MOTOR VEHICLE POLICY FOR EMPLOYEES
I. PURPOSE
II. SCOPE AND APPLICATION
III. DRIVER CATEGORIES
IV. DRIVER AUTHORIZATION
V. LOSS OF DRIVING PRIVILEGES
VI. RENTAL VEHICLES
VII. PERSONAL VEHICLES
VIII. COURTESY VEHICLES
IX. SAFETY CRITERIA AND USE RESTRICTIONS
X. ACCIDENTS, BREAKDOWNS AND/OR TRAFFIC VIOLATIONS
XI. ACQUISITION/DISPOSITION OF UNIVERSITY VEHICLES
XII. INSPECTION AND MAINTENANCE
XIII. ENFORCEMENT OF POLICY
I. PURPOSE
The purpose of this policy is to set forth the requirements applicable to all employee drivers of University owned, leased, rented or dealership courtesy licensed vehicles (hereinafter referred to, whether individually or collectively, as “University vehicle” or “University vehicles”) or of personal vehicles while conducting University business. This policy is intended to safeguard people, protect equipment, and reduce the frequency and severity of accidents, both on and off campus, involving University vehicles or personal vehicles operated for University business.
Driving a University vehicle is a privilege and the University reserves the right to deny or revoke the driving privileges of any driver in the event that the driver does not meet the requirements of this policy.
II. SCOPE AND APPLICATION
This policy applies to all University faculty and staff to whom the University grants the privilege of operating a University vehicle or who drive personal vehicles to conduct University business. Volunteers, contractors and individuals not employed by the University are not permitted to drive University vehicles. For student drivers, refer to the ASB Motor Pool Policy and Safety Rules or the Student Driver Policy and Safety Rules.
III. DRIVER CATEGORIES
a. Category I Drivers
i. An employee who is required to drive a University vehicle as part of his or her official job description.
ii. An employee who is required to carry a Commercial Drivers License (CDL license) for University employment.
iii. An employee who will, whether frequently or occasionally, transport groups, students, and/or non-University affiliated persons.
iv. An employee who has been assigned a dealership courtesy vehicle.
v. An employee who drives a University-owned or leased vehicle at any time, whether frequently or rarely.
b. Category II Drivers
Employee drivers who from time to time drive personal or rental vehicles to conduct University business but who do not ever drive University-owned or leased vehicles.
IV. DRIVER AUTHORIZATION
The Office of Insurance & Risk Management shall have responsibility for maintaining a database of authorized drivers of University vehicles with information provided by Departments. The Office of Insurance & Risk Management will query Departments at the beginning of each calendar year for updated information on drivers of University vehicles. During the academic year, if a new employee is hired that will drive a University vehicle, the Department must notify Risk Management. The Department shall utilize the Driver Verification Form (attached as Exhibit A) and shall verify the prospective driver meets the criteria set forth in the form and in this policy. The Driver Verification Form shall be retained in the applicable Department personnel file and a copy sent to the Office of Insurance & Risk Management.
The criteria to become authorized as a Category I Driver are as follows:
a. A prospective driver must have a valid and unrestricted (not including corrective lens needs) U.S. driver’s license.
b. A prospective driver must be at least 21 years of age or have at least 3 years of licensed driving experience.
c. A prospective driver shall authorize the University to obtain a current Motor Vehicle Registry report (MVR) from the issuing state of the driver’s operating license and shall complete and sign a Motor Vehicle Report Consent and Information Form (attached as Exhibit B), which shall be submitted to the Office of Insurance & Risk Management. A summary of rights under the Fair Credit Reporting Act (15 USC Sec. 1681-1681(u)) shall be given to each employee or job applicant before any MVR check is conducted. The costs for obtaining the MVRs will be borne by the applicable department in which the prospective driver is employed/to be employed.
d. All drivers will be subject to drug and alcohol testing in accordance with Tulane’s Employee Drug and Alcohol Testing Policy.
e. All drivers described in Section III.a.i-iii must satisfactorily complete two online driver safety courses with a score of 90% or above to be scheduled through the Office of Insurance & Risk Management. The costs for the online training will be borne by the applicable department in which the prospective driver is employed/to be employed.
f. If the prospective driver will be authorized to drive a University vehicle, then a Driver Verification Form must be provided annually to the Office of Insurance & Risk Management.
Any offer of employment made to a job applicant whose work will require driving a University vehicle is made contingent upon the job applicant meeting the above-specified driver authorization requirements.
MVR checks will be conducted at least once annually for Category I Drivers and will also be conducted post job offer for new hires whose job would require them to drive a University vehicle and/or to carry a Commercial Drivers License (CDL license). In addition, the University’s automobile liability insurance company may conduct random MVR checks on employees authorized by the University to operate University vehicles.
In determining whether an MVR is acceptable (regardless of whether the MVR is obtained by Tulane or is automobile liability carrier), the following criteria will be used:
a. No major violations within the last 7 years (major violations include, but are not limited to, DWI, DUI, vehicular or negligent homicide, careless driving, hit and run, use of motor vehicle while committing a felony, eluding a police officer, drag racing, license suspension, and driving while license suspended).
b. No more than 2 of any combination of at-fault accidents or moving violations within the last 3 years. A moving violation issued as the result of an at-fault accident will not be considered as a separate occurrence. (This requirement shall take effect as of January 1, 2010. For at-fault accidents and moving violations which occurred prior to January 1, 2010, the University shall consider such on a case-by-case basis).
It is the responsibility of each prospective driver to report on the Motor Vehicle Report Consent and Information Form any and all moving traffic violations for which a citation was issued and paid and/or for which a conviction was rendered, even if such violation will not be reported on such driver’s MVR. Failure to do so may result in termination of driving privileges. Drivers shall also be responsible for reporting to the Department of Insurance & Risk Management any violations or at fault-accidents noted above that occur after an MVR check is performed and that could possibly disqualify the driver from driving a University vehicle. Failure to do so may result in disciplinary action, including termination.
If an MVR reveals forfeiture, revocation or suspension of a driver’s license, prohibited conviction(s), or the presence of traffic offense citations and/or at-fault accidents which would disqualify a prospective or currently authorized driver, the Office of Insurance & Risk Management will notify the employee’s supervisor or the applicable department representative that the driver or prospective driver will not be authorized to drive a University vehicle. If requested, a copy of the MVR will be given to the disapproved employee, job applicant/new hire, who may challenge the correctness of the MVR with the appropriate Department of Motor Vehicles.
An employee who is required to drive a University vehicle during the course of performing job duties and who no longer meets the driver authorization standards of this policy may, in the sole discretion of the University, be given alternative duties for which he/she is qualified. If there are no alternative duties for which the employee is qualified as determined by the University, the employee shall be terminated.
The criteria to become authorized as a Category II Driver are as follows:
a. A prospective driver must have a valid and unrestricted (not including corrective lens needs) U.S. driver’s license.
b. A prospective driver must be at least 21 years of age or have at least 3 years of licensed driving experience.
c. The prospective Category II Driver shall have:
i. no major violations within the last 7 years (including but not limited to DWI, DUI, vehicular or negligent homicide, reckless driving, hit and run, use of motor vehicle while committing a felony, eluding a police officer, drag racing, license suspension, and driving while license suspended); and
ii. no more than 3 of any combination of at-fault accidents or moving violations within the last 5 years, provided that there are no more than 2 at-fault accidents within the last 5 years, and no more than 2 speeding violations of 20 miles per hour or more over the posted speed limit within the last 5 years.
Category II Drivers shall self-report any at-fault accidents and/or moving violations within the last 7 years through a form on the Office of Insurance & Risk Management website (http://tulane.edu/counsel/oirm/) that can be found under Information for Employees > Motor Vehicle Policy for Employees > Driving History Self-Reporting Form. The information submitted through the form will be kept in a secure, locked file located in the Office of Insurance & Risk Management.
V. LOSS OF DRIVING PRIVILEGES
In addition to other offenses outlined above, the following offenses will result in disciplinary action, including possible termination of employment:
a. Operating a vehicle without a valid driver’s license.
b. Failure of a driver to report suspension or revocation of his/her driver’s license to Office of Insurance & Risk Management.
c. Operating a vehicle in a reckless or unsafe manner.
d. Failure to report an accident involving a University vehicle to the Department of Tulane University Police Department (TUPD) or to the Office of Insurance & Risk Management.
e. Operating a vehicle under the influence of alcohol or drugs.
VI. RENTAL VEHICLES
For local rental vehicles used for University business:
All drivers renting vehicles to conduct University business are required to obtain the rental vehicle from the University’s preferred rental provider, Enterprise Rent-A-Car/Enterprise Leasing Company. The Enterprise Agreement provides competitive rental rates which already include automobile liability insurance coverage (SPL) with limits of $100,000 bodily injury or death per person, $300,000 bodily injury or death per occurrence, $50,000 property damage per occurrence, and collision damage waiver coverage (CDW) with no deductible, for drivers who are 21 and older. For drivers under the age of 21, the driver must purchase at least the minimum limits of liability insurance available (supplemental liability protection or SLP), as well as collision/loss damage waiver coverage (CDW/LDW). To make a reservation, go to www.enterprise.com or call 800-261-7331 and use customer number NA1406 and PIN number TUL. If you have any problems with making your reservation, please contact the Office of Insurance & Risk Management at 504-865-5653 or the Director of University Services at 504-247-1122.
For out-of-town (domestic) rental vehicles used for University business:
If Enterprise-Rent-A-Car/Enterprise Leasing Company is located in the area of travel, it is strongly recommended that all drivers renting vehicles domestically to conduct University business obtain the rental vehicle from Enterprise, as the negotiated rates and terms noted above apply nationwide (see paragraph above for reservation instructions, customer number and PIN number).
If the driver rents from another agency, the following types and amounts of insurance must be purchased through the rental agency: automobile liability insurance/supplemental liability protection with limits of $100,000 bodily injury or death per person, $300,000 bodily injury or death per occurrence, $50,000 property damage per occurrence, and collision/loss damage waiver coverage (CDW/LDW) with no deductible.
For international rental vehicles used for University business:
Renting vehicles in foreign countries may require special insurance. In general, it is recommended that the insurance offered be purchased. However, before renting a vehicle in a foreign country, consult with the Office of Insurance & Risk Management.
If travel will take place in Canada, the United Kingdom, Ireland or Germany, the Business Rental Preferred Rate Agreement with Enterprise includes some special rates for rentals in those countries.
For all rental vehicles: a) Under no conditions should the authorized driver allow another person to operate the rental vehicle as such action could void the agreement with the rental agency and some or all of the insurance coverages that apply; b) Use of rental vehicles shall be limited to University business; and c) Rental of fifteen-passenger vans is strictly prohibited.
VII. PERSONAL VEHICLES
Any individual who drives his or her personal vehicle on University business or to/from a University activity is responsible for his or her own safety as well as the safety of any passengers. The University bears no responsibility for the operation or operating condition of personal vehicles and expects drivers of personal vehicles to comply with applicable local, state and federal laws.
The owner of the vehicle must carry at least the minimum automobile liability limits required by state law. The owner’s automobile liability coverage shall be the primary insurance coverage. The owner of the vehicle is responsible for any applicable deductible (e.g., liability or collision coverage) and is responsible for any increased personal automobile insurance premiums as a result of any accidents. There is no physical damage coverage through the University for personal vehicles. The University reimburses the use of a personal vehicle for official University business at the standard mileage rate published annually by the University. The rate is intended to cover all costs associated with owning a vehicle, including physical damage insurance.
Claims arising from use of a personal vehicle are to be reported to the owner’s insurance agent. In the event of a serious or potentially serious claim, the Office of Insurance & Risk Management should also be notified.
VIII. COURTESY VEHICLES
Courtesy vehicles, arranged through local car dealers, are for the use of the assigned University employee only and under no circumstances shall a spouse, child, other relative or friend be permitted to drive a courtesy vehicle. Other Tulane employees may drive a courtesy vehicle with permission, but students shall not be allowed to drive a courtesy vehicle.
While personal use of a courtesy vehicle is permitted, a driver of a courtesy vehicle, if injured when not in the course and scope of employment, will not be covered by workers’ compensation. Additionally, if a driver is injured due to the fault of the driver of another vehicle, the University may not provide uninsured/underinsured motorist (UM) coverage in the event the other driver is uninsured or underinsured. Drivers of courtesy vehicles should check with their personal insurance agent about whether UM coverage may be purchased.
IX. SAFETY CRITERIA AND USE RESTRICTIONS
The following applies to all drivers of a University vehicle:
a. Drivers will only drive University vehicles for authorized University activities and under no circumstances will the vehicle be used for personal business, except as otherwise provided in Section VIII above for assigned dealership courtesy vehicles. Failure to abide by this restriction may result in disciplinary action up to and including termination of employment.
b. Prior to departure, the driver must ensure that the side-view and rear-view mirrors are set appropriately to maximize the driver’s view and to minimize possible blind spots.
c. All vehicle occupants are required to wear seat belts while the vehicle is in motion. The vehicle must not be operated unless all passengers are properly belted.
d. At no time shall the number of occupants exceed the maximum capacity of the vehicle.
e. The speed limit and all state and federal traffic laws shall be obeyed at all times (except as may be permissible for police and emergency vehicles). 12-passenger vans, however, shall not be driven in excess of 60 miles per hour regardless of whether the speed limit is in excess of 60 mph.
f. It is strongly advised that drivers refrain from alcohol consumption for at least 24 hours before driving. Driver shall take prescription and over-the counter medication only as prescribed or recommended, and shall heed all warnings with respect to driving or operation of machinery.
g. The use of illicit drugs by a driver or any other vehicle occupant shall be strictly prohibited at all times.
h. Cell phone use by the driver while the vehicle is in motion is strongly discouraged. Drivers should consider pulling the vehicle over if it is necessary to take or make a cell phone call. Additionally, in accordance with Louisiana State law (La. R.S. 32.300.5), the driver will be prohibited from writing, reading or sending text-based communications while operating the vehicle.
i. No eating or drinking by the driver is allowed while the vehicle is in motion.
j. No driver shall be permitted to drive more than 500 miles in a 12-hour period. If it is necessary to travel more than 500 miles in a 12-hour period, then an additional authorized driver or drivers will be required (depending on the travel distance).
k. Unless otherwise required as part of a person’s employment, only two (2) hours of cumulative driving will be permitted between the hours of 12:00 a.m. and 6:00 a.m., regardless of the number of authorized drivers in the vehicle, except for field studies which require more than 2 cumulative hours of research during this time period.
l. No towing is allowed unless the vehicle is a truck specifically set up with towing capabilities.
m. Absolutely no cargo or equipment shall be permitted to be carried or stored upon the roof of any vehicle.
n. In all vans, passengers shall be loaded to the front of the vehicle first.
o. When loading a van with cargo, weight should be distributed evenly side-to-side and front to back.
p. Drivers shall at all times be well-rested and focused on driving duties. No loud music or other driver distractions will be permitted.
q. Only University-affiliated passengers will be permitted to be transported in any University vehicle, unless otherwise specifically approved by a department head.
r. No University vehicle shall be permitted to be driven off-road, except as may be required to reach study sites or as may be required to access Tulane University property.
s. Always turn the vehicle off, remove the keys, and lock the vehicle when it is unattended.
t. Drivers shall at all times during operation of a University vehicle have a valid driver’s license on their person and shall ensure that the vehicle’s registration documents and insurance card are in the glove compartment.
X. ACCIDENTS, BREAKDOWNS AND/OR TRAFFIC VIOLATIONS
In the event of an accident while driving a University vehicle or while driving a personal vehicle on University business, drivers should follow these instructions:
a. Off-Campus Accidents
i. Take whatever steps are immediately necessary to render emergency medical care, salvage property, or reduce the further extent of the loss. If possible, do not disturb the evidence or hazard which caused the claim until the conditions are recorded.
ii. Report the accident at once to the local police department or highway patrol. Get the police item or report number, the police officer's name, badge number, and department. If the information provided at the scene does not have a telephone number, get a number where the police department can be called.
iii. Do not admit liability under any circumstances. In the stress of the moment, something might be said that can be incorrectly construed as admission of fault for an accident that might have been caused by another driver. Be courteous, be helpful, give aid as needed, but stop there.
iv. Complete the Tulane Driver Accident Report Form (a copy should be kept in the glove compartment of all University vehicles) with all of the information while at the scene. Specify as many facts (not opinions) as you can that will help determine who was at fault. Note any objects that may have impaired your vision. Do not leave the scene without the name, address, phone number and insurance company of other drivers involved.
v. Get written driver and witness statements where possible. If you have a camera or a camera cell phone with you, take some pictures. The police may not take pictures and it will be beneficial to all parties involved if the accident scene and damages are documented.
vi. Report the accident to the Office of Insurance & Risk Management (504-865-5653) as soon as you can get to a phone. If it is after normal business hours and voice mails is on, LEAVE A MESSAGE and then contact the Tulane University Police Department (TUPD) at 504-865-5200 (Uptown), 504-988-5555 Downtown), or 985-871-6411 (Primate Center). When you get back to campus, fax the Tulane Accident form and any written statements to the Office of Insurance & Risk Management (504-862-8766). If you are at-fault, you are also responsible for obtaining a copy of the police report (which should be available approximately 10 working days after accident). When you receive the report, fax it to the Office of Insurance & Risk Management at the above number or send it via campus mail to 300 Gibson Hall.
vii. It is the responsibility of the applicable department to get the University owned or leased vehicle to a repair shop; if a repair shop has been designated by our claims administrator, then the applicable department shall take the University vehicle to such designated repair shop.
b. On-Campus Accidents
i. Immediately report the incident to TUPD (see appropriate phone numbers in Paragraph a.vi. above) . If there is an accident with injury, call TEMS (504-865-5200) or the City’s ambulance service to provide first aid and transportation to a hospital. The Office of Insurance & Risk Management cannot pay any on-campus claim without a TUPD Report. Also, report the accident to the Office of Insurance & Risk Management (504-865-5653) as soon as you can get to a phone. If it is after normal business hours and voice mail is on, LEAVE A MESSAGE.
ii. Follow steps i, iii, and vii outlined above for off-campus accidents.
c. All Accidents
An amount up to $2500.00 per incident will be charged to the applicable department for any claim or claims (including but not limited to damage to the vehicle, or property damage or bodily injury liability) arising out of any accident involving a University vehicle or which otherwise occurs while conducting University business.
The University is not responsible for personal cost or inconvenience that may occur because of an accident.
d. Breakdowns (University-owned vehicles only)
If you need roadside assistance, Tulane University has an agreement with National Automobile Club (NAC) to provide roadside assistance for all University vehicles. NAC’s Fleet Rescue Program is available 24 hours a day- every day- for the following services:
* Towing
* Jump starts
* Tire change
* Lockouts
* Fuel and water delivery
* Mechanical first aid
The Office of Insurance & Risk Management will provide instructions cards for the glove box of each University vehicle that will include NAC’s toll free number (1-800-328-7272) and Tulane’s NAC account number (8500219). NAC will only provide roadside assistance to those vehicles that are reported to NAC as being a University vehicle. The Office of Insurance & Risk Management should be notified as soon as a new vehicle is acquired so that it may be added to the NAC list of Tulane University vehicles.
The University is not responsible for personal cost or inconvenience that may occur because of a vehicular breakdown. The applicable department will be responsible for arranging the repair and/or return of the vehicle.he applicable department will be responsible for arranging the repair and/or return of the vehicle.
e. Traffic Violations
Drivers shall personally assume responsibility for any and all fines, penalties or traffic violations associated with use of any University vehicle or issued while the driver is conducting University business. The University will not defend any driver who has operated such a vehicle in violation of traffic laws. Any traffic violation incurred while driving a University vehicle must be reported to the Office of Insurance & Risk Management (504-865-5653).
XI. ACQUISITION/DISPOSITION OF UNIVERSITY VEHICLES
The Office of Insurance & Risk Management shall have responsibility for maintaining a database of all University vehicles with information provided by Departments. The Office of Insurance & Risk Management will query Departments each spring for updated information on University vehicles. Any time a new vehicle is acquired, the Department must notify the Office of Insurance & Risk Management and complete a Vehicle Acquisition Form (attached as Exhibit C). The Office of Insurance & Risk Management will be responsible for providing the insurance card for the vehicle. The Department will be responsible for registration of the vehicle.
Immediately upon the sale or other disposition of a University vehicle, the Department shall notify the Office of Insurance & Risk Management.
XII. INSPECTION AND MAINTENANCE
Each University department that has a University vehicle in its control is responsible for ensuring that such vehicle(s) is/are properly inspected and maintained. The departments with owned or leased vehicles are responsible for all costs of operation, including annual vehicle safety inspections, maintenance, repairs and gas. Repairs and maintenance should only be performed by trained auto professionals.
XIII. ENFORCEMENT OF POLICY
Failure to meet the conditions of this policy may result in revocation of driving privileges, reassignment to a non-driving position, as well as disciplinary action up to and including termination of employment.
Deans, Directors and Department Heads are responsible for disseminating this policy to drivers under their purview and for enforcing the policy.
Office of Insurance & Risk Management, 324 Gibson Hall, New Orleans, LA 70118 504-865-5653 website@tulane.edu