Do You Have a Driver with Other Outside Compensated Work?

May 17, 2021Idealease, News, Safety, Truck Driver Safety

With ELD’s now in full swing, motor carriers feel that their hours-of-service violations have now been completely taken care of. However, there is one area of compliance that the ELD does NOT address, and that’s 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 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 signed 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.  Below is an example of the “Driver’s Certification of other Compensated Work Statement”.  You can find the download the document here.

 

Driver Certification for Other Compensated Work

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