Driver's License Notation

HRanna · August 2003

Reviewing documents for an I-9 on a new employee, I noticed that his driver's license specifies "Nondriver" which I assume means the license is for I.D. purposes only. What are my options/obligations if I know the employee is driving to work? He is not really violating any of our company policies, but I know he is violating the law. Should I confront him? Call the police? Do I have any liability either way?

Don D · August 2003

You have no obligation to do anything. Apparently his license is suspended (I'm guessing) and he has gotten that state issued ID as an alternative photo ID, which is fine. The fact that he is driving while suspended is between him and the long arm of the law, as long as his duties for you do not require a valid license. Although I doubt it, there is a remote chance that he also has a drivers license and just chose to show you the other acceptable ID. Some may take the analysis a step further and speculate that he may have a DUI and responded 'NO' to your application question about convictions. Is that a concern for you? If not, I would not recommend doing anything.

Tish · August 2003

HRanna,

I agree with Don, unless he is driving for your company it is really outside our realm of responsibility. Consider this - he may have a work release.

Whatever · August 2003

Does your company maintain their own parking lot. If yes, you have an obligation to find out what the potential liability is. Since ee isn't licensed to drive, his car insurance (if he has any) won't pay.

LindaS · August 2003

I agree with the posts that state this issue is between the EE and the law, unless he is driving for you. This brings to mind a funny story regarding this type of situation from a previous employer...

We had a husband and wife working for the company. The PD came to serve an arrest warrant for the wife and as they were doing so, took a drive through the parking lot. As they were doing this they found the couple's vehicle in the lot, neither of which had a valid driver's license. The PD took the female EE to jail, then went and waited at the residence for the husband. As the husband was pulling into the parking lot, he was picked up for driving after revocation.

Cotterwood · August 2003

I agree with 'Whatever'.

You are allowing an employee to drive onto your property knowing he has a invalid /suspended driver's license. If he has a accident with any of your other employees OR one of your vendors, guess who's going to be liable for damages?

Do you have employees driving for your company? If so, don't you do DMV pull sheets? If not you should be! I send in and update a list of all employees who do 'any sort - even going to the post office' driving for the District. I'm notified of any tickets, violations, accidents, loss of insurance, infractions, DUIs, etc. This helps us keep out Liability rate/risk down. I keep a current Vehicle Code book on hand to check on the listed violations, if any, on the reports.

However, you might want to check to see if he has a 'restricted' license.
Some DUI receipents get their license 'restricted' to allow them to ONLY drive to and from work. If not, then instruct him to park his vehicle off company property until his license has been reinstated.

We actually have a requirement in our PPM and each job description that requires a valid driver's license - for 99% of our positions.

Sunny · August 2003

I see a lot of nondriver ID's - sometimes the individual drives and sometimes he rides with others. Either way, it's not my business as long as he gets to work on time. I think you may be opening a can of worms here - if driving is not part of his responsibilities I would recommend you leave it alone.

Driver's License Notation

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