What if your company is sued over a vehicle-related problem caused by an employee driver? If this should happen, it is important to know that subsequent legal decisions may be based on prior precedents and exceptions you have made to your company vehicle policy. You may potentially create a new problem by making an exception in resolving a driver-related problem. The last thing you want to do is to create a new problem in the course of resolving it, and the surest way to do so is to make an exception to your company’s vehicle usage policy. An attorney can tear the most carefully developed fleet policy to shreds upon discovering the first precedent-setting exception and using it to argue negligent entrustment of a vehicle or negligent retention of an employee driver. It is extremely important that the rules governing the withdrawal of a company vehicle privilege be uniformly enforced for all employees. You should not set precedent by allowing exceptions, even if it involves a star salesperson or senior corporate officer. If your company becomes embroiled in litigation involving a company vehicle because of a problem driver, these exceptions and prior policy precedents will be used against you.
Ensure Drivers Are Aware of Vehicle Use Policies
As the fleet manager, it is your responsibility to establish policies governing company vehicles and communicate these fleet policies to employee drivers. Each of your drivers should know the rules governing the use of a company vehicle. Not only should your drivers be aware of these rules, but they must also understand what actions will be taken for non-compliance. Your drivers need to understand the circumstances under which the company may revoke the use of a company vehicle. In extreme situations, you will be responsible to withdraw a problem driver’s privilege of using a company vehicle. Some reasons (but not all) for withdrawing the company vehicle privilege are:
