3 Reasons Why Driving Records Are Not Enough
Driving Records pulls for driving are similar to the payphone, floppy discs, and dial-up Internet are obsolete. Fleets can get annual driving records. You can pay to access the Internet by using a landline phone. However, why would you pay for it when better and more modern options are?
Many fleets aren't aware of the need for constant MVR monitoring. It's time to eliminate the confusion and switch the buggy and horse for an intelligent, smarter MVR solution.
Driving Records A Snapshot In Time
1. Too little too late
Fleets are available in all sizes and shapes. However, their practices are all the same. A majority of them pull driving records just once every twelve months. It may seem good in theory; however, what happens for the rest of the year? How can a business ensure that its employees behave properly without constant monitoring of records for drivers?
"If the trucking company fails to receive the necessary information, or gets it but doesn't use it, or doesn't even acknowledge it, or doesn't know the importance, the chances are that it'll be traceable," said James Franklin, an attorney with McNees within the Transportation, Distribution & Logistics group. His practice includes litigation involving accidents along with regulatory compliance.
"If something is missing," he added, "if the driver's history suggests that they might not be a safe driver, it's something an attorney for a plaintiff can try to resolve as an argument."
Over 60% of surveyed drivers admitted speeding in red-light traffic and texting in the car. Some of these drivers might end up operating commercial vehicles. How can a fleet ensure that it doesn't hire people from this group without an appropriate driver record monitoring system? Fleets can prevent negligent hiring by conducting annual driving record searches.
2. Being unsure is not an excuse.
"There are a few situations where claims can be brought against the trucking company based on the direct cause of action: negligent trust, negligent hiring, and retention," Franklin added. Franklin.
In the event of negligent entrustment, it is considered that the company was aware or ought to have known about the issue but let the driver operate the vehicle regardless. According to the theory of negligent hiring, the company shouldn't have employed the person initially. Similar to negligent retention, it occurs when a company does not dismiss a poor employee.
"Vicarious liability isn't an actual negligence claim but rather, it's vicarious," Franklin explained. "You as a trucking business are accountable - not because you committed something wrong, but because someone else for who you're accountable (i.e., your employee/truck driver) was negligent. Their negligence contributed to an accident."
3. The effort you put into it does not equal the results.
Certain managers might be enticed to stick to the most basic possible guidelines. However, it's both hazardous and risky to follow an approach based on checking boxes for driver safety. Furthermore, if there isn't continuous MVR surveillance, fleet owners will not have access to regular driver's license suspensions and violations, which could lead to devastating accidents and costly lawsuits.
"There are also issues caused by issues with Federal Motor Carrier Safety Administration when a transporter isn't conducting the necessary background checks on a driver," Franklin warned. "That could result in an issue with regulatory compliance."
Companies today have access to endless amounts of data that provide new information about hiring and rehiring prospects. If they don't use that data, link the dots between the various sources, and create an effective driver safety program, all the information will be wasted. It's time for fleets to get involved and find a company that can provide them with better solutions to track their drivers frequently.
Updated on 2023-01-19 09:10:49 by larry coleman