University Policy 3250

Code of Virginia Section 23.1-1301, as amended, grants authority to the Board of Visitors to make rules and policies concerning the institution. Section 7.01(a)(6) of the Board of Visitors Bylaws grants authority to the President to implement the policies and procedures of the Board relating to University operations.

Memo-2001-No. 10, Code of Virginia Section 52-4, as amended, requires each State agency to form an Accident Review Committee for the purpose of reviewing and classifying motor vehicle accidents involving State-owned licensed motor vehicles, and to promote motor vehicle and highway safety.

Office of Fleet Management Services - Policies and Procedures Manual, establishes fleet management policies and procedures for all vehicles owned by the Commonwealth, to ensure safe, reliable, and cost-efficient use.

Accident Review Committee - The Accident Review Committee ("the Committee") is responsible for deciding if any accidents involving State-owned vehicles are preventable by the driver or non-preventable. It is governed by University Policy #3240.

Conditional Period - The 30-day period when a new driver is permitted to drive a University Vehicle before having to complete and pass the mandatory four-hour driver awareness/ improvement course.

Commercial Transportation - Chartered or public bus service, trains, and scheduled commercial air travel. This policy only concerns commercial transportation over public roads and highways.

Driver(s) - Faculty, staff, students, and non-University personnel who have been approved by their supervisor/Faculty/University Contact, through employment, student matriculation, an MOU (Memorandum of Agreement) or other formal agreement to drive a University Vehicle and have satisfied the requirement of the Office of Risk Management (ORM) to drive a University Vehicle, Loaned Personal Use Vehicle or Personal Vehicle.

Driver Transcript - Also referred to as a Motor Vehicle Report, means the record of a person's driving history obtained from the Virginia Department of Motor Vehicles or another state's licensing authority.

Emergency Response Vehicles - University police, fire and other response vehicles lettered/decaled as such. They may include licensed vehicles or unlicensed vehicles.

Loaned Personal Use Vehicles (LPUV) - Vehicles provided as credit for athletic sponsorships through loan agreements to athletic units for designated staff members. The vehicles are available for their personal use as well as conducting University business.

Non-University Business or Non-University-Related Activities - Those activities such as commuting to and from the University; optional, "enrichment" field trips; travel by students to remote locations to engage in internships, externships, practicums, or student-teaching; attending (rather than participating in) a University athletic event; and student organization trips that have not been specifically funded, organized, or approved by the University.

Passenger Van - A motor vehicle, other than a motor- cycle or passenger car, used to transport persons and de- signed to transport 15 or fewer passengers, including the driver.

Personal Vehicles - University faculty, staff, students, or volunteers operating a personal vehicle on University business or, to the extent described in this policy, during University-related activities.

Rental Vehicles (Rentals) - Those vehicles rented or leased for University business or University-related activities.

Student Organization - Two or more students with common interest organized to work or act together and have registered with the University as a student organization (e.g., club sports, fraternities, sororities, etc.).

University Business - Actions undertaken by University employees (including faculty and student employees) or volunteers acting within the scope of their employment or authorization. Examples of University business include running errands for a department, attending a meeting off campus, and advisory service trips.

University-Related Activities - For purposes of this policy means those events, trips, and activities that are organized by University faculty or staff and required or mandatory elements of the related course, activity, or program, which may include travel for academic research organized by a recognized student organization and formally approved by a University official and field work as part of sponsored research or directly funded by the University.

University Agent - As used in this policy, any person authorized to represent, act on behalf of, and/or bind the University who is also permitted to operate a University vehicle. This may include an ODU student, volunteer, contractor/consultant, or others.

University Contact - As used in this policy, the University official, faculty or staff member from whom the University agent received authorization to operate a University vehicle.

University Vehicle - Any vehicle owned, leased, or rented by the University, including unlicensed vehicles.

Unlicensed Vehicles - Any University, Foundation, or University-agent owned golf cart or other small all-terrain utility vehicles placarded for street use with the Safety Flag Slow-Moving Vehicle Emblem - red triangle.

Volunteer - An individual who has completed the Volunteer Agreement - Non-research form and is approved by the Human Resources Department to volunteer and perform services on behalf of the University. See related University Policy 6023, Policy for the Use of Non-Research Related Volunteers.

This policy applies to all employees, students, volunteers, agents, and visitors to the institution. Employees include all staff, administrators, faculty, full- or part-time, and classified or non-classified persons who are paid by the University. Students include all persons admitted to the University who have not completed a program of study for which they were enrolled; student status continues whether or not the University's programs are in session. Visitors include vendors and their employees, parents of students, volunteers, guests, uninvited guests and all other persons located on property, owned, leased, or otherwise controlled by the University. Any use of State-owned or personal vehicles for University business is subject to this policy and the provisions therein as applicable.

All employees, students and agents of the University who operate a State-owned licensed motor vehicle ("State-owned vehicle"), vehicle leased by the University, or vehicle on loan to the University must be authorized by their unit in coordination with the Office of Risk Management ("ORM"), which is responsible for the administration of this policy. Once authorized they are required to obey all traffic laws, rules, policies, and procedures governing the operation and use of such vehicles. If involved in an accident while operating a State-owned vehicle, the operator shall follow established procedures for reporting the accident as enumerated in Section F.10. below.

This policy serves as the minimum requirements for all units. It is understood units may have additional driver requirements and driver training specific to their operational needs.

1. DRIVER QUALIFICATIONS AND AUTHORIZATION

   1. Annually, the ORM will poll all University departments, schools, colleges, and University agents to identify which individuals, by virtue of their authorized positions, are required to drive. This list will be shared with the Department of Human Resources.

   2. All university drivers shall complete the driver authorization process before driving (a) a University vehicle or (b) in certain circumstances as discussed in Section F.8., a personal vehicle on University business or during a University-related activity.

   3. The authorization process includes completion of an online Driver Authorization Form allowing the driver to certify information regarding their driving history and other information.

      1. Upon completion of the Driver Authorization Form, the form is to be routed to the driver's supervisor or University contact. If completed online, the ORM system will automatically route the form to the supervisor in Banner or the University contact of record. Otherwise, the driver is to deliver the completed form to their University contact.

      2. The supervisor or University contact will then complete the supervisor section of the form and submit it to the ORM at Risk@odu.edu.

      3. When submitted online (or completed manually), the driver authorizes ODU and the ORM to access the driver's transcript ("MVR") from the Virginia Department of Motor Vehicles or from the state(s) in which the driver is licensed to operate a motor vehicle.

      4. The ORM reviews the driver's transcript annually to ensure the driver remains eligible to drive. Additionally, the ORM enrolls the driver into the Division of Motor Vehicles (DMV) Driver Alert Program to allow the ORM or University contact to receive immediate notification of suspension or revocation of driver's license, as well as conviction of DUI/DWIs.

      5. Should the driver's driving record change, it is incumbent upon the driver to notify their supervisor or University contact and not to rely on the ORM to make that notification.

      6. Should the driver hold an out-of-state license, it will be incumbent on the supervisor or University contact to obtain from the driver a current driver transcript annually and to submit the transcript to the ORM for authorization as a driver to continue.

      7. Driving privileges/authorization is granted or denied based on the information provided in the Driver Authorization Form and driver transcript received from the DMV with the ORM providing final approval of all drivers to ensure driver records are acceptable and driver training has been completed. Driver acceptability standards are shown in Driver Acceptability Standard.

   4. Newly Hired Drivers

      1. To ensure employed drivers are preliminarily qualified, the Department of Human Resources, upon making a conditional offer of employment for positions requiring driving as a core responsibility, will obtain a copy of the employee's DMV MVR/Transcript from the candidate driver from the hiring supervisor and forward this record to the ORM for review with preliminary approval.

      2. In the offer letter, the Department of Human Resources will include the driver's license requirement and the enrollment in the DMV Alert program. (According to the Commonwealth's Department of Human Resource Management, this will establish the requirement as a condition of employment).

      3. Supervisors of candidates being recruited for positions in which driving is at a minimum a 5% core responsibility will include the driver's license requirement in one of their interview questions.

      4. Candidates for employment as drivers can request a copy of their Virginia DMV transcript:

         1. Online, by going to https://www.dmv.virginia.gov/apps/webtrans/records/intro.aspx

         2. In person, at any official full-service office.

      5. Provided the MVR/Transcript is acceptable (See Driver Acceptability Standards), newly hired drivers will receive a conditional authorization to drive University vehicles for a period of 30 days. During this conditional period drivers must then pass the four-hour training course to receive full authorization.

      6. The Department of Human Resources will add to the Supervisor Checklist that the supervisor should have the employee complete the Driver Authorization Form on the first day of employment.

      7. Newly hired employee drivers will complete the Driver Authorization Form (reference in F.1.b. above) on the first day of employment and be enrolled by their supervisor in the Old Dominion University Police Department's ("ODUPD") four-hour DMV course to be taken during the first 30 days of employment.

      8. If a newly hired driver fails to complete the four-hour training, they will no longer be authorized to drive, and the ORM will notify their supervisor as to next steps, which could include a request for an additional period for the driver to complete and pass the four-hour training or dismissal of the driver.

      9. Once fully authorized as a University driver, the driver will be enrolled in the DMV's Driver Alert program.

      10. The ORM should be consulted with any questions as to whether authorization should be granted or denied.

   5. Staff, faculty, and volunteers seeking reimbursement or travel advances for travel, whether using a University, rental, or personal vehicle, shall submit a travel authorization in Chrome River prior to the planned trip.

   6. Drivers who plan to rent vehicles for use on university business are to complete the Driver Authorization Form and upon review and approval by risk management will be assigned online driver trainer for Defensive Driving and Distracted Driving.

   7. Current University Driver Requirements

      1. Current drivers (existing drivers of University vehicles) will complete the Driver Authorization Form (reference in F.1.b. above), which will authorize Risk Management to enroll them into the DMV's Driver Alert program to provide notification to the ORM on suspensions, DUI/DWI convictions, etc.

         1. The driver will also be enrolled in online driver trainer, which be taken online through Rick Management/Environmental Health learing management system for Defensive Driving and Distracted Driving.

         2. Current drivers will have 30 days to complete the online training.

         3. Additional courses will be assigned depending on the class of vehicle being driven.

      2. The University's Accident Review Committee may require the driver to enroll in and pass the eight-hour DMV approved Driver Improvement Course available through ODUPD for any driver determined to have been involved in a preventable accident.

      3. Supervisors and managers may enroll their drivers in either the four-hour or eight-hour driver training when it is in the best interest of the employee and beneficial to the University.

2. DRIVER CONDUCT

   1. All drivers shall comply with this and other University policies and regulations and applicable traffic laws.

   2. Additional driver conduct requirements are listed in Driver Conduct form.

3. VAN SAFETY

   1. Van safety training is for any driver who may be required to drive a passenger van on University business or for a University-related activity.

      1. To become eligible to drive a passenger van, the driver must first complete the on-line Van Safety Training provided through the Risk Management/Environmental Health learning management system.

      2. Drivers of vans must be at least 21 years of age and have three years' driving experience, as described in the Passenger Van Safety and Van Use.

4. UNLICENSED VEHICLE REQUIREMENTS

   1. Purchases of unlicensed vehicles are governed by the Golf Cart Procurement Policy.

   2. Drivers must possess a valid driver's license and be authorized through the same process as described in Section F.1. a & b.

   3. An annual safety inspection managed by the Facilities Management & Construction's Vehicle Service Center must be completed for all unlicensed vehicles.

   4. Unit supervisors and managers are responsible for providing an updated list of all unlicensed vehicles and their drivers to the ORM by August 31 of each year.

   5. Prior to operating a vehicle on campus, drivers must attend the Unlicensed Vehicle Safety Training and pass the written test.

   6. Additional information and requirements are detailed in the Unlicensed Vehicle Safety Program training document.

5. USE OF UNIVERSITY VEHICLES

   1. Drivers may not use a University vehicle for personal use, including the transport of family members or friends for non-University business purposes.

   2. Vehicle Safety Checks

      1. University units must have each vehicle inspected under the Virginia motor vehicle safety inspection program annually or at 5,000-mile intervals, whichever comes first.

      2. Drivers must complete a daily checklist for the vehicle the first time it is to be driven by them each day making note of any damage or obvious mechanical issues. This log should be maintained in the vehicle and available for inspection or electronically via a system designed for daily vehicle safety checks.

         1. Sample checklists are available from the ORM.

            1. Predeparture Checklist for Cars and Light Trucks

            2. Predeparture Checklist for Bus and Trucks

            3. Predeparture Checklist for Passenger Vans

         2. At minimum, drivers must confirm that the following parts and components are in good working order: brakes, steering mechanism, horn, windshield wipers/washers, rear-vision mirrors, lights, and tires.

         3. Drivers shall report to their supervisor and to the Facilities Management Construction's Vehicle Service Center official any mechanical defects or other problems found in any Univeristy vehicle using the Vehicle Fault and Clearance Report. Sample vehicle Fault and Clearance Reports are available from the ORM.

         4. Vehicles founds to be in an unsafe conditions may not be operated on University business or for a University-related activity until properly repaired.

      3. Units must maintain documentation of training of all staff drivers and vehicle inspection and maintenance records.

      4. Vans are subject to the additional restrictions set forth in Passenger Van and Safety Use.

      5. Prior to the departure on any interstate trips or any distance for intrastate trips over 250 miles, units will have their University vehicles safety inspected and serviced by the Facilities Motor Pool official.

6. EMPLOYEE AND AGENT USE

   1. Any employee or agent (including a student) of the University shall complete and submit the Driver Authorization Form to their supervisor or University contact in accordance with Section F.1. a & b.

   2. Drivers must update their driver authorization annually. This will be facilitated by the ORM, which will send an annual survey to all authorized drivers.

   3. Should a driver's driving status change due to suspension or revocation, they shall promptly report any such changes to their supervisor, or if an agent of the University, to their University contact. Failure to report information or changes as required may result in disciplinary action.

   4. Failure to report changes in information may also result in revocation or suspension of the individual's authorization to drive a University vehicle.

   5. Supervisor and Unit Responsibilities

      1. Units must maintain Driver Authorization Forms for anyone driving a unit vehicle.

      2. Supervisors must review the Forms and grant, deny, or revoke authorization, in accordance with Driver Acceptability Standards.

7. STUDENT USE

   1. Only officially recognized student organizations are allowed to use University owned or rented vehicles.

   2. Students must be authorized drivers in accordance with Section F.1.a&b.

   3. The purpose of the trip or activity must be directly related to the stated mission or business of the organization.

   4. The appropriate University official (e.g., unit director, as applicable) must give prior written approval for the use of vehicles.

   5. The designated student driver(s) shall complete and submit a Student Driver Authorization Form.

   6. If driving a passenger van, the driver shall also have successfully completed the Van Safety Training Course. It is recommended that more than one representative from an organization take the Van Safety training.

   7. Units may impose additional driver requirements and other restrictions on student drivers of University vehicles. Additional requirements may also be set for specific trips, such as academic field trips.

8. USE OF PERSONAL AND LOANED PERSONAL USE VEHICLES

   In addition to the general requirements for vehicle use, the following applies to the operation of personal vehicles for University business or University-related activities.

   1. Insurance. In the event of an accident involving a personal vehicle, in use while driving on university business, the vehicle owner's vehicle insurance policy serves as the source of coverage for personal liability and collision damage.

      1. Therefore, personal vehicles may not be driven on university business or for university-related activities unless they are covered by current liability insurance.

      2. If the driver is not the owner of the vehicle, they must be a covered or permitted driver under the vehicle owner's insurance policy (for example, insurance policies cover drivers who have the vehicle owner's permission to drive the vehicle).

   2. Driver Authorization - Faculty, employees, volunteers, and students must complete and submit to the appropriate official (see f. below) a Driver Authorization Form prior to driving a personally owned vehicle in two situations:

      1. A Certificate of Insurance must be sent to the Office of Risk Management along with the Driver Authorization Form for review and approval.

      2. Trips for which approval is sought through submission of an International Travel Authorization Form.

   3. Driver authorization for use of personal vehicles requires:

      1. Certification that the driver has a valid driver's license,

      2. Information about driving history to supplement the MVR,

      3. Confirmation that the driver has read and agrees to comply with this policy, and

      4. Certification of vehicle insurance and condition of vehicle, including valid inspection.

   4. All University units including Student Activities, Student Volunteer Services, and Recreational Sports may impose additional requirements and restrictions on use of personal vehicles.

9. UNIT RESPONSIBILITIES

   1. Hiring units will review, approve, or decline Driver Authorization Forms and forward to the ORM for review and approval.

   2. Hiring units must maintain Driver Authorization Forms in accordance with established policies and procedure.

   3. Units are NOT responsible for ensuring that all drivers of personal vehicles covered by this policy submit Driver Authorization Forms; submission of Driver Authorization Forms is the driver's responsibility. However, units should make reasonable efforts to promote awareness of this policy.

   4. Units shall designate an individual or class of individuals (e.g., any Associate Dean) to perform these functions. The University's ORM may be contacted for guidance or training in reviewing Driver Authorization Forms.

10. AUTO ACCIDENTS

    Procedures for reporting accidents are set forth below in accordance with the Commonwealth Office of Fleet Management Services manual Section IV. Agency Owned Vehicle Accidents.

    1. Employees must immediately contact their supervisor or University contact and complete or cause to be completed the Automobile Incident Form located in the glove compartment (in University vehicles) or online.

    2. Contact the State Police if off campus (757-455-3980) locally or (804-424-6820), or Campus Police if on campus (757-683-4003). If traveling out of state, call 911 or the State Police in the area.

    3. Students must immediately contact the University official who authorized the trip and complete or cause to be completed the Automobile Incident Form located in the glove compartment (in university vehicles) or online.

    4. The state vehicle operator must also obtain information from the investigating officer as to how to obtain a copy of the accident report and the name, address, and policy number of the insurers of other vehicles involved.

    5. Within 24 hours of the accident, the supervisor or official must contact the University's ORM at 757-683-4009 or via email at Risk@odu.edu or complete the Online Incident Report. This is required in addition to completion of the Auto Loss Incident Report in 7.c. above.

    6. The ORM will recommend review by the Accident Review Committee in accordance with University Policy 3240, Accident Review Committee.

    7. Drivers should contact their personal insurance company, even if the accident involved a University or personal vehicle. Many automobile insurance policies require that they be notified regardless of which policy covers the incident. Failure to notify the driver's insurer could result in loss of valuable coverage.

11. RENTAL VEHICLES

    1. All domestic and international vehicle rentals are governed by the Business Travel Reimbursement Policy No. 1051 section Proc # 6-713.

    2. Domestic Rentals - the University currently participates in the state's LeaseCare program, which covers physical damage to lease and rental vehicles when driven for authorized University business or approved University activities.

    3. International Rentals - Although the University's Liability and Physical Damage Insurance is applicable overseas, travelers must purchase Liability and Collision Damage Insurance at the destination. The purchase of such rental vehicle insurance is a State-approved reimbursable expense.

12. INSURANCE AND LIABILITY

    1. Liability Coverage - The Commonwealth of Virginia's Division of Risk Management protects the University from liability, including automobile liability, through the Commonwealth Risk Management Plan.

       1. University Agents - The Commonwealth Division of Risk Management does not provide coverage to University vehicles when driven under contract by Agents of the University. In all such contractual arrangements, the contractor must carry Automobile Liability and General Liability Insurance naming the University and the Commonwealth of Virginia as Additional Insureds. Additionally, the vendor/contractor is to provide a Worker's Compensation Coverage Waiver of Subrogation benefitting the University and the Commonwealth of Virginia.

       2. A Certificate of Insurance must be sent to the Office of Risk Management along with the Driver Authorization Form for review and approval.

    2. Personal Vehicles and Loaned Personal Use Vehicles - Accidents involving personal vehicles, even when used for University business or in the course of approved University activities, are the responsibility of the vehicle owner; any insurance claims arising from such an accident are the responsibility of the owner's insurance carrier.

    3. Physical Damage Coverage - The University currently participates in the State's CarCare Program, which covers physical damage to scheduled State-owned vehicles.

Applicable records must be retained and then destroyed in accordance with the Commonwealth's Records Retention Schedules.

Director of Risk Management

University Policy 3230 - Vehicular Access to University Property

University Policy 3240 - Accident Review Committee

University Policy 6023 - Policy for the Use of Non-Research Related Volunteers

University Policy 6600 - Standards of Conduct for Classified Employees