Are carriers liable for the actions of their employees even though the carrier contends that it did not require or permit the violations to occur?
Hours of Service Maximum Driving Time
§395.3 Maximum driving time for property-carrying vehicles.
Guidance Q&A
Question 8: Are carriers liable for the actions of their employees even though the carrier contends that it did not require or permit the violations to occur?
Guidance: Yes. Carriers are liable for the actions of their employees. Neither intent to commit, nor actual knowledge of, a violation is a necessary element of that liability. Carriers “permit” violations of the hours of service regulations by their employees if they fail to have in place management systems that effectively prevent such violations.