O/O Guest Rider Permission Form
Discussion in 'Ask An Owner Operator' started by Kansas, Oct 30, 2010.
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I had to get one for my wife which cost me $ 60.00 a year, pretty cheap.
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If you carry RIDER INSURANCE, then why would you need an "indemnification clause"? Isn't the rider insurance itself supposed to cover accident/injury while riding aboard your rig.
The potential issue comes in, with the rider actually doing ANY WORK. If they fall off your skateboard while assisting you in throwing tarps - they are an EMPLOYEE. A rider has to be a SPECTATOR - or you need to INSURE THEM against work related injuries. Otherwise, your "rider" could potentially end up being your BOSS (unless you're married to them, then they ALREADY HAVE that job description).
Similarly, many companies will not allow a "rider" to have a CDL-A - as they're concerned you may allow them to take the wheel - probably a very valid concern at that.
As an O/O, it's probably important to keep ANY documentation (break letters, personal conveyance letters, rider letters) onboard - strange as it seems. Better to have a couple of pieces of paper in your file-folder, than get stuck with some Barney Fife trying to get them printed/faxed/emailed when stopped at a coop on line 4.
Rick -
Two different issues here. Insurance companies require a "rider clause" to be paid (only a few dollars per year, GET IT!) its good to have because you never know when you may pick up a stranded driver in a snowstorm or pick up your mother in law at the airport. The insurance company wants to know that you do not have a lumper or co-driver in the bunk without paying workmans comp. Most policies pay up to 10K hospitalization but will NOT cover you being sued by the person if they are hurt.
The other issue is 392.6. The reason is because FMCSA wants you to sign for and attest to the fact that you are not being paid to have a person in your truck. That would make you a bus driver and you would need a "P" on your CDL, you would need "passenger carrying" on your DOT,... on and on and on and on..... -
My greater concern (as an O/O) would be the potential liability associated with a passenger getting injured. Like say, not doing the "3 points of contact thing" getting in/out, slipping and breaking their neck or splitting their head open - then looking to "own you" for their own negligence.
No matter how good a "friend" they are, the opportunity for a "score" wins out most of the times (and in the case of a small O/O, at the expense of their life savings and equipment - yet another reason to have a Sub-S or LLC, and not a sole proprietorship. I would much prefer to be "injured" by a commercial vehicle, knowing that they have 1 Mil in liability, than by a POV, knowing they may only have 25/50 or worse (if they're even insured AT ALL).
Rick -
talking with a safety guy yesterday, his biggest concern for the company is that the driver become distracted.
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