Do any of your drivers have a part-time job outside of your company? If you don’t know, you should find out. Motor carriers that unwittingly employ drivers that receive compensation from other commercial vehicle outfits can also be inadvertently violating hours of service regulations. Too many motor carriers only become aware of this dangerous situation when an onsite compliance review or accident occurs, and, by that time, the financial repercussions can be significant.
Any compensated commercial vehicle operation is considered in a driver’s hours of service by FMCSA officials, regardless of whether those hours are logged with one motor carrier or spread between two or more carriers. This means that fleet owners and managers who unknowingly employ drivers with other jobs are still liable for hours of service violations during compliance reviews, which can result in fines. Moreover, motor carriers will be held liable for any accidents that occur involving their vehicles under the operation of drivers that are violating hours of service regulations.
To avoid fines and minimize risk of liability, motor carriers should, as a term of employment, ask their drivers to sign a statement that they will report compensated hours logged with outside carriers in their hours-of-service documentation. These signed statements should be retained in the driver’s qualification file.
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