policy and proceedures

jf

can we require employees who are required to drive as part of their job to report any traffic violations, ie speeding tickets or DUI's received while not on the clock?

Peyton Irby MS

yes. in addition, your vehicle liability insurance carrier probably requires it of you.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

Balloonman

Yes. A clean/acceptable driving record is required to be insurable by our liability carrier. I require immediate notification of a DWI/DUI. Anyone receiving a DWI is banned from driving company vehicles for 5 years. I also run the mvr's once a year, so if they are getting tickets I will know. I do not require them to report every ticket though. When hired, I do discuss the importance of a clean driving record and how tickets/DWI will prevent them from driving a company vehicle. If a company truck is part of their benefits they certainly don't want to screw that up!
My $0.02 worth.
DJ The Balloonman

ritaanz

I have been advised by our insurance broker that the company cannot request driver's records. Because of the Fair Credit Report Act, there are only 2 ways to get the record. One is the employee provides you with his own record or the employee signs a release form which we give to a 3rd party, the insurance company, to obtain the reports. They are not allowed to disclose what is on the driver's record. All they can tell you is yes, they will insure that person or no, they will not. How do you get driver's records on your employees?

juju

[font size="1" color="#FF0000"]LAST EDITED ON 08-15-03 AT 10:57AM (CST)[/font][p]We require all employees to have a valid license. First, we have employees enter their DL info on a release and sign it. We use a company called American Driving Records. They have internet software so all we do is go online and enter the employee's info (name, address, DOB, DL #). The results do list violations, although all we use them for is determining whether the license is valid.

Pork

JF, MS: We do, and I have had the opportunity to use the fact that the individual failed to disclose the information, which we found out about when I ran our annual MVR, s for our insurance company. The information of a ticket is not valid in our scoring system until it is "judicated" and found quitly of the charge. However, in this case the next speeding ticket would put him over the 12 point limit and we would have suspended his driving responsibilities until the ticket was judicated. After getting the MVR back and he exceeded the limit he was immediately terminated. Thank goodness he did not have any accidents between his last ticket and MVR action caused by his judicated ticket for speeding, for our insurance company may have decided that they would not have covered the accident, because he should have not beeen driving any company vehicle. When you suspend a driver, they normally have to quit because they must have an income; a suspension is not a terminating event, and the driver will normally seek other driving opportunities as "loggers" because DOT reference checks are going to identify him as a bad risk, a speeder.

Hope this helps, PORK