Vehicle Use & Driver Responsibilities

This type of policy is designed to ensure that individuals who may pose a threat to others are not allowed to drive on behalf of your organization. Letting such individuals drive can create an increased risk of liability that your organization may not wish to assume. To address this liability risk, organizations often include a vehicle use and driver responsibilities policy in their employee handbook to help ensure safe transportation.  Before allowing anyone to drive on behalf of your organization, you may wish to have drivers review the policy and sign a form agreeing to comply with it.

SAMPLE POLICY:
VEHICLE USE & DRIVER RESPONSIBILITIES

[Name of organization] is committed to ensuring the safety of individuals who drive on our behalf. Therefore, we require any employee who must drive to conduct job duties, even occasionally, to comply with the requirements set forth in this policy. Employees failing to comply with the terms of this policy may be subject to disciplinary action, up to and including termination of employment.

For purposes of this policy, a “driver” is defined as any employee using a personal vehicle or [name of organization’s] vehicle to conduct the organization’s business. The “organization’s business” is defined as a driver driving at the direction, or for the benefit of, [name of organization]. This policy excludes a driver’s customary commute to and from work.

It is essential for all employees to drive safely while carrying out their job duties. Employees driving on behalf of the organization must comply with the terms of this policy. If asked, employees must authorize the organization to obtain a report annually from the state’s motor vehicle department.

Use and Authorization

Our organization’s vehicles are for business use only. Before driving on our behalf, employees must:

• Be at least age 21
• Obtain their supervisor’s approval.
• Submit the following information to [insert contact or department]:
  • Driver’s name
  • Date of birth
  • Copy of the driver’s license
  • Vehicle request form

No employees will be allowed to drive a vehicle the organization owns until their driving records have been approved and all driving requirements are met.

Driver’s License and Other Driver Requirements

Employees must have a valid and current driver’s license for the vehicles they will operate and provide a copy of such license to [name of organization] upon request. Employees may not drive for the organization’s business with a suspended, invalid, or revoked driver’s license. Additionally, unless otherwise agreed to by [name of organization], drivers must be at least 21 years of age and have no physical impairments that would prevent the driver from safely driving for the organization’s business, other than requiring the use of corrective glasses or contact lenses.  

In the event your driver’s license is revoked, suspended, or restricted for any reason and you are required to drive on behalf of the organization with your job, you must immediately report the change in driving privileges to [insert the name of the contact or department such as Human Resources]. Failure to do so will result in disciplinary action, including but not limited to termination of employment. 

Depending on the circumstances, if you voluntarily report the suspension, revocation, or restriction of your driver’s license, the organization may attempt to move you to a job that does not involve driving. However, the work may be in a classification and at a pay rate that is different from your regular classification and pay rate.

If management is not able to move you to a job that does not require driving, the organization may place you on a leave of absence without pay, or your employment may be administratively terminated. Such action will be based on the organization’s business needs at the time and an independent investigation of the circumstances.

Insurance

Drivers must maintain adequate automobile insurance, as determined by [name of organization]. The organization [**Insert your organization’s coverage here. Example: …covers only claims against the organization and does not cover you or your personal vehicle when you are using that vehicle to conduct organization business.**] Drivers should provide proof of insurance to [name of organization] before driving for the organization’s business and annually thereafter.

If an employee becomes uninsurable, and the employee is required to drive regularly for business, the organization may try to find alternative employment that does not require the employee to drive on behalf of the organization. If the organization is unable to find the employee an alternative position, the employee may be administratively terminated. Such actions will depend on the organization’s business needs and circumstances at that time. Moreover, unless otherwise agreed to by [name of organization], an insurance company must have never canceled or refused to provide a driver with auto insurance.

Drugs and Alcohol

Drivers may not drive for the organization’s business while in the possession, or under the influence, of drugs or alcohol. Additionally, unless otherwise agreed to by [name of organization], employees may not drive for the organization’s business if they have been charged with or convicted of driving while intoxicated or driving under the influence. Employees must notify their supervisor as soon as possible in the event of an arrest for a drug- or alcohol-related offense.

Disqualifying Acts

If a driver commits a disqualifying act, the employee shall notify a supervisor as soon as possible after the commission of such act. The employee shall no longer be permitted to drive on behalf of [name of organization], unless otherwise agreed to by [name of organization]. Disqualifying acts may include, but are not limited to, the following: violating this policy, negligent homicide, aggravated assault with a motor vehicle, or commission of a felony arising out of the use of a motor vehicle.

Traffic Violations; Mobile Devices; Other Safe Driving Practices

The organization will not pay any traffic tickets you receive while operating a vehicle on behalf of the organization. You are responsible to pay any traffic citation you receive when driving on organization business in your personal or in an organization vehicle.

Any use of cellular telephones while driving is illegal in some jurisdictions. It is the driver’s responsibility to comply with various state laws. For safety reasons, while drivers are on the organization’s business, drivers are not to use hand-held mobile devices to make calls or send text messages while driving unless “hands-free” equipment is used. If a cell phone call or text message is received while a driver is driving, the driver should pull off the road to a safe location as soon as possible. Drivers should never talk on a cell phone or text while driving in heavy traffic or during hazardous weather conditions. 

The use of mobile radar detectors, radar jammers, traffic light preemption emitters (also known as “Mobile Infrared Transmitters”), and license plate cloaking devices is illegal in many jurisdictions. Additionally, the use of such devices can lead directly or indirectly to bodily injury and property damage. Therefore, the use by a driver or others of these devices or any other devices that interfere with law enforcement procedures will not be permitted while driving motor vehicles for the organization’s business, whether the vehicles are owned by [name of organization] or otherwise.

All occupants of a vehicle driving for organizational business must use seat belts. Drivers must ensure that all occupants fasten their seat belts before operating the vehicle. Please report any non-functioning seat belt in an organizational vehicle for repair immediately to [insert name of contact]. Failure to comply with this policy will result in disciplinary action up to and including termination of employment.

All drivers may be required to participate in a random drug and alcohol testing program. Training may also be required to ensure the safe operation of 12-passenger vans.

** [Note any categories of people who are prohibited from driving your organization’s vehicles, such as students, minors, non-employees, etc.] **

All vehicles will be equipped with a log to be completed for each trip. Required information will include the mileage (start and finish), hours of service performed by the driver, destination, purpose of the trip and notations related to the operating condition of the vehicle.

All drivers must obey any applicable federal, state, and local laws while driving on the organization’s business, drive in a safe and responsible manner, and maintain the security of the vehicle and its contents.

** [Optional Policy language: All employees requiring traveling by automobile on business, except for minor errands within the same county, are required to use a company car if it is at all possible.] **

Drivers carrying a commercial driver’s license (CDL) with a passenger endorsement are required to comply with the state department of transportation’s requirements.

Accident or Incident Reporting

In the event of any accident, theft, or damage while on the organization’s business, drivers must do the following:

• Call for medical aid, if necessary.
• Call local law enforcement in the event of an accident.
• Record any pertinent information available regarding the situation, including, but not limited to, names and addresses of drivers, witnesses, etc., license numbers of other drivers, insurance company names and policy numbers of other drivers, conditions surrounding the event, etc.
• Notify their supervisor and discuss the information recorded as soon as possible.
• Be cooperative and non-argumentative with everyone involved in the situation (e.g., provide name, address, insurance information, etc.), but do not accept any responsibility for the situation.

If you are injured from an accident that occurred while driving on behalf of the organization, depending on the circumstances and state law, you may be entitled to certain workers’ compensation benefits. Report your injuries to your supervisor as soon as possible.

This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

Working Together © 2022 Brotherhood Mutual Insurance Company. All rights reserved. www.brotherhoodmutual.com/working-together. Updated 9/2021.