Have you seen the term “precision driver” used on a commercials contract? What about “performance driver?” These terms are not found in the SAG-AFTRA Commercials Contract and should not be used because it can affect your future residuals.
There are only two terms that should be used: stunt driver or vehicle driver. Everyone knows what stunt driver means, but what does vehicle driver mean? A vehicle driver is hired when the level of driving requires skill but not stunt work. Any time a driver is engaged as either a stunt driver or vehicle driver, they must be hired on an Exhibit A-1 Employment Contract. Again, the terms precision driver and performance driver should never be used for a Commercials Contract.
Residuals are due to a stunt driver or vehicle driver when any of the stunt driving guidelines are met and such driving remains in the commercial as exhibited.
When any of the following conditions occur, a vehicle driver shall qualify as a stunt performer:
a) When any or all wheels leave the driving surface;
b) When tire traction is broken, i.e., skids, slides, etc.;
c) Impaired Vision — when the driver’s vision is substantially impaired by:
i. Dust or smoke;
ii. Spray (when driving through water, mud, etc.);
iii. Blinding lights;
iv. Restrictive covering of the windshield;
v. Any other conditions restricting the driver’s normal vision;
d) If the speed of the vehicle is greater than normally safe for the condition of the driving surface, or when other conditions such as obstacles or difficulty of terrain exist or off-road driving other than normal low-speed driving for which the vehicle was designed occurs;
e) When any aircraft, fixed-wing or helicopter, is flown in close proximity to the vehicle creating hazardous driving conditions;
f) When an on-camera principal performer is doubled because the level of driving skill requires a professional driver, the driver double shall qualify as a stunt performer. This would also apply to doubling of passengers for the safety of the on-camera principal performer.
g) Whenever high speed or close proximity of any vehicle creates conditions dangerous to the driver, passengers, film crew, other people, or the vehicle;
h) When working in close proximity to pyrotechnics or explosives;
i) When driving in other than the driver’s seat or blind driving in any form.
While the advertising industry has agreed to send a bulletin to their folks about correcting the usage of incorrect terms, members also need to do their part in making sure correct terms appear on their contracts.
If you have any questions involving commercial driving, please feel free to contact Jeremy Marasigan in the Los Angeles Commercials Department at (323) 549-6858 or jeremy.marasigan@sagaftra.org, or Angelica Criscuolo in the New York Commercials Department at (212) 827-1540 or angelica.criscuolo@sagaftra.org.
This item was originally featured in the January 2016 local newsletter.
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