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Hauliers are being warned about possible scaremongering tactics ahead of the introduction of new corporate manslaughter legislation. Andy Leech, business leader at fleet software firm CFC Solutions, believes some companies selling risk-management services are deliberately overstating the risks of prosecution under the new Corporate Manslaughter Act 2007, set to come into force in April. He says transport firms that follow existing health and safety guidelines have nothing to fear from the new  act.

"There has been a degree of corporate manslaughter scaremongering in the fleet industry ahead of its introduction," he adds. "Much of this is a hangover from earlier publicity that corporate manslaughter received in its seven-year journey through parliament, when it did look likely for a while that indivi-dual managers could be jailed. But the final legislation is more considered. "As long as you have a credible risk management policy in place and actively implement it in an auditable manner, there is no need to worry or take any action."

The focus of liability in the new act will be shifted away from the current need to prove a single director or senior manager guilty of serious personal neglect. Instead, the spotlight will fall largely on systematic failings, probably from collective serious errors by a company's senior management.  However, Chris Metcalfe, of road transport advisers Progressive Logistics, believes companies do need to be prepared for situations  they could face, for example if a vehicle is involved in a serious accident.

He says: "Failure to produce appropriate vehicle maintenance or driver records, properly documented procedure, or vehicle defect and remedy reports when one of your vehicles has been involved in an accident, particularly in cases involving a fatality, could leave your company liable to serious prosecutions."