Can your foreign domestic helper double as your driver?

According to the current standard employment contracts, domestic helpers are not allowed to work as full-time drivers. To be a part-time family driver, they must apply for a special permit from the Immigration Department. To obtain "Special Permission for Performance of Motor Driving Duties by Foreign Domestic Helpers", they have to meet the following requirements:

1. The helper needs to hold a Hong Kong full driving license. International driving license, temporary driving license, and probationary driving license will not be accepted.
2. The permit requires the employer to provide sufficient proof that the foreign helper needs to "perform any of the 5 categories of primary household duties (i.e. household chores, cooking, caring for the elderly at home, babysitting, and child care)" and that "driving is required for such household duties". Transporting employers to and from work or for recreation is out of scope.
3. In addition, the employer must specify the ownership, type, and license number of the vehicle driven by the helper. The vehicle should be a family vehicle or a compact vehicle with no more than eight seats, and must be registered under the name of the employer or his/her spouse. If the vehicle is registered under a company, the employer must provide a certificate issued by the company that the vehicle is intended for use by the person concerned and his family members.
4. The helper must live in the employer's home.

Only after fulfilling the above requirements and completing the application form ID 934A will the Immigration Department consider whether or not to grant the permission to drive on a case-by-case basis. Thomas Chan, Chairman of The Hong Kong Union of Employment Agencies, estimates that currently only 1% to 2% of helpers in Hong Kong hold such permits, of which male helpers account for about 90%.

If a foreign helper serves as a family driver without a driving license or special permit, the employer will be held responsible once it is reported. The helper will also be charged for breaching the conditions of stay and, upon conviction, can be fined up to HK$50,000 and imprisoned for 2 years.

In the past 5 years, the Immigration Department has investigated 8 suspected cases of violation, of which it did not find sufficient evidence for prosecution in 6 cases, and the remaining 2 cases are still under investigation. There are criticisms on the lack of law enforcement because despite the harsh law, no prosecutions were made when someone broke the law.

First, if the helper has a car accident and he/she holds a valid driving license and a special permit, the car insurance will cover the accident. If the helper is a registered driver of the vehicle, you do not need to pay a deductible when filing for claims. Otherwise, you will need to pay a deductible when you claim.

If the foreign helper causes third-party casualties or even property loss in the accident, you can only claim compensation from the third-party car insurance. The foreign domestic helper insurance does not cover third-party casualties caused by the helper in a car accident.

In addition, if the helper is injured in a car accident, the employee compensation part of the foreign domestic helper insurance can be claimed because he/she was injured on duty.

Lastly, if a foreign helper has a car accident during work, the insurance company is entitled to find out whether he/she holds a legal Hong Kong driving license and whether driving is within the scope of his/her work. If the helper fails to provide a valid driving license or permit, the insurance company will still compensate the third party for casualties and losses first, but retains the right to claim damages from the employer via a civil claim.