Can Spark Drivers Have a Passenger? Deactivation Risk

The Spark Driver program facilitates delivery services for Walmart, utilizing independent contractors who use their personal vehicles to transport goods. A frequent operational question concerns the presence of other individuals in the vehicle during active deliveries. Clarifying this policy is important for drivers managing their business operations and complying with contractual terms. The official Spark Driver policies provide a definitive framework for this scenario.

The Official Spark Driver Policy on Passengers

The Spark Driver platform permits independent contractors to have passengers in their vehicle while performing delivery services, provided specific conditions are met. This allowance is outlined in the Driver Terms of Use and the Independent Contractor Agreement. The key restriction is that passengers are strictly prohibited from participating in the service, including shopping, loading, or the final delivery process.

Passengers are not authorized drivers and cannot assist with handling customer merchandise. The policy also addresses minors, stating that children who are not old enough to be left alone in a vehicle are generally not allowed to ride along. Drivers must ensure the passenger’s presence does not interfere with the performance of the service.

Why Passenger Assistance Is Prohibited

The platform’s prohibition on passenger participation is rooted in managing business risks related to liability and contractual compliance. Unauthorized individuals who handle customer orders complicate the platform’s liability structure should an incident occur during the service. Since the passenger is not a contracted party, they are not covered by the delivery platform’s general insurance or liability protections.

The vehicle insurance coverage maintained by the independent contractor is intended to cover the activities of the authorized driver performing the contracted service. If a passenger assists in the delivery and is involved in an accident or injury, the insurance company may dispute or void the claim due to the unauthorized commercial use. Every individual involved in handling customer goods must pass the platform’s background checks, which passengers have not undergone. This requirement ensures the security and integrity of the delivery chain.

Consequences of Violating the Passenger Rule

Failure to adhere to passenger restrictions can lead to punitive action against the driver’s account. The primary consequence for allowing a passenger to assist with the service is the deactivation or termination of the independent contractor agreement. The terms of service allow for account deactivation if a driver permits any other person to perform service offers or assist in the process.

Violations are frequently reported by store employees who observe passengers helping with loading orders, or by customers who see non-drivers at the delivery drop-off point. A report of a passenger creating a disruption or engaging in illegal activity while the driver is using the app can also trigger an investigation and lead to service suspension. For serious breaches, such as unauthorized assistance, deactivation from the platform is often permanent.

Maintaining Professionalism and Safety During Deliveries

Even when a passenger is permitted, the driver remains responsible for maintaining the platform’s standards of professionalism and safety. The passenger’s presence must not introduce distractions that hinder the driver’s focus on route navigation, merchandise security, or customer interaction. Drivers must ensure the vehicle remains clean and that the passenger does not interfere with the proper transport of multiple orders.

Upholding these operational standards reinforces the driver’s commitment to reliable service and protects the driver’s status as an independent contractor. Adherence to all rules, including the policy on non-participating passengers, is necessary to avoid customer complaints or reports from store associates that could jeopardize platform access. Drivers must manage the passenger’s conduct to align with the professional expectations of the delivery service.