Discriminatory?
Road Master
Joined: Oct 2006
Posts: 832
Likes: 6
From: Vermont
My company does not prohibit motorcycle use provided it's on my personal time. Therefore, there is no problem riding it to and from work (a nice concrete motorcycle pad is provided). I can also ride the bike for company business as long as it's considered personal time, meaning I don't get compensated for travel time, tolls or mileage that I would otherwise receive if I used a private auto with at least the minimum insurance coverage required by the company.
The insurance provider - not our company - is causing the restriction. I know, demand that management change insurance companies... I don't have a problem with the policy. Yes, I have used the scoot for travel and bypassed the bennies.
The insurance provider - not our company - is causing the restriction. I know, demand that management change insurance companies... I don't have a problem with the policy. Yes, I have used the scoot for travel and bypassed the bennies.
Outstanding HDF Member
Joined: Aug 2008
Posts: 2,951
Likes: 6
From: Kingman, AZ
Might try to quietly find out motivation. If some VP lost his girl to a "biker" type, go for the protest. However it is more likely your companies insurance had a big loss elsewhere and made this a condition to hold the rates down. Even though not-on-clock getting there, if something happens liability kicks in.
Got to love our tort law system. Bean counters, attornies and accuaries(sp?) rule!
Got to love our tort law system. Bean counters, attornies and accuaries(sp?) rule!
Road Warrior
Joined: Jul 2006
Posts: 1,643
Likes: 1
From: Allen, Texas
Tough ******* man. They are legally responsible for you while traveling on company business so you follow their rules. What if you were a small business owner and you sent someone out. You would want to play the percentages too. Would you want to take a chance on losing your business in a lawsuit.
Extreme HDF Member
Joined: Nov 2007
Posts: 10,788
Likes: 2,222
From: Texas
Tough ******* man. They are legally responsible for you while traveling on company business so you follow their rules. What if you were a small business owner and you sent someone out. You would want to play the percentages too. Would you want to take a chance on losing your business in a lawsuit.
Road Warrior
Joined: Feb 2009
Posts: 1,519
Likes: 2
From: St. Augustine Florida
This is illegal!! Great law suit!
Outstanding HDF Member
Joined: Jul 2006
Posts: 2,380
Likes: 9
From: Texas
My company just posted a ban on the use of motorcycles in travl related to company events; they based this against work comp law and to "protect' themselves against loss and are set to discipline accordingly. We as riders at work see this as a pre-ban move to stop us from riding at all to work or on our own time. Anyone else have this rule at work? We are challenging it.
'03 Anniv RK Monsters, Fuel Pak, Mustang 2pc, DCC fairing, Wild 1 RKII bars and a whole lotta fun!
'03 Anniv RK Monsters, Fuel Pak, Mustang 2pc, DCC fairing, Wild 1 RKII bars and a whole lotta fun!
Unless providing your own transportation was a condition of your employment, they would have to provide you a vehicle to drive if you did not have access to an appropriate vehicle. Sounds like something else is in play here. Have there been any large claims lately, or is the company having financial problems and trying everything to reduce expenditures?
Road Warrior
Joined: Feb 2009
Posts: 1,519
Likes: 2
From: St. Augustine Florida
I can understand this since they most likely carry insurance covering you at work. You would have to check your state's workers comp laws to see if this is truly a fact. I do know your company's workers comp rates will go up really fast, and they come down really slow.
Unless providing your own transportation was a condition of your employment, they would have to provide you a vehicle to drive if you did not have access to an appropriate vehicle. Sounds like something else is in play here. Have there been any large claims lately, or is the company having financial problems and trying everything to reduce expenditures?
Unless providing your own transportation was a condition of your employment, they would have to provide you a vehicle to drive if you did not have access to an appropriate vehicle. Sounds like something else is in play here. Have there been any large claims lately, or is the company having financial problems and trying everything to reduce expenditures?
Tourer
Joined: Oct 2006
Posts: 362
Likes: 1
From: Corpus Christi, Tx
IMO, these are two very separate scenarios:
1) the company has the right to limit their liability (in some instances, it's required by law ie: OSHA reqs). They can enforce a "no riding on company time" policy.
2) the company does NOT have the right to tell you how you get to work. STILL, some companies have banned smoking based on health-related issues. Those companies have even threatened to terminate individuals who smoke in their cars on company property. So, if a company deems motorcycles a threat to your health, they could ban them from the parking areas. That would make for an interesting case.
I don't see how you can successfully argue #1, though. The laws allow for a good deal of leeway with regards to a company's protecting themselves by limiting their own liability.
Since #2 hasn't occured yet, it's a bit preemptive but I'd sure want to know if anyone encounters and beats a case like this (I know the smokers couldn't beat it).
1) the company has the right to limit their liability (in some instances, it's required by law ie: OSHA reqs). They can enforce a "no riding on company time" policy.
2) the company does NOT have the right to tell you how you get to work. STILL, some companies have banned smoking based on health-related issues. Those companies have even threatened to terminate individuals who smoke in their cars on company property. So, if a company deems motorcycles a threat to your health, they could ban them from the parking areas. That would make for an interesting case.
I don't see how you can successfully argue #1, though. The laws allow for a good deal of leeway with regards to a company's protecting themselves by limiting their own liability.
Since #2 hasn't occured yet, it's a bit preemptive but I'd sure want to know if anyone encounters and beats a case like this (I know the smokers couldn't beat it).
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Seasoned HDF Member
Joined: Jan 2006
Posts: 11,463
Likes: 2,990
From: Charleston, SC
You have to attend and pass a base sponsored MSF course before you can ride a bike to work (on base). You just can't show up at the gate.
A license and insurance are not enough.
Even though it's kind of a hassel to go through it's good to know that Everyone on base on a bike has had some form of training...
I know this is nothing like the private sector. Just sayin. Us DoD/Military guys are pretty much used to not having any rights. Just part of the job. No biggie.
lp
Tourer
Joined: Oct 2006
Posts: 362
Likes: 1
From: Corpus Christi, Tx
Rgr that. I just meant that #2 had not occured yet with regards to the original post (he only speculated that it was a future concern).