Vehicle and Driver Safety Policy

Effective Date

June 12, 2017

Last Revision Date

September, 2023 

Responsible Party

Human Resources

Scope

All employees, students, volunteers, contractors and contingent workers.   

Purpose 

The purpose of Marymount University’s (“University”) Vehicle & Driver Safety Policy is that any motor vehicles used on university business are operated in a safe and responsible manner in accordance with local and federal regulations and that all operators follow the requirements and procedures set forth in this Policy.  

Policy Statement

The goal of this Policy is to establish a uniform, university wide program to:

1. Promote safe operation of university-owned and leased motor vehicles, including golf carts and utility vehicles;
2. Encourage the safety of drivers, passengers, and the general public.
3. Minimize the frequency of accidents and reduce the severity of personal injuries and property damage.

1.0  Organization and Responsibilities

For students and employees who are designated drivers by their department and who are likely to drive more than ten (10) times during the calendar year (6/30 to 6/30).

1.1  For Drivers of University-Owned or Leased Vehicles:

To operate a University-Owned or Leased Vehicle, all drivers must meet the following:

1. Possess a current, valid United States driver’s license issued by the Department of Motor Vehicles from their state of residence or the District of Columbia;
2. Attend a university driver safety training course;
3. Complete the Policy Acknowledgement and Driver Record Release;
4. Meet and comply with all sections of this policy.
5. Notify their manager immediately and do not  drive if:
   1. their license is suspended or revoked for any reason;
   2. they have any illness, injury, physical condition or use of medication that may impair or affect their ability to safely drive a vehicle;
   3. they have any violations identified as High Risk in this Policy.

1.1.2  FAILURE TO REPORT CONDITIONS NOTED IN DRIVER REQUIREMENTS ABOVE IS A VIOLATION THAT COULD RESULT IN DISCIPLINARY ACTION, UP TO AND INCLUDING DISMISSAL. 

1.1.3 A driver will be subject to termination if his/her license is revoked, unless a suitable replacement non-driving job in the university is available; or may be subject to other disciplinary action if his/her license is only temporarily suspended.

1.2  Departments are required to:

1. Authorize driving privileges for all departmental vehicle designated drivers;
2. Ensure all designated drivers attend university driver safety training;
3. Verify all drivers complete a Policy Acknowledgement and Driver Record Release;
4. Immediately document and report all motor vehicle incidents using the Vehicle Accident Report.
5. Take any appropriate disciplinary or other action following a motor vehicle accident.

1.3  Human Resources will:

1. Annually, or more frequently as warranted, check each designated driver’s Motor Vehicle Record (“MVR”) for acceptability and notify the department manager to take immediate action to suspend driving in any high risk situation;
2. Coordinate any disciplinary action with the department following a motor vehicle accident.

1.4  Risk Management will:

1. Establish and implement, this Policy;
2. Coordinate periodic driver training classes with the university’s insurance carrier;
3. Administer all insurance claims as reported by the various departments and coordinate coverage issues with the university’s insurance carrier.

2.0   Vehicle Use

2.1  University Owned or Leased Vehicles

Drivers who satisfactorily complete a Policy Acknowledgement and Driver Record Release and University Driver Safety Training will be permitted to operate university-owned or leased vehicles. A commercial driver’s license “CDL” will be obtained in compliance with state and federal regulations, where required.

2.2  Rented Vehicles

2.2.1  Rental vehicles should be obtained whenever possible through a vendor recommended by the university’s Purchasing Department to ensure good rates and avoid taxes with our non-profit status. 

2.2.2  Drivers should decline any offers by the rental company for liability and collision damage waivers as that is already included in our institutional vehicle insurance policy. 

2.2.3  Contact Risk Management one week before the trip if proof of University insurance must be provided to the rental agency.   

2.2.4  Driving overseas is discouraged.  Contact Risk Management to ensure the driver is covered abroad by appropriate insurance.

2.3  Personal Vehicles on Institution Business

2.3.1  With approval by the supervisor or department head, employees of the university may use their own personal vehicles for official business and request reimbursement for their actual documented mileage at the Internal Revenue Service (IRS) standard mileage rate for reimbursable business miles. This IRS rate includes taxes, repair and maintenance, and insurance for the vehicle and as such the university will not pay for insurance premiums or deductibles if a personal vehicle is involved in an accident while on university business. In the event of a vehicle accident during the conduct of official university business, the employee’s personal automobile insurance coverage will be considered primary, including all deductibles in their policy and any losses up to their own policy limits.  Marymount University’s insurance will provide secondary liability coverage after the driver’s policy limits have been exhausted.

2.3.2  Additional responsibilities of employees who drive non-university vehicles while conducting University business include:

1. Maintaining automobile liability insurance limits of at least $100,000 per person, $300,000 per accident, and $25,000 property damage; 
2. Maintaining current state vehicle inspection, if the state requires one; and
3. Maintaining the non-university vehicle in a safe operating condition. 
4. University employees should not use their personal vehicles to transport other university employees or students for medical treatment. To do so may involve unexcused work absences or employee personal liability for further injury or accident during transit.

2.4  Personal Use of University Vehicles

A university-owned or-leased vehicle may be driven for personal use only at the discretion of the driver’s department head or manager. Personal use is limited to the assigned driver and must be documented and reported annually to the Business Office for reporting to the IRS as taxable compensation. Departments may implement other personal use restrictions, such as radius of operation, at their discretion. However, any such additional restrictions must be in writing and communicated to all affected drivers. The privilege of driving a University vehicle for personal use is subject to change by the University at any time.

2.5  Unauthorized Use of Vehicles

Assigned drivers and other authorized employees shall not allow an unauthorized individual to operate a University vehicle. No exceptions. Disciplinary action may be taken. Additionally, if unauthorized use results in an accident, the responsible employee may be required to make restitution for the damages.

3.0  Driver Safety

3.1  Safety Belts

The driver and all occupants are required to wear safety belts when the vehicle is in operation or while riding in a vehicle. The assigned driver is responsible for ensuring all passengers wear their safety belts.

3.2  Impaired Driving

The driver must not operate a vehicle at any time when his/her ability to do so is impaired, affected, influenced by alcohol, illegal drugs, prescribed or over-the-counter medication, illness, fatigue, or injury.

3.3  Traffic Laws

Drivers must abide by all federal, state, and local motor vehicle regulations, laws, and ordinances including those that pertain to mobile phones and electronic devices.

3.4  Vehicle Condition

Drivers are responsible for ensuring the vehicle is maintained in safe driving condition. Document any vehicle issues and report these issues immediately to the department manager. Drivers of daily rentals should check for obvious defects before leaving the rental office/lot and, if necessary, request another vehicle if the driver deems the first vehicle unsafe.

3.5  Distance Driving Limitations

The university recognizes that drivers may periodically be required to drive long distances in either university-owned vehicles, leased vehicles or, occasionally, personal vehicles for university-sponsored sporting events, activities, and other university business. To maintain driver safety and awareness on these long trips, the length of combined driving and event participation time should be limited, multiple qualified drivers should be used and a ‘co-pilot’ passenger is strongly recommended.

3.6  Transportation of Others

University employees should not use their personal vehicles to transport other university employees or students. To do so may involve employee personal liability for injury or accident during transit.

3.7  Motorcycles

Drivers are prohibited from using motorcycles when traveling on university business.

3.8  General Safety Rules

Drivers are not permitted to:

1. Pick up hitchhikers.
2. Accept payment for carrying passengers or materials.
3. Use any radar detector, laser detector, or similar devices.
4. Push or pull another vehicle, or tow a trailer not already approved.
5. Transport flammable liquids or gasses unless a VDOT or UL approved container is used, and only then in limited quantities.
6. Use of burning flares is discouraged. The preferred method is the use of reflective triangles.
7. Assist disabled motorists or accident victims beyond the Driver’s level of medical expertise. If a driver is unable to provide the proper medical care, he/she must restrict his/her assistance to calling the proper authorities. Your safety and well-being is to be protected at all times.

3.9  University and Personal Property

Drivers are responsible for university property such as portable computing and communications devices (iPhone, pager, iPad, laptop, etc.), work papers and equipment under their control. The University will not reimburse the driver for stolen personal property.

3.10  Prohibition against Distracted Driving

Marymount University expects its drivers to comply with applicable laws regarding safe driving. To that end, the University prohibits drivers from talking, texting, or emailing on mobile phones or electronic devices (cell phones) without using a hands-free device, during work hours or for any work-related purposes. Failure to comply with this Policy may constitute grounds for disciplinary action up to and including termination.

4.0  Driver Selection

4.1  Motor Vehicle Report (MVR) 

4.1.1  A driver’s personal and professional driving habits are a good indicator of how he/she will operate a university vehicle. A MVR will verify information about a driver’s accident and traffic violation history. Human Resources and departments must ensure all drivers complete the Policy Acknowledgement and Driver Record Release to verify a driver’s MVR for acceptability before granting driving privileges. 

4.1.2  Human Resources will check all MVRs annually or more frequently as deemed necessary. The University maintains the right to conduct periodic and random review of MVRs at its discretion. An electronic copy of the most recent MVR will be maintained by Human Resources. All employee-applicants should be informed in writing by the hiring department if employment is conditional upon receipt of a satisfactory MVR; that is, an MVR not meeting the definition of a High Risk Driver (“HRD”), as defined in this Policy.

4.1.3  If the information on the MVR shows the new employee is a HRD, Human Resources may, in its discretion, grant driving privileges in writing, but only on a probationary basis and subject to the disciplinary process under Human Resources Policies. Drivers with unacceptable driving records or improper license classification should be reassigned to non-driving duties until appropriate corrective action has been taken. 

4.1.4  Drivers must notify their Department Head and Human Resources, and must not drive, if their license is suspended or revoked. 

4.1.5  Human Resources will follow the following general process for classifying drivers on the list of eligible drivers:

1. Green (G) – Clear: Driver has 0 to +5 points on record. Clean driving record and/or has previous violations that have been cleared by the driver’s DMV which is documented 
2. Yellow (Y) – Caution: Driver may have several violations but not enough to be considered high risk. Likely to possess points for driving violations which are documented as well as informing the driver and their manager of the status. Also, within six months another MVR check is performed to verify the driver’s record did not reach a high risk status.
3. Red (R) – High Risk: A driver falls into the high risk criteria listed below and this is documented according to the following procedures. A driver will be classified as a HRD if the MVR check indicates six (6) or more points, or if it is otherwise determined that the driver has one (1) or more of the following violations:
   1. Conviction for an alcohol and/or drug related driving offense;
   2. Refusal to submit to a Blood Alcohol Content (BAC) test;
   3. Conviction for reckless, negligent or careless driving;
   4. Any combination of three or more moving violations, “At Fault Accidents” or “Preventable Accidents” within the most recent three years;
   5. Suspension, revocation, or administrative restriction of driver license within the past three years;
   6. Leaving the scene of an accident, as defined by state laws;
   7. Conviction of a felony, homicide, or manslaughter involving the use of a motor vehicle, or at fault in a fatal accident;
   8. Felony committed involving a vehicle;
   9. Three or more university vehicle physical damage claims in any twelve-month period;
   10. Suspension, revocation, or administrative restriction of driver’s license within the past three years.

4.1.6  An employee whose job duties include driving as an essential function must maintain a valid driving authorization and a failure to do so may result in the loss of driving authorization and an inability to perform required duties resulting in disciplinary action, up to and including termination of employment with the university. Such action is to be conducted by the employee’s department in cooperation with Human Resources, under the provisions of Human Resources Policies Practices. There are two options to be considered by the department and Human Resources as follows:

1. Option 1: Probation.  The department must do all of the following:
   1. Place the HRD on probation subject to the disciplinary process under the Human Resources Policies and obtain a MVR every six months for the duration of the probationary period. Notify Human Resources and Risk Management of any additional violations while the driver is on probation;
   2. Immediately suspend driving privileges if any or an additional violation occurs while on probation or if any terms of probation are violated in accordance with the disciplinary process under the Human Resources Policies. Notify Human Resources and Risk Management immediately;
   3. Confer with Human Resources or Risk Management on any stipulations, operating limitations, or other conditions, such as: loss of all university vehicle driving privileges; loss of university vehicle driving privileges between work and home or loss of personal use privileges, if applicable; referral of the driver to the Employee Assistance Program (“EAP”); transfer of the driver to a non-driving position; or require additional driver training.
   4. The terms of the probation must be made to the driver in writing. The driver will be required by signature to signify that he/she has been informed of the probation terms and duration. The signed terms of probation should be kept in the driver’s file. If the probationary period has been served and if reinstatement of driving privileges is warranted, the department should notify Human Resources and Risk Management.
2. Option 2: Suspension of Driving Privileges.  The department and Human Resources may suspend all University driving privileges. In this case the HRD will NOT be authorized to drive a motor vehicle at any time on University business. This action may result in Human Resources either transferring the driver to a non-driving position, if such a position exists, or the driver may be subject to dismissal procedures. The driver may reapply for University driving privileges after one year of suspension by applying to Human Resources. If approved, the driver’s driving status will change from suspension to probation. However, reinstatement of driving privileges by Human Resources does not constitute an offer by the University for any driver Position. Normal job posting procedures will still have to be followed.

5.0  Driver Training

Drivers operating a motor vehicle will have the basic skills and credentials necessary to perform this function as confirmed through the driver selection process. New drivers, students, contractors, and temporary hires will receive a copy of this Policy as part of their initial orientation.

All drivers who are likely to drive ten (10) or more times during the fiscal year will participate in Driver Safety Training in a classroom course conducted by our university insurance carrier twice per year. Contact Risk Management for the next available course. As an interim alternative, satisfactory completion and documentation of an online driver safety training course will be permitted. Regular drivers may be required to participate and successfully complete a driver training program provided by the university or one of its designated agents.

Golf cart and utility vehicle operators must participate in training and safety review. Departments may provide additional training as needed.

6.0  Accident Recordkeeping and Analysis

6.1  Accident

The University considers elimination of motor vehicle accidents as a major goal. To meet this objective, all accidents regardless of the type of vehicle used, will be reported to department heads and to Risk Management for review and action, including recommendations that may include 1) Employee disciplinary actions within the guidelines of the Human Resources Policies; 2) Additional driver training and/or remedial training; 3) Improved driver selection procedures; and/or 4) Improved vehicle inspection and/or maintenance activities.

Any employee or agent of the University involved in an accident while driving a University-owned or-leased vehicle may be required to participate in alcohol & drug testing as outlined in the University Drug and Alcohol Usage and Testing Policy. Failure to participate in this testing may be seen as a positive test result and/or subject to disciplinary action.

6.2  Vehicle Related Fines

Drivers are responsible for personal payment of parking fines, speeding tickets and any other fines imposed for traffic or parking violations. The University does not authorize or condone any legal violations and is not responsible for vehicular violations incurred by employees or other drivers. Drivers are required to provide the University with a copy of any citation and proof of payment or status of violation dispute be given to the driver’s department head within ten (10) days of receipt of violation by the driver. If the citation is in dispute, the driver must notify the department head within five (5) days of the resolution of the dispute.

7.0  Vehicle Accident Reporting

Drivers will take the following actions when there are injuries to persons and/or damage to other vehicles or property:

1. If possible, move the vehicle to a safe location out of the way of traffic.
2. Call 911 for medical attention if anyone is hurt.
3. Complete a Vehicle Accident Report. Secure the names and addresses of drivers and occupants of any vehicles involved, their operator’s license numbers, insurance company names and policy numbers, as well as the names and addresses of injured persons and witnesses.
4. DO NOT DISCUSS FAULT WITH, OR SIGN ANYTHING FOR, ANYONE EXCEPT AN AUTHORIZED REPRESENTATIVE OF THE UNIVERSITY, A POLICE OFFICER, OR A REPRESENTATIVE OF THE HARTFORD, OUR INSURANCE COMPANY
5. Immediately notify your manager or department head who will notify Human Resources and Risk Management.
6. Risk Management upon receipt of the Vehicle Accident Report and related police report or other documentation will coordinate the insurance claims process. Do not have the vehicle repaired until you receive authorization from our university insurance carrier or from Risk Management. If there is a theft of or damage to the university vehicle notify the local police department, if available, to document the incident. Complete the Vehicle Accident Report with information and photographs available and submit it to Risk Management and immediately notify your manager or department head.

8.0  Vehicle Inspection and Maintenance

8.1  Vehicle Inspection

Departments and drivers are responsible for quarterly vehicle inspection.  This ensures that the general maintenance on the vehicle is up-to-date, and it increases the likelihood that damage will be noticed, documented and repaired.  All vehicles, including personally-owned vehicles, should be inspected prior to each trip.

8.2  Inspection Checklist

Documentation of the completed inspection should be maintained by the department.

8.3  Vehicle Maintenance

Vehicle maintenance can take the form of three distinct programs:  preventive maintenance, demand maintenance, and crisis maintenance. While all three types have a role in vehicle safety, the most cost-effective control is preventive maintenance. The groundwork for a good preventive maintenance program starts with a review of manufacturer’s specifications and recommendations for periodic preventive maintenance should be integrated with the actual experience of the vehicles.

8.3.1  Preventive maintenance (PM) should be performed based on manufacturers’ recommendations and should include oil/filter changes, lubrication, tightening belts, and components, engine tune-ups, brake work, tire rotation, hose inspection/replacement and radiator maintenance.

8.3.2  Demand maintenance is performed when the need arises. Vehicle parts that are replaced only when they actually fail include light bulbs, window glass, gauges, wiring, air lines, etc. Other items involve vehicle components that are worn based on information from the vehicle condition report including tires, engines, transmissions, universal joints, bushings, batteries, etc. Since these situations are identified through periodic vehicle inspection, they can also be classified within the PM program.

8.3.3  Crisis maintenance involves a vehicle breakdown while on the road. While situations of this type may happen regardless of the quality of the PM program, it is an expensive alternative to not having an effective preventive maintenance program at all. Crisis maintenance situations should be minimized through proper PM procedures.

8.4  Recordkeeping

Departments are responsible for maintaining all University vehicle maintenance records. In addition, the departments will ensure the insurance ID card and a blank Vehicle Accident Report form are kept in the University vehicle.

9.0  Golf Cart & Utility Vehicles

Golf carts and utility vehicles are used in the conduct of university business. In general, all of the policies with respect to operating other university vehicles apply to these off-road vehicles. Specifically the following apply to university golf cart and utility vehicles:

1. Driver Eligibility – Operators must follow the same driver eligibility rules as noted for other university vehicles.
2. Training – Drivers must complete an online training and safety review.
3. Cart/Utility Vehicle Safety
4. Drivers and passengers will wear seat belts, if available.
5. Occupancy of vehicles will not exceed the number of seats.
6. Occupants will remain seated and keep all body parts within the vehicle at all times, when in motion.
7. Driver will not exceed 15 MPH.
8. Drivers will drive straight up or down a slope to avoid tipping over.
9. Pedestrians always have the right of way.
10. Vehicle will not be overloaded.
11. Vehicles will not be driven off campus on local roadways.
12. Vehicle Maintenance – Departments will ensure the golf cart or utility vehicle is always maintained to manufacturer specifications and is secured safely when not in operation.