Hertz - Maryland cop: spouse's name required on #1 Club Gold contract

Last month in Maryland, my wife was driving us through Maryland when she was pulled over for speeding on US 50 just east of the Chesapeake Bay Bridge.

After being presented with her drivers license and the car rental contract, the officer went to his squad car for a few minutes and came back with a speeding citation. After discussing the legal obligations of the ticket with my wife, he asked us "Who is Daniel Burgess?" (I was the only other person in the car, and I really wanted to answer "I'll give you one guess..." but instead I simply identified myself.)

He said that since the rental contract said there can't be any unauthorized drivers, and my wife's name wasn't on the contract (we have different last names), that we were in violation of the rental agreement. I replied that I have had this discussion with Hertz, and that spouses are automatically authorized drivers since I'm a member of their #1 Club Gold program. He said that the law requires all drivers to be listed on the contract, and that he wasn't going to give me a citation, but merely a verbal warning.

After driving away from the stop, I looked at the contract, and the exact words were "No unauthorized drivers without Hertz' prior written approval."

My questions are:

1) Is there a law in Maryland, or any other state, that requires all drivers to be listed on the contract, as this cop implied? Could he have written me a citation, and could it have held up in court?

2) Does #1 Club Gold membership constitute "prior written approval"? (I have to think it does.)

3) Is there a way that I can ask Hertz to pre-print my wife's name on each contract? That would obviously avoid any future similar confrontations.

Thanks in advance for all replies.

Here's the verbage from the T&C's:

Authorized Operators
Acceptable Authorized Operators are automatically covered on the Rental Agreement.
Authorized Operators are:
- The employer, employee or fellow employee of renter on company business, (when booking includes company Corporate Discount Number).
- The renter's spouse for rentals that originate in California, Nevada or New York.
- The spouse or domestic partner of Hertz Number One Club Gold or Platinum members.
- Authorized Operators do not have to be present at time of rental.
- There are no fees for Authorized Operators.



Additional Authorized Operators
- Individuals not automatically covered on the Rental Agreement as Authorized Operators noted above need to be approved by Hertz after completing an "Authorized for Additional Operator" form.
- An applicable driving record will be performed - Additional Authorized Operators can be added at time of rental or at any renting location.
- Renter and each Additional Authorized Operator must be present to sign Rental Agreement, present an acceptable credit card (debit cards not acceptable) or current round-trip ticket (air, train or bus), show valid driver's license, and must be a minimum of 25 years of age.
(The credit card or round-trip ticket requirement does not apply to a spouse or domestic partner).



Additional Authorized Operators Fees
USD 7.00 per day, maximum USD 35.00 per rental, for each Additional Authorized Operator.



Exceptions -
California - no fee for Additional Authorized Operators


Nevada - no fee for the first Additional Authorized Operator. The second and subsequent drivers are USD 5.00 per day, up to a maximum charge of USD 35.00 per driver, per rental.



NY State - USD 3.00 per Additional Authorized Operator per day with a maximum charge of USD 36.00 per rental. This fee applies to all locations in New York State. Authorized and Additional Authorized Operators must be a minimum of 25 years of age.



AAA - Spouse/Domestic Partner of AAA members are not required to have a separate AAA membership in order to receive the free AAO privileges. For other rentals, the AAO fee is also waived when both the renter and the AAO are AAA members.



USAA - No charge for qualified Additional Authorized Operators who are USAA members when signing on to a qualified USAA rental.



AARP - No charge for qualified Additional Authorized Operators who are AARP members or member's spouse when signing on to a
qualified AARP rental.


I found this by accessing an existing reservation and clicking on the rental qualifications and requirements link near the bottom. I'd say print this out, jot down the number of Hertz customer service( it's 888-777-6095) and keep this with your travel documents. My wife and I have different last names, which often necessitates explanations. Sorry to hear about your difficulties.

Pat

I have discussed this exact issue with MANY Hertz employees after my husband (with a different last name than mine) was pulled over by a cop who gave us a very difficult time. According to every Hertz employee I have ever spoken with, you do not need your spouse to be identified on your contract because within all 50 states he/she is automatically considered an authorized driver. (Internationally, this is not the case, and in many countries you will need to list your spouse as a driver.) That said, when my husband and I go on long trips and plan on sharing the driving, I always insist that the Hertz employee put my husband on the contract. In my experience, the counter employees will resist, as this creates extra work for them. I explain that it makes me feel more comfortable, so that in the off chance that we are pulled over by a police officer who is not familiar with Hertz policies on authorized drivers, we will not have any trouble. Whenever I have explained it like this, they always indulge me and list him on the contract (this is done as you would list any other authorized driver, except they will not charge you for this).

Why are any police officers interested in private contracts? If you are in violation of the terms of a private contract, that is between the parties to that contract.

What type of citation could a police officer possibly write? This is strange, to say the least.

Seems strange to me, too. The officer's main concerns should be (a) the license information from the driver and (b) the liability coverage on the car (found on the back of the driver's visor in most Hertz cars).

A valid secondary concern could be ensuring that the car isn't stolen, but he can figure this out easily enough by running the plates. Finally, if he's really suspicious about the stolen-car angle for any reason, I can see a little bit of detective work to match up the contract name with someone in the car. But cops shouldn't need to concern themselves with the nuances of the #1 Club Gold program.

Take a simpler, more common case: I loan my car to a buddy, he gets pulled over. Does the cop write him a citation for being an Unauthorized Additional Operator? No...he might have to explain how he came to be driving my car and fumble around looking for my insurance card, but in the end just gets the speeding ticket.

Perhaps the states, counties, and/or municipalities have had issues with people other then the listed operator on a rental being cited for moving violations or more serious offenses and then "skipping out" thanks to not being listed on the contract and therefore untraceable. So they're trying to close the "loophole" either by statute (as evidently is the case in one part of MD, if not the entire state) or by police department policy.

Since Hertz does de facto grant prior written approval without requiring it to be on the contract, a driver thus sited would/should be protected when they dispute the citation (if so cited). But considering what a pain this can be if one lives outside the jurisdiction, it is safer to do what timetotravel does and force Hertz to list the spouse/partner on the contract.

To throw a curly question into the mix, what happens if your partner is 21-25 therefore would be liable for an age excess ? Do you have to list them if you are a #1 Gold (therefore free partner) and thus avoid the age excess ?

I have always had problems with this: my local Hertz office states that, since I am Club Gold, my spouse is automatically an "Authorized Operator" (AO) and cannot be listed separately as an "Additional Authorized Operator" (AAO).

Timetotravel: when you get your spouse listed, do they treat him as an AO or AAO? And does he/she have to be there and show his driving licence to be listed?

I have always had problems with this: my local Hertz office states that, since I am Club Gold, my spouse is automatically an "Authorized Operator" (AO) and cannot be listed separately as an "Additional Authorized Operator" (AAO).

Weird. While I myself am single, I have often watched my Local Edition process Golds and they always add their spouse to the contract without even being asked to. *shrug*

Why are any police officers interested in private contracts? If you are in violation of the terms of a private contract, that is between the parties to that contract.

What type of citation could a police officer possibly write? This is strange, to say the least.

As others have implied, it's not his interest in the private contract, it's his interest in unauthorized use of a motor vehicle (probably can get you a ticket) or motor vehicle theft (can get you more than a ticket). The contract comes into play because it either validates or disproves whatever suspsicions he may have about illegal activity.

I'd also add that just because the cop starts telling you about potential unauthorized drivers, etc., it doesn't mean that's ultimately what he's concerned about. Many times cops will say stuff to try and unruffle people they think are being dishonest to see if they'll say something incriminating; if a cop tells you a made-up story that your mother was just killed and it causes you blurt out that you have a kilo of cocaine stuffed down your pants, you have only yourself to blame.

Just another all to common example of an ignorant cop on a power trip who's sole purpose is to generate revenue, not to protect and serve !!!!!

Just another all to common example of an ignorant cop on a power trip who's sole purpose is to generate revenue, not to protect and serve !!!!!

I don't see how he generated any revenue by giving a warning.

I think the issue is one of insurance. If an unauthorized person is driving, the insurance is not in effect and it is against the law to drive without insurance.

I don't see how he generated any revenue by giving a warning.

I think the issue is one of insurance. If an unauthorized person is driving, the insurance is not in effect and it is against the law to drive without insurance.

He only gave the warning after he got the answer about being Gold and spouses are OK. He probably didn't know if that was true or not, and decided not to write a ticket that gets thrown out.

As for insurance, car rental insurance is invalid for unauthorized drivers, but it's possible you're covered by your usual policy.

Not to split hairs, but as I understand it, the car insurance required by statute is the liability insurance.

That type of insurance is not maintained necessarily by the driver, but rather on the car. (Many people do keep liability coverage, of course, above and beyond the statutory minimum). The rental agency must keep the statutory minimum liability insurance on the car. I don't believe it matters who is driving it, the car still holds its statutory liability insurance.

So I am still unclear on why a police officer is interested in who is driving the car, once he establishes that the car is not stolen.

I have always had problems with this: my local Hertz office states that, since I am Club Gold, my spouse is automatically an "Authorized Operator" (AO) and cannot be listed separately as an "Additional Authorized Operator" (AAO).

Timetotravel: when you get your spouse listed, do they treat him as an AO or AAO? And does he/she have to be there and show his driving licence to be listed?


Sorry to take so long to respond, but I just noticed your question nspatafora. I did look through all my old contracts here, and could not find any of the forms I had signed for the additional driver, so I do not know if it is considered an AO or an AAO. I believe he is considered an AAO since I sgn an additional form to authorize him to drive. This is the same form I sign for corporate rentals when I share the driving with a co-worker, except they do not make me pay any extra.

Is there a quick and easy weblink to this or shall i hunt for it?

thanks

Here's the verbage from the T&C's:



I found this by accessing an existing reservation and clicking on the rental qualifications and requirements link near the bottom. I'd say print this out, jot down the number of Hertz customer service( it's 888-777-6095) and keep this with your travel documents. My wife and I have different last names, which often necessitates explanations. Sorry to hear about your difficulties.

Pat

Seems strange to me, too. The officer's main concerns should be (a) the license information from the driver and (b) the liability coverage on the car (found on the back of the driver's visor in most Hertz cars).

Because they are jerks!!!!!!!!!!

Is there a quick and easy weblink to this or shall i hunt for it?

thanks

Neo, try:

http://www.hertz.com/gaq/quote_terms.jsp

Then select "Authorized and ..."

Cheers.