Contents
Who has to check
Two rules apply to the driver side by side. On the road, the driver is responsible for ensuring that the vehicle, combination, load and occupancy comply with the regulations (Section 23 StVO). In the workplace, the accident prevention regulation “Vehicles” requires them to check before the start of every work shift that the controls and safety devices are effective, and to watch for obvious defects during the shift (Section 36 DGUV Regulation 70).
This does not relieve the employer of its duty. Under the German Ordinance on Industrial Safety and Health (BetrSichV), it ensures that work equipment is checked for obvious defects before each use (Section 4 subsection 5 BetrSichV). As keeper, it must not order or allow a vehicle to be put into operation if it knows or should know that the vehicle, load or occupancy does not comply with the regulations (Section 31 subsection 2 StVZO). It must brief drivers so that they can carry out the check and recognise defects. Inspection guidance for this is summarised in DGUV Principle 314-002 “Inspection of vehicles by driving personnel”.
What belongs on the checklist
The check is done by looking and, where necessary, with a brief functional test. Which items belong on the list depends on the vehicle. FleetCred uses this list in the driver app:
| Check item | What to look for | Applies to |
|---|---|---|
| Lights and indicators | Headlights, rear lights and brake lights, indicators, hazard warning lights | all vehicles |
| Tyres and wheels | Tread, air pressure, no damage, wheel nuts tight | all vehicles |
| Brakes | Service brake and parking brake work | all vehicles |
| Mirrors, windows, wipers | clean, undamaged, correctly adjusted | all vehicles |
| Oil and fluids | Engine oil, coolant, windscreen washer fluid, AdBlue | all vehicles |
| No leaks | no oil, fuel or coolant stains under the vehicle | all vehicles |
| No warning lights | no warning lit on the dashboard after starting | all vehicles |
| Body, doors, flaps | no new damage, everything closes | all vehicles |
| Warning triangle, hi-vis vest, first aid kit | on board and complete | all vehicles |
| Load secured | strapped down, not overloaded | all except buses |
| Coupling and trailer | Coupling engaged, lines and connectors attached, trailer lights working | Articulated lorries and journeys with a trailer |
| Hydraulics | Hoses and connections tight | Tractors and work machines |
| Attachments | secured, in transport position, warning plates fitted | Tractors and work machines |
| Emergency exits and fire extinguisher | Emergency exits clear, emergency hammer and fire extinguisher on board | Buses |
| Tachograph and driver card | Driver card inserted, no error message | Vehicles with a digital tachograph |
| ADR equipment | orange-coloured warning plates, fire extinguisher, equipment as per the written instructions | Dangerous goods vehicles |
If something is wrong
The driver reports any defects found to the responsible supervisor and, when drivers change over, also to the colleague taking over the vehicle. If defects endanger operational safety, the driver stops operation (Section 36 subsections 2 and 3 DGUV Regulation 70). If a defect arises on the road that significantly impairs road safety and cannot be remedied soon, the vehicle must be taken off the road by the shortest route (Section 23 subsection 2 StVO).
A keeper who allows a journey in a vehicle with a defect that they know of or should know of commits an administrative offence (Section 69a StVZO). The pre-departure check therefore also means that defect reports reach the fleet manager quickly.
Does the pre-departure check have to be documented?
None of the regulations mentioned prescribes a particular form, so a signature on paper is not required. Without proof, however, it is hard to show after an accident or in an inspection by the employers’ liability insurance association that the check was organised. A short entry per shift has proved its worth, with the vehicle, driver, time, result and reported defects, together with a fixed route by which defects reach the fleet manager.
Pre-departure check with the driver app
With the Vehicles add-on, the pre-departure check runs in the FleetCred driver app: the driver selects the vehicle, ticks off the relevant checklist and reports defects with a photo. If there is a defect, the fleet manager immediately receives an email, and the check is recorded with the time against the vehicle. If the driver lacks the required category or the HU has expired, they see this before the journey. The app is available in seven languages. More under Pre-departure check by app.
This article gives an overview and is not a substitute for legal advice. For your individual case, please ask your legal department, a specialist lawyer or your trade association.
Sources
- Section 36 DGUV Regulation 70 – Condition checks, defects in vehicles (BGN Branchenwissen)
- Section 23 StVO – other duties of vehicle drivers (gesetze-im-internet.de)
- Section 31 StVZO – responsibility for the operation of vehicles (gesetze-im-internet.de)
- Section 4 BetrSichV – basic duties of the employer
- DGUV Principle 314-002: inspection of vehicles by driving personnel