Office of Risk Management

SUBJECT:

Driving Privileges Guidelines

DATE ISSUED:

15 March 2003 (Rev. 18 March 2004)

POLICY NO:

ORM-03-1

RATIONALE:

This policy is issued for the safety and protection of students, faculty, staff, and others using the roadways.

POLICY:

Introduction

Indiana University and those who drive on university business recognize the serious nature of the responsibility to promote safety; to reduce risk to the university, its employees and students, and fellow motorists; and to ensure that the applicable legal requirements for driving a motor vehicle are met.
The following guidelines will assist the university in determining who will be authorized to drive vehicles on university business as provided for in the Office of Risk Management’s policy VPA-ORM-96-5, "Use of 'University Owned' Vehicles."
Indiana University will conduct a Motor Vehicle Records (MVR) check on anyone who drives a "University vehicle" regardless of the frequency of use.
MVR checks on drivers identified above will be conducted annually, unless the Office of Risk Management (ORM) determines that circumstances in a particular case warrant a more frequent check. ORM will pay the fees for MVR checks, except those checks of students for the rental of vehicles. Motor Pool will be responsible for those charges and may elect to include them in the rental fee.
The authorization to drive vehicles on university business will be suspended for the accumulation of points or reasons as described in section V below.
While individual driving record information is needed to assist Indiana University in making important safety and employment decisions, the University also recognizes that this information is highly sensitive to the individual whose record is being checked. Therefore, MVR information will be gathered only by ORM and will be shared only with those University employees with a legitimate need to know (such as, in the appropriate circumstances identified elsewhere in this policy, the employee’s supervisor and Human Resources personnel). Similarly, employee identification information, such as IU ID numbers, drivers license numbers and, in the case of new hires or situations where no other identifier is available, Social Security numbers will be handled with the utmost care.
These are minimum guidelines. Other circumstances may arise that affect the authorization of an individual to drive a vehicle on university business.

Definitions

"Indiana University Vehicles" includes all licensed vehicles owned, leased, or rented by or for Indiana University. This definition includes personal vehicles when operated on "University business."
"Driver" means every person who uses or wishes to use a university vehicle, regardless of rank or campus affiliation, including those required to use a vehicle as a part of their job duties as well as those whose use of a vehicle is elective.
"Driver's License Check/ Motor Vehicle Records Check" is an inquiry directed to one or more state drivers licensing departments to obtain the status of a driver’s license and record (if any) of vehicular accidents and/or traffic violations of an individual. Other information, such as license restrictions, may also be provided.
"Vehicle" is any means of conveyance requiring some type of driver's license to operate on public streets.
"Student" is anyone currently enrolled in classes at Indiana University, or, between semesters, is expected to enroll the next semester and is pursuing an activity directly related to their educational experience. Anyone who is acting as an agent (as defined by common law) of the university, including students in an agency capacity rather than a capacity, is an employee, not a "student" within the definitions of these guidelines.
"University business" means those activities that further the mission of the university and, in the case of an employee of the university, are within the scope and authority of that person's employment. For example: normal student transportation activities, e.g., handicapped students shuttles, Campus Bus, are deemed to be "in furtherance of educational objectives" within the course of their normal use. E.g., driving a personal vehicle on an university errand or from one location to another to teach is university business. This definition applies whether the driver is reimbursed for use of a personal vehicle or not.
To simplify the language of this policy, only, drivers are classified as
1. Drivers who are using assigned and/or department-owned/leased/rented vehicles
2. Drivers who are renting vehicles from the IU Motor Pool
3. Drivers who are renting vehicles from rental agencies (e.g., National)
4. Drivers who are driving personal vehicles on "University business"

Notification to employees

ORM will ensure that all employees (not already notified) will be notified by campus mail of this policy and related procedures as soon as reasonably possible.
New employees will be notified of this policy as a part of the hiring process.
Drivers who opt out of being checked (i.e., who will never drive any vehicle on university business) and drivers who fail to comply with this policy will receive an annual reminder of the policy by campus mail.

Responsibilities of Departments

Departments are encouraged to inform any employee who drives or may drive a university vehicle to submit their drivers license information immediately (i.e., before they receive a notice from ORM). Departments will not be held responsible for employees actions unless
The department has been notified one of their employees has had their university driving privileges suspended and fails to take appropriate action to prevent that employee from driving on university business, or

Supervisors within the department have knowledge that leads to a reasonable belief the driver should be reported to ORM for a drivers license check (e.g., a drunken driving arrest, a license suspension by the state) and fail to so notify ORM.

Please note that students and volunteers do not receive a notice of this policy from ORM, therefore, it is the responsibility of the department allowing students and/or volunteers to use their vehicles to notify them of and ensure they are in compliance with this policy.

The assessment to the department for a failure to keep a knowingly suspended driver, or a driver who gives rise to reasonable belief they should be checked, from driving and who then has an accident in which they are 50% or more at fault is 10% of the total resulting damages, subject to a minimum of $500 and a maximum of $5,000.
Fiscal officers, account managers and department heads can go to https://rmweb.indiana.edu/orm/secure/MVR/ReviewInfo.cfm to review a list of employees assigned to their accounts to make a determination of driver status their license check submission. (For illustrations of the login screen procedures see "login" on this page.
Departments are to report to ORM if they become aware that an individual on their drivers list has had an accident while driving on university business, had their driver’s license suspended or if any other event occurs that could affect their driving privileges.
It is the department's (or other applicable unit) responsibility to take appropriate corrective action with drivers who fail to comply with this policy.
The Office of Risk Management will notify the appropriate Vice President or Chancellor to whom a department reports if it fails to fulfill these responsibilities.

Responsibilities of Drivers

As a condition for driving any vehicle on university business, drivers will give Indiana University authorization to conduct a MVR check and provide all necessary information for the check. Driving on university business will be prohibited if authorization to conduct a MVR check is not given. This may affect employment. Drivers will be provided a copy of the MVR check upon request and will receive a copy if its contents will affect their authorization to drive on university business as described in section V below.
To submit the necessary information and authorization you can go to the Webform or have your department download the paperform in a PDF file.
All employees (not notified before 18 March 2004) will receive notification of this policy at the time of hiring or by campus mail as soon as reasonably possible. Failure to submit information within 21 days of the mailing of the notice constitutes non-compliance. Employees may opt out of submitting their drivers license information if they never drive on university business. Employees who have not submitted their drivers license information will receive reminder notifications of this policy on a regular basis.
The following provisions are subject to the notification schedule above.
1. Class "a" drivers must submit their license information (and be approved) before operating a university vehicle.
2. Class "b" drivers will be allowed one rental from Motor Pool without a MVR but must submit their license information at the time of rental.
3. Class "c" drivers must submit their license information (and be approved) before renting a vehicle on behalf of or in the name of the university.
4. Class "d" drivers must submit their license information (and be approved) before operating a personally owned vehicle on university business.
Drivers authorized to drive any vehicle on university business must report to ORM any accident that occurs while driving a university vehicle as well as any license suspension. Failure to report such events will result in a 50% increase of the penalties described in section V below.
When a personal vehicle is being used on "University business" the following shall apply:
1. The University provides no coverage for damage to the vehicle.
2. The owner's and, if applicable, the driver's vehicle liability policies are considered primary and must respond first to any claims or suits arising from the use of the vehicle.
3. Subject to all other applicable policies and procedures, and the provisions of a resolution of the Indiana University Board of Trustees dated May 22, 1971 entitled "Officers Liability Insurance," the university will act as excess insurer.
Drivers whose authorization to drive a university vehicle has been suspended, may drive their personal vehicle on university business only if:
1. They provide an insurance certificate from an insurance acceptable to the university, naming The Trustees of Indiana University as an additional insured, showing evidence of a minimum of $1 million coverage for vehicle accidents, giving at least 30 days notice of cancellation, and
2. They show evidence of a valid operator's license for the type of vehicle they are driving.
Any driver who drives any vehicle without submitting their drivers license information and being approved (subject to other provisions in this policy), or continues to drive on university business after refusing to authorize a MVR check, or after authorization to drive on university business has been suspended will be subject to the corrective action procedures contained in Indiana University’s staff, academic, or student policies, as applicable. Such drivers will be deemed to be acting outside the scope of their employment and will not be covered by The Trustees of Indiana University Defense and Indemnification Policies. In the event of a claim or suit arising while driving on university business under these circumstances, the driver will not be indemnified. Drivers not in compliance with this policy may be denied reimbursement for rental vehicle and or mileage expenses.

Authorization to Drive on University Business

ORM will use the results of the MVR check in determining the eligibility of an employee or student to drive on university business.
Authorization to drive on university business will be suspended in the following circumstances:
1. Failure to have a valid operator's license from the United States (and its territories and possessions) or Canada.
  - Suspension until valid license is obtained.
2. Failure to report to ORM an accident in a university vehicle in which treatment for injuries is required beyond the scene of the accident or property damage exceeds $5,000 total for all vehicles and other property involved. Failing to report such an accident within 2 business days is deemed "failure to report."
  - Suspension for six months from date of discovery of the accident.
3. Failure to report to ORM an accident in a university vehicle in which treatment for injuries is not required beyond \ the scene of the accident or property damage exceeds $500 but less than $5000.
  - Suspension for 30 days from date of discovery of the accident.
4. Arrest, whether driving on university business or not, for any felony involving a motor vehicle or for driving while impaired due to alcohol or drugs.
  - Suspension until acquittal or conviction. [If convicted, see 5 and 6 below.]
5. Conviction of any felony involving a motor vehicle, whether driving on university business or not.
  - If bodily injury is involved, 5 years suspension from the date of the felony with a suspension for 2 years from the date of conviction.
  - Otherwise, suspension for 3 years from the date of the felony with a minimum of suspension for 1 year from the date of conviction.
6. Conviction for driving while impaired, whether on university business or not.
  - Suspension for 1 year from date of arrest, with a minimum suspension for six months from date of conviction. Also, see points in C below.
7. Accumulation of 10 or more points. Suspension until points fall below 10.
8. Multiple suspensions of the authorization to drive on university business may lead to a longer or permanent suspension.
After the MVR check is run, points for violations based on that record will be assessed according to section D below and then adjusted by an aging factor set forth in section E below. Please note: While the points assessed pursuant to this policy are conceptually similar (and in some cases numerically identical at the outset) to the points assessed by the Indiana Bureau of Motor Vehicles, these two "point systems" serve different purposes, are administered by different entities, and have different implications for a driver. For example, being suspended from driving on university business because of too many points under this policy has no direct impact on the validity of the driver’s Indiana state operator’s license; conversely, the points assessed under this policy "age off" more quickly than do points assessed against a state operator’s license by the Bureau of Motor Vehicles.

Points for violations (accrued in any vehicle, whether personal or university vehicle or whether on university business or not):

DWI (alcohol or drugs)	15
Speeding	2 points for each 10 m.p.h. over
Reckless driving	6
Leaving the scene of an accident, Property Damage only	4
Leaving the scene of an accident, Bodily Injury	8
Other moving violations	3

Points for preventable accidents as determined under ORM policy VPA-ORM-96-8 "Accident Review and Cost Allocation":
(Points will be reduced as time passes since the accident.)
1. Accident involving injury or damages^* greater than $5,000
  
  Within the first 180 days of the accident 4 points
  
  Between 180 and 360 days of the accident 3 points
2. Accident involving damages* less than or equal to $5,000
  
  Within the first 180 days of the accident 2 points
  
  Between 180 and 360 days of the accident 1 point
If an event involves multiple violations, the points for each violation will be added together to determine the total points for the event.

*"Damages" includes payments and reserves for injuries, property damage, and expenses (such as legal fees).

(This is the current list which is subject to change based upon experience.)

Calculation to Determine if driving authorization is suspended:
1. Violation points x aging factor (defined below) divided by 1000 and rounded to the nearest point.
2. The aging factor is 1000 minus the number of days since the violation.
3. Example: On April 1 an employee is arrested for DWI (and convicted two months later). The points for this violation on the date of conviction are: 15 x (1000 - 60) / 1000 = 15 x .94 = 14.1 or 14 points (rounded).
4. Points for all violations will be summed for total points.
5. Accumulations at or above 10 will result in a suspension of the authorization to drive on university business.
A defensive driving course (DDC) successfully completed, as ordered by a judge or voluntarily completed through the IU system, qualifies for a 4 point credit for up to 360 days after the completion date. However, no credit will be applied for a second DDC course completion unless it is completed at least 720 days after any previously successful course completion and no credit will be applied for any third or subsequent DDC completion.
Whenever a driver obtains 5 or more points, ORM will send a letter to the driver with this information and advising him or her of the risk of having the authorization to drive on university business suspended. An email copy will be sent to the driver’s department and the campus human resources office, dean of faculties, or dean of students, as applicable.
Whenever a driver’s authorization to drive on university business is suspended, ORM will send a certified letter to the driver with an email to the driver’s department and the campus human resources office, dean of faculties, or dean of students, as applicable. The message will state the nature and length of the suspension of the authorization to drive on university business and clarify that the suspension does not affect the person’s ability to drive to and from home to work or class.
Whenever a driver’s authorization to drive on university business is restored, ORM will send a letter to the driver with this information. An email copy will be sent to the driver’s department and the campus human resources office, dean of faculties, or dean of students, as applicable.

Appeals of Suspension of the Authorization to Drive on University Business

Each campus chancellor or the Vice President and Chief Administrative Officer for University Administration positions shall appoint a Vehicle Use Appeals Committee as set forth below to consider and make a decision to sustain or modify the suspension of the authorization to drive on university business. The chancellor or Vice President shall determine if the committee will be a standing committee or an ad hoc committee appointed as the need occurs.
Each committee shall consist of:
1. a representative from the driver’s peer group selected by the union, staff council, professional council, faculty council, or student council that represents the specific driver
2. a member of the campus police or security force
3. a representative of the campus chancellor or vice president to whom the driver’s department reports
4. a member of the ORM who shall chair the committee as a non-voting member.
A person may appeal in writing the suspension of the authorization to drive on university business at any point during the suspension period.
The written appeal should be submitted to the Director of ORM and contain an explanation of the situation that led to the suspension and steps, if any, that have been taken to address the situation.
The Director of ORM shall submit the written appeal to the Vehicle Use Appeals Committee for the campus on which the person is located or to the committee appointed for University Administration positions.
The decision of the Appeals Committee with respect to the authorization to drive on university business is final and not subject to the university’s problem-grievance procedures. However, if the suspension of the authorization should lead to corrective action affecting employment, the person may appeal the corrective action under the rules of the complaint procedures applicable to that person.

Impact of Loss of Authorization to Drive on University Employment

If the driver is a university employee, the employee’s department and campus human resources office or dean of faculties office, as applicable, will meet within ten working days of being informed of the suspension of the employee’s authorization to drive on university business, to determine the impact on the employee’s employment.
Factors that will be considered include:

Those related to the authorization to drive, such as the MVR report, any restrictions on driving in Indiana, the cause of the restrictions, the length of any restrictions, the existence of any of the circumstances contained in section V.B. above, the length of the suspension of the authorization to drive on university business, and any ORM historical information related to the authorization to drive on university business.
Those related to the employee’s university position, such as the essential or marginal nature of driving in the job, any requirement of the job to hold a valid driver’s license, the availability of other job assignments and the employee’s ability to perform them, and the employee’s work record including any current corrective action.
The employee’s explanation of the underlying situation and any actions that the employee has taken to address the situation.

Based on the consideration of these factors, and in accordance with the university’s corrective action policies and the department’s policies and procedures, the department will determine what action it will take, if any, with respect to the employee’s employment. The department will inform the employee in writing with copies to the campus human resources office or dean of faculties, as applicable.
A staff employee may appeal through the university’s problem-grievance procedure if he or she disagrees with or is not satisfied with the department’s corrective action. An academic employee should contact the campus dean of faculties office to discuss available appeals.

CROSS REFERENCE:

Procedures for Cost Shifting of Vehicle Accidents

RESPONSIBLE ORGANIZATION:

Office of Risk Management

Procedures for Cost Shifting of Vehicle Accidents

When a University driver is at-fault in a vehicle accident, his/her accident record will be reviewed by the Office of Risk Management. The involved department and the driver will be notifed of the accident and the driver's accident record.

The driving record will be specifically reviewed for the period from the date of accident and the previous 360 days for at-fault accidents. A points system will be used:

Accident involving injury or damages greater than $5,000	Within 180 days of this accident	4 points
	Within 360 days but more than 180 days before this accident	3 points
Accident involving damages less than than or equal to $5,000	Within 180 days of this accident	2 points
	Within 360 days but more than 180 days before this accident	1 point
If impairment from alcohol (.08% BAC) and/or drugs is found	3 points

The driver's department will be assessed a portion of all damages arising from the accident based on one of the following formulae:

This is a University-incurred liability assessment and is in addition to any contribution ("deductible") for damage to the University vehicle.

Any department head may request a driver attend a remedial driving course at any time.

The current (as of April 2001) deductible for "comprehensive" coverage is $50. The $500 deductible for "collision" coverage established earlier this year is now changed to a sliding scale deductible:

1^st chargeable accident	$100
2^nd chargeable accident within 360 days^*	$250
3^rd chargeable accident within 360 days^*	$500

^*Within 360 days of the most recent accident.

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Procedures for Cost Shifting of Vehicle Accidents