Ask legal experts to answer: What legal matters should be paid attention to when recruiting "drunk drivers"?

Drinking and driving are basically "stragglers"

Speaking of driving behavior, Mr. Wu, who runs a driving training school in Haidian Island, Haikou City, told reporters that their driving school also provides "driving" services, but not for these drunken short-distance drivers. Their clients are usually long-distance vans. Mainly because the salary of drunk driving is very low, and before the crackdown, the market of drunk driving was not large, and it was only "rising" during the crackdown.

Regarding whether to consider developing and expanding the "drunk driving" service, Mr. Wu said that it should comprehensively consider factors such as industrial and commercial registration, price charges, whether the drunk driving crackdown will continue and the standardized management of relevant departments. Mr. Wu said that they are all watching this "emerging" service project because they don't know whether the relevant departments have strict management regulations.

The reporter searched online for a company providing "driving on behalf of others" service in Haikou, and was told by a telephone reporter that their company's "driving on behalf of others" business is only driving tourists or other ways, excluding drunk driving.

In the interview, the reporter learned that most of the drunk driving services in Haikou are directly provided free of charge by some hotels, and some enterprises have initiated voluntary drunk driving support, as well as self-employed or driving school sparring and other part-time jobs engaged in paid drunk driving services.

At present, Haikou traffic police department will provide driving training and other related business guidance for hotels in Haikou. From this perspective, the drunk driving service provided by the hotel is more formal.

Industry insiders call for industry norms.

On September 3, the reporter learned from the Vehicle Management Order Section of the Provincial Traffic Police Corps that the provincial traffic police department has no management regulations related to the driving service at present. In actual work, if there are traffic violations caused by drunk driving, the traffic police department will still deal with them in strict accordance with the existing regulations.

"If the relevant departments have detailed management regulations, we hope to become a' regular army' on behalf of the driver and open the door to do business." Mr. Wu said that the standardization of driving service is to clearly define the division of responsibilities, and to clearly deal with the property in the car and the traffic accidents that occur while driving.

It is understood that in 2007, the Traffic Management Bureau of the Ministry of Public Security issued a notice to punish drunk driving and promote driving service, but so far no relevant management regulations have been issued for this business. In an interview with reporters, many driving school managers called on the relevant departments to introduce industry norms as soon as possible and formulate access standards to reassure service providers and customers.

Lawyer reminds:

Legal problems that may be caused by driving on behalf of others

In view of the current situation of severely cracking down on drunk driving traffic violations, volunteers, good people help and enterprises initiate voluntary driving. Lawyer Chen of Haikou Dajiangshan Law Firm said that the caring behavior of these volunteers, well-intentioned people and even enterprises is morally worthy of recognition, but the behind-the-scenes interests of driving, the driving level of drivers and the determination of responsibility in the event of traffic accidents are also issues that people have to consider.

Lawyer Chen reminded that in the event of a traffic accident on behalf of the driver, both the owner and the driver should bear joint civil liability for compensation, and the driver who violates the criminal law in a vicious traffic accident should also bear criminal responsibility. Lawyer Chen said: "Therefore, to standardize the management of the industry, we need to make strict regulations from the aspects of driver technology and responsibility identification, so as to standardize the driving and training market and let drivers and friends safely hand over their cars to others." In reality, in addition to private drivers and professional drivers, hotels, relatives and friends are also common drivers. What's the difference between the responsibilities of different drivers?

Hu Yongjun, a lawyer of Zhejiang Haitong United Law Firm, said that from a legal point of view, the above four kinds of driving behaviors will form a contractual relationship between the driver and the client. If a traffic accident occurs on behalf of the driver, it shall be handled in accordance with the traffic accident handling method, and the responsibilities of both parties to the accident shall be confirmed first.

If the driver is fully responsible for the traffic accident and the accident car is insured, the insurance company should pay compensation first (the insurance company can recover from the faulty driver); If there is no insurance, the responsibility will be borne by the driver.

If the accident causes personal injury to others, and there is no insurance or insurance difference, the driver and the owner should bear the liability for compensation first, and then determine their respective responsibilities according to the internal agreement between the two parties.

No matter what kind of driving, it can be divided into two situations: paid driving and free driving. In the case of payment, the driver has the obligation to safely deliver the customer to the agreed place. The difference is that in driving companies and hotels, drivers are appointed by the unit to drive, which is a job behavior. It is not the driver but the company that bears the responsibility for traffic accidents.

In reality, in order to attract customers, some hotels often provide free drivers, but this should be regarded as an extension of hotel catering services, and for customers, it is a continuation of consumption behavior. Therefore, if there is a traffic accident on behalf of the driver, the hotel should bear the same responsibility as the driver company.

Relatives and friends who are invited to drive are generally free to help, but if there is intentional or gross negligence, the client can ask them to bear the corresponding liability for compensation. What if something happens?

First of all, let's talk about the paid driving of taxi drivers. In this case, the drivers themselves have to bear the liability for compensation, and so do the owners who are driven by them. As for the scope of the owner's liability, according to the relevant provisions of the relevant documents of Tianjin Higher People's Court, it can be considered to be limited to the value of the vehicle. For the driver, he forms a contractual relationship with the driver (similar to an entrustment contract). If he assumes the responsibility, he can definitely ask the driver for compensation based on the contractual relationship.

Secondly, let me talk about the issue of "appointing drivers". Such behavior is actually similar to the "helper" behavior stipulated in Article 13 of the Supreme Court's judicial interpretation on personal injury compensation. Under such circumstances, if the driver is at fault, he must bear the liability for compensation, and the owner should also bear the responsibility appropriately.

The third case is the driving provided by the hotel. From the actual situation, although this kind of driving is free, in fact, if the guests just order fast food in the hotel, it is impossible to enjoy this kind of driving. Obviously, this service is not provided unconditionally, but is actually paid. Therefore, at this time, a contractual relationship was formed between the hotel and the drinker driven by the driver. The name of this kind of contract is not directly stipulated in the Contract Law, but it is similar to the passenger transport contract. In the event of an accident, the hotel shall be liable for compensation (the driver on behalf of the driver is irresponsible for his duties, and the responsibility between the driver and the hotel will be resolved by himself). Of course, the injured party can ask the owner to take responsibility based on the ownership of the car. If the owner compensates the injured, he can definitely ask the hotel to bear the responsibility.

Fourth, regarding the agency, although we haven't seen similar cases yet, theoretically speaking, the agency should be liable for compensation in the accident. As for the owner, according to the current law, he must also be responsible for the injured party. However, if the owner assumes the responsibility, he can recover from the driving company according to the driving contract afterwards.

Fifth, regarding the designated driver of the leader, if such activities are organized by the unit, reflect the will of the unit and are related to work, although they are "meals", they should also be regarded as working hours. In the event of an accident, the unit shall compensate the other party for the loss. If the employees of the unit are injured, they shall be deemed as work-related injuries according to Item 6 of Article 14 of the Regulations on Work-related Injury Insurance, and the social security center shall compensate them or the unit.

According to the current actual situation, in order to protect the legitimate rights and interests of the parties and help the traffic police department to investigate the accident, it is suggested that all parties on behalf of the driver sign the relevant "Driving Agreement" to clarify the relevant obligations and protect their legitimate rights and interests. Of course, cracking down on drunk driving should not be a temporary move, but should form a mechanism. Relevant departments can formulate some normative documents on driving services, formulate relevant insurance clauses and adjust driving-related behaviors, so that you can have a chance to drink more safely.