F-2 Business Use of Vehicles

SECTION: TRAVEL INDEX: F-2

SUBJECT: BUSINESS USE OF VEHICLES

POLICY

This document outlines the University’s policy, guidelines, standards and procedures for the business use of vehicles owned, leased or rented in the University’s name for employee use.

Only employees authorized by the university may drive vehicles owned, leased, or rented in the University’s name;
Vehicles may be used only for official university business;
Annually, a motor vehicle record evaluation will be conducted to insure that driver records meet minimum acceptable driver standards. No employee, potential employee or student employee will be allowed to operate a vehicle owned, leased, or rented in the University’s name until and unless driver authorization has been approved.
Authorized drivers are responsible for complying with this document and the requirements set forth in UHS policy 03.E.06, Business Use of Vehicles, UHS Policy 03.E.07, Fleet Management Plan, and the University’s official Fleet Management Plan filed with the state by Facilities Services.

PROCEDURES

Background

The University does not maintain a fleet of vehicles for the general use of all employees. The vehicles that are owned by the university are assigned to specific departments where the need for vehicle access is frequent and would disrupt university operations if not readily available.

Annual Motor Vehicle Record Evaluation (MVR) Procedure

The MVR consists of the driving records, both in-state and out-of-state, for the past three years. The Department of Business Services has the option of running MVRs on all employees who have used university-owned, leased or rented vehicles during the previous fiscal or calendar year or have departments provide a listing of all employees who are anticipated to drive university-owned, leased, or rental contract vehicles during the upcoming year.

MVRs will be requested through the Texas Department of Public Safety annually during the first quarter and then as necessary for new employees, including student workers who may be driving.

Prior to extending the offer of employment to any person whose primary duties and responsibilities involve operating a motor vehicle, each unit head will notify the Department of Business Services so an MVR can be run;
Post employment (after hire-in) MVR requests are acceptable when driving is incidental to the employee’s primary job responsibilities;
Until the driver's record has been verified as acceptable, the driver must use their own vehicle or make other arrangements for transportation. In the event of an accident, the employee's personal insurance coverage will be primary.

Acceptable Driver Standards

The minimum standards for determining whether a person can be granted driving privileges follow:

Acceptable Driver:

Valid Texas driver license; (Texas law also requires that an individual moving to Texas from another state must obtain their Texas Driver's License within 30 days. Driver’s are expected to comply with the law.)
No more than two moving violation convictions or at-fault accidents within the past year, or five moving violations within the past three years;
No Driving While Intoxicated or Driving Under the Influence convictions within the past five years;
No driving under revocation;
No involuntary manslaughter convictions;
No hit-and-run convictions;
No felony with vehicle convictions.

Defensive Driving

Employees who operate state-owned vehicles on university business will be required to complete a state-approved defensive driving course to increase driver safety awareness and reduce employee injuries and university liability. Refresher training must be completed every 3 years. Defensive driving courses will be scheduled by the university for this purpose. Each year, one moving violation or at-fault accident may be offset with a state-approved defensive driving course approved for ticket dismissal. The cost of a course shall be paid by the employee and taken on the employee's own time.

Deviations from Acceptability Criteria

The managers of any employees not meeting the above acceptability criteria will receive written notification from the Safety and Risk Management Office; a copy of the notification will also be forwarded to Human Resources for placement in the employee's file.

Employment-related driving is forbidden at this time unless an exception is granted (see below). If current duties cannot be performed without driving responsibility, the employee may be reassigned to an available, non-driving position for which the employee is qualified. If no such position is available, the employee will be terminated.

Disciplinary action or other administrative action may be appropriate for drivers who do not maintain acceptable driver status.

Exceptions

In accordance with System Administrative Memorandum 03.E.06, each university must adopt a process by which exceptions to this policy may be granted. The university’s process for exceptions follows:

Upon receipt of a MVR indicating unacceptable driver status, the campus Safety and Risk Manager will inform the employee’s supervisor and the Vice President of Administration and Finance.
The employee’s supervisor and the Safety and Risk Manager will review, taking into consideration the type of infraction(s), whether the employee drives occasionally or frequently as a necessary part of the job and/or any other factors that may be relevant. Each will make a recommendation to the Vice President.
The final decision as to whether an exception to standards will be permitted, and if so, what conditions (if any) are imposed, will be made by the Vice President. This decision will be communicated by the Vice President in writing to the employee’s supervisor, the Safety and Risk Manger, and Human Resources.
The employee’s supervisor will communicate the decision to the employee and counsel accordingly;
On a quarterly basis, the Safety and Risk Manager will send a report to the UHS Executive Director of Safety and Risk Management explaining any exceptions granted to the acceptability criteria and the rationale for the exceptions.

Employee Drug Testing

Annual alcohol and controlled substance drug testing will be required for any employee position requiring the possession of a class “A” Commercial Driver License. Prior to extending the offer of employment to any person whose written position description requires a class “A” commercial driver’s license, written confirmation of an acceptable drug test must have been received through Human Resources, who will coordinate the testing. Payment for the testing will be the responsibility of the applicant.

Travel Requests

Approved travel requests are required in advance of actual travel. The Travel request document serves several functions:

It serves as the employee’s official request for business related travel;
Once approved, it serves as official university authorization for the travel should workers compensation, insurance claims, or other questions later arise;
The document keeps the supervisor (and the department) informed of employee activities and helps in planning and scheduling;

Other Restrictions on Use of University-owned, Leased or Rental Vehicles

University-owned or leased vehicles may be assigned to departments but not to specific employees;
Students are prohibited from driving unless 1)they are also employed by the University and 2) they have been authorized after MVR review;
Vehicles shall not be kept at a personal residences overnight unless there is an emergency or other operational necessity;
Users of owned/leased vehicles must log all travel and report any vehicle discrepancies (as noted below), in the vehicle log in each vehicle to comply with state law.
Each authorized driver using any owned or leased vehicles (not day rental vehicles) must complete the following vehicle log/report entries in compliance with state law: 1) State Vehicle Use Report Log; 2) Passenger Log, and 3) Vehicle Discrepancy Report;
When renting a vehicle, University employees are required to use a state-contracted car rental agent if that vendor can provide the type vehicle required in the needed location. Certain state approved exceptions are allowed but must be documented on the Travel Voucher for reimbursement. The Texas Building and Procurement Commission contracts with car rental agents for use by employees conducting business away from their primary business location. Most rates include unlimited free mileage within the state of rental, free Loss Damage Waiver, and free primary liability coverage;
The university is not responsible for damage or loss of personal property in university-owned, leased, or rented vehicles;
Smoking in university-owned or leased vehicles is prohibited. The vehicle upholstery and interior harbors smoke residues which can cause complications for other drivers with allergies, asthma, or other health problems.
Inappropriate uses of state vehicles will be reviewed by the Director of Facilities, in accordance with the University Fleet Management Plan.

State of Texas Vehicle Use Report (University-owned and Leased Vehicles Only)

Texas State Law, Article 6252-21, Vernon's Civil Statutes requires whoever uses an automobile shall make a written report of such use each day, showing the purpose for which the vehicle was used, the mileage traveled, the amount and cost of gas and oil used, the passenger(s) carried and such other information necessary to provide a proper record of the use of the vehicle. Records are subject to inspection by State and System auditors for compliance. For this purpose, the driver must fill in the State Vehicle Use Report Log and the Passenger Log before returning the vehicle packet. These logs are issued with the vehicle packet to each driver or stay with the vehicle.

Vehicle Discrepancy Reports (University-owned and Leased Vehicles Only)

It is the responsibility of the driver to report any vehicle problems in the Vehicle Discrepancy Report located at the front of the State Vehicle Use Log. The driver must also notify the Facilities Services department as soon as possible if there is a vehicle problem so that repairs can be scheduled. The actual cost of repairs will be billed back to the responsible department. In the event of an owned or leased vehicle breakdown when traveling, the user should attempt to have the car repaired if possible, either using a university credit card or paying for the repair personally and claiming reimbursement upon return.

Mileage Reimbursement when Using Personal Vehicles

An employee may be reimbursed for mileage at the official state rate when a personal vehicle is used for university business whether local or outside the component university area. Mileage reimbursement is not available for those employees receiving automobile allowances. To be eligible for reimbursement, a Travel Request must be submitted in advance. The state mileage reimbursement rate takes into account gasoline costs, wear and tear on the vehicle, maintenance and insurance.

Insurance Coverage for Authorized Drivers

Owned or Leased Vehicles - Automobile liability coverage is provided for authorized drivers of university-owned, leased, or rented vehicles.

Rental and Personal Vehicles - When an employee rents a vehicle in the university's name or uses a personal vehicle while traveling on university business and a Travel Request has been approved, university insurance coverage includes death and dismemberment, component university liability, and workers' compensation. The employee's personal insurance is expected to cover driver liability, comprehensive and collision damage to the vehicle. The University's automobile insurance does not provide comprehensive or collision coverage for an employee's personal vehicle. Because of this exposure, employees are encouraged to use university vehicles if available rather than personal vehicles for university business. Should the employee's insurance carrier deny coverage or should any legal action by a third party exceed the primary liability limit, the component university's automobile coverage will provide excess liability protection.

When a vehicle is rented from Enterprise or another authorized contract provider under the State of Texas contract, the rental rate includes two kinds of insurance:

LDW (Loss/damage Waiver or comprehensive) -covers all damage to the rental vehicle if it was rented under the state contract
Liability -covers persons and property outside the rental vehicle up to designated limits. The rental car contracts do not cover persons and property inside the rental vehicle. State employees, while in the course and scope of their employment, are covered by Worker’s Compensation

If a vehicle is rented from a non-contract rental car vendor, insurance may or may not be included in the base rental rate. You must inquire at the time of rental if LDW and Liability contract insurance coverage is included. If it is not, purchase the LDW and Liability insurance, otherwise your personal insurance is primary; you will also be required to pay any deductibles associated with damages. If a non-contract rental vehicle is used under an allowable exception, LDW and Liability insurance charges will be reimbursed. Personal Accident insurance, Safe Trip insurance and Personal Effects insurance are not reimbursable expenses.

Workers’ Compensation Insurance Coverage

University employees while on official component university business are covered for bodily injuries by Workers' Compensation insurance through the State Office of Risk Management. Injuries resulting from accidents must be reported to the Human Resources Workers’ Compensation Claims Coordinator immediately.

Accident and Loss Reporting When on University Business

Accidents and losses must be properly reported in accordance with state law and System policy. This includes accidents involving university-owned or leased vehicles as well as personal vehicles or rental cars used for university business. Failure to report accidents and losses in accordance with the prescribed guidelines may result in loss of authorization to drive university vehicles and may result in disciplinary action up to and including dismissal.

An accident report must be filed with the local law enforcement authority having jurisdiction for any accident where injuries and property damages exceed $500 and for an accident that involve a driver who is intoxicated, unlicensed, has no insurance or attempts to leave or leaves the scene.

Law enforcement authorities should be summoned when there are injuries involved, when the cars cannot be moved, when one of the drivers is intoxicated, when one of the drivers has no insurance or when one of the drivers leaves the scene of the accident.

The Office of Business Services will report accidents, when required, to the UH Director of Risk Management.

On Campus Accidents – If the accident or loss occurs on property owned by the UH System, the component university campus police, or appropriate law enforcement authority, should be contacted immediately. If the accident occurs outside the jurisdiction of campus police, the incident should be reported to the appropriate law enforcement authority. On the Victoria Campus, the Victoria Police Department has jurisdiction for traffic accidents.

Off Campus Accidents - Any University of Houston-Victoria employee involved in an accident while driving a University vehicle off campus must notify the law enforcement authorities with jurisdiction in that area, and immediately complete the accident checklist sheet in the glove compartment.

For all business related accidents:

Employees must complete an Accident Report and submit to Business Services, Safety and Risk Manager, within 24 hours if possible;
Any injuries sustained must be reported by the employee or supervisor to the Human Resources Workers' Compensation representative, within 24 hours if possible;
The component university risk management liaison, Business Services, shall insure that accidents are reported to the System Safety and Risk Management Department and insurance claims are initiated, if required.

Accident Review Procedure

In accordance with UH System policy, the University has a mechanism in place for reviewing vehicle accidents. The review shall determine whether there is anything the driver could have reasonably done or anticipated that would have prevented the occurrence. The University has designated the Safety and Risk Advisory Committee as the accident review group. That committee, or a subcommittee of that group, may make one or more of the following recommendations, when it is appropriate:

A cautionary letter;
Enrollment in a defensive driving course with proof of attendance;
Restricted use of university vehicles;
Attendance in traffic court with written report of proceedings;
Assessment of part or all damage costs to University property;
Transfer to a non-driving assignment; and/or
Other disciplinary action, up to and including dismissal.

Written recommendations will be directed to the Vice President of Administration and Finance for accidents involving staff or student employees. Recommendations involving faculty will be directed to the Provost and Vice President for Academic Affairs. The appropriate Vice President will make the final decision on action to be taken as part of any recommendations. If a recommendation results in any type of personnel and/or disciplinary action, the University will follow established System or component university policies and procedures pertaining to the type of personnel action taken.

Approved by:

Signature obtained 5/23/05
Tim Hudson, Ph.D. Date
President

Next review date: May 2007
Origination: Business Services

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