government expects employers or engagers of anyone driving or riding for work to keep them as safe as possible.

It commits to piloting a National Work-Related Road Safety Charter covering HGVs, light goods vehicles (LGVs), cars, motorcycles, e-cycles and cycles. The pilot will run for two years; regulatory measures will be considered if voluntary engagement is insufficient.

The charter is a proposed pilot, not current law. It does not create new grey fleet offences today, and using a van check app does not mean an organisation "complies" with the charter.

What practical steps can managers take now?

1. Confirm which journeys count as driving for work, and which privately owned cars or vans are grey fleet.
2. Cover journey, driver and vehicle in your risk assessment, with a written policy that unsafe vehicles must not be driven for work.
3. Require workers to check their vehicles before work journeys, and to record and report defects promptly.
4. Check grey fleet vehicles have a valid MOT, insurance suitable for business use, and servicing — see penalty points for no MOT and MOT and tax reminders.

Try the interactive demo to see how a vehicle check app records pre-use checks.

This article is general guidance based on official sources current at the time of writing, not legal advice. Always check the latest HSE, DVSA and GOV.UK guidance for your situation.