Why should I review my employee driver records?
Vicarious liability laws place the responsibility for injury and/or damage caused by an employed driver in the lap of the employer. Companies that employ drivers should not only review employee driving records, they have a legal responsibility to do so.
Do I need the driver's permission?
In some cases, motor vehicle records have been identified as consumer reports. As such, use of these reports may need to comply with the Fair Credit Reporting Act (FCRA). It is good policy to obtain every driver's consent to facilitate your efforts to remain apprised of your employed driver's license status. This permission may already be a part of your employee's employment agreement. If it is not, you may wish to integrate this practice into your corporate policy.
How often should I review my employee driving records?
The Federal Motor Carrier Safety Administration states that operators of commercial vehicles (10,001 pounds or greater) must have their driving record reviewed at least once per year. Simply meeting this requirement however, does little to mitigate the enormous risk of having an improperly licensed driver operating a vehicle on behalf of the company. Ideally, an employer should check all of its employees' motor vehicle records every day, something that can be both impractical and costly. Fortunately, License Monitor offers a cost-effective solution that provides continuous monitoring of driver license activity.
Am I responsible for the safe performance of independent contractors who drive while working for the company?
Yes. The company may be vicariously liable for an independent contractor driving while conducting the company's business. Therefore, the company has the same concerns with the independently contracted driver's record as it does with an employee driver.
Why choose License Monitor when my insurance company runs my motor vehicle records for me?
Motor vehicle record checks by your insurance company or insurance agent merely provide a snapshot in time of a driver's record. Conversely, License Monitor will alert you whenever there is updated driver license activity. This continuous flow of information enables employers to act swiftly to avoid unnecessary problems. All of the driver license information is archived and may be used to generate reports in order to spot trends and institute internal procedures and controls to further minimize risk.