Office of Risk Management

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GUIDELINES/POLICIES RELATED TO AUTOS

SUBJECT: Use of Seatbelts In "University-owned" Vehicles
SOURCE: Vice President for Administration
DATE ISSUED: February 20, 1997
POLICY NO: VPA-ORM-96-4
RATIONALE: Numerous studies of highway safety have concluded that seatbelts reduce injuries and deaths in vehicular accidents. Indiana University has an interest in the safety of the operators of its vehicles and is committed to the safety of all vehicle occupants.
POLICY: If a "University-owned" vehicle is equipped with "seat belts" all occupants of the vehicle must use the seat belts as they were designed for use at all times when the vehicle is in operation.

The proper use of safety restraints by passengers in University-owned vehicles shall be the responsibility of the operator of the vehicle. If any passenger of said vehicle refuses to use the provided restraints properly, the operator of the vehicle may refuse that person further passage, unless such refusal should endanger their safety.
Exceptions to policy An exception to this policy is granted if an occupant has a physician's statement stating that compliance is not possible or would be harmful to that person (e.g., a medical device that would be compromised by the shoulder belt). The physician's statement shall define its effective period.

DEFINITIONS:

"University-owned" vehicles 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.
  "Seat belts" Includes all factory-installed restraint systems, such as seat belts and shoulder harnesses.
PROCEDURE REFERENCE: Specific procedures are included in a document called "Procedures Affecting Seat Belt Policy."
CROSS REFERENCE:
RESPONSIBLE ORGANIZATION: Office of Risk Management

Procedures Affecting Seat Belt Policy

Failure to comply

Any employee failing to comply with this policy shall be subject to discipline as outlined by University policies. Any non-employee failing to comply with this policy shall be denied further use of "University-owned" vehicles.


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SUBJECT: Use of "University-owned" vehicles
SOURCE: Vice President for Administration
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: VPA-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:
  1. Who may use University Vehicles. A person or group who meets the qualifications below may use a University Vehicle as follows:
    1. 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.
    2. Students who wish to use University Vehicles must:
      1. Be one of the following:
        1. 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;
        2. A Recognized Athletic Team that has obtained approval for travel in furtherance of educational or team objectives;
        3. 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 (http://www.indiana.edu/~riskmgmt/Forms/ExceptionToFacultyApprovalRequest.html).
      2. 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://www.indiana.edu/~motor/instr.html); and
      3. 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.

      4. 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.
      5. 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. http://www.indiana.edu/~riskmgmt/Forms/RequestForExceptionToFourVehLimit.html
      6. 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. http://www.indiana.edu/~riskmgmt/Forms/VehicleUseAppeal.html
    3. 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.

  2. Driver Requirements. A University Driver shall:
    1. 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.
    2. 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.
    3. Comply with all license restrictions.
    4. Obey all laws of the jurisdiction in which he/she operates the University vehicle.
    5. Submit their driver's license information for a license check before driving university vehicles.
  3. Driver Prohibitions. A University Driver shall not:
    1. 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 exception.
      The sole 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.
    2. 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).
    3. Transport or consume alcoholic beverages or illegally possessed controlled substances in a University Vehicle.
    4. Smoke or use tobacco products, or allow passengers to smoke or use tobacco products in a University Vehicle.
  4. 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.
  5. 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:
    1. If the driver is using a University Vehicle, but is not on University Business.
    2. If the driver's ability to operate the vehicle is impaired by alcohol or drugs.
    3. If the driver is on sabbatical or other leave from the University.
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.

  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.
  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.
  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.

  Recognized Athletic Teams Those teams operating under the aegis of the athletic department of any campus.
  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.
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

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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.


SUBJECT: Guidelines for "Trips" in "University-owned" vehicles
SOURCE: Vice President for Administration
DATE ISSUED:
POLICY NO: VPA-ORM-96-7
RATIONALE: The length of a trip and the time required to complete a trip can cause adverse effects for the ability of the operator to drive the vehicle.
POLICY:
  1. On any trip with one or more passengers, one passenger should always be acting as the vehicle navigator.
  2. Any trip (or trip segment) exceeding six hours must include at least one fifteen-minute rest stop.
  3. Any trip (or trip segment) exceeding ten hours must include at least one thirty-minute (or more) stop in addition to the 15-minute rest stop.
  4. No driver shall drive more than twelve hours during any 24-hour period. Driving time is inclusive of short rest stops. E.g., a driver leaving at 9:00 AM and stopping at 4:00 PM with one 15-minute stop and one 30-minute stop has driven seven hours. A driver going off-duty should not become the navigator.
  5. No trip segment shall exceed sixteen hours. After sixteen hours the driver(s) must stop for at least seven hours. This rule is to be observed even if there are multiple approved drivers.
DEFINITIONS: "University-owned" and "university" vehicles This includes all vehicles owned, leased, or rented by Indiana University.
PROCEDURE REFERENCE:
CROSS REFERENCE:
RESPONSIBLE ORGANIZATION: Office of Risk Management

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SUBJECT: Accident Review and Cost Allocation
SOURCE: Vice President for Administration
DATE ISSUED: July 1, 2000
POLICY NO: VPA-ORM-96-8
RATIONALE: To enhance responsibility in the operation of our fleet, drivers who are at-fault in accidents will be identified for cost shifting of accident costs to their departments.
POLICY:
  1. The circumstances of each accident will be reviewed by the Office of Risk Management (ORM). ORM will determine if the University driver(s) were at fault, based on police reports, driver interviews, and any other evidence present, and if the fault was less or more than 50%.
  2. Some cost of vehicle accidents will be shifted to a driver's department. See "Procedures for Cost Shifting of Vehicle Accidents" for further details.
  3. Appeals of ORM determinations can be made to the Vehicle Use Appeals Committee. Their findings shall be final. http://www.indiana.edu/~riskmgmt/Forms/AppealOfAccidentFault.html
DEFINITIONS:
PROCEDURE REFERENCE: Vehicle Use Appeals Committee
CROSS REFERENCE: Procedures for Cost Shifting of Vehicle Accidents
RESPONSIBLE ORGANIZATION: Office of Risk Management

Procedures for Cost Shifting of Vehicle Accidents

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

The driving record will be specifically reviewed for the period from the date of accident and the previous 360 days for at-fault accidents. A points system will be used:
Accident involving injury or damages greater than $5,000 Within 180 days of this accident 4 points
Within 360 days but more than 180 days before this accident 3 points
Accident involving damages less than than or equal to $5,000 Within 180 days of this accident 2 points
Within 360 days but more than 180 days before this accident 1 point
If impairment from alcohol (.08% BAC) and/or drugs is found 3 points

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

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

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

The current (as of April 2001) deductible for "comprehensive" coverage is $50. The $500 deductible for "collision" coverage established earlier this year is now changed to a sliding scale deductible:
1st chargeable accident$100
2nd chargeable accident within 360 days*$250
3rd chargeable accident within 360 days*$500
*Within 360 days of the most recent accident.


GENERAL RULES FOR DETERMINING A PREVENTABLE ACCIDENT

Unless there are extenuating circumstances, the following driver failures should constitute adequate grounds for ruling an accident preventable:

  1. Failure to follow defensive driving practices as outlined in sponsored or National Safety Council driving course.
  2. Failure to adjust speed to conditions of light, weather, road, or traffic.
  3. Failure to recognize and adjust to driver’s own temporary physical, mental, emotional condition.
  4. Failure to adjust to clearance at top, sides, front, or rear of vehicle.
  5. Failure to observe conditions at rear of vehicle while backing.
  6. Failure to yield right-of-way when necessary to avoid an accident.
  7. Failure to control speed so as to be able to stop within assured clear distance ahead.
  8. Failure to observe traffic laws and ordinances.
  9. Failure to observe company operating rules or special instructions.
  10. Failure to observe safe practices taught in company training program or supervisory bulletins.
  11. Failure to report and correct obvious vehicle deficiencies, for example, faulty brake signal lights.

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SUBJECT: Use of 12-passenger and 15-passenger vans
SOURCE: Vice President for Administration
DATE ISSUED: April 17, 2001
POLICY NO: VPA-ORM-96-9
RATIONALE: This policy is issued for the safety and protection of students, faculty, staff, and others using the roadways.
POLICY: 12-passenger and 15-passenger vans will not be used by Indiana University.

Cargo vans may be used but may not be equipped to carry more than 6 passengers. Additional seats shall not be added. All seats must be equipped with seatbelts.

DEFINITIONS:

"University-owned" and "university" vehicles This includes all vehicles owned, leased, or rented by Indiana University.
  15-passenger van A vehicle, such as a Ford E350 van, capable of carrying 15 people.
  12-passenger van A vehicle, such as a Ford E350 van, capable of carrying 12 people.
  Cargo van A vehicle, such as a Ford E350 van, of similar size to a 15-passenger van but configured primarily for hauling cargo and capable of carrying no more than 6 passengers.
  Used (In the context of "using" a vehicle) Rented, leased, borrowed, driven, operated.
PROCEDURE REFERENCE: Any person found in violation of this policy is subject to the university's disciplinary policies. In addition, any person who violates this policy will be deemed to be acting outside the scope of the Trustees Officer's Liability Insurance policy. In the event of a claim or suit arising from an accident involving the use of a 12-passenger or 15-passenger van employees and/or agents in violation of this policy will not be indemnified.
CROSS REFERENCE:
RESPONSIBLE ORGANIZATION: Office of Risk Management

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SUBJECT: Inspection of University Vehicles
SOURCE: Vice President for Administration
DATE ISSUED: November 15, 2001
POLICY NO: VPA-ORM-96-10
RATIONALE: This policy is issued for the safety and protection of students, faculty, staff, and others using the roadways.
POLICY: All vehicles owned or leased by the Trustees of Indiana University shall be inspected by an approved mechanic annually. The inspection must meet standards set by the Indiana University Motor Pool and an Inspection Report (available July 1, 2002) must be filed with the Office of Risk Management.

DEFINITIONS:

Approved mechanic Motor Pool (IUB) standards for approved mechanics will apply.
CROSS REFERENCE:  
RESPONSIBLE ORGANIZATION: Office of Risk Management

SUBJECT: Driving Privileges Guidelines
SOURCE: Vice President for Administration/Chief Administrative Officer
DATE ISSUED: 15 March 2003 (Rev. 18 March 2004)
POLICY NO: VPA-ORM-03-1
RATIONALE: This policy is issued for the safety and protection of students, faculty, staff, and others using the roadways.
POLICY:
  1. Introduction
    1. Indiana University and those who drive on university business recognize the serious nature of the responsibility to promote safety; to reduce risk to the university, its employees and students, and fellow motorists; and to ensure that the applicable legal requirements for driving a motor vehicle are met.
    2. The following guidelines will assist the university in determining who will be authorized to drive vehicles on university business as provided for in the Office of Risk Management’s policy VPA-ORM-96-5, "Use of 'University Owned' Vehicles."
    3. Indiana University will conduct a Motor Vehicle Records (MVR) check on anyone who drives a "University vehicle" regardless of the frequency of use.
    4. MVR checks on drivers identified above will be conducted annually, unless the Office of Risk Management (ORM) determines that circumstances in a particular case warrant a more frequent check.  ORM will pay the fees for MVR checks, except those checks of students for the rental of vehicles.  Motor Pool will be responsible for those charges and may elect to include them in the rental fee.
    5. The authorization to drive vehicles on university business will be suspended for the accumulation of points or reasons as described in section V below.
    6. While individual driving record information is needed to assist Indiana University in making important safety and employment decisions, the University also recognizes that this information is highly sensitive to the individual whose record is being checked.  Therefore, MVR information will be gathered only by ORM and will be shared only with those University employees with a legitimate need to know (such as, in the appropriate circumstances identified elsewhere in this policy, the employee’s supervisor and Human Resources personnel).  Similarly, employee identification information, such as IU ID numbers, drivers license numbers and, in the case of new hires or situations where no other identifier is available, Social Security numbers will be handled with the utmost care.
    7. These are minimum guidelines. Other circumstances may arise that affect the authorization of an individual to drive a vehicle on university business.
  2. Definitions
    1. "Indiana University Vehicles" includes all licensed vehicles owned, leased, or rented by or for Indiana University. This definition includes personal vehicles when operated on "University business."
    2. "Driver" means every person who uses or wishes to use a university vehicle, regardless of rank or campus affiliation, including those required to use a vehicle as a part of their job duties as well as those whose use of a vehicle is elective.
    3. "Driver's License Check/ Motor Vehicle Records Check" is an inquiry directed to one or more state drivers licensing departments to obtain the status of a driver’s license and record (if any) of vehicular accidents and/or traffic violations of an individual. Other information, such as license restrictions, may also be provided.
    4. "Vehicle" is any means of conveyance requiring some type of driver's license to operate on public streets.
    5. "Student" is anyone currently enrolled in classes at Indiana University, or, between semesters, is expected to enroll the next semester and is pursuing an activity directly related to their educational experience. Anyone who is acting as an agent (as defined by common law) of the university, including students in an agency capacity rather than a capacity, is an employee, not a "student" within the definitions of these guidelines.
    6. "University business" means those activities that further the mission of the university and, in the case of an employee of the university, are within the scope and authority of that person's employment. For example: normal student transportation activities, e.g., handicapped students shuttles, Campus Bus, are deemed to be "in furtherance of educational objectives" within the course of their normal use.  Driving a personal vehicle on an [university] errand or from one location to another to teach is university business. This definition applies whether the driver is reimbursed for use of a personal vehicle or not.
    7. To simplify the language of this policy, only, drivers are classified as
      1. Drivers who are using assigned and/or department-owned/leased/rented vehicles
      2. Drivers who are renting vehicles from the IU Motor Pool
      3. Drivers who are renting vehicles from rental agencies (e.g., National)
      4. Drivers who are driving personal vehicles on "University business"
  3. Notification to employees
    1. ORM will ensure that all employees (not already notified) will be notified by campus mail of this policy and related procedures no later than 1 March 2005.
    2. New employees will be notified of this policy as a part of the hiring process.
    3. Drivers who opt out of being checked (i.e., who will never drive any vehicle on university business) and drivers who fail to comply with this policy will receive an annual reminder of the policy by campus mail.
  4. Responsibilities of Departments
    1. Departments are encouraged to inform any employee who drives or may drive a university vehicle to submit their drivers license information immediately (i.e., before they receive a notice from ORM). Departments will not be held responsible for employees actions unless
      The department has been notified one of their employees has had their university driving privileges suspended and fails to take appropriate action to prevent that employee from driving on university business, or
      Supervisors within the department have knowledge that leads to a reasonable belief the driver should be reported to ORM for a drivers license check (e.g., a drunken driving arrest, a license suspension by the state) and fail to so notify ORM.
      Please note that students and volunteers do not receive a notice of this policy from ORM, therefore, it is the responsibility of the department allowing students and/or volunteers to use their vehicles to notify them of and ensure they are in compliance with this policy.
      The assessment to the department for a failure to keep a knowingly suspended driver, or a driver who gives rise to reasonable belief they should be checked, from driving and who then has an accident in which they are 50% or more at fault is 10% of the total resulting damages, subject to a minimum of $500 and a maximum of $5,000.
    2. Fiscal officers, account managers and department heads can go to https://rmweb.secure.indiana.edu/secure/IU/MVR/ReviewInfo.cfm to review a list of employees assigned to their accounts to make a determination of driver status their license check submission. (For illustrations of the login screen procedures see "login" on this page.
    3. Departments are to report to ORM if they become aware that an individual on their drivers list has had an accident while driving on university business, had their driver’s license suspended or if any other event occurs that could affect their driving privileges.
    4. It is the department's (or other applicable unit) responsibility to take appropriate corrective action with drivers who fail to comply with this policy.
    5. The Office of Risk Management will notify the appropriate Vice President or Chancellor to whom a department reports if it fails to fulfill these responsibilities.
  5. Responsibilities of Drivers
    1. As a condition for driving any vehicle on university business, drivers will give Indiana University authorization to conduct a MVR check and provide all necessary information for the check.  Driving on university business will be prohibited if authorization to conduct a MVR check is not given.  This may affect employment.  Drivers will be provided a copy of the MVR check upon request and will receive a copy if its contents will affect their authorization to drive on university business as described in section V below.
      To submit the necessary information and authorization you can go to the Webform or have your department download the paperform in a PDF file.
    2. All employees (not notified before 18 March 2004) will receive notification of this policy at the time of hiring or by campus mail no later than 1 March 2005. Failure to submit information within 21 days of the mailing of the notice constitutes non-compliance. Employees may opt out of submitting their drivers license information if they never drive on university business. After 1 March 2005 employees who have not submitted their drivers license information will receive reminder notifications of this policy on no less than an annual basis.

      The following provisions are subject to the notification schedule above.

      1. Class "a" drivers must submit their license information (and be approved) before operating a university vehicle.
      2. Class "b" drivers will be allowed one rental from Motor Pool without a MVR but must submit their license information at the time of rental.
      3. Class "c" drivers must submit their license information (and be approved) before renting a vehicle on behalf of or in the name of the university.
      4. Class "d" drivers must submit their license information (and be approved) before operating a personally owned vehicle on university business.
    3. Drivers authorized to drive any vehicle on university business must report to ORM any accident that occurs while driving a university vehicle as well as any license suspension. Failure to report such events will result in a 50% increase of the penalties described in section V below.
    4. Drivers whose authorization to drive a university vehicle has been suspended, may drive their personal vehicle on university business only if:
      1. They provide an insurance certificate from an insurance acceptable to the university, naming The Trustees of Indiana University as an additional insured, showing evidence of a minimum of $1 million coverage for vehicle accidents, giving at least 30 days notice of cancellation, and
      2. They show evidence of a valid operator's license for the type of vehicle they are driving.
    5. Any driver who drives any vehicle without submitting their drivers license information and being approved (subject to other provisions in this policy), or continues to drive on university business after refusing to authorize a MVR check, or after authorization to drive on university business has been suspended will be subject to the corrective action procedures contained in Indiana University’s staff, academic, or student policies, as applicable.  Such drivers will be deemed to be acting outside the scope of their employment and will not be covered by The Trustees of Indiana University Defense and Indemnification Policies.  In the event of a claim or suit arising while driving on university business under these circumstances, the driver will not be indemnified. Drivers not in compliance with this policy may be denied reimbursement for rental vehicle and or mileage expenses.
  6. Authorization to Drive on University Business
    1. ORM will use the results of the MVR check in determining the eligibility of an employee or student to drive on university business.
    2. Authorization to drive on university business will be suspended in the following circumstances:
      1. Failure to have a valid operator's license from the United States (and its territories and possessions) or Canada. 
        • Suspension until valid license is obtained.
      2. Failure to report to ORM an accident in a university vehicle in which treatment for injuries is required beyond the scene of the accident or property damage exceeds $5,000 total for all vehicles and other property involved. Failing to report such an accident within 2 business days is deemed "failure to report."      
        • Suspension for six months from date of discovery of the accident.
      3. Failure to report to ORM an accident in a university vehicle in which treatment for injuries is not required beyond \ the scene of the accident or property damage exceeds $500 but less than $5000.
        • Suspension for 30 days from date of discovery of the accident.
      4. Arrest, whether driving on university business or not, for any felony involving a motor vehicle or for driving while impaired due to alcohol or drugs. 
        • Suspension until acquittal or conviction. [If convicted, see 5 and 6 below.]
      5. Conviction of any felony involving a motor vehicle, whether driving on university business or not.
        • If bodily injury is involved, 5 years suspension from the date of the felony with a suspension for 2 years from the date of conviction.
        •                                 
        • Otherwise, suspension for 3 years from the date of the felony with a minimum of suspension for 1 year from the date of conviction.
      6. Conviction for driving while impaired, whether on university business or not. 
        • Suspension for 1 year from date of arrest, with a minimum suspension for six months from date of conviction. Also, see points in C below.
      7. Accumulation of 10 or more points. Suspension until points fall below 10.
      8. Multiple suspensions of the authorization to drive on university business may lead to a longer or permanent suspension.
    3. After the MVR check is run, points for violations based on that record will be assessed according to section D below and then adjusted by an aging factor set forth in section E below.  Please note:  While the points assessed pursuant to this policy are conceptually similar (and in some cases numerically identical at the outset) to the points assessed by the Indiana Bureau of Motor Vehicles, these two "point systems" serve different purposes, are administered by different entities, and have different implications for a driver. For example, being suspended from driving on university business because of too many points under this policy has no direct impact on the validity of the driver’s Indiana state operator’s license; conversely, the points assessed under this policy "age off" more quickly than do points assessed against a state operator’s license by the Bureau of Motor Vehicles.
    4. Points for violations (accrued in any vehicle, whether personal or university vehicle or whether on university business or not):  
      DWI (alcohol or drugs)15
      Speeding2 points for each 10 m.p.h. over
      Reckless driving6
      Leaving the scene of an accident, Property Damage only4
      Leaving the scene of an accident, Bodily Injury8
      Other moving violations3
    5. Points for preventable accidents as determined under ORM policy VPA-ORM-96-8 "Accident Review and Cost Allocation":
      (Points will be reduced as time passes since the accident.)
      1. Accident involving injury or damages* greater than $5,000
        Within the first 180 days of the accident4 points
        Between 180 and 360 days of the accident3 points
      2. Accident involving damages* less than or equal to $5,000
        Within the first 180 days of the accident2 points
        Between 180 and 360 days of the accident1 point
    6. If an event involves multiple violations, the points for each violation will be added together to determine the total points for the event.
    7. *"Damages" includes payments and reserves for injuries, property damage, and expenses (such as legal fees).

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

    8. Calculation to Determine if driving authorization is suspended:
      1. Violation points x aging factor (defined below) divided by 1000 and rounded to the nearest point.
      2. The aging factor is 1000 minus the number of days since the  violation.
      3. Example: On April 1 an employee is arrested for DWI (and convicted two months later). The points for this violation on the date of conviction are: 15 x (1000 - 60) / 1000 = 15 x .94 = 14.1 or 14 points (rounded).
      4. Points for all violations will be summed for total points.  
      5. Accumulations at or above 10 will result in a suspension of the authorization to drive on university business.
    9. A defensive driving course (DDC) successfully completed, as ordered by a judge or voluntarily completed through the IU system, qualifies for a 4 point credit for up to 360 days after the completion date. However, no credit will be applied for a second DDC course completion unless it is completed at least 720 days after any previously successful course completion and no credit will be applied for any third or subsequent DDC completion.
    10. Whenever a driver obtains 5 or more points, ORM will send a letter to the driver with this information and advising him or her of the risk of having the authorization to drive on university business suspended.  An email copy will be sent to the driver’s department and the campus human resources office, dean of faculties, or dean of students, as applicable.
    11. Whenever a driver’s authorization to drive on university business is suspended, ORM will send a certified letter to the driver with an email to the driver’s department and the campus human resources office, dean of faculties, or dean of students, as applicable.  The message will state the nature and length of the suspension of the authorization to drive on university business and clarify that the suspension does not affect the person’s ability to drive to and from home to work or class.
    12. Whenever a driver’s authorization to drive on university business is restored, ORM will send a letter to the driver with this information.  An email copy will be sent to the driver’s department and the campus human resources office, dean of faculties, or dean of students, as applicable.
  7. Appeals of Suspension of the Authorization to Drive on University Business
    1. Each campus chancellor or the Vice President and Chief Administrative Officer for University Administration positions shall appoint a Vehicle Use Appeals Committee as set forth below to consider and make a decision to sustain or modify the suspension of the authorization to drive on university business.  The chancellor or Vice President shall determine if the committee will be a standing committee or an ad hoc committee appointed as the need occurs.
    2. Each committee shall consist of:
      1. a representative from the driver’s peer group selected by the union, staff council, professional council, faculty council, or student council that represents the specific driver
      2. a member of the campus police or security force
      3. a representative of the campus chancellor or vice president to whom the driver’s department reports
      4. a member of the ORM who shall chair the committee as a non-voting member. 
    3. A person may appeal in writing the suspension of the authorization to drive on university business at any point during the suspension period.
    4. The written appeal should be submitted to the Director of ORM and contain an explanation of the situation that led to the suspension and steps, if any, that have been taken to address the situation.
    5. The Director of ORM shall submit the written appeal to the Vehicle Use Appeals Committee for the campus on which the person is located or to the committee appointed for University Administration positions.
    6. The decision of the Appeals Committee with respect to the authorization to drive on university business is final and not subject to the university’s problem-grievance procedures.  However, if the suspension of the authorization should lead to corrective action affecting employment, the person may appeal the corrective action under the rules of the complaint procedures applicable to that person.
  8. Impact of Loss of Authorization to Drive on University Employment
    1. If the driver is a university employee, the employee’s department and campus human resources office or dean of faculties office, as applicable, will meet within ten working days of being informed of the suspension of the employee’s authorization to drive on university business, to determine the impact on the employee’s employment.
    2. Factors that will be considered include:
      1. Those related to the authorization to drive, such as the MVR report, any restrictions on driving in Indiana, the cause of the restrictions, the length of any restrictions, the existence of any of the circumstances contained in section V.B. above, the                                            length of the suspension of the authorization to drive on university business, and any ORM historical information related to the authorization to drive on university business.
      2. Those related to the employee’s university position, such as the essential or marginal nature of driving in the job, any requirement of the job to hold a valid driver’s license, the availability of other job assignments and the employee’s ability to perform them, and the employee’s work record including any current corrective action.
      3. The employee’s explanation of the underlying situation and any actions that the employee has taken to address the situation.
    3. Based on the consideration of these factors, and in accordance with the university’s corrective action policies and the department’s policies and procedures, the department will determine what action it will take, if any, with respect to the employee’s employment. The department will inform the employee in writing with copies to the campus human resources office or dean of faculties, as applicable.
    4. A staff employee may appeal through the university’s problem-grievance procedure if he or she disagrees with or is not satisfied with the department’s corrective action.  An academic employee should contact the campus dean of faculties office to discuss available appeals.
CROSS REFERENCE: Procedures for Cost Shifting of Vehicle Accidents
RESPONSIBLE ORGANIZATION: Office of Risk Management

SUBJECT: Unattended vehicles
SOURCE: Vice President for Administration/Chief Administrative Officer
DATE ISSUED: January 30, 2003
POLICY NO: VPA-ORM-03-2
RATIONALE: Leaving vehicles unsecured with the keys in the ignition poses a risk of vehicle theft and misuse of the vehicle.
POLICY:

Any university vehicle, licensed or unlicensed, which will be out of the immediate sight and "control" of an agent (as defined by common law) of the university who is "responsible" for the vehicle shall have the ignition keys removed and the engine shut down.

It is strongly recommended that the doors of the vehicle, if so equipped, be locked.

Exception: A police or any other public safety emergency vehicle may be left running while unattended but only if the doors are locked.

Exception: Any vehicle which, because of the purpose it is serving (e.g., running a pump) must be running, may be left running while unattended but only if secured against unauthorized use. Exceptions in this category must be approved by the unit supervisor. This does not apply to leaving a vehicle running merely for convenience, e.g., running the heater to keep it warm or the air conditioner to keep it cool.

DEFINITIONS:

University vehicle This includes all vehicles owned, leased, or rented by Indiana University. In addition, for this policy, "vehicle" shall include any other motorized equipment capable of carrying a driver.
Control An agent of the university responsible for the vehicle must be able to reach the vehicle and prevent unauthorized entry and use for them to be deemed in "control" of the vehicle.
Responsible The operator of the vehicle or equipment has primary responsibility for it, but this can be delegated to another agent of the university, e.g., a co-worker.
PROCEDURE REFERENCE: Any person found in violation of this policy is subject to the university's disciplinary policies.
CROSS REFERENCE:
RESPONSIBLE ORGANIZATION: Office of Risk Management

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Indiana University
Office of Risk Management
400 E. 7th Street Room 705, Bloomington, IN 47405
812-855-9758 FAX 812-855-9320
A division of the Office of the Vice President for Administration, Chief Administrative Officer

Last updated: 30-Jul-2004
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