Driving for Work: US

This Driving for Work policy sets clear, practical rules for employees who drive on your organization's behalf, whether they're using a company vehicle or their own, and it's designed as a nationwide best-practice policy. Driving for work is impacted by both everyday safety expectations and legal risks, including accident liability, insurance requirements, wage and hour considerations like reimbursable business expenses and travel time, and state-by-state rules on distracted driving and vehicle operation. A well-written policy helps employees know what's expected before they get behind the wheel.

The History Behind Driving for Work Policies in US

When it comes to Vehicle Use & Driving at work, courts have long applied the doctrine of respondeat superior, which lets an injured third party pursue an employer when a crash happens within the scope of employment. Employers also started paying closer attention to negligent hiring, negligent retention, and negligent entrustment claims, where a plaintiff argues an employer should not have put a particular driver behind the wheel in the first place.

 

Insurance markets pushed the practice even further. Auto carriers began expecting employers to verify license status, check motor vehicle records, and set clear rules on who can drive and what vehicles can be used, because those steps affect underwriting and coverage decisions. Good risk managers also know that "personal vehicle for work" still creates employer exposure, even when the title and the insurance card are in the employee's name.

 

Technology and safety laws did the rest. States rolled out seat belt mandates and then distracted driving laws, including handheld phone bans and texting prohibitions, and employers got pulled into the story when crashes happened during work calls or work texts. The growth of sales teams, home health, field service, and gig-style dispatching made driving time feel like work time, so employers started putting in writing what they would not ask employees to do on the road, and what they expected from employees.

Which Law is the Driving for Work Policy Meant to Comply With?

There's no federal law that specifically requires a Driving for Work policy for US-based employees. You should consider this policy because it's a common best practice that answers employee FAQs and sets clear expectations (if you have employees who drive for work) and/or it's a topic that's regulated in many states, so employers often use one company-wide policy that meets or exceeds the toughest state requirements.

How to Write a US-Specific Driving for Work Policy

  • Start with "why" and describe how safety is a priority at your organization.
  • Require a valid driver's license and an acceptable driving record to drive for work.
  • Require employees to promptly report changes to their license status or driving history.
  • Reserve the right to reassess driving eligibility.
  • Require employees to carry their driver's license while driving for work.
  • Set expectations for safe driving and compliance with traffic laws, including seatbelt and cellphone rules.
  • State that employees aren't expected to use a phone while driving and are responsible for any driving-related penalties.
  • Limit use of organization-owned vehicles to authorized employees.
  • Require appropriate insurance and safe driving practices when employees use personal vehicles for work travel.
  • Address whether mileage reimbursement may be available.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets US's requirements), you may not need a separate policy here. 

Other Considerations

The law applies to US employers who have at least 1 employee in the US.

Exceptions

If nobody at your organization drives for work, you don't need this policy.

Model Policy Template for a Driving for Work Policy

Driving for Work

Some {​{​Organization Name​}​} {​{​employees​}​} may be expected to drive as part of their job responsibilities. To ensure your safety and the safety of those around you, follow these guidelines when operating a vehicle for work.

To drive for {​{​Organization Name​}​} business, you must have a current, valid driver’s license and a driving record that allows you to operate a vehicle in accordance with our insurance and safety requirements. Let your {​{​manager​}​} know immediately if anything changes with your license or driving history, as it may affect your eligibility to drive for work. Driving eligibility may be reassessed at any time. Always carry your driver’s license when driving.

 

We expect you to drive safely at all times and follow all traffic laws, including those related to seatbelt use and cellphone restrictions. {​{​Organization Name​}​} does not require or expect you to use your phone while driving. You’re responsible for any penalties you incur for unsafe driving or distracted driving.

 

{​{​Organization Name​}​} vehicles may only be used by authorized {​{​employees​}​}. If you use your personal vehicle for work-related travel (such as visiting clients, traveling between worksites, or attending off-site meetings or trainings), you must maintain appropriate insurance coverage and follow all applicable safety guidelines. You may be eligible for mileage reimbursement; talk with {​{​the HR Team​}​} for details.

Reminder

The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.