Recent Legislative Changes Impact on Commercial Drivers. Employers Beware!

     Companies should be aware of the tightening noose recently placed around the neck of those holding commercial drivers’ licenses in Ohio.  If you’ve followed various articles placed in this newsletter, you are aware of the potential liability of owners of companies who hire and retain drivers having poor driving histories, especially those convicted of driving while intoxicated.

    By reading those articles, it is apparent Ohio has promulgated one of the nation’s toughest DUI laws.  The loosening of pre-test requirements and harsher sentences to offenders have produced a draconian burden on anyone having alcohol in their system while driving.  First time offenders are subject to a minimum of three days in jail or a mandatory three-day alcohol intervention program, mandatory license suspension, and large fines.  If the offender has additional violations within a six-year period these penalties are enhanced dramatically (See Figure A).  In the event an offender has four or more offenses in a six-year period, the offense becomes a Felony - a major crime in Ohio. 



DUI Penalty Summary in Ohio (Minimums) - Figure A

No.   Jail Time Fine License Car 

6 Yrs                                            Suspended  Immobilized

 1      3 days or DIP* $375      6 Months    None

 2      10 days       $525      1 Year      90 day Immob.

 3      30 days       $ 850     2 Years     Car Forfeiture

  4**  60 Days - Local $1350     3 Years    Car Forfeiture

 5     60 days - Prison $1350    3 Years     Car Forfeiture

* Three-day Driver Intervention Program

** Four or more convictions are Felonies

     If the offender has a breath-alcohol reading greater than .17, all penalties are doubled!  For example, if it is the offender’s second conviction in six years and he had a reading of .17 or greater, he will be incarcerated for twenty days, double the ordinary time.

     After a term of actual suspension, when the offender is given no driving privileges (known as “hard time”), an offender may apply to the court for limited driving privileges during the period of the offender’s suspension (See Figure B)

    While these penalties appear to be draconian, the consequences to an individual having a Commercial Driver’s License (CDL) are even more severe.  Historically, if a commercial driver was intoxicated while driving his commercial vehicle, the offender suffered a CDL suspension of one year - without any privileges.  There was no provision for limited driving privileges.  

 

Actual Suspension Provisions for Limited Driving Privileges - Figure B

No. In 6 Years May Apply for Limited Privileges After*

        1                              15 days

        2                             45 Days

        3                             180 Days

        4                               None

         5                               None

*Known as “Hard Time,” the offender may not drive for any reason for the period set forth.

    Therefore, a CDL offender could not drive any vehicle, car, truck, bus for one year.  Basically, he could not be employed as a commercial driver for one year.  It is important to note that the offender had to be driving a commercial vehicle at the time of the offense.

    Recently, the Ohio legislature amended its commercial drivers license statute relating to DUI offenders.  As stated previously, O.R.C. 4506.16 contains a prohibition against those driving under the influence.  This provision was expanded by eliminating any referral to a commercial vehicle.  Therefore, any violation of DUI, whether in a commercial or private vehicle, requires the Ohio Bureau of Motor Vehicles to revoke the commercial driver’s license of any offender found guilty of operating a vehicle under the influence for one year.  This statute provides no relief or provision for limited privileges.  The bottom line is any person holding a commercial driver’s license in Ohio is essentially out of work for one year if they make their living driving a commercial truck, cab, bus or other vehicle which requires a CDL.  By the way, a second offense disqualifies the offender for life!

    Beside the fact that an employer may lose a valuable employee, there are other consequences.

Companies have been held liable for consequential, and in some instances, punitive damages for injuries caused by an employee who the employer knew or should have known was driving under the influence or who allowed the employee to drive without having a CDL. In some cases, insurance companies have denied coverage under these circumstances.  In addition to possible third-party liability, there are worker’s compensation issues as well as Federal OSHA standards that may be at issue.  Any accident caused by an offending employee could have grave consequences to the employer.

   To prevent this, employers must continually conduct insurance audits for any employee or prospective employee that will drive a commercial vehicle or will do any driving on behalf of the company - whether or not a CDL is required.  At the time of hire, and on a yearly basis, the employer should make a review of its employees’ driving record making sure all licenses, including CDLs, are current and valid.  Companies should obtain waivers from their employees permitting the company or its agent to conduct driving record searches to review employees’ driving records.  Companies should require their insurance agent or carrier to make their own evaluation and notify the company in the event any employee is not covered.  I remember a client who suffered a $50,000 increase in workers’ compensation premiums due to an employee’s accident and consequential WC claim.  Companies must be very diligent in this area.