Do you have a driver with other compensated work?


A driver with other compensated work outside of your employment could have a significant impact on your company's liability exposure and compliance!

A dangerous liability situation that motor carriers can find themselves in is when a driver operating a commercial motor vehicle has another part-time job unbeknownst to the motor carrier.  It is not until there is an accident or an on-site compliance review that the motor carrier becomes aware of the situation and finds that the driver is in noncompliance with the hours of service regulations placing the motor carrier in a grave liability situation as the outside part-time work is compensated.  As defined in CFR 395.2 (9) under definition of “On duty time”, performing any compensated work for a person who is not a motor carrier.
How does the motor carrier protect itself from this exposure?  Consider this.  Have all of your drivers sign a statement upon hire indicating that they do not currently have any other employment that they are being compensated for?  Also include in the statement that if they incur compensation for any work outside of their employment with your company that they will immediately inform their supervisor and will be required to document the hours on their hours of service documentation, either a grid log or time record as “On Duty” time.  Have the driver sign and date the statement and maintain in the driver’s qualification file.  Click on the following link to see an example of the Driver’s Certification of other Compensated Work statement.