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| SUBJECT: |
Use of "University-owned" vehicles |
| DATE ISSUED: |
February 20, 1997 Revised February 4, 1999 Revised August 29, 2000 Revised April 13, 2001 Revised and Approved June 1, 2002 |
| POLICY NO: |
ORM-96-5 |
| RATIONALE: |
"University-owned" vehicles are resources of the University and should not be used for purposes other than the business of the University nor used in a manner which is unlawful or reflects poorly on the University. |
| POLICY: |
- Who may use University Vehicles. A person or group who meets the qualifications below may use a University Vehicle as follows:
- Employees or agents of the University may use a University Vehicle if the use is for University Business and if the appropriate
approvals and reservations have been made.
- Students who wish to use University Vehicles must:
- Be one of the following:
- A recognized student group with an active student group account, including Club Sport teams administered through SRSC, that has obtained approval for travel in furtherance of educational or group objectives;
- A Recognized Athletic Team that has obtained approval for travel in furtherance of educational or team objectives;
- A student or group of students that has obtained approval for travel in furtherance of educational objectives as approved
by a "Faculty Member."
Exception: In the case of student activities or organizations that are typically overseen by University employees other than Faculty
Members (such as the IDS or student athletic trainers), approval for the travel shall be obtained from the administrative
staff person responsible for the activity. Approval for this exception must be obtained from the Office of Risk Management (Exception To Faculty Approval Request).
- Apply for and obtain the appropriate approvals for the proposed travel. This applies to University Vehicles, vehicles obtained (rented or leased)
by purchase requisition, and vehicles for which there will be a reimbursement of mileage expenses.
(At IUB: "http://rmweb.indiana.edu/ORM/StudentDriver.doc); and
- Be accompanied by an Approved University Employee if 6 or more students are in the group.
When evaluating applications, the entire number of students undertaking a trip to a given destination will be
considered together. Separate applications on behalf of multiple "groups" of five or fewer to avoid the
requirement of an Approved University Employee accompanying the group will be combined.
- If, at any time during the trip (i.e., whether driving to or from the destination or short/side trips or incidental driving
after reaching the destination), more than 5 students are in the vehicle, the Approved University Employee must accompany the
group. Groups that have more than one vehicle, and that anticipate that groups of 5 or more students may need to be transported
at the same time, should plan to have sufficient Approved University Employees on the trip to remain in compliance with this policy
at all times.
- A student group that requires more than four vehicles for its trip must arrange for an alternative means of transportation
(e.g., a bus) unless the group requests and receives an exemption from this rule from both the Motor Pool and the Office of Risk
Management. Request For Exception To Four Veh Limit
- If a question arises concerning whether a trip is "in furtherance of group/ team or
educational objectives," the Office of Risk Management shall make an initial determination of whether the proposed trip
is within those objectives. If an application is denied on this ground, the student or student group may appeal to the Vehicle Use Appeals Committee,
consisting of (at least) a representative of Risk Management other than the person making the original decision,
a faculty representative, a student representative, and a Motor Pool Representative. The decision of this committee shall be
final, with no further avenue for appeal by the student or student group. Vehicle Use Appeal
- An individual who is not an employee, agent or student of the University, or an entity or group that is not affiliated with the University, may,
in limited circumstances and in accordance with the Indiana University Motor Pool policies, rent University Vehicles.
Among other requirements, applicants must provide proof of insurance coverage for liability and damage to University Vehicles,
holding Indiana University harmless from all liabilities arising from their use of University Vehicles. While not a "University Driver"
for purposes of this policy or any other purpose, the driver of a vehicle rented under this provision must also comply with
Paragraphs 2 and 3 of this Policy. A driver of a vehicle rented under this provision is not covered by Indiana University's workers
compensation policy or The Trustees defense and indemnification policy.
Specifically, employees of independent contractors, e.g., agencies providing temporary employees, are
not authorized to use university vehicles unless there is a contractual agreement with Indiana University as outlined in this paragraph.
Such contracts must be approved by Purchasing as a part of the contractual process, by Legal Counsel's Office, or by Risk Management, and the
required insurance documents must be on file with Risk Management.
- Driver Requirements. A University Driver shall:
- Be at least twenty-one years old.
Exception: An employee or agent of the University who is at least eighteen years old and meets all other requirements
of this section may operate a University vehicle in the course of their assigned duties
- on their home campus and surrounding county;
- between campuses;
- but shall not carry more than (the driver plus) two passengers at any time.
- Possess a valid operator's license of the type required by the vehicle used, and this license must be issued by one of the states, Commonwealths, territories, or possessions of the United States or by a Canadian province; other international licenses are not acceptable.
- Comply with all license restrictions.
- Obey all laws of the jurisdiction in which he/she operates the University vehicle.
- Submit their driver's license information for a license check before driving university vehicles.
- Driver Prohibitions. A University Driver shall not:
- Allow anyone who is not a University Driver to operate a University Vehicle. More than one student or employee may be
approved as a University Driver for a particular trip; in those circumstances, only those members of the group shall drive
the University Vehicle. All approved drivers must be listed on the vehicle rental form when a vehicle is rented from Motor Pool. Only those drivers listed may drive except in
extraordinary circumstances as explained in the emergency and rental vehicleexceptions.
The emergency exception to this provision is a situation in which failure to allow a person who is not
a University Driver to drive would create an unsafe situation. For instance, a university employee is on a long trip and
becomes ill or sleepy but is unable to immediately stop for rest. Allowing a properly licensed passenger to drive is
clearly the best alternative.
The rental vehicle/ exception is as follows:
- If the "university vehicle" is a rental vehicle
- and it is rented from an "approved rental company" and
- The approved University Driver needs relieved, e.g., they are sleepy, and
- A person accompanying the approved driver but who is not a university employee meets the following requirements
- They are at least 21 years of age.
- Possess a valid operator's license of the type required by the vehicle used, and this license must be issued by one of the states, Commonwealths, territories, or possessions of the United States or by a Canadian province; other international licenses are not acceptable.
- Comply with all license restrictions.
- Obey all laws of the jurisdiction in which he/she operates the University vehicle.
- Submit their driver's license information for a license check before driving university vehicles.
then the temporary replacement driver may drive the vehicle.
Approved rental companies shall provide primary auto liability coverage of at least $1 million. These include:
This applies to vehicles operated in the United States or Canada.
- Operate a University Vehicle with his/her ability to drive is impaired by alcohol or drugs (including legal drugs which diminish the capacity to drive safely).
- Transport or consume alcoholic beverages or illegally possessed controlled substances in a University Vehicle.
- Smoke or use tobacco products, or allow passengers to smoke or use tobacco products in a University Vehicle.
- "Insurance Coverage"
- An employee who is using a covered vehicle in the course and scope of their duties is fully covered by university insurance and The Trustees of Indiana University Defense and Indemnification Policy. Note that an employee using a vehicle in violation of the law (e.g., driving while intoxicated) will not be deemed as in the course and scope of their duties.
- Coverage shall extend to a family member of the trustees, officers, directors, employees or agents only when such family member is driving a covered vehicle because a failure to do so would be perilous, e.g., an employee’s ability to drive is impaired and there is no other option but to continue the trip. In this situation, the limit of self insurance indemnification plus commercial insurance coverage is $250,000.
- If the covered vehicle is being used by an insured for a non-business use, the limits of liability for self insurance indemnification and commercial insurance coverage is $250,000.
- Coverage for assigned autos, while being used for personal purposes by a trustee, director, officer, employee or agent is subject to a limit of liability of $250,000, self insurance indemnification and commercial insurance coverage.
- For any other permissive user of a covered vehicle, including students enrolled at Indiana University while operating a covered auto in connection with an approved student activity, the limit of of self insurance indemnification plus commercial insurance coverage is $150,000.
- Limitations on Use. University vehicles will be used only for University Business, or as permitted by Internal Revenue Service
regulations governing 501(c)(3) entities.
Incidental use is permitted. University Drivers may use the University Vehicle as they reasonably see fit while on an
approved trip. However, the Trustee’s defense and indemnification and worker’s compensation policies will apply only
to incidental uses necessitated by the University Driver’s absence from home due to the University Business purpose
(i.e., driving to and from meals) and will not apply for incidental uses such as recreation or entertainment. In the
latter case, any loss must be covered by the University Driver’s personal auto, health or other applicable insurance.
- Limitations on Coverage of Workers Compensation and The Trustees of Indiana University Defense and Indemnification Policies.
In the event of an accident, the university's defense and indemnification policies and worker's compensation coverage will
NOT apply in the following circumstances:
- If the driver is using a University Vehicle, but is not on University Business.
- If the driver's ability to operate the vehicle is impaired by alcohol or drugs.
- If the driver is on sabbatical or other leave from the University.
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| DEFINITIONS: |
University Driver |
An employee or agent of the University, at least twenty-one years old, who is approved to drive a University Vehicle under this policy; also
employees or agents of the University, at least eighteen years old, but subject to the limitations specified above in Driver Requirements.
A student, at least twenty-one years old, who is approved to drive a University Vehicle under this policy. The approval process for student drivers can be completed
at the IUB Motor Pool prior to rental of a vehicle, or through the Office of Risk Management prior to using any University Vehicle or commercially rented vehicle.
There may be more than one University Driver for a particular trip. All approved drivers must be listed on the vehicle rental form when a vehicle is rented from Motor Pool. Only those drivers listed may drive except in
extraordinary circumstances as explained in the exception. For all vehicles not rented from Motor Pool (e.g., departmental vehicles), it is the responsibility of the department to maintain a list of approved student drivers.
A person on leave from the University (e.g., FMLA) shall not be approved as a University Driver.
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Student |
For the purposes of this policy, a "student" is any person who is pursuing an education at Indiana University student and not, within the scope and time of the
vehicle use, acting as an employee of the University. |
| |
University Vehicle |
A motor vehicle owned, leased, or rented by Indiana University, or owned, leased, or rented by the Indiana University Foundation (IUF) and for which IUF is indemnified by the university, licensed for use on public roadways. |
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University Business |
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. |
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Approved University Employee |
1) a full time employee as defined by Human Resources policies;
2) an instructor who holds the rank of Associate Instructor or higher; or 3) a coach, assistant coach,
or part-time assistant coach employed by the Athletics department; 4) a Resident Assistant; 5) a Graduate Assistant;
6) an Adjunct Faculty member; a "Trip Coordinator" for IMU Outdoor Adventures;
and is at least twenty-one years old, or twenty years old with approval of the Office of Risk Management based on verified experience or approved training. |
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Recognized Athletic Teams |
Those teams operating under the aegis of the athletic department of any campus. |
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Faculty Member |
The faculty shall consist of the Chancellors and all professors and instructors with tenure-related appointments at the various campuses, and
professional librarians with tenure-related appointments. |
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Insurance Coverage |
In some instances, for the sake of brevity, "insurance coverage" is used to describe a combination of self insurance and commercial insurance. Self insurance is used for indemnification of persons identified here and other places and is not "insurance." |
| PROCEDURE REFERENCE: |
Specific procedures are included in a document called "Procedures Concerning Vehicle Usage". |
| CROSS REFERENCE: |
Driving privileges guidelines |
| RESPONSIBLE ORGANIZATION: |
Office of Risk Management |
Procedures Concerning Vehicle Usage
Failure to comply
Violations of this policy may result
in suspension of university vehicle driving privileges for an appropriate
period of time. In addition, the operator may be subject to university
disciplinary procedures. |