\u201cWhen a vehicle is supplied by an employer for the mutual benefit of himself and his employee to facilitate the progress of the employee\u2019s work, employment begins when the workman enters the vehicle and ends when he leaves it on the termination of his labor.\u201d This statement is an exception to the general rule that coming to or going from work is usually not considered to be work within the scope of employment. However, if an employer furnishes a company owned vehicle to an employee for his use to come to work and be on call for the master\u2019s business 24\/7 either via a radio, dispatch system, cell phone or other type of communication device, then in that event, a jury question is present as to whether an employee coming to or going from work is acting within the scope of his employment.
\nIf an employer allows an employee to take a company vehicle home every evening so that it will be available for the employee to perform his duties on an expedited basis the very next morning or if the employee\u2019s truck is furnished with a two-way radio, as an example, where the employee is subject to the direction and control of his supervisors whenever they wish to communicate with him, and\/or if the employer furnishes fuel and provides the truck for the mutual benefit of both the employer and employee, under any of these circumstances, there may be an exception to the general rule that an employee typically is not working for his employer until he arrives at the office.
\nMost of the cases that deal with an employee coming and going to work do not deal with employees driving company vehicles. Under Georgia law, if an employee is involved in an accident while driving an employer\u2019s vehicle, a presumption arises that the employee was on the business of the master. The burden is upon the master to show that the employee was not. If the truck was furnished 24\/7 so that the employee would be available for call and\/or available to the employer and\/or if the vehicle is used as a rolling billboard or advertisement for the employer\u2019s business, then clearly under such circumstances, the vehicle is being used both for the benefit of the employer and the employee.<\/p>\n