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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 30808
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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My employer is asking for copies of Drivers License and Auto

Resolved Question:

My employer is asking for copies of Driver's License and Auto Insurance to drive a golf cart on private property. Is this legal?

I work in California as a security guard. The company who owns the large facility we are under contract to protect is about to purchase a golf cart specifically for use by security while patrolling the facility. My security company does not own the facility or the cart, yet is demanding copies of driver’s license and auto insurance from all guards to use the cart. This has me confused. I already furnished them a copy of my driver's license for the background check when I was hired. My Auto Insurance is just for my personal vehicle, and I am not about to accept liability for a company vehicle, so why would they need it? Is it legal for my company to ask for this information on the behalf of the client my company holds contract with?

We also have a few guards working for the company who do not have driver's licenses, as they prefer to bike to work. Will they be able to use the golf cart if the client deems it necessary in order to perform our contracted duties? I have checked the California Vehicle Code, and can not find a license or insurance requirement for golf carts. The main facility is fenced private property with access control. There is also a privately owned parking lot with limited public access which is on the security patrol, as are a few buildings also owned by the client located across a cul-de-sac from the parking lot.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

The Vehicle Code would normally be irrelevant to this situation as it is within the discretion of the employer and the customer to require that individuals driving the cart are licensed drivers who are insured as a term or condition of employment on this contract.

Providing such information does not make the guards/employees liable for any damages that are sustained, but apparently represents assurances the customer is requiring from the employer that the employees are qualified based on their own standards.

If the customer requires this information as a condition of permitting employees to drive the cart, then they can refuse to permit individuals who cannot or do not present such proof to use the carts/work for the customer.

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Tina, Attorney
Satisfied Customers: 30808
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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