05.08 - Vehicle Coverage and Use

05.08 -- Vehicle Coverage and Use

March 24, 2014 (rewrite in 2010 incorporated APM 5.09 and 5.10)

Contents:

A.      Definitions
B.      Overview
C.      Insurance Coverage for University Vehicles
D.      Privately-Owned Vehicle Insurance
E.      Rental Vehicles
F.      Motor Pools
G.      Annual Renewal, Additions, or Deletions of State RMP Coverage
H.      Passengers
I.       Drivers
J.      Vehicle Accidents and Claims
K.      Contact Information
L.      Forms and Examples

A. Definitions.

A-1. Accident Claims Kit. A vehicle accident claim kit includes a State of Idaho Auto Accident Report Guide, a Citizen’s Claim Procedure Form, and a State of Idaho Certificate of Financial Responsibility.

A-2. Certificate of Financial Responsibility. A document provided by the State of Idaho Risk Management Program that provides proof of coverage for liability, property, or auto.

A-3. Collision Insurance. Collision insurance covers damage to the operator’s vehicle through impact with another object when the operator’s vehicle is in motion or is struck while parked, and (1) when the impact is the fault of the operator; (2) when the other driver is at fault, but is uninsured; or (3) as a result of a hit-and-run accident.

A-4. Comprehensive Insurance. Comprehensive insurance covers damage to the operator’s vehicle that occurs from causes other than a collision with another vehicle or a stationary object. Examples include fire and vandalism.

A-5. Driving Related Conduct. Actions of a driver while in control of a motor vehicle. Unsatisfactory driving related conduct is action or inaction that could cause harm to the driver, the passengers, the vehicle, or other vehicles and their passengers.

A-6. Liability Insurance. Liability insurance covers damages to the person or property of another through the fault of the operator of a vehicle.

A-7. Idaho Tort Claims Act. The Idaho Tort Claims Act (Idaho Code 6-901 through 6-929), in addition to other provisions, established the State of Idaho Risk Management Program and charged that agency with the management of a retained-risk fund.

A-8. Medical Payments Coverage. Medical payments coverage covers the medical, hospital, and funeral expenses of an insured, others in the vehicles, and pedestrians struck by the insured. It provides a limited amount (usually $5,000) of first-dollar insurance for medical expenses for injuries to passengers. Payments are available regardless of fault. Medical payments coverage is not carried on University Vehicles (see section C-3).

A-9. Motor Pool. The College of Natural Resources has a number of University Vehicles that are available on a rental basis.

A-10. Non-Own and Hired Auto Liability. Hired auto liability coverage will pay for damages to a third party, on behalf of the University, if you cause an accident or an injury to someone while you are driving a rented car or non-owned vehicle for university business. [add. 3-14]

A-11. Passenger Vehicle. A sedan, light truck, or sport utility vehicle. [ren. 3-14]

A-12. Rental Vehicle. A passenger vehicle or pickup rented in the name of the university for official university purposes.

A-13. Texting. Reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. Texting includes use of voice-operated or hands free devices that allow the user to review, prepare and transmit a text message without the use of either hand except to activate, deactivate or initiate a feature or function. [add. 5-13]

A-14. Trucks and Moving Vans. Vehicles larger in size that in some cases require special operator training and licensing through the State of Idaho (State). [ren. 5-13]

A-15. University Vehicle. Any licensed vehicle owned, rented or leased by the university for official university purposes. [ren. 5-13]

A-16. University-Owned Vehicle. A vehicle licensed and titled in the name of the university. All university-owned vehicles must be reported annually to the Office of Risk Management (Risk). [ren. 5-13]

A-17. Volunteer. Authorized volunteers are persons who are not employees of the university but who have been asked to perform a specific function on a volunteer basis. Volunteers must be recruited and authorized by a university employee who has hiring authority (see APM 5.11). [ren. 5-13]

B. Overview.

University vehicles are provided to further the educational mission of the university, and may be used only for official university business. The use of University Vehicles for personal or other non-official business is strictly prohibited.  Operators of University Vehicles are expected to be good stewards of this important asset.  The title of a vehicle determines which party responds to auto losses. Vehicles titled to the university must be enrolled in liability coverage, and if five years old or newer, physical damage coverage.  Coverage is through the State of Idaho Risk Management Program (State RMP).  In order to ensure safe operation of University Vehicles, drivers must qualify to use the vehicles.  Before operating a University Vehicle, a university employee must have on file with his/her unit: (i) an Authorization to Travel form signed by the appropriate authority for the unit; (ii) verification of completed driver training; (iii) a satisfactory driver’s record check; and (iv) a signed Vehicle Use Agreement (VUA).  If an accident occurs, drivers (see section I) of University Vehicles must report claims promptly. 

Vehicles titled to individuals, or privately-owned vehicles, even if used for university business, are not part of, and are not covered by, the State RMP coverage.  [rev. 3-14]

Units that own vehicles must:  (i) ensure that each vehicle has an accident claim kit; (ii) post cautionary, safe-use guideline signs provided by Environmental Health and Safety (EHS) in conspicuous locations in all 8-12 passenger vans; (iii) immediately report all accidents to Risk; (iv) assist Risk in any accident investigation; (v) maintain vehicles, including update maintenance records and inspect vehicles on a regular basis; (vi) have each vehicle inspected by a qualified inspector annually; and (vii) ensure that each university-owned vehicle is equipped with a first aid kit and a fire extinguisher.

The College of Natural Resources requirements for use of its vehicles may be more restrictive than university requirements, but may not be less restrictive.  Information on procedures and charges for these vehicles can be obtained by contacting the College of Natural Resources. If a unit wishes to rent vehicles to other university units, it must consult with Risk before the rental occurs. [ed. 3-14]

The president and certain other university employees designated by the president (e.g., persons who are subject to emergency call) are authorized to drive University Vehicles between the campus and their homes and to keep the vehicles at their residences.  All vehicles, except as described above, are to be kept in assigned parking areas when not in use. 

Units are responsible for notifying Risk and Asset Accounting of newly acquired vehicles, regardless of vehicle age or value, and notifying Risk annually thereafter. Units are responsible for putting an accident claim kit in University Vehicles and for making sure the forms are updated or replaced as needed. [ed. 3-14]

The university does not allow the purchase or rental of any 15 passenger vans, whether new or used. Effective 7/1/2010, 15 passenger vans may not be purchased, rented, borrowed or used by any university units.  For alternatives to 15 passenger vans, contact Risk (see section K).

C. Insurance Coverage for University Vehicles.

C-1. Liability Coverage for University Vehicles. Through the Idaho Tort Claims Act (Idaho Code 6-901 through 6-929), State RMP is charged with management of auto liability and auto physical damage (comprehensive and collision) coverage. The university participates in the State RMP coverage, and all University Vehicles are covered (see section G).  [ed. 3-14]

C-2. Physical Damage Coverage for University Vehicles. (Comprehensive and Collision Coverage). The university maintains physical damage coverage on its owned vehicles of the five most recent model years, as determined July 1 each year, and on specific other vehicles at the request of a unit, with a deductible of $500 per loss.  Units must have physical damage coverage on vehicles that are five years old or newer.  Physical damage coverage for vehicles older than five years is acquired by unit request (see section G).  Units are responsible for deductibles and damage not covered through the State RMP. [ed. 3-14]

C-3. Medical-Payments Coverage for University Vehicles. Medical-payments coverage is not carried on University Vehicles.  For this reason, university policy restricts passengers (see section H) in University Vehicles.

D. Use of and Insurance for non-University Vehicles. When a university employee or student uses any non-University Vehicle for official university business, (i) such drivers are responsible for compliance with all federal, state, and local laws and regulations applicable to vehicle operation; (ii) drivers are not to use mobile phones or other electronic devices while operating a vehicle, including but not limited to using such devices for texting; and (iii) the non-University vehicle’s insurance is primary.  Up to the limit of the Idaho Tort Claims Act ($500,000), the university’s liability coverage is excess, but only Non-Owned and Hired Auto Liability and not Personal Liability. The university’s comprehensive-collision coverage will not extend to a non-University Vehicle driven on university business by its owner or by another driver. The private vehicle’s comprehensive-collision insurance (if available) will provide the only coverage (see section H for passengers).  Employees should check with their personal insurance company to determine coverage on their privately-owned vehicle when used for business purposes. [rev. 5-13, 3-14]

E. Rental Vehicles.

E-1. Rental vehicles are only to be used for official university business. The driver must have on file with his/her unit an Authorization to Travel form signed by the appropriate authority for the unit.

The driver must sign the rental agreement in his/her name, followed by the initials “UI”, to indicate to Risk and State RMP that the vehicle is being rented for official university business. The driver is responsible for ensuring that he/she has met the requirements of the university’s driver policies and any specific requirements of the rental agency or loaning organization (e.g., age requirements, credit card, etc.).  When traveling, the driver must carry an accident claim kit, available by contacting Risk. 

E-2. Purchasing Services has entered into contracts with rental agencies that will give UI employees special rental rates and/or benefits. Contact Purchasing Services at 885-6116 for details on contract specials or cost savings. Visit Accounts Payable’s website at Accounts Payable Website regarding reduction of the deductible and the benefits of using the UI Purchasing Card to pay for a rental. [ed. 11-10]

E-3. Inspect the vehicle before operating and immediately bring any damage to the attention of the rental agency. When returning the vehicle, inform the rental agency (before leaving the lot) of all obvious damage or defects.

E-4. Collision Damage Waiver and Liability Insurance from the rental agency. Within the United States, State RMP coverage (liability and physical damage) automatically extends to a vehicle rented by a university employee for official university business. Only purchase rental car agency insurance (liability and physical damage), if:

    1. the unit is unwilling to pay the $500 comprehensive and collision deductibles charged by the State RMP;
    2. the vehicle is rented outside the United States;
    3. the rented vehicle is a truck or moving van. (State RMP does not provide coverage for truck rentals or moving vans. When an employee rents a truck for official university business, the employee must purchase the liability and physical damage insurance offered by the rental agency because the university cannot provide the coverage required in the agency’s rental agreement. Units are responsible for any deductible for the insurance.);
    4. see section H for information regarding passengers.

F. Motor Pools.  The College of Natural Resources has vehicles available for rent by other units.  Any unit wanting to rent vehicles to other university units must consult with Risk before the rental occurs and must ensure the following requirements are met before releasing a vehicle:

F-1. Obtain verification that a signed VUA form is on file in the driver’s unit;

F-2. Ensure that each vehicle has an accident claim kit.  To request an accident claim kit, contact Risk (see section K);

F-3. Post cautionary, safe-use guideline signs provided by EHS in conspicuous locations in all 8 -12 passenger vans (see section B for van details);

F-4. Immediately report all accidents to Risk, and when appropriate, assist Risk in any accident investigation or information gathering activity;

F-5. Maintain vehicles, update maintenance records, and inspect vehicles on a regular basis. All University Vehicles must pass inspection by a qualified inspector annually. An Annual Vehicle Inspection Checklist must be used to document a University Vehicle has passed an annual inspection in order for it to remain in service. It is recommended that checklists that are at least as comprehensive as those provided in the Idaho Office of Insurance Management’s Statewide Safety and Loss Control Program Model, are used to perform weekly, monthly and quarterly inspections; approved checklists may be found and downloaded from the EHS website at www.uiweb.uidaho.edu/safety;

F-6. Ensure that each university-owned vehicle is equipped with a first aid kit and a fire extinguisher.

G. Annual Renewal, Additions, or Deletions of State RMP Auto Coverage. In return for the low auto coverage premiums enjoyed by the university, it is necessary to provide timely and accurate information about University Vehicles to State RMP. Units can easily manage their schedule of vehicles by deleting a vehicle from coverage when sold or surplused by completing a Vehicle Coverage Add/Change/Delete Worksheet. Procedures can be found on Risk’s website (see section K).  [ed. 3-14]

G-1.  Annual Renewal. Each spring, State RMP requires the university to verify that the list of vehicles reported to the State RMP is an accurate listing of all University Vehicles.  Units must verify the vehicle spreadsheet received from Risk for the annual renewal.  Changes to the spreadsheet should be reported to Risk using a Vehicle Coverage Worksheet.  If there are no changes to report, Units must send an email to Risk stating that no change is needed.  Units can optimally manage their annual renewal by ensuring they have put Risk on notice of any changes to the unit’s contact, and of newly acquired or divested vehicles.  Units can make this notification by completing a Vehicle Coverage Worksheet. [ed. 3-14]

G-2. Additions or Deletions of University Vehicles to Liability Coverage. Units that own vehicles are responsible for adding each new vehicle to liability coverage when it is acquired.  There is no cost to the unit for liability coverage. [ed. 3-14]

G-3. Additions or Deletions of University-Owned Vehicles to Comprehensive and Collision (Physical Damage) Coverage. Units that own vehicles are responsible for adding each new vehicle to comprehensive and collision coverage when the vehicle is acquired.  Units must have comprehensive and collision coverage on vehicles that are five years old or newer, and can request coverage on older vehicles.  The charges will be processed annually when the billings are received from the State RMP.  Premiums are not prorated. [ed. 3-14]

H. Passengers.

H-1. Passengers Allowed. Only the following persons may ride in University Vehicles: (i) UI employees, (ii) persons cooperating in UI projects or programs, and (iii) students participating in authorized travel.  [rev. 3-14]

H-2.  Medical Payment Coverage.  Medical-payments coverage is not carried on University Vehicles. [add. 3-14]

H.3. Rental Car Agency Insurance for Passengers in Rental Cars.  Rental car agency insurance for liability and physical damage may be purchased if any passenger is not covered by student insurance or by worker’s compensation insurance. [add. 3-14]

H.4. Insurance Coverage for Passengers in Privately Owned Vehicles.  Passengers in a privately owned vehicle may be covered through the insurance of that vehicle, depending on the insurance coverage maintained by the owner of the private vehicle. There is no insurance coverage through State RMP for passengers. [rev. 3-14]

I. Drivers. Driving a University Vehicle is a serious responsibility reserved for university employees and select other persons. Units assist the university in controlling risks (i) by making sure that drivers are qualified by meeting the requirements contained in section I-3, and (ii) by reporting the observation of any unsafe practices to Risk. [rev. 3-14]

I-1. ASUI Student Drivers. Students may be authorized to drive ASUI vehicles by procedures approved by the ASUI. Names of students authorized to drive ASUI vehicles must be filed in writing, in advance, with Risk. Student drivers must meet the UI driver qualifications listed in section I-3.

I-2. Non-Employee Drivers. The president, or designee, provost, a vice president, dean or director may authorize a non-employee to drive a University Vehicle, excluding 8-12 passenger vans, if the purpose is for official university business and the individual holds a valid driver’s license.  All such authorizations must be approved in writing in advance and signed by one of the above officials.  A UI Authorization of Approved Driver of University-Owned Vehicle(s) form must be completed. Examples of situations that may be approved under this section include use of University Vehicles by members of boards or councils performing services for the university.  Persons authorized to drive vehicles under this section are considered to be authorized volunteers for purposes of financial responsibility and for purposes of the Idaho Tort Claims Act, Idaho Code §§6-901 through 6-929.

I-3. Qualifications for Driving University-Owned Vehicles. A driver must meet the following qualifications before being permitted to drive a University Vehicle on official university business or officially sanctioned student activity: (i) satisfactory driving performance, (ii) a signed VUA, and (iii) proof that he/she has taken the UI driver’s training course.

a. Satisfactory driving performance. Employee drivers must provide proof of a satisfactory driver’s record check and must maintain satisfactory driving-related conduct. In addition to the conditions listed in I-3, a driver’s privileges may be suspended or revoked under the provisions of paragraph (ii) below based on reports of unsatisfactory driving-related conduct. [rev. 12-11]
(i) Driver’s record check.
Employee drivers are responsible for providing a three-year driver’s record when first hired or before the employee’s initial use of a University Vehicle.  The record check must be repeated at least every three years. Drivers licensed in the State of Idaho may have the check made by designated unit personnel using the Idaho Department of Transportation’s website at no charge to the unit. For a list of unit personnel designated to obtain Idaho driver’s records, visit the Risk website (see section K).  Out-of-state or international license holders are responsible for providing a current copy of their three-year driver’s record and any legend, key or other documentation necessary to interpret the record.  [ed. 12-11, 3-14]
Unit personnel interested in gaining access to check an employee driver’s record from the Idaho Department of Transportation should contact Risk.  
(ii) Disqualification. Any of the following conditions listed on a driver’s record or disclosed by the driver will disqualify an employee from driving a University Vehicle,   [rev. 12-11, ed. 3-14]
  1. Accumulation on the employee’s Idaho driver’s license record of 9 or more points within the past 36 months [see IDAPA §39.02.71]; [rev. & ren. 12-11]
    Accumulation on the employee’s out-of-state or international driver’s license record of one-half the point total that would trigger suspension or revocation of the driver’s license;
  2. Suspension or revocation of the employee’s driver’s license within the past 3 years for any driving-related conduct whether or not involving a University Vehicle, subject to the provisions of (iii)(b), below. [rev. & ren. 12-11]
  3. A conviction, plea of guilty, withheld judgment, or other determination of fault ("Conviction") for an alcohol or drug-related offense while driving whether or not involving a University Vehicle.
    A second Conviction will result in permanent revocation of driving privileges. [rev. & ren. 12-11]
  4. Any infraction for use of a mobile phone or other electronic device in texting while driving, when the employee or authorized non-employee is performing official university business in support of a federal grant or contract. [add. 5-13]
The university's ability to suspend or revoke an employee's driving privileges for the reasons stated above shall not limit the university's ability to dismiss the employee for cause under the provisions of FSH 3910, 3920, and 3930. [add. 12-11]
(iii) Reinstatement. [add. 12-11]
a. An employee who accumulates excessive points on his/her record will be prohibited from driving a University Vehicle until he/she successfully completes an approved safe driving course, and the responsible Vice President, Director, or Dean, in his or her sole discretion, thereafter authorizes resumption of driving privileges. [add. 12-11]
b. An employee whose license has been suspended will be prohibited from driving a University Vehicle until the license is reinstated. The university may, however, suspend university driving privileges for a longer period, up to one year, for serious offenses, and may require driver training. In making this determination, the university will decide in its sole discretion whether the offense is serious enough to warrant a longer suspension, and may consider aggravating and mitigating circumstances, such as previous driving record, level of impact on the employee, and past work performance, and may permit limited driving with restrictions. An employee’s driving privileges may be reinstated only by the responsible Vice President, Director or Dean, in consultation with General Counsel and the Risk Management Officer. [add. 12-11]
c. An employee who receives a Conviction for an alcohol or drug-related offense while driving will be prohibited from driving a University Vehicle until the Conviction is reviewed by the responsible Vice President, Director, or Dean in consultation with General Counsel and the Risk Management Officer. Driving privileges may be reinstated only if the following two conditions are met: 1) the employee successfully completes, at the employee’s expense, an approved drug and alcohol awareness class; and 2) the employee is authorized to resume driving by the responsible Vice President, Director or Dean, in consultation with General Counsel and the Risk Management Officer. In making this determination, the university will decide in its sole discretion the appropriate length of time of the suspension, and may consider aggravating and mitigating circumstances, such as previous driving record, past work performance, and whether driving is a minimum qualification of the employee’s position. The university may permit limited driving with restrictions. [add. 12-11]
The employee will be subject to random alcohol and drug testing at the direction of the university for one year from the date of Conviction. Failure of an alcohol or drug test, or failure to submit to required testing, by an employee whose job description requires him/her to drive, will be grounds for immediate dismissal from employment. [add. 12-11]
(iv) Grievances. An employee aggrieved by the suspension or revocation of driving privileges may file a timely grievance under the provisions of FSH 3840, 3860, 3880, or 3890. [rev. & ren. 12-11]
b. Satisfactory driving-related conduct. To retain university driving privileges, all employees must to maintain a satisfactory driver’s record throughout their employment, and have satisfactory driving-related conduct.
(i) Employee drivers are expected to self-report driving occurrences that may cause disqualification under section I-3.a.i., and to comply with all university driving policies. Employee drivers who become disqualified a second time will be subject to disciplinary action, up to and including dismissal. Supervisors are expected to report second disqualifications to Risk within 24 hours of being aware of the driving-related conduct. [rev. 3-14]
(ii) Employee drivers must: report all accidents to their supervisor and to the unit to which the vehicle is permanently assigned; obtain a police report, as necessary; file an accident report with Risk; and when appropriate, assist Risk in any accident investigation or information gathering activity. The driver must also make required reports to law enforcement agencies.
(iii) At the discretion of Risk, or if any university employee is found at fault for an accident while driving a University Vehicle, the employee’s unit will be required to provide Risk with a copy of the driver’s record and VUA, and proof of driver’s training. At-fault drivers may be required to repeat driver training.
c. Drivers Training. All employees and authorized volunteers who wish to drive a University Vehicle must successfully complete an approved defensive driving course upon initial employment, unless they already possess a valid Commercial Drivers License (CDL). Defensive driving courses are offered and/or approved by EHS. Unit supervisors must ensure that employees have completed required training before they are allowed to drive a University Vehicle. [ed. 3-14]
(i) Departmental responsibility for monitoring driver training. Units must ensure that their employees, authorized volunteers, or approved ASUI student drivers complete the appropriate training before driving a University Vehicle for official university business or officially sanctioned student activity.
d. Driver and Safety Requirements. Responsibilities and/or driver restrictions: [ren. 12-11]
(i) Drivers of University Vehicles must be at least 18 years old. Drivers of vehicles that carry 8 or more passengers must be at least 21 years old.
(ii) Drivers must have and maintain satisfactory driving performance (see section I-3 a). [ed. 3-14]
(iii) As required, drivers must have successfully completed the appropriate driver training, or have a valid CDL.
(iv) A VUA must be signed and approved. Drivers must adhere to all conditions listed in the VUA, which can be obtained from Risk.
(v) State and local traffic laws, and university regulations must be obeyed at all times. A UI employee or authorized volunteer who violates such laws or regulations may, under certain circumstances, be personally responsible for any consequent damages or fines and may be subject to disciplinary action.
(vi) Driving time per driver is limited to a maximum total of 8 hours per day. It is recommended that uninterrupted driving times not exceed 2 hours, separated by a minimum 15 minute break.
(vii) Mobile phone or other electronic device use, including but not limited to texting, is prohibited while driving. [rev. 5-13]
(viii) Smoking is not permitted in a University Vehicle.
(ix) Open containers of alcohol are not permitted in a University Vehicle. Drivers may not drive while under the influence of drugs or alcohol. Medications that do not impair the driver’s ability or cause drowsiness are permitted. [ed. 3-14]
(x) Drivers and passengers must wear seat belts and/or shoulder belts at all times while driving or riding in all vehicles.
J. Vehicle Accidents and Claims.

J-1. University-Owned Vehicles. In the event of an accident involving a university-owned vehicle, notify Risk immediately and submit an Auto Accident Report Guide to Risk within 72 hours.  If a loss arises from the vehicle accident, Risk will work with the driver and the driver’s unit to submit a claim to State RMP (see section K). [ed. 3-14]

J-2. Rental Vehicles. In the event of an accident in a rental vehicle, inspect the vehicle with a representative of the rental agency to establish a mutual understanding as to the amount of damage. If you did not purchase collision insurance from the rental agency, inform the representative that the vehicle was rented for business use, and ask the agent to submit a claim to the State RMP. Give the rental agency the green “Citizen’s Claim Procedure” form from the accident claim kit, and provide Risk’s main number (208) 885-7177. If the rental agency demands immediate payment for a damaged vehicle, contact Risk.

J-3. When Injuries are Involved. In the event of injury to a university employee or authorized volunteer, inform the medical provider that the individual’s workers compensation insurance is provided through the State Insurance Fund. Supervisors must promptly notify EHS of the accident so a workers compensation claim can be initiated in a timely manner. In the event of injury to any other individuals, notify Risk immediately. In the event of a serious or life-threatening injury, notify your supervisor immediately and ask the supervisor to escalate the report to Risk immediately.

K. Contact Information. For any questions regarding the use of University Vehicles, driver requirements, or vehicle insurance, please contact Risk at (208) 885-7177, risk@uidaho.edu, or by fax at (208) 885-9490.

L. Forms and Examples. For all forms, examples and further instructions on procedures, visit Risk Management: Vehicles.