Policies

PURPOSE:  
 
To establish safe driving procedures and requirements for all employees that are required to operate a motor vehicle as an essential function of their job and those assigned a vehicle for personal use.
 
POLICY:
 

1. It is the policy of Utica University to ensure that all personnel required to operate a motor vehicle as an essential function of their job are properly licensed, insured and trained to the specific driving criteria as stated in the policy. Our purpose for implementing this policy is to improve safety awareness and performance, in addition to creating a system of accountability for all employees who are entrusted with the serious responsibility of operating a motor vehicle as an essential function of their job.  
    
2. This policy formally establishes an accident prevention and reporting program with a minimum set of safety regulations, standards and disciplinary procedures which will be strictly enforced.  It is expected that all employees driving vehicles as an essential function of their job will fully understand these rules and the need to follow them, and it is expected that supervisors/managers will enforce them. 

ELIGIBILITY:
 
All Utica University employees, who are, or will be required to operate a motor vehicle as an essential function of their job. 
 
DEFINITIONS:
 

• Essential Function Drivers: employees who are required to operate a motor vehicle as an essential function of their job.
• Essential Function: the fundamental job duties performed in a position.
• Suspend: to bar or remove for a specified period of time.
• Revoke: to bar or remove permanently.
• Preventable Accident: an accident that could have been avoided if basic safe driving guidelines were followed as determined by the Drivers Review Board.
• 3 Second Plus Rule: a convenient way to calculate the safe following distance while traveling at different speeds for the purpose of avoiding an accident.
• Drivers Review Board: a group of designated employees coordinated and managed by the Office of Environmental Health and Conservation that are assigned to oversee and enforce the rules and regulations defined in the safe driving policy. 
• MVR:  Motor Vehicle Record.
• At-Fault Accident:  any accident where the Drivers Review Board, as it is reported in the police report or other supporting documentation, determines that the employee caused the accident, or negligently contributed to its occurrence.
• Certificate of Insurance:  a document issued by an insurance company that verifies an employee’s insurance coverage. 
• Major Violations:  at the discretion of the Drivers Review Board, consists of serious moving violations, felonies, and licensing or registration offenses directly involving a motor vehicle, examples include but are not limited to:
  • Leaving the scene of an accident or hit and run.
  • Driving under the influence of drugs or alcohol (DUI/DWI).
  • Refusal to submit to test for alcohol or failed test (implied consent law).
  • Driving while ability impaired.
  • Felony, homicide, or manslaughter involving the use of a motor vehicle.
  • Racing or excessive speed (> 20 MPH over speed limit).
  • Reckless, negligent or careless driving.
  • Driving while license suspended, or revoked.
  • Following too closely.
  • Removal, falsification, or unauthorized use of VIN or registration plate.
  • Driving without insurance or a lapse in insurance coverage.
  • Insurance that is not in compliance with the required levels of liability coverage defined in this policy. 
  • Failure to add Utica University as a certificate holder as required by this policy.  
  • School bus or school zone violation.
     
• Minor Violations:  at the discretion of the Drivers Review Board, all other moving violations, including but not limited to:
  • Speeding 20 mph or under.
  • Failure to obey a traffic sign/signal.
  • Failure to yield the right of way, illegal turn etc.
  • Failure to yield at an intersection, stop sign or traffic device.
  • Failure to yield to an emergency vehicle.
  • Improper passing or any Passing Violation.
  • Motor Vehicle equipment violations.
  • Driving on the wrong side of the road or in the wrong direction.
  • Failure to display number plates.
  • Altered license or unlawful use of license or permit.
  • Failure to have a valid operator’s license available where one actually exists.
  • Violation of License restriction (i.e. corrective lenses).

ESSENTIAL FUNCTION DRIVING PRE-EMPLOYMENT REQUIREMENTS
 

1. In addition to the employment application and the authorization for reference release form, Utica University job applicants that are required to drive a motor vehicle as an essential function of the position they are being considered for must complete a motor vehicle record (MVR) request.
    
2. Upon receipt of the MVR request, the Office of Environmental Health and Conservation will order the MVR for the applicant, however, in some cases the applicant may need to procure and provide to the Office of Environmental Health and Conservation the report from the Department of Motor Vehicles in their state.
    
3. After obtaining the applicant’s MVR, the Office of Environmental Health and Conservation will confirm that the applicant’s driver’s license and classification is valid and appropriate for the vehicle they will be required to operate.
    
4. After confirming that the applicant’s driver’s license and classification is valid and appropriate for the vehicle they will be required to operate, the Office of Environmental Health and Conservation will then conduct a driver record evaluation utilizing the Pre-Employment Driver Eligibility Matrix.
    
   1. An applicant whose MVR does not meet the following minimum standards will not be considered for employment as defined in the Pre-Employment Driver Eligibility Matrix.
       
   2. Applicants that are in the Borderline category must be approved by the Drivers Review Board.  An offer of employment will not be finalized with Utica University until it is confirmed an applicant in the Borderline category has a driving record that is acceptable to the Drivers Review Board.

ESSENTIAL FUNCTION DRIVING EMPLOYEE REQUIREMENTS
 

1. Employee Driver Evaluation Process
    
   1. A scheduled driver review will be conducted for all employees that are considered essential function drivers at Utica University.  The schedule for the driver reviews will be determined by the Drivers Review Board and is subject to change.  Utica University also reserves the right to conduct random driver reviews as determined by the Drivers Review Board.  MVR’s will also be reviewed prior to any promotion or transfer offer.  This will include obtaining an updated MVR and evaluating any citations incurred since the prior evaluation.  Occasionally, the employee may be required to assist, in any way needed, to obtain an MVR; failure to comply could result in disciplinary action up to and including termination.
       
   2. After obtaining the employee’s MVR, the Office of Environmental Health and Conservation will confirm that the employee's MVR meets the minimum driving requirements as defined in the Employee Driver Eligibility Matrix.
       
   3. Employees that are in the Borderline category will be notified of their borderline status via a coaching notice issued by the employee’s supervisor/manager.
       
   4. Employees that are in the Prohibited category will be subject to disciplinary action up to and including termination as determined by the Drivers Review Board.
       
   5. Employee’s who as a condition of employment are required to hold a valid driver’s license and drive a Utica University vehicle, have their license suspended or revoked, will be subject to disciplinary action up to and including termination as determined by the Drivers Review Board.
       
   6. Employee’s who as a condition of employment are required to hold a valid driver’ license, have their license suspended or revoked will be required to submit a written plan to the Drivers Review Board outlining how they will continue to meet the essential functions of their job without a license.  The acceptance or denial of the plan will be at the discretion of the Drivers Review Board.
       
   7. Falsification by an employee of any information that was requested during the employment process, during the bi-annual MVR review process or accident investigation process would subject the employee to disciplinary action up to and including termination.
       
   8. All MVR’s will be maintained and stored in a designated area within the Office of Environmental Health and Conservation.

Note: Utica University reserves the right to terminate employment based on the seriousness of the violation(s).
 

2. Employee Proof of Insurance
    
   1. Employee’s who use their own personal vehicle for Utica University business may be required to submit proof of adequate insurance coverage’s as determined by the Drivers Review Board.  If requested, this will be verified by obtaining a copy of a certificate of insurance.
       
   2. All certificates of insurance coverage will be maintained and stored in a designated area in the Office of Environmental Health and Conservation.
       
   3. Employees must report a loss of insurance coverage to their immediate Supervisor/Manager and the Office of Environmental Health and Conservation within 24 hours of the loss of coverage.  Failure to report a loss of coverage could result in disciplinary action up to and including termination.
       
   4. Employees who receive a car allowance that lose insurance coverage will have their car allowance placed on hold until proof of insurance coverage is received by the Office of Environmental Health and Conservation.
       
3. Safe Driving and Vehicle Maintenance Requirements
    
   1. The safety and well being of our employees is of critical importance to Utica University.  Therefore, every driver has a responsibility to not only protect themselves when on the road but to protect those around them while driving.  Employees that are required to drive on company business at any time will be expected to consistently apply and follow all of the driving and vehicle maintenance requirements of our vehicles as listed below:
       
      Safe Driving Requirements:
       
      • Use of lap/shoulder seatbelts is mandatory at all times while in a moving vehicle being used for company business, whether they are the driver or a passenger.
         
      • Employees will not allow persons to ride in any part of the vehicle not specifically intended for passenger use and/or any seat that does not include a working seat belt.
         
      • Employees are expected to follow all traffic and safety regulations of NY State including, but not limited to, adherence to posted speed limits and directional signs, use of turn signals, and avoidance of confrontational or offensive behavior while driving.  
      • Drivers will maintain a proper “Following Distance” to vehicles ahead (i.e. 3 second + Rule).
         
      • Utica University does not prohibit the use of cell phones while driving.  In NY State cellular phone/radio handset use is legally acceptable as long as the “hand-free” method is used.  All drivers must be aware of and adhere to local ordinances concerning the use of cellular phones while operating a vehicle.
         
      • Engaging in distracting activities including but not limited to, reading or handling paperwork, eating, putting on makeup, changing radio stations or music is strongly discouraged while driving, even in slow moving traffic.
         
      • Drivers will not operate vehicles while listening to electronic devices (i.e. CD’s, tapes, etc.) that require headset listening devices.
         
      • Use of alcohol, illegal drugs, prescription drugs or other substances, including certain over the counter medications that in any way impair driving ability, is prohibited.
          
      • Transporting of hitchhikers is prohibited.
         
      • Only Utica University employee’s specifically authorized are allowed to operate a company vehicle unless additional privileges are otherwise approved by Utica University.
         
      • Personal use of Utica University vehicles is not permitted unless approved by Utica University.
         
      • Vehicles will be locked and equipment secured out of sight in the trunk or other storage compartment when parked or left unattended.
         
      • Drivers must report all accidents and violations when operating a company vehicle to their Supervisor/Manager and the Office of Environmental Health and Conservation within 24 hours.
         
      • Employees required to drive as an essential function of their job that have their license suspended, revoked, restricted or are convicted of a traffic violation must inform their Supervisor/Manager and the Office of Environmental Health and Conservation within 48 hours of such action.
         
4. Operation of all Motor Vehicles on the Utica University Campus
    
   1. All drivers must possess a valid driver’s license and provide proof of same upon request.
       
   2. All operators of motor vehicles on the Utica University Campus will adhere to all NY State Vehicle and Traffic Laws.
       
   3. Operators will drive at or below the posted speed limits.
       
   4. Operators will stop for pedestrian traffic in crosswalks and walkways.
       
   5. All students, faculty, staff and visitors will park in designated parking areas and secure vehicles upon exiting.
       
5. Vehicle Maintenance Requirements:
    
   1. Safe driving depends on a vehicle that is well maintained.
       
   2. Employees that drive as an essential function of their job are required to ensure that Utica University vehicles are properly maintained.
       
   3. Utica University will provide all repairs and maintenance for its vehicles.
       
   4. Drivers are responsible for keeping the vehicle interior clean and organized.
       
   5. Drivers are responsible for reporting any actual or suspected malfunctions.
       
   6. Drivers are expected to regard all Utica University vehicles with the same care they would their own vehicle.
       
6. Accident and Traffic Violation Reporting
    
   1. Employees must report all vehicle accidents and traffic violation convictions to their immediate Supervisor/Manager and the Office of Environmental Health and Conservation within 24 hours of the occurrence.  If any bodily injury or serious damage is incurred this should be reported immediately.
       
   2. If involved in an accident, the following procedure should be utilized:  (Refer to your accident procedure envelope which is located in your vehicle glove compartment).
       
      • Secure the scene: take steps to prevent further accidents, park safely, set out warning devices, and turn on hazard lights.
         
      • Call 911.  Check the other driver’s condition.  If anyone is injured, ask for an ambulance or rescue unit.
         
      • Protect your passengers, your vehicle and/or cargo.
         
      • Obtain accurate information.  If the situation allows, distribute accident questionnaires to witnesses.  Be courteous and polite with all parties involved.
         
      • Give other driver(s) your name; address, the vehicle’s license plate number and your operator’s license number.  Collect the same information from any other drivers involved.
         
      • Discuss the specifics of the accident with only the Police, Utica University administration and other parties as directed by Utica University supervisor(s).
         
      • If the situation allows, complete the Drivers Report form at the accident scene.
         
      • Notify your Supervisor/Manager and the Office of Environmental Health and Conservation as soon as possible.
         
   3. The completed Drivers Report and a copy of the Police Reports must be submitted to your supervisor/manager and/or the Office of Environmental Health and Conservation within 24 hours.  Employees that do not report a vehicle accident and/or traffic conviction within 24 hours of the occurrence will be subject to disciplinary action up to and including termination.
       
   4. Upon receipt of the accident and/or traffic conviction information, the employee’s Supervisor/Manager must notify the Office of Environmental Health and Conservation to discuss additional information that may be needed relating to the accident or violation and to discuss what additional steps need to be taken.  Supervisor’s/Manager’s that do not notify the Office of Environmental Health and Conservation within 7 business days of receiving the employees accident/traffic conviction will be subject to disciplinary action up to and including termination.
       
   5. Employee’s involved in a preventable or at-fault accident, as determined by the Driver’s Review Board or a traffic violation during company business will be required to participate in a safe driver or defensive driver course.  This course needs to be scheduled within 6 months of being notified by a member of the Drivers Review Board of the requirement to take the course.  The Drivers Review Board has the responsibility for determining who will pay for the cost of the course.
       
   6. Upon completion of the safe driver/defensive driving course, the employee must submit a certificate of completion to their Supervisor/Manager and Office of Environmental Health and Conservation.
       
7. Accident and Traffic Violation Investigation
    
   1. The accident/traffic conviction investigation is a search for facts.  It must not only determine what happened in each accident, but it must thoroughly explore the cause of the accident/traffic violation.  Providing misleading or false information about an accident or traffic violation will result in disciplinary action up to and including termination.
       
   2. The completed Motor Vehicle Accident Investigation Report (MV104) must be submitted to the Driver Review Board within 7 business days.  The Driver’s Review Board reviews every auto accident and/or traffic violation to determine if the accident and/or violation was a preventable or an at-fault accident.
       
   3. After an accident and/or conviction is reported, the driver’s immediate supervisor will investigate the accident within 72 hours of reporting the accident and/or violation.
       
   4. Upon completion of an investigation, the Drivers Review Board will study the facts of the case to determine the corrective action that can be taken to reduce the potential for a repeat occurrence. The Board will make recommendations and determine the corrective action within 30 days.  At the discretion of the Drivers Review Board, the corrective action may consist of the following, including but not limited to: disciplinary action up to and including termination, retraining, evaluation by a professional driving specialist, probation, safe driving or defensive driving course, transfer to a “non-driving” position, or a referral to the Employee Assistance Program.
       
   5. If the Drivers Review Board determines that disciplinary action is warranted, discipline involving loss of pay, suspension or termination must be reviewed and approved by the Office of Human Resources.
       
   6. Employees may appeal the final recommendations and corrective action decisions of the Drivers Review Board by submitting a written appeal to the Drivers Review Board.  Upon receipt, the appeal will be reviewed by the Office of Human Resources and the Office Environmental Health and Conservation.  The appeal must be submitted within 90 days of being notified of the Driver Review Board’s decision.
       
8. Responsibility (Loss Control Factors)
    
   1. It is the responsibility of every employee that is an essential job function driver to comply with the safe driving and vehicle maintenance requirements as defined in this policy as well as the traffic rules and regulations of the state in which they are licensed and/or operating a vehicle.
       
   2. It is the responsibility of every Supervisor/Manager of employees that are essential job function drivers to enforce and comply with the procedures and rules as defined in this policy.
       
   3. It is the responsibility of every job applicant to comply with the essential job functions driving pre-employment requirements of Utica University.
       
   4. It is the responsibility of the Office of Environmental Health and Conservation and the Drivers Review Board to determine that employees who are required to operate a vehicle as an essential function of their job have and maintain an acceptable driving record.
       
   5. It is the responsibility of the Office of Environmental Health and Conservation to schedule and update MVR’s as determined by the Drivers Review Board.
       
   6. It is the responsibility of the employee to report a loss of insurance coverage to their immediate Supervisor/Manager and the Office of Environmental Health and Conservation within 24 hours of the loss of coverage.
       
   7. It is the responsibility of the employee to report all accidents/traffic convictions to their immediate supervisor within 24 hours of the occurrence.
       
   8. It is the responsibility of the employee’s immediate supervisor to report all accidents/traffic convictions to the Office of Environmental Health and Conservation within 24 hours of being notified.
       
   9. It is the responsibility of the Drivers Review Board to make recommendations and determine corrective action within 30 days of being notified of an accident and/or traffic conviction.
       
   10. It is the responsibility of the Drivers Review Board to review the Safe Driving Policy on an annual basis.