Employers who have company vehicles should follow the principles of fleet safety and take steps to prevent the likelihood of injuries, lawsuits, or other costly events.
Have a Driver Safety Policy
Create a driver safety policy for your employees. It should include:
- Safe vehicle operation
- Seat belt use
- Prohibited activities, like using a cellphone while driving or driving under the influence of drugs or alcohol
- Reporting any crash, theft, or damage
Provide regular training on defensive driving techniques. Technology such as telematics or dashboard cameras can help ensure that drivers comply with safety policies and can potentially be helpful in the event of a dispute. However, these can create privacy concerns for employees and need to be discussed with them before installation.
Screen Drivers
Employers need to ensure that employees are legally able to drive, even if employees are using their own vehicles for work purposes.
If your company relies on drivers to provide services, deliver products, set up events, or complete other tasks as a regular part of operations, screen drivers as part of your hiring process. Do thorough background checks, review driving records, and make sure driver’s licenses are valid.
Federal Motor Carrier Regulations
The Federal Motor Carrier Safety Administration (FMCSA) outlines who needs to comply with federal motor carrier and hazardous material regulations. Most of those regulations also apply at the state level. The regulations for employers and drivers can be complicated, but in general FMCSA says they apply to “a self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
- Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, greater than 10,000 pounds – whichever is greater.
- Is used to transport hazardous materials, which are typically materials identified under the Hazardous Materials Transportation Act of 1975 or designated as such by the transportation secretary. If so, the vehicle may need a placard.
- Is designed or used to transport nine or more passengers – including the driver – for compensation.
- Is designed or used to transport 16 or more passengers – including the driver – not for compensation.”
A GVWR is the maximum amount of weight a vehicle is designed to carry, including the weight of the vehicle and any cargo or passengers. A GCWR is the maximum weight the vehicle is designed to carry with any passengers or cargo and a trailer combined. You can find both ratings on your vehicle’s door plate.
Regulations and Licensure
Hazardous material regulations also need to be considered. If your landscaping company is hauling a backhoe that has fuel in it, it falls under hazardous materials regulations and would require a higher insurance policy limit.
Ensure drivers have correct licensure. There are three classes for commercial driver’s licenses that may apply for your business. You can contact your insurance company to learn more about how to navigate regulations. Make sure company vehicles are well maintained and be vigilant about driver safety.
If you or a loved one has been injured, contact the Schuerman Law office today. Schuerman Law has been working with personal injury claims for over 40 years. John Schuerman will compassionately advocate for injured individuals as well as their families while fighting for full compensation of their claims. Schuerman Law offers evening and weekend appointments in addition to home and hospital visits. Schedule a free consultation today by calling 1-800-274-0045.
