Motor Vehicle Policy And Fleet Management Guide

Foreword

This guide contains the basic elements concerning the safe and legal use of vehicles operated by Hudson Valley Community College, whether they are College-owned, rented, or privately owned. The following elements are reflective of various state and federal laws and regulations, insurance industry standards, and safety standards. The following practices are designed to apply to motor vehicles that are licensed to operate on public roadways and the drivers of such vehicles.

General

Statement of Purpose: These policies and/or procedures exist to promote the safe, legal, and responsible use of College vehicles owned or operated for the benefit of Hudson Valley Community College. The protection of life, property, and the good stewardship of public resources is at stake.

Application: These practices apply to any and all vehicles used for the benefit of the College that are licensed for travel on public roads.

Enforcement/Consequences: College employees are warned that failure to follow this policy will be addressed immediately and will subject the person violating this policy to disciplinary action.

Management

General: The College administration has fully endorsed this overall vehicle operations and fleet management policy / program, recognizing that first and foremost is the safety of employees, students, and the public. The benefits of this vehicle policy include wise stewardship of public resources, a good public image, conservation of budget, and responsibility to citizens. With consideration given to how vehicles are allotted, assigned, or managed, all levels of the College administration (faculty and staff) should be familiar with this master policy and fleet management program and are to be held accountable for the program's development, management, and implementation.

All College vehicles belong to the College as a whole and are considered a single College fleet of vehicles. While most vehicles are managed as individual vehicles or as departmental vehicles, they are still part of the College's fleet and will be treated as such under this policy. Having a College vehicle to operate is a privilege, not a right.

Safe and Courteous Operation: College-owned vehicles affect HVCC'S image, as does the operation of those vehicles. The public expects safe and courteous drivers in the vehicles provided. Unsafe or aggressive driving, such as those acts listed below, can create negative public impressions and result in bodily injury, death, or property damage.

1. Speeding
2. Improper passing
3. Failure to yield right-of-way
4. Tailgating
5. Failure to adjust to road or weather conditions
6. Failure to use vehicle's safety devices such as lights, wipers, turn signals, etc.
7. Improper gesturing, language, or use of horn or lights
8. Other violations of law or improper conduct

Risk Management

Liability Coverage: Hudson Valley Community College carries auto liability coverage only on all vehicles that are licensed for street and highway travel. Current Insurance Cards, as proof of insurance, must be placed and kept in every College vehicle.

There is NO liability protection coverage in force when a College vehicle is operated unlawfully or for other than official College business.

Accidents and Accident Reporting: Immediately report an accident involving a College-owned or rented vehicle to law enforcement, Public Safety, the department head, Human Resources, and the Director of Facilities. Copies of the reporting form will be sent to the College's insurance company, including license number, tag number, and insurance carrier from the other person. Do not make statements except to answer questions asked by law enforcement officials.

Injured Employee: For injuries sustained in a work-related automobile accident, Workers' Compensation coverage will serve as the exclusive remedy to employees injured in a vehicle collision while engaged in the course and scope of one's duties for the College. Your supervisor will need to contact Human Resources immediately to report the injury and to start the claim process. Non-employees should be discouraged from traveling in College vehicles.

Vehicle Use Policy

College-owned Vehicle Official Use Policy: College-owned motor vehicles are authorized for use in the performance of all travel or tasks necessary to accomplish official College business that is within the rated design capability of the vehicle. Use is not authorized for unofficial travel or tasks, the transport of unauthorized persons or items, or the performance of tasks outside the rated capacity of the vehicle. College-owned vehicles should only be driven by approved, authorized drivers and only used for official College business. Some examples of unauthorized use are but are not limited to:

1. Sightseeing or trips for pleasure unless the trip is part of the official agenda for a business conference.
2. Transporting family members, dependents, students or friends to school, daycare, medical appointments, social events or other personal activities.
3. Conducting other personal business outside the employee's scope of employment. Only authorized passengers are permitted to accompany authorized drivers in College vehicles. Non-authorized individuals such as spouses, and children should not be passengers in a College vehicle unless they are involved in the conduct of business, which is in the scope of employment of the authorized employee operating the College-owned vehicle.

Operating a College-owned Vehicle: College employees and other authorized individuals with a valid driver's license may drive a College-owned vehicle when used for official College business only. All College departments that operate College-owned vehicles are required to have all drivers read and sign the Vehicle Use Agreement (see pages 12-14 of this document). The agreement contains a provision signifying that the driver has been given a copy of the fleet policies and procedures and that he/she understands and agrees to them. The Vehicle Use Agreement also contains space for the driver's license number and it informs the driver of his/her obligation to reveal changes in the status of that license. Departments shall forward a signed copy of this form to the Office of Business Services. This agreement should be read and signed by each driver on a periodic basis after the initial signing.

College employees and approved individuals who have an acceptable driving record may operate a College-owned vehicle. Prior to operating a College vehicle, the employee is required to complete an MVR to be sent to the insurance company. All drivers who use College vehicles will have their driving records checked through the LENS system by the Office of Public Safety. This system monitors any changes to the driving record on an ongoing basis. A defensive driving course must also be completed every 3 (three) years.  

Whenever a driver of a College vehicle has his/her driver's license revoked, restricted, or suspended, the driver is required to immediately notify his/her supervisor. Failure to provide a timely notification may result in immediate disciplinary action to the driver and any College personnel having knowledge of the suspension or revocation. Disciplinary action may include the loss of driving privileges of a College vehicle, suspension from work, and possible termination.

At no time can an employee operate a College-owned vehicle to conduct College business with a suspended license.

Departments shall avoid allowing employees to travel on College business using a College-owned vehicle due to an unacceptable driving record. If travel is unavoidable, such drivers may use their personal vehicles and be reimbursed at the state-approved mileage reimbursement rate.

Drivers: Employees and authorized drivers must be at least 21 years old to operate vehicles owned and insured or rented by Hudson Valley Community College.

Personal vehicles are also included in this section when used in an official capacity because employees with a valid driver's license are covered under workers compensation while on the job. If an unauthorized person (does not have a valid driver's license) elects to drive anyway, the Office of Business services will not reimburse gasoline or mileage or for a rental vehicle. If traveling in a personal vehicle under these circumstances, the driver is assuming all risk associated with the trip.

The HVCC insurance policy requires drivers to have a valid driver's license to be covered by the policy. Drivers must obey all traffic rules and regulations in the state where they are traveling.

Tickets for traffic violations (speeding, failure to yield, and so on) will be paid by the driver of the vehicle and should be immediately reported to Business Services. Such traffic fines are not reimbursable from College funds to the individual and are considered personal expenses.

It is illegal for a driver to operate a College-owned or rented vehicle while under the influence of alcohol or illegal drugs. Smoking and smokeless tobacco are not permitted in College vehicles.

Due to the pedestrian traffic and vehicle congestion on campus, eating or drinking while driving on campus is prohibited. Making or receiving cellular telephone calls along with sending or viewing text messages while driving is strictly prohibited regardless of where the vehicle is being operated.

Misuse of College-owned Vehicles: College-owned vehicles are highly visible to the public and their use is scrutinized. Poor driving manners and inappropriate use reflect on all College employees. Operators must exercise the highest degree of prudence and courtesy. If misuse has occurred, it is the responsibility of the employee to immediately bring the misuse issue to the attention of the department head and or the Director of Facilities. The director shall investigate all alleged misuse complaints received.

Donated Vehicles: This policy applies to vehicles donated to College departments. The College will not accept donations of 15 passenger vans. Vehicles given to College departments must follow all policy requirements of a vehicle purchased with funds controlled by the College.

Personal Use: Using College-owned or rented vehicles to conduct personal business is strictly prohibited. Drivers are prohibited from taking a College vehicle to their residence unless previously approved by the Director. Only in extreme circumstances should this be approved because of the perception that a College vehicle is being misused for private purposes.

Privately Owned Vehicles: College officers and employees may be authorized to travel on College business using their private automobile. In these cases, drivers are typically reimbursed on a per-mile basis.

Owners should have current proof of insurance in accordance with state law. Having an approved travel authorization on file will confirm prior travel authorization for College business. College employees that are authorized to travel on official College business in their private automobile will be reimbursed at the established rate. All other operational and maintenance expenses are the responsibility of the owner.

The College will not reimburse for gasoline used in a personal vehicle regardless of the circumstances. College credit cards cannot be used to pay for fuel in a private vehicle. Only actual mileage may be reimbursed.

If authorized for official use, privately owned vehicles will be operated and maintained in accordance with the policies and procedures established for College-owned vehicles.

For those drivers utilizing their personal vehicles on College business, the following requirements apply:

• Must have a valid driver's license and meet the same motor vehicle record (MVR) and accident criteria as drivers of College vehicles.
• Automobile liability coverage must be maintained by the driver as prescribed by state law. The College shall be provided with evidence of this insurance coverage, which clearly lists policy declarations and coverage limits, when requested.
• In case of an accident and subsequent claim, third party losses are subject to the protections provided only if the loss occurred while conducting official College business.
• The vehicle must be maintained at owner's expense, in accordance with state law.
• Drivers must comply with all applicable state laws and regulations.
• Motor vehicle records may be checked initially, and periodically thereafter. The driver's authorization to operate their personal vehicle for College business may be revoked by management if the motor vehicle record discloses any of the following:
• The motor vehicle driver's license is revoked, suspended, withdrawn, or denied
• Operating outside the limitations of a restricted license
• A conviction for driving a motor vehicle while under the influence of alcohol or illegal drugs

Regular occasional drivers (those being reimbursed more than six times per year for business use) may be required to attend driver safety training and meetings.

The College reserves the right to withdraw this privilege at any time.

Vans (15-Passenger): The College discourages the purchase of 15 passenger vans because of safety concerns for drivers and passengers. Rental of 15-passenger vans will be prohibited unless special permission is granted by the Office of Business Services.

Tobacco Use in College-owned Vehicles: The use of tobacco products is prohibited in all College- owned vehicles.

Animals: Animals are not allowed in College vehicles unless they are transported in the conduct of College business or are required by a passenger's disability.

Non-Official Decals: No decals, bumper stickers, commercial advertising, or political stickers of any kind may be placed on any College-owned vehicle. Only official marking as required by law may be placed on a College vehicle.

Firearms: Firearms are prohibited in College-owned vehicles unless they are required for the performance of the official job duties.

Seat Belts: Drivers operating College-owned vehicles are required by law to wear seat belts at all times while the vehicle is being used for College business, in or out of the state. Front and back seat passengers also have this same requirement. College policy requires all passengers in a College vehicle to wear seat belts at all times when the vehicle is being operated, especially on campus.

Personal Property: Personal property in College-owned vehicles is not insured for loss or damage by the State. Coverage for these items may be provided by the employee's personal insurance. Drivers are encouraged to discuss such issues with their own insurance representative and should consider the addition of a "rider" on their own policy.

Vehicle Assignments: College-owned vehicles may not be used in a commuting capacity solely by virtue of an employee's job title or position.

Policy Violations: College employees are warned that failure to follow this policy will be addressed immediately and will subject the person violating this policy to disciplinary action, including possible immediate dismissal from their job.

Commentary: College-owned vehicle operators are charged with an ethical responsibility to conduct themselves in a professional and prudent business manner. An employee should not engage in any activity that would violate the obligation of trust given with the privilege of operating a College-owned vehicle. Inappropriate activities or misuse include but are not limited to:

1. Parking any College-owned vehicle at a compromising establishment for non-business activities.
2. Excessive speeding.
3. Failure to take proper care of the vehicle (washing, vacuuming, routine maintenance, etc.).
4. Using the vehicle for personal use out of the employee's scope of employment.

Rental of Vehicles

The College will allow use of rental cars when there is a demonstrated cost saving over other modes of transportation and use of the rental car is not strictly for the traveler's convenience. If an employee uses a rental car instead of a private vehicle for travel to their destination, state guidelines require documentation of the total rental expense compared to the total mileage expense for using a private vehicle. Reimbursement of the lesser expense shall be claimed on the Travel Reimbursement Voucher. Please remember that an intermediate size vehicle is normally the largest rental that will be reimbursed. Naturally, there will be occasions for which a larger vehicle is required. A waiver request form should be submitted for approval to the Office of Business Services prior to making any reservations.

Employees are prohibited from misrepresenting a rental arrangement with a state authorized rental car agency (i.e., Enterprise) for personal travel. The rented vehicle must be for official College business to request the state rate. Employees are prohibited from renting a vehicle and later filing a travel voucher that shows using a personal vehicle in order to receive a higher reimbursement rate.

Vehicles may be rented for College business in certain circumstances, such as:

• Out of town travel
• Replacement vehicle for one that is being repaired
• Transportation of guests
• Special events
• Unexpected shortage of transportation resources

While operating a rental vehicle on College business, all requirements of the vehicle safety program applies. This includes the following:

• Must have a valid driver's license, and meet the same motor vehicle record (MVR) and accident criteria as all other drivers of College vehicles.
• Drivers must comply with all applicable laws and regulations.
• Only authorized drivers may operate the vehicle.

Vehicle Rental Insurance: HVCC"S existing auto insurance covers third party damage/injuries at the fault of the college-authorized driver. The option to purchase insurance should always be declined when a vehicle is rented utilizing the state contract. Employees will not be reimbursed for insurance purchases when a vehicle is rented utilizing the state contract. College employees must always be covered by insurance either provided by the contract or by purchase, should the employee utilize a vendor that is not on state contract. However, without proper justification, the employee may not be reimbursed for vehicle rentals if the vendor is not on state contract.

Rental of Buses: Departments must plan for renting a bus or buses and submit all needed paperwork to procurement for payment.

Vehicle Records

Vehicle Tags: College vehicles will receive a "no charge" permanent state-issued tag that will remain with the vehicle throughout its useful life as a College vehicle. The Director of Facilities will order the tag and will affix it to the vehicle after verification that the vehicle is of the correct color and is properly marked with the required identification stickers / markings.

Marking of College-owned Vehicles: All vehicles, owned or leased by HVCC, shall have a permanent decal or be painted on both sides of the vehicle in letters at least three (3) inches in height and on the rear in letters not less than one-half (1 ½) inches in height, stating the name of the institution. The marking must be in a color which is in contrast with the color of the vehicle.

Maintenance

Maintenance and Care of Vehicles: Maintenance of College property is a vital responsibility when considering the best use of tax dollars. The Facilities’ Grounds Department shall establish a written policy which shall describe the planned maintenance program for its fleet. This policy shall include mechanisms to assure proper, timely preventive maintenance (oil changes, lubrication, etc.) as well as mechanisms to track costs to allow management to make proper decisions concerning the continued operation of the vehicle. At a minimum, the manufacturer's recommended maintenance schedule should be followed for each vehicle.

All maintenance and repairs performed on College-owned vehicles must be documented and retained for the life of the vehicle. All maintenance and repair information and costs should be entered into the Monthly Vehicle Summary Report. The maintenance and upkeep of fleet vehicles is the responsibility of the department head and department to which the vehicle is assigned. The department head shall enforce the policies and schedules to ensure routine service is completed as scheduled.

Vehicle Appearance and Operation: The Physical Plant Department has the authority to park (impound) a College vehicle with mechanical problems if operating the vehicle could result in a hazard to other vehicles or pedestrians. The vehicle will remain impounded until such deficiencies are corrected. Each department should develop a checklist to be updated monthly to make sure the vehicle is in an acceptable condition to drive. An example of a checklist is included in this policy.

Vehicles should be inspected monthly to ensure that the exterior appearance is kept at the highest standard. This is in reference to dents, paint damage, a vehicle in need of washing, and so on.

College vehicles should be road worthy, carry proof of insurance and emergency phone numbers. The Fleet mechanic must approve the condition of a vehicle.

Monthly Vehicle Checks: The Fleet Mechanic is responsible for checks of the following:

1. Brakes
2. Lights
3. Tires
4. Belts/hoses
5. Windshield wipers/fluid
6. Automatic transmission fluid level
7. Engine oil
8. Coolant
9. Transmission
10. Steering
11. Battery
12. Air filter
13. Inspection sticker
14. Seat belts

The department head or other supervisor should monitor and sign off on this process.

Routine Washing: It is the department's responsibility to ensure fleet vehicles represent Hudson Valley Community College appropriately. Vehicles should be cleaned inside and out as appropriate for the intended use of the vehicle. Passenger vehicles would need to be kept cleaner than a truck . Common sense should rule. If in doubt, clean it. It is recommended that all passenger vehicles be cleaned inside and out at least once monthly.

Annual Safety Inspection: The Fleet Mechanic shall schedule an annual inspection for each fleet vehicle.

Fuel Purchases: Each vehicle shall be issued a unique fuel access card for that specific vehicle. Employees that are assigned vehicles shall be issued a personal identification number that is to be kept separate from the fuel key in the vehicle. When using this key, always enter in the correct employee identification number and correct mileage. If a fuel access key is stolen or lost, notify the Maintenance Department immediately. A replacement key will be issued if needed.

Under no circumstances, can a College department use a College-authorized fuel card  fuel access key to place fuel into a personal vehicle. There are no exceptions.

Vehicle Use Agreement

Operating a College vehicle is a privilege. All drivers will be responsible and accountable to:

• Possess a valid motor vehicle driver's license. This license must have the appropriate classification and any required endorsements needed for operating the vehicle(s) assigned to the operator.
• Be subject to a driver's motor vehicle record check, and if such records show a suspension or revocation of driving privileges, the driver will not be authorized to operate a motor vehicle for Operate College vehicles for official College business only.
• Operate motor vehicles in a safe manner at all times.
• Comply with all applicable state laws and regulations.
• Maintain vehicle in a safe operating condition.
• Maintain vehicle in accordance with the maintenance schedule.
• Report moving violations to their Supervisor.
• Report changes in their driver's licensing to Human Resources or the Office of Business Services.
• Accurately complete a condition survey when turning in a College-owned vehicle.
• Accurately record and report vehicle mileage in accordance with College procedures.
• Participate in required driver safety education and training programs.
• Require all occupants to use seat belts or other restraint devices at all times.
• Pay all moving/parking violation fines and fees.
• Keep automobile ID cards in the vehicle glove box at all times, including proof of liability coverage.
• Refrain from towing any personal equipment (boats, campers, etc.) with a College-owned vehicle.
• Not alter vehicles leased, owned, or rented by the College in any way.
• Never deactivate air bags on any vehicles leased/owned by , rented vehicles or personal vehicles used for College business.
• Never operate a computer while the vehicle is moving.
• Pull off the road to a safe location prior to making or receiving phone calls.
• Comply with College policy on transport of passengers.

Operating privileges shall be revoked if:

• Driver does not adhere to responsibilities listed above.
• The driver's license is revoked, suspended, withdrawn, or denied.
• Driver refuses to undergo drug or alcohol testing in accordance with College policies or as required by applicable state or jurisdiction laws.
• The Driver at any time leaves the state of New York without an approved Out of State travel voucher
• Operating outside the limitations of a restricted license.
• The driver shall cooperate with representatives of HVCC, including insurance company personnel, and obtain written repair estimates from reputable shops or authorized dealerships as instructed. If it becomes necessary to rent another vehicle during repairs, the driver will be instructed as to provisions for a rental vehicle.
• Drivers should not make verbal or written statements concerning an incident during its immediate aftermath except to law enforcement officials or representatives of the College or its agents.

Motor Vehicle Incident Reporting Instructions for Drivers

General Information: The following information should be kept in all vehicles used for College business:

• Phone number(s) to which incidents are to be reported.
• Insurance carrier information that can be provided to other involved parties. Current proof of coverage from the liability insurance carrier should always be kept in vehicle.
• Instructions for notifying the college's insurance carrier (see insurance card)
• Instructions for contacting law enforcement and emergency personnel; and instructions for contacting roadside assistance services, if available.
• Instructions for leaving the incident scene intact, securing the scene against further collisions or injuries until emergency personnel arrive, and meeting regulatory requirements (if any) for blood alcohol testing.
  • Drivers should be at least 21 years of age in order to drive a registered and insured College Vehicle.
  • Drivers should be trained. Drivers must complete the NYS driver training course.
  • Drivers should be held responsible for the safe and lawful operation of the vehicle they are driving.