Why a Driver Safety System – Pt. 3

Choosing the Right Program
Aug 28/2018 Published by: Lytx Lytx Telematics

A smattering of questions across a variety of topics have led to this blog posting. Let me know if I haven’t hit any of your concerns in this, or my previous two postings.

I was talking with a driver recently and he asked about who owns the video. The video is the property of your company. This is as an extension of their ownership of the vehicle and the equipment within the vehicle, as well as your company’s right to monitor the workplace.

And for those who are wondering, police and insurers do not have legal right to the video data. Once again, the video is the property of the vehicle owner. Police must get owner consent for access to the data. Without consent, they would need to get a court order for data access. The police do have the right to impound your vehicle, so it’s possible that they may have control of the event recorder, yet no right to access the data on it. Due to the way the data is secured, police still won’t be able to access the data without owner assistance. The owner would not be required to do this unless a court order existed.

Insurers follow the same parameters with two exceptions: They have no right to impound the equipment and some insurers may be able to access their policyholders’ data due to contract provisions. However, some states prohibit the contract from requiring policyholders to consent to access so it’s a state-by-state issue.

If you’re involved in a traffic collision, our recommendation is that your current company guidance remains the same. There’s no reason to volunteer the existence of the video to other parties. When, and if necessary, your company will divulge the existence of video.

There have also been some questions concerning policies. To be certain, it is DriveCam’s recommendation that our program does not create any new policies. It’s a tool to help improve driver performance, safety and ensure compliance with existing company policies.

Consequently, any behaviors that are identified through DriveCam that are already addressed by existing company policy as undesirable will follow the exact same disciplinary procedures already in place. Concerning driving behaviors that do not have already prescribed company follow up actions will be treated as driver improvement opportunities (our recommendation).

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