If we as a business own a van and give it to another for use in their business...?

  • Thread starter Thread starter ashleympack
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ashleympack

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We are a church who loans our van out to a daycare. Laws have just changed saying that "vehicles used by contractors for transporting children for routine trips or field trips have to do (insert all inspections and such). Would the church be considered a contractor for lending out our van? Would we have to do all the scheduled safety checks? And would we be held liable should something happen and injury occur to the children?
We have insurance to cover there use and we require every driver to take a driver's safety course. We basically just need to know if we are more like a rental place as opposed to being liable.
 
"Would the church be considered a contractor for lending out our van?"

No. The daycare is the contractor.

"Would we have to do all the scheduled safety checks?"

No, the daycare has to do them.

"And would we be held liable should something happen and injury occur to the children?"

As the vehicle owner, yes, there are several scenarios under which you could be liable.

Does the daycare carry their own insurance, or do they assume they are covered by yours? If yours, have you advised your carrier that the van is being used by the daycare to transport children? Such a use would almost certainly significantly increase the insurance premiums.

Richard
 
to be a contractor , you would have to have a contract. If you just lend it as a favour, you are only responsible for the road worthyness etc of the vehicle the same as any other vehicle owner
 
Most likely, yes.

If all inspections and such are included, then any accidents that could occur would likely result in negligence of some formossibly to do with general maintenence of aforesaid inspections and such.
 
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