Steering Clear of Liability: Motor Vehicle Report Checks for Employee and Student Drivers

Employees and students who drive on behalf of your K-12 school, college, or university may help expand the services, experiences, and opportunities your institution can provide. But they also may increase your institution’s liability.

Ignoring bad driving records can be regarded as reckless or grossly negligent conduct that could lead to punitive damages. To avoid liability, conduct motor vehicle report (MVR) checks on your institution’s drivers to ensure the drivers have good driving records.

This report provides components of a sound policy and explains how to apply your policy.

• Comprehensive MVR policies for students and employees should include institutions’ procedures for conducting reviews, minimum requirements drivers must have before driving for institution-related activities, and institutions’ expectations for minimum performance in driving-related positions.
• When broad application of an MVR policy might prove too difficult to manage administratively and impose a significant financial burden, tailor the policy so it covers drivers at higher risk for a crash.
• Employers need an employee’s consent before they can review the employee’s MVR.