HSE Gov Dept
Regulator / Inspectorate
Noted
HSE acknowledges the concerns around the rental of food delivery licenses to under 18s, lone working, and road safety but states road traffic accidents are generally a police matter. HSE notes actions being taken by other government departments and the food delivery industry to tighten controls. (AI summary)
View full response
Dear Mr Allen Regulation 28 - Prevention of Future Deaths
Thank you for your letter and Prevention of Future Deaths report of 5th December 2025, addressed to HSE’s Chief Executive, , and arising from the inquest into the unfortunate death of Mr Machado whilst using a ‘rented’ Uber Eats licence. has asked me to respond to you in my capacity as HSE’s Deputy Director for Technical Support and Engagement This was essentially a road traffic accident, and you acknowledge that excessive speed was the causative factor in Mr Machado losing control of the motorcycle he was riding. However, you also raise concerns around the rental or sharing of permits for these platforms, the employment of minors and lone working. In leading the response, the Health and Safety Executive (HSE) has sought the views of several other governmental organisations, and these are included in our response below which viewed together describe a comprehensive framework of guidance and legislation. However, that does not mean that we are complacent, and you will also note proposals to improve on the current situation. Riding and driving for work: In respect of the road traffic accident itself, HSE views that road traffic accidents are generally a matter for the Police to investigate and enforce, rather than HSE, using the most applicable legislation. This is set out in Health and Safety at Work etc Act 1974 - Section 3.
The Department for Transport (DfT) commented that the safety of anyone driving or riding on our roads is a priority, and that includes those who drive for work. The government expects that employers or engagers of anyone driving or riding for work to ensure that they are as safe as possible on our roads. DfT worked closely with the HSE to update the joint DfT/HSE guidance on work related road safety. The revised guidance, published in September 2021 and called Driving and riding safely for work, clearly sets out what commercial organisations and their workers, whether employees
or self-employed, must do to manage work-related road safety by reference to their obligations under law.
DfT has also announced as part of the Road Safety Strategy that it will pilot a National Work-Related Road Safety Charter for businesses that require people to drive or ride for them. The aim of the Charter is to help employers to reduce work-related road risk and improve safety for all road users by promoting good practice, and to improve compliance with current legislation and guidance. It will include the use of Heavy Goods Vehicles (HGV)s, Light Goods Vehicles (LGVs), cars, motorcycles, e-cycles and cycles. The pilot will run for two years and will be monitored and fully evaluated.
The tragic death of Leonardo Cardoso Machado has raised several important concerns. DfT is committed to making our roads safer and we are ready to work with others to achieve this. Road safety is a shared responsibility, and DfT’s strategy reflects that. It considers action needed by government, local authorities, industry, emergency services and communities to tackle the causes of collisions and save lives. By investing in infrastructure, education, and enforcement, DfT are taking decisive steps to make our roads safer for everyone.
Sharing of permits The sharing of permits between licence owners and “substitutes” is a contractual issue and not an area HSE has any control over. The Department for Business and Trade (DBT) are the more appropriate governmental body, and they have addressed the practice of “renting” food delivery licences to under 18’s and the concerns that this raises. Food delivery companies do often allow account holders to use other people to carry out work for them under their account. This practice is sometimes referred to as substitution or sending a substitute. The ability for someone who is self-employed to subcontract work is a key feature of self-employment and is a lawful commercial arrangement. It is not something that is regulated or licensed by government in food delivery, or many other sectors where this practice can be found. As the report notes, most food delivery firms require that all riders and their substitutes are at least 18 years old. The government has been working closely with food delivery firms so that they increase the use of facial verification checks and fraud detection technology to ensure only registered account holders and their registered substitutes can work off their platforms. Employment of Minors: HSE has some high-level guidance on the employment of young people under the age of 18: Young people at work: Overview - HSE. The Department for Education state that the restrictions on child employment in the Children and Young Person’s Act 1933 apply to children who are of compulsory school age. Therefore, these restrictions would not apply in the case of Leonardo Cardoso Machado who, as a 17-year-old, would be classed as a ‘young worker’.
However, we note from the response from Uber Eats UK Limited to the coroner on 18 November 2025, that their terms and conditions include requirements that persons under the age of 18 are prohibited from having a delivery licence or to act as a substitute. Lone Working: It is well known and established that lone working can present a risk to workers, and this should form part of an employer’s risk assessment. This includes the requirement to assess risks and should consider ways in which the work can be organised to minimise the potential for harm. Relevant training, supervision, monitoring and support should be provided for lone workers. HSE specifically considers lone workers in providing guidance and this covers both the employers of lone workers and the lone workers themselves; Lone working - HSE.
However, HSE acknowledges that there are practical limits to what can be done in the driver delivery sector because work like this inevitably involves working alone, to deadlines, often at night and with the attendant road risks.
Lastly, a great deal of work is going on between government and the food delivery industry to tighten control and reduce abuse of legitimate systems such as substitution, for example this initiative Delivery firms to bolster rider security checks to stop illegal working - GOV.UK.
The new Employment Rights Act 2025 is also aimed to address weakness of current system - Employment Rights Act 2025: overview factsheet
I trust that this response from HSE, along with the contributions from the other governmental departments, gives you confidence and reassurance that the issues raised in his report are actively being addressed.
Thank you for your letter and Prevention of Future Deaths report of 5th December 2025, addressed to HSE’s Chief Executive, , and arising from the inquest into the unfortunate death of Mr Machado whilst using a ‘rented’ Uber Eats licence. has asked me to respond to you in my capacity as HSE’s Deputy Director for Technical Support and Engagement This was essentially a road traffic accident, and you acknowledge that excessive speed was the causative factor in Mr Machado losing control of the motorcycle he was riding. However, you also raise concerns around the rental or sharing of permits for these platforms, the employment of minors and lone working. In leading the response, the Health and Safety Executive (HSE) has sought the views of several other governmental organisations, and these are included in our response below which viewed together describe a comprehensive framework of guidance and legislation. However, that does not mean that we are complacent, and you will also note proposals to improve on the current situation. Riding and driving for work: In respect of the road traffic accident itself, HSE views that road traffic accidents are generally a matter for the Police to investigate and enforce, rather than HSE, using the most applicable legislation. This is set out in Health and Safety at Work etc Act 1974 - Section 3.
The Department for Transport (DfT) commented that the safety of anyone driving or riding on our roads is a priority, and that includes those who drive for work. The government expects that employers or engagers of anyone driving or riding for work to ensure that they are as safe as possible on our roads. DfT worked closely with the HSE to update the joint DfT/HSE guidance on work related road safety. The revised guidance, published in September 2021 and called Driving and riding safely for work, clearly sets out what commercial organisations and their workers, whether employees
or self-employed, must do to manage work-related road safety by reference to their obligations under law.
DfT has also announced as part of the Road Safety Strategy that it will pilot a National Work-Related Road Safety Charter for businesses that require people to drive or ride for them. The aim of the Charter is to help employers to reduce work-related road risk and improve safety for all road users by promoting good practice, and to improve compliance with current legislation and guidance. It will include the use of Heavy Goods Vehicles (HGV)s, Light Goods Vehicles (LGVs), cars, motorcycles, e-cycles and cycles. The pilot will run for two years and will be monitored and fully evaluated.
The tragic death of Leonardo Cardoso Machado has raised several important concerns. DfT is committed to making our roads safer and we are ready to work with others to achieve this. Road safety is a shared responsibility, and DfT’s strategy reflects that. It considers action needed by government, local authorities, industry, emergency services and communities to tackle the causes of collisions and save lives. By investing in infrastructure, education, and enforcement, DfT are taking decisive steps to make our roads safer for everyone.
Sharing of permits The sharing of permits between licence owners and “substitutes” is a contractual issue and not an area HSE has any control over. The Department for Business and Trade (DBT) are the more appropriate governmental body, and they have addressed the practice of “renting” food delivery licences to under 18’s and the concerns that this raises. Food delivery companies do often allow account holders to use other people to carry out work for them under their account. This practice is sometimes referred to as substitution or sending a substitute. The ability for someone who is self-employed to subcontract work is a key feature of self-employment and is a lawful commercial arrangement. It is not something that is regulated or licensed by government in food delivery, or many other sectors where this practice can be found. As the report notes, most food delivery firms require that all riders and their substitutes are at least 18 years old. The government has been working closely with food delivery firms so that they increase the use of facial verification checks and fraud detection technology to ensure only registered account holders and their registered substitutes can work off their platforms. Employment of Minors: HSE has some high-level guidance on the employment of young people under the age of 18: Young people at work: Overview - HSE. The Department for Education state that the restrictions on child employment in the Children and Young Person’s Act 1933 apply to children who are of compulsory school age. Therefore, these restrictions would not apply in the case of Leonardo Cardoso Machado who, as a 17-year-old, would be classed as a ‘young worker’.
However, we note from the response from Uber Eats UK Limited to the coroner on 18 November 2025, that their terms and conditions include requirements that persons under the age of 18 are prohibited from having a delivery licence or to act as a substitute. Lone Working: It is well known and established that lone working can present a risk to workers, and this should form part of an employer’s risk assessment. This includes the requirement to assess risks and should consider ways in which the work can be organised to minimise the potential for harm. Relevant training, supervision, monitoring and support should be provided for lone workers. HSE specifically considers lone workers in providing guidance and this covers both the employers of lone workers and the lone workers themselves; Lone working - HSE.
However, HSE acknowledges that there are practical limits to what can be done in the driver delivery sector because work like this inevitably involves working alone, to deadlines, often at night and with the attendant road risks.
Lastly, a great deal of work is going on between government and the food delivery industry to tighten control and reduce abuse of legitimate systems such as substitution, for example this initiative Delivery firms to bolster rider security checks to stop illegal working - GOV.UK.
The new Employment Rights Act 2025 is also aimed to address weakness of current system - Employment Rights Act 2025: overview factsheet
I trust that this response from HSE, along with the contributions from the other governmental departments, gives you confidence and reassurance that the issues raised in his report are actively being addressed.