APL 11-B - The University of Maine

APL 11-B - The University of Maine

University of Maine System Section Page Effective II - B 1 of 19 9/1/16 ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GU...

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University of Maine System

Section Page Effective

II - B 1 of 19 9/1/16

ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES

TABLE OF CONTENTS I.

General

II.

University Vehicles and Administration Defined

III.

Vehicle Acquisition and Registration; Rentals and Private Vehicles

IV.

University Approved Drivers

V.

Vehicle Use Guidelines

VI.

Accidents, Violations, and Misuse of Vehicles

VII.

Vehicle Safety Maintenance and Inspection

VIII. Regulations for Vehicles on University Property Attachment I: Motor Vehicle Record Criteria for Drivers Attachment II: Vehicle Insurance and Insurance Coverage Document Attachment III: Guidelines for Incident Reporting: Motor Vehicle Accidents Attachment IV: Incident Report: Motor Vehicle Accident Attachment V: Vehicle Information Resources

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES I.

GENERAL Motor vehicles are an accepted part of everyday life and essential to the accomplishment of the goals of the University of Maine System (University). However, by their very nature, vehicles on and off University locations pose a significant risk to University faculty, administration, staff, students, visitors, and the general public. In response to this risk, the University has developed Administrative Practice Letter (APL) Section II-B outlining the University’s motor vehicle administration and required guidelines. The vehicle procedures outlined in APL Section II-B apply System-wide. However, APL Section II-B represents the minimum policy guidelines or requirements of the University. Each university (henceforth “campus”) can elect to incorporate additional restrictions or requirements to serve the best interest of the individual campus or its employees. The System Office reserves the right to audit compliance to this APL and to change either System or campus procedures when necessary to respond to an ever changing risk and insurance environment.

II. UNIVERSITY VEHICLES and VEHICLE ADMINISTRATION DEFINED A. University Vehicles “University Vehicles” include all vehicles owned or leased by the University, as well as all vehicles rented or borrowed for University use. All such vehicles fall under the authority of the campus Vehicle Administrator and Risk Manager , as defined below, including vehicles controlled by individual campus departments or colleges. In addition, personally owned vehicles used to conduct University business must be driven in compliance with this APL where applicable. B. Campus Vehicle Administrator Each university must designate a campus “Vehicle Administrator” with explicit authority and responsibility for the administration of all vehicle standards, including the requirements outlined in this APL. The name of that individual should be provided to the University System Risk Manager. The Vehicle Administrator may designate one or more employees to carry out the functions of vehicle administration; however, ultimate responsibility lies with the Vehicle Administrator.

University of Maine System

Section Page Effective

II - B 3 of 19 9/1/16

ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES The Vehicle Administrator will maintain records on University drivers and vehicles. Such records should include but are not limited to the following: approved and prohibited drivers, driver license information, driver motor vehicle record, pertinent information on vehicles (year, make, model, identification number, plate number, date of purchase), maintenance records, vehicle usage, and vehicle accidents and misuse. C. University System Risk Manager The University System Risk Manager (Risk Manager) is the System-wide authority for all University vehicle administration and guidelines. The Risk Manager has the authority to ensure that all System vehicle policies and procedures are adhered to, and acts as a resource for consultation to the campuses regarding University vehicle issues. Any exceptions to System vehicle policies and procedures need to be approved by the Risk Manager. In addition, the Risk Manager has the authority to change a campus decision regarding vehicle issues, including vehicle use or drivers, whenever it is in the best interest of the University. The Risk Manager will resolve any issues or conflicts regarding vehicles, including interpretation of this APL. The Risk Manager is also responsible for overseeing University vehicle insurance and claims. Information regarding University vehicles and accidents or misuses must be submitted to the Risk Manager by the campus in accordance with Section VI of this APL. III. VEHICLE ACQUISITION & REGISTRATION; RENTALS & PRIVATE VEHICLES A. Owned and Leased Vehicles The following regulations control the acquisition and registration of vehicles owned or leased by the University of Maine System: 1. All purchases and leases must follow procedures outlined in APL Section VII-A University of Maine System Purchasing Procedures. 2. All campuses should plan and coordinate their vehicle purchasing strategy with Strategic Procurement to ensure the best possible value. A number of options are available and each one’s cost will be analyzed based on the business case for the campus. 3. All vehicle purchase, sales, and lease agreements, titles and registrations must be in the name of the University of Maine System, 16 Central Street, Bangor, Maine 04401. 4. Vehicles for the Chancellor and Presidents are governed by the Board of Trustee policy regarding personal use and acquisition.

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES 5. All University owned and leased vehicles must carry University (300- ) license plates, except vehicles purchased or leased for use by the Chancellor, University Presidents, or others in special circumstances approved by the System Treasurer. 6. The campus Chief Financial Officer or designee may sign purchasing contracts and leases for 300-plate vehicles and campus presidents’ vehicles. Purchasing contracts and leases for all other vehicles must be signed by the System Treasurer or designee. 7. All registrations must be processed by Risk Management in the System Office. Original titles and copies of registrations are to be kept on file at the System Office. 8. New vehicles should be purchased or leased instead of purchasing or leasing used vehicles whenever possible. New vehicles typically meet higher safety and environmental standards and benefit from manufacturer assistance to dealers for governmental agencies. The purchase of a used vehicle must be approved by the University System Risk Manager. The Risk Manager reserves the right to allow campuses to purchase used vehicles for maintenance and operations purposes. 9. No vehicle may be purchased or leased when the campus has knowledge of safety problems or concerns, such as vehicles with a U.S. Department of Transportation Advisory or Warning. An exception may be made if adherence to the recommendations of any U.S. Department of Transportation Advisory or Warning fully corrects or addresses all safety problems or concerns. The System Office of Strategic Procurement should be consulted prior to any such purchase or lease. 10. Safety features, as well as cost, should be given consideration for new and used vehicle purchasing or leasing. Safety features needed for a particular vehicle should be included in the bid specifications. Safety feature considerations should include but are not limited to suitability for designated purpose, crashworthiness, cargo capacity and load position, towing capacity, ergonomics, fuel efficiency, crash detection, backup cameras and emissions. B. Rented or Borrowed Vehicles 1. Campuses may contract for the rental of vehicles, not to receive 300- plates, for a period not to exceed six months; for longer periods, rentals will be considered as leases and be subject to all lease requirements. Consecutive rentals to avoid compliance with this requirement are not allowed. 2. No vehicle may be rented or borrowed that contradicts any requirement found in this APL, without specific prior approval from the Risk Manager.

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES 3. No vehicle may be rented or borrowed when the campus has knowledge of safety problems or concerns, such as vehicles with a U.S. Department of Transportation Advisory or Warning. An exception may be made if adherence to the recommendations of any U.S. Department of Transportation Advisory or Warning fully corrects or addresses all safety problems or concerns. 4. Refer to APL Section IV-B Travel and Expense Procedures on use of rental vehicles for University Travel. Up-to-date information regarding current rental car insurance strategies is located on the University Risk Management website at: http://www.maine.edu/about-the-system/system-office/risk-management-and-insurance/

C. Private or Personally Owned Vehicles It is ordinarily in the best interests of the University if University-owned vehicles are used for conducting University business. However, if this is not possible or practical, personally owned vehicles may be used. Such use is solely at the discretion of the vehicle owner and vehicle driver. Personally owned vehicles used for University-related business should be properly registered, inspected, insured, and appropriate for such use, as determined by the vehicle driver. No private vehicle should be used for University business if the vehicle or usage contradicts this APL. The University requires that personally owned vehicles used for University business carry at least $300,000 liability insurance. See Attachment II for additional information. Privately owned vehicles drivers must meet the requirements of APL IIB section IV regarding University Approved Drivers.

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES IV.

UNIVERSITY APPROVED DRIVERS



If driving is a documented job duty and requirement, Human Resources will conduct, during their initial background screen, a Motor Vehicle Record check. Any adverse employment decision will require the review of the Motor Vehicle Report by the campus vehicle administrator, or the System Risk Manager to understand if the applicant can utilize a motor vehicle on University business as a University Approved Driver.



Information for any applicant that is determined to be a University Approved Driver by Human Resources as part of the hiring process must be forwarded to the Campus Vehicle Administrator. A copy of the driver record used to approve the driver will be provided and should include items defined in Section IV-17 of this APL.



Driving a University vehicle is a privilege conferred by the University in its own discretion, and only University approved drivers are permitted to drive University vehicles. A “University Approved Driver” is a driver who has requested the privilege to drive a vehicle on University Business and the Vehicle Administrator has approved the request. Requirements for approval are outlined in this section.



All University drivers must be made aware of University requirements regarding vehicle use as outlined in this APL.



The University reserves the right to deny use of a University vehicle to any individual.



The University reserves the right to deny an individual from carrying passengers on University business in any vehicle including personally owned vehicles. University approved drivers may drive vehicles from another campus subject to approval verification, availability, and guidelines of the campus that controls the vehicle. • Failure to comply with this APL will result in disciplinary action, and/or may result in suspension or termination of University vehicle driving privileges. • No one under 18 years of age shall be permitted to drive a University vehicle. Drivers under the age of 21 are not permitted to drive vehicles that are transporting more than 5 passengers, unless the driver has at least two years driving experience without a moving violation or an at-fault accident, AND the Risk Manager approves the driver and usage. • Potential drivers may be required to satisfactorily complete driver training or testing, at the Vehicle Administrator’s discretion, based on campus guidelines and

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES the vehicle being driven. • University buses, mini-buses, vans, mini-vans or trucks may be driven only by persons with an appropriate license and whose ability to handle such vehicles has been demonstrated, optimally through a test-drive and/or by acceptable evidence of prior experience with the type of vehicle involved. If prior experience is inadequate, it is the Vehicle Administrator’s responsibility to assure that the driver is properly trained prior to approval. • The University System strictly prohibits the use of 15-passenger vans. 12 passenger vans should be avoided whenever possible. The use of multiple mini-vans is the most safe option for larger group travel. •

Student Drivers. If necessary and appropriate to fulfill the mission of the University, it may be permissible from time-to-time to have enrolled students drive University vehicles, but only for University related and sponsored business. The student must become an approved University driver. The campus Vehicle Administrator has the authority to make the final decision regarding student drivers. Each student must have written authorization of a University faculty or staff person responsible for the activity and with the authority to approve such usage. The faculty or staff member approving student usage must be identified at the time the vehicle is signed out. Whenever possible, a staff or faculty member should be in the vehicle during usage. Students employed by the University are still considered students and not employees with regard to driving privileges.



Volunteer Drivers. In special circumstances, the campus Vehicle Administrator can approve University volunteers as drivers if it is in the University’s best interest. Volunteer drivers must be a University-approved volunteer and meet the requirements established to become a University approved driver.



Except in an emergency situation, or evaluation on a case-by-case basis by the Chief Business Officer and Risk Manager, no one is allowed to drive a University vehicle if they are not a University approved driver, including co-workers, contractors, visitors, friends, spouses or other family members. It is the University approved driver’s responsibility not to permit any unauthorized person to operate a vehicle assigned exclusively to them or their department.



University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES •

If a visiting speaker, performer, lecturer or other guest of the University is to be provided with transportation, the vehicle should be rented in his or her name from an outside rental firm and charges should be reimbursed, if appropriate, by the hosting University campus or campus department. Unless the driver has obtained insurance elsewhere, liability and physical damage coverage should be purchased from the vehicle rental firm in the driver’s name as the driver will be responsible for any claims that result from his or her usage of the vehicle.



The campus Vehicle Administrator must verify the driver license of all university drivers prior to authorizing use of a University vehicle. All persons driving University vehicles must be properly licensed to drive in Maine. State law requires residents who drive University vehicles to have a Maine license, but allows nonresidents to drive on a valid license from their home state or province. Drivers from countries other than the U.S. or Canada must have a valid and verifiable driver’s license to drive legally in Maine. Drivers must have their license in their possession when operating a University vehicle.



The Vehicle Administrator must maintain on file a record of driver information, including driver name, birth date, license number, state of license, license expiration date, and the result of the driver’s motor vehicle record check. A record should also be kept of drivers who were denied use of University vehicles and the reason for the denial.



All drivers of University vehicles are subject to University and insurance company verification of their driving record. Vehicle Administrators are to verify the motor vehicle records of all University drivers whenever possible to determine if the driver’s record meets University standards. It is suggested that motor vehicle record verification should be done at least annually and when any new driver has requested use of a University vehicle. The decision of whether or not an individual’s record is acceptable lies with the Vehicle Administrator based on established criteria. Driver record criteria will be determined by the Risk Manager and provided to the Vehicle Administrators (see Attachment I).

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER •



SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES The campus Vehicle Administrator will obtain the official driving record of drivers with Maine licenses. Unless the campus has internal means to check records, drivers with licenses from another state or country must provide proof of their driving record; acceptable proof can be a copy of the state or country’s official Motor Vehicle Record, or an acceptable signed letter from the driver's insurance agent or insurance company clearly verifying the individual’s driving record. Failure to adhere to the criteria may jeopardize the University’s insurance; in such instances, the campus permitting the usage without System Risk Manager approval, may be required to fund any costs resulting from that usage. A University vehicle driver will not be allowed to continue to operate a University vehicle and may be subject to disciplinary action for the following violations: • • • • • •

Operation of a University Vehicle when ones license has expired, been revoked or suspended; Operating a vehicle while utilizing a mobile device, including texting Violation of Operating Under the Influence (OUI) laws or other major traffic violation (major violations are determined and defined by the State); Misrepresentation of a driving record; misrepresentation of the reason and/or authority to operate or use a University Vehicle; These violations can suspend driving privileges for at least 5 years. If an abundance of incidents continue to occur while utilizing a motor vehicle, driver training may be required before the driver can use a vehicle on University Business.



Reproduced or photocopied driver licenses should not be retained on file and, if received, should be destroyed. The only exception regards commercial driver’s licenses; State law allows copies of these to be retained if the commercial license is a requirement of the individual’s employment with the University.



An approved University driver must report immediately to the Vehicle Administrator any change in license status, such as license suspension or revocation. Any citation or violation received while operating a University vehicle must be reported. In addition, all moving violations and at-fault accidents must be reported, even if the violation or accident occurred while operating a vehicle other than a University vehicle, prior to driving a University vehicle. The Vehicle Administrator will determine if the violation or accident is significant enough to affect the driver’s privilege to drive a University vehicle



Both the driver and the department or employee requesting the driver’s approval will be notified in most instances if it is determined that a driver is not approved for driving a University vehicle.

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES

V. VEHICLE USE GUIDELINES The following guidelines control the use of all University vehicles: •

University Vehicles are to be used only for University business and activities

• Drivers must operate University vehicles in accordance with these guidelines and rules of the State of operation • The Vehicle Administrator has the authority to deny or revoke an individual’s authorization to use University vehicles if that individual does not comply with University policies, or exhibits poor judgment of any kind while operating a University vehicle • Departments with vehicles under their control must abide by the System and campus guidelines and requirements. Departmentally-controlled vehicles fall within the scope of the authority granted the Vehicle Administrator • Except in rare instances, all passengers must be participating in University business or a University-sponsored activity or event at the time they are traveling in a University vehicle. Passengers should be limited to employees and students of the University, others on University business, individuals engaged in courtesies by or for the University, and certain family members if approved by campus administration and the Vehicle Administrator. No children are allowed as passengers in a University vehicle, except in instances approved by campus administration and the Vehicle Administrator (i.e. Camps, University Sponsored Activities)

University of Maine System

Section Page Effective

II - B 11 of 19 9/1/16

ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES • No University vehicle can be used to carry passengers for a fee (public livery). Such action may void the University’s insurance. Discovery of this will result in disciplinary action, including revocation of driving privileges •

Employees using cellular phones in vehicles should follow the safety and security guidelines outlined in APL Section VII-D Cellular Telephone Acquisition, Use and Reimbursement.



Employees using any mobile device will not utilize the device for any communications other than a voice call while the vehicle is in motion. Refer to APL Section VII-D for additional details.



Distracted Driving is a major safety hazard. Refrain from any activity considered distracting while operating a motor vehicle.

• Hitchhikers are not permitted in University vehicles, except in emergency situations, such as if drivers choose to render assistance to disabled motorists. However, any such action shall be done with extreme caution and only if the situation warrants it; contacting the police is a necessary first step. • No driver shall transport more passengers or a heavier load than the vehicle is designed to carry. In order to evaluate this, the Vehicle Administrator should be made aware and shall approve before commission of the load • All transportation requests for student-related activities must be authorized in writing by the sponsoring department head, faculty advisor, or appropriate administrator • University vehicles must not be loaned, rented or leased to individuals or to organizations not directly affiliated with the University • University vehicles must not be loaned, rented or leased to University employees, students or others for non-University use or activities. Also, the use of University vehicles for personal gain, such as delivery of goods or services, is prohibited • Prior to operating a University vehicle, drivers or the person responsible for signing out the vehicle should inspect the vehicle for safety concerns, such as checking tires, wipers, horn, lights and other safety equipment for observable defects. Any defects should be reported immediately to the Vehicle Administrator to determine if the vehicle is safe to operate. The responsibility of inspecting the vehicles prior to use may also be assumed by the Vehicle Administrator •

Drivers must protect University vehicles and property from theft or vandalism by

University of Maine System

Section Page Effective

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES parking in safe areas and by turning the vehicle off, removing the key, and locking the vehicle when left unattended. The University is not responsible for personal articles lost or stolen from a University vehicle • No vehicle with University (300- ) plates may be kept overnight at the home of a University employee or student. The driver’s supervisor may approve an exception for a specific trip in the case of an early morning departure or a late day return, which will be shortened by leaving from or returning to the home location. Such permission may be granted to increase safety, efficiency and reduce University costs. Individual campuses may require additional approval by the Vehicle Administrator • All operators and passengers of University vehicles must wear seat belts whenever seatbelts are available. It is the driver’s responsibility to make sure that all passengers wear their seat belts. The driver should refuse to take any passenger who refuses to cooperate and may not operate the vehicle if passengers do not have seat belts properly fastened • In the rare instance where a child is a passenger in a University vehicle, the child must be provided with a safety or booster seat when required by law. It is the driver’s responsibility to make sure that all children are seated correctly in the properly installed safety device • Drivers misusing University vehicles may be held personally liable for damages to persons or property, as well their own legal expenses and defense, since the driver is acting outside the course and scope of permitted University business. Drivers who misuse University vehicles are also subject to disciplinary action by the University • No animals are allowed in University vehicles, except in instances where this is an appropriate intended use of the vehicle. An exception is also made for Service Dogs (such as for the visually or hearing impaired) accompanying a passenger; however, proof of certification may be required • University vehicles are only to be used for their intended purposes. Any offroad use should be approved by the Vehicle Administrator and be with a vehicle appropriate for such use. Off-road use of the vehicle, in the event of damage, will be at the sole expense of the department operating the vehicle • All attempts should be made to avoid having an athletic team member drive a vehicle to or from an event in which they are participating. If another driver is not available, it is acceptable for a volunteer to become certified as a University approved driver for such travel •

Drivers should be rested and not drive more than 8 hours per day. The

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES University recommends that periods of uninterrupted driving not exceed 2 or 3 hours, separated by rest breaks

• Vehicles should be driven at speeds that are appropriate for road conditions. Vehicle use may be delayed or denied by the Vehicle Administrator if weather or conditions make driving the vehicle unsafe • Smoking or use of tobacco products is prohibited in University vehicles No drivers, before or during trips, are permitted to use medications, alcohol, drugs or other substances that cause drowsiness or other physical or mental impairment. The driver of the vehicle must not be under the influence of illicit drugs and/or alcohol at any time • No hazardous chemicals, weapons, hazardous waste, or illegal drugs may be transported in University vehicles, unless with proper administration authorization, in writing. Alcoholic beverages may not be transported except for administration approved catering purposes • No modification of University vehicles shall be made without approval of the Vehicle Administrator. This includes but is not limited to affixing signs, stickers, antennas, ladder, bike racks, ski racks. Trailer hitches and towing for personal reasons are not permitted. Hauling loads with University vehicles that could structurally damage the vehicle, or make driving the vehicle unsafe, are prohibited • Use of any radar or other speed monitoring detection device in University vehicles is prohibited, except for administration-approved use by University Police or Public Safety • Non-owned trailers, excluding leased trailers, and excess equipment cannot be used on University vehicles without the express approval of the Vehicle Administrator. Additionally, the attachment of University trailers or equipment to a personal vehicle is strictly prohibited

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES

VI.

ACCIDENTS, VIOLATIONS, AND MISUSE OF VEHICLES A. Accidents

1. The Vehicle Administrator should inform drivers of University procedures for responding to emergency situations and for reporting accidents. It is the driver’s responsibility to follow University procedures and State laws regarding required actions in the event of an accident. The University’s procedures and State of Maine requirements can be found in Attachment III of this APL. Police Reports, when applicable, will be ordered by the Vehicle Administrator if handled by campus police. If the accident occurs off-campus, the Police Report will be order by Risk Management, and any additional cost will be factored into the ultimate claims expense. 2. Any accident involving University owned, leased, or rented vehicles, or personally owned vehicles being used for University business, must be reported to the campus Vehicle Administrator as soon as possible and within 24 hours of the time of the accident. The University approved driver of the vehicle is responsible for reporting the accident. The accident should also be reported to the driver’s supervisor and to any other person or department, such as Public Safety, if so directed by the Vehicle Administrator. In the event of serious injury to a driver or third-party, incidents must be reported immediately so the appropriate officiating agencies, such as OSHA can be contacted. Failure to adhere to this rule may result in the suspension or termination of driving privileges for the offending party. 3. The campus must report the accident on the required forms to the Risk Manager as soon as possible and within 24 hours from the accident so a claims investigation can be initiated. Failure to report on time can seriously affect the ultimate cost of a claim. The Risk Manager reserves the right to allocate the settlement to the department due to late reporting when the late report caused additional defense and liability costs. 4. The driver must always seek police assistance in recording the events of an accident involving a third-party vehicle. There is no reason not to contact authorities in the event of an accident for documentation purposes. Failure to adhere to this rule may result in the complete allocation of claims cost to the department. 5. Each University owned or leased vehicle must contain within it a System Motor Vehicle Accident Report Form and Liability insurance Information card. This card provides guidelines and reporting form in the event of an accident, and includes liability insurance verification for law enforcement.

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES 6. Preventable at-fault accidents may result in revocation or suspension of driving privileges, and/or driver testing and training, as well as disciplinary action. Examples of preventable at-fault accidents include but are not limited to: accidents caused by following too close to another vehicle, accidents while backing up the vehicle, accidents at intersections, and accidents that result from driving too fast for the conditions. The Vehicle Administrator and committee will review all accidents and determine if the accident was preventable ad-hoc. Along with determination of driving privileges, the information will also be used to determine specific needs for accident prevention training and changes in University vehicle use guidelines. 7. Preventable accidents will require remedial driver training before the driver can drive a vehicle on University related business. Exceptions to this rule are in emergency situations such as plowing in low visibility, and other extreme measures. The System Risk Manager and the Director of Facilities management reserve the right to modify this policy as necessary depending on the facts of loss. 8. Once an accident investigation and appraisal are completed, all accident damage to a University vehicle must be repaired as quickly as possible and in the least expensive manner appropriate to bring the vehicle back to the condition it was in prior to the accident. B. Fines, Violations and Citations 1. Drivers are personally responsible for fines or citations resulting from their actions. No University funds of any kind may be used to pay such fines. Fines and citations become part of the driver’s record and are not the responsibility of the University. 2. If a violation, suspension or revocation occurs during the period an individual is designated as an approved driver, it is the driver’s responsibility to make the Vehicle Administrator aware of this prior to driving a University vehicle again.

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES

3. Any fines, violations or citations received while driving a University vehicle, including vehicles rented or borrowed, may result in suspension or revocation of privileges to drive a University vehicle, as well as other disciplinary action, depending on the specifics of the case. C. Misuse of Vehicles 1. Any misuse of a University vehicle, including vehicles rented or borrowed for University use w i l l result in suspension or revocation of privileges to drive a University vehicle, as well as other disciplinary action. Such misuse may also result in financial consequences to the individual and/or department. “Misuse” includes but is not limited to: violating University policy, damaging the vehicle through negligence, obtaining vehicle for use through misrepresentation. 2. The Vehicle Administrator is authorized and responsible to control and regulate misuse. When misuse is discovered, it must be reported to the Vehicle Administrator who will notify the department, appropriate campus administration, and the Risk Manager. VII.

VEHICLE SAFETY MAINTENANCE AND INSPECTION 1. Each campus must have a safety maintenance and inspection program. 2. All University owned and leased vehicles should be routinely checked and carefully maintained to provide safe transportation. 3. A vehicle maintenance schedule should be established and adhered to, and all work to every vehicle, including inspections, should be clearly documented including the date and nature of the work. Records should be retained following University record retention policies. 4. All vehicles must meet all local, state, federal and manufacturer’s requirements, and be able to pass State inspections. If the campus has knowledge of vehicles with safety problems or concerns, such as vehicles with a U.S. Department of Transportation Advisory or Warning, appropriate measures should be taken to address the problem. 5. Any vehicle deemed to be unsafe must be removed from use until the vehicle is made safe to operate.

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES

6. University owned and leased vehicles should have safety reminder stickers or labels in appropriate locations for such purposes included but not limited to ensuring use of seat belts, safety suggestions on backing the vehicle, use of appropriate oil and gasoline, non-smoking. VIII. REGULATIONS FOR VEHICLES ON UNIVERSITY PROPERTY Section 8-A of the University Charter stipulates the following regarding vehicles on University property: 1. Trustees may make rules and regulations for the control, movement, and parking of vehicles within the limits of property owned by or under the control of the University. The rules and regulations shall have the same force and effect as municipal ordinances. 2. In establishing motor vehicle rules and regulations, the Trustees may adopt the provisions of the Maine Revised Statutes, Title 30-A, Section 3009, relating to prima-facie evidence, the establishment of waiver of court action by payment of specified fees and the establishment and policing of parking spaces for handicapped persons. 3. The Department of Transportation and the Maine State Police establish Speed Limits for property owned by or under the control of the University. The University in accordance with written directions or policies of the Department of Transportation must post the speed limits. 4. The violation of any rules or regulations relating to the movement of vehicles is deemed to be a traffic infraction unless defined as a felony or misdemeanor under Maine law and is also deemed to be a violation of the Student Conduct Code. 5. District Courts are authorized to impose fines not to exceed $50 for each parking violation. 6. In general, with the exception of speed limits established by the State of Maine, each campus may establish parking fines and its own rules and regulations, in conformance with Maine Revised Statutes, Title 30-A, Section 3009, as mentioned above.

University of Maine System

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ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES

IX.

PHYSICAL DAMAGE INSURANCE



Physical Damage Insurance is able to be purchased on all vehicles owned by the University. The Risk Management Department operates a self-insurance fund. General Guidelines are as follows: • Vehicles valued under $35K at time of purchase based on the bill of sale are eligible for the program. Vehicles over $35K will be added to our group Automobile policy with varying deductible levels. • Vehicles are charged a corresponding premium per annum on their date of purchase, or during the first month of the corresponding fiscal year. Vehicles over $35K premium is charged at the market rate. Information on premiums are available in the related documents section. • The damage is subject to a $250 or $500 deductible depending on the program. • All claims to this policy must be processed by Risk Management. Failure to adhere to the rules in this APL may affect claims settlement. When renting a vehicle, specific details, regarding the insurance, are covered under the Travel and Expense APL Section IV-B Travel and Expense Procedures



X.

LIABILITY INSURANCE •

Liability insurance is provided for all vehicles operated by the University, or its representatives, in the course and scope of employment and university business. Typically, the campus department is responsible for the first $10K of any one accident involving a vehicle, and Risk Management funds the rest of the claim, up to the deductible. UMS reserves the right to modify the contribution to a claim based on the facts of loss.

University of Maine System

Section Page Effective

II - B 19 of 19 9/1/16

ADMINISTRATIVE PRACTICE LETTER SUBJECT: MOTOR VEHICLE ADMINISTRATION AND GUIDELINES

RELATED DOCUMENTS: APL Section IV-B APL Section VII-A APL Section II-C APL Section VII-D APL Section II-E APL Section VII-C

Travel and Expense Procedures University of Maine System Purchasing Procedures Withholding and Reporting for Personal Use of Employer-Provided Vehicles Cellular Telephone Acquisition, Use and Reimbursement Safety and Environmental Management System Purchasing Cards

This Administrative Practice Letter has been approved by the Treasurer of the University of Maine System.

University of Maine System 11/17/2000

UNIVERSITY MOTOR VEHICLE RECORD CRITERIA (last three years)

Number of Minor Violations

Number of At-Fault Accidents 0

1

2

3

0

CLEAR

Acceptable

Borderline

Poor

1

Acceptable

Borderline

Poor

Poor

2

Acceptable

Poor

Poor

Poor

3

Borderline

Poor

Poor

Poor

4

Poor

Poor

Poor

Poor

Any Major Violation

Poor

Poor

Poor

Poor

Notes 1) Student Drivers that fall into the "Borderline" or "Poor" category will NOT be allowed to drive a University vehicle. Student employees are "student drivers," unless there are special circumstances. 2) Major Violations include Operating Under the Influence (O.U.I.), speeding by 30 miles per hour or more over the limit, failure to stop for a police officer, leaving the scene of an accident, operating without a license, passing a stopped school bus, altering or loaning a license, giving false information, among others.

Attachment I - APL II-B MOTOR VEHICLE RECORD CRITERIA for Determination of Driver Approval Number of Minor Violations

Number of At-Fault Accidents 0

1

2

3

4 or more

0

CLEAR

Uncertain

Fair

Poor

Poor

1

Acceptable

Fair

Poor

Poor

Poor

2

Uncertain

Poor

Poor

Poor

Poor

3

Fair

Poor

Poor

Poor

Poor

4

Poor

Poor

Poor

Poor

Poor

Any Major Violation

Poor

Poor

Poor

Poor

Poor

Notes on Criteria for Determining Driver Qualification 1) The most recent three (3) full years should be taken into consideration in determining a driver's eligibility using the above chart. 2)

"Clear" and "Acceptable"

.=

the driver's record is good and they can be approved as a driver.

"Uncertain" and "Fair"

.=

the driver's record needs further analysis. See below for details.

"Poor"

.=

the driver's record is unacceptable and driving privileges should be denied.

3) Student and Volunteer Drivers that fall into the "Fair" or "Poor" category should NOT be allowed to drive a University vehicle. Student employees are "student drivers," unless there are special circumstances. 4) For employees whose record falls into the "Fair" area, the decision to allow them to operate should be carefully considered and should depend on the circumstances of the convictions/accidents. 5) Employees whose record falls into the "Poor" category should NOT be allowed to drive a University vehicle unless there are extenuating circumstances and the System Risk Manager has approved the exception. 6) Drivers who fall into the "Uncertain" category can be allowed to drive if the details of their violation or accident are acceptable. For instance, a driver with an at-fault accident that involved extensive property damage, a rollover, excessive speed, etc. may not be acceptable as a driver. Or a young driver with two recent moving violations may not be acceptable as a driver. 7) Major Violations include Operating Under the Influence (O.U.I.), speeding by 30 miles per hour or more over the limit, failure to stop for a police officer, leaving the scene of an accident, operating without a license, passing a stopped school bus, altering or loaning a license, giving false information, among others. Major Violations are defined and determined by the State. 8) The System Risk Manager should be consulted when needed to assist in the determination of a driver's eligibility.

Attachment II – APL II-B VEHICLE INSURANCE A. University Owned or Leased Vehicles B. Personally Owned Vehicles C. Rental Vehicles D. Foreign Travel The University of Maine System (University) provides Liability and Physical Damage (collision and comprehensive) insurance coverages in many instances, but not all. Below is a summary of when the insurances are or are not provided. In all instances, however, the University does not insure personal property of drivers or passengers. A. University Owned or Leased Vehicles The University provides Liability insurance coverage for University owned or leased vehicles if properly registered and while used for University business. Each vehicle should contain within it an Insurance Verification document that summarizes the University’s liability insurance. The Insurance Verification document also verifies that liability insurance coverage extends to Canada; no separate verification is needed. Physical Damage insurance coverage (collision or comprehensive) can be provided by the System office if the campus chooses to purchase coverage; however, if that option is not exercised, all Physical Damage losses are the financial responsibility of the campus or campus department. Coverage can be purchased through the University System Risk Manager. The coverage document is on the System Office’s website at http://www.maine.edu/about-the-system/system-office/risk-management-andinsurance/

B. Personally Owned Vehicles The University does not provide Liability insurance coverage or Physical Damage insurance coverage (collision and comprehensive) for non-University vehicles. If an employee or student uses a personal vehicle for University-related business, that person’s own vehicle insurance will be responsible for any insurance claims. The University recommends that personally owned vehicles used for University business carry at least $300,000 liability insurance coverage. However, if an employee’s vehicle liability insurance policy has been exhausted, the University's liability coverage will apply as excess coverage, if the driver is an authorized University employee and clearly on University business at the time of the loss. The University will not reimburse an employee, student, other private owner, or an insurance company for any vehicle damage, including deductible, or for any liability claim. C. Rental Vehicles In most instances, the University provides Liability and Physical Damage insurance coverage for vehicles rented for approved University business and driven by University-approved drivers (see below for details on each coverage type). If required by the rental company, verification of coverage can be provided through the University System Risk Manager. The University’s coverage is excess of any other collectible insurances, such as coverage provided by the rental company or through a credit card, at the University’s discretion. In most instances, coverage for rented vehicles does not extend to 1

vehicle with more than eight seats, nor to vehicles rented directly by students or for exclusive student use (contact the Risk Manager regarding any such rentals). When practical, rather than renting from an outside entity, employees should rent/use University-owned vehicles. Liability coverage is provided by the University System on vehicles rented for approved University business and used within the continental United States or Canada (see below for foreign travel). Because liability coverage is provided by the System, the employee should decline the liability coverage offered by the rental car company. Physical Damage is not covered by System Risk Management and all claims adjusted through the office will be charged back to the renting department. As UMS’ contractual relationships change with various rental car providers, up-to-date strategies for insurance on rental vehicles will be posted on the System Risk Management website. Important Notes: If a rented vehicle will be used for personal use, such as side trips to visit family or friends, then the vehicle should be rented in the individual’s name and the rental contract paid by the individual; in such instances both Liability and Physical Damage insurance should be obtained by the individual (APL IV-B Travel and Expense Procedures should be consulted regarding reimbursement for the business-use portion of the rental). The University’s insurance is not intended to cover personal use of vehicles. If a driver has any questions regarding whether usage is personal or business, contact the System University Risk Manager. D. Foreign Travel Because the insurance information below is subject to change, travelers planning to rent a vehicle in a foreign country other than Canada should contact the Risk Manager in the System office. Liability insurance coverage is provided by the University for Vehicles rented and driven by employees outside the United States and Canada. However, foreign vehicle liability coverage applies only to employees of the University (which includes student employees) who are University-approved drivers and driving the vehicle on University business. Coverage does not apply to University students or volunteers; University students and volunteers, or employees using the vehicle for personal use, should rent the vehicle in his or her name, and purchase appropriate vehicle liability insurance from the rental car company. Physical Damage is not covered by System Risk Management and all claims adjusted through the office will be charged back to the renting department. As UMS’ contractual relationships change with various rental car providers, up-to-date strategies for insurance on rental vehicles will be posted on the System Risk Management website.

Revised 9/1/2016

2

Attachment III – APL II-B GUIDELINES FOR INCIDENT REPORTING: MOTOR VEHICLE ACCIDENTS A. Overview To report a motor vehicle accident, complete and submit the following form to Risk Management in the System Office: Incident Report: Motor Vehicle Accidents (see Attachment IV). B. Instructions for a Driver Involved in a Motor Vehicle Accident 1. Remain calm. Take immediate action to prevent further damage or injury. If anyone is injured, call 911 or signal for emergency assistance. Do not move the injured unless they are in immediate danger. Do not move vehicles unless necessary for safety reasons or damage is minimal. 2. Call police to the scene so they can investigate the accident and complete a report. If a phone is not available, write down information on the other driver and vehicle (on report form), and then walk or ride to the nearest phone. Return to the accident scene as soon as possible to wait for police. Do what is possible and seems most reasonable given the circumstances. 3. Complete the accident report form. Start by immediately completing the sections for the other vehicle, driver, injured persons, and witnesses. Other sections of the form, such as the information on you and your vehicle, can be completed afterwards. Do not leave the accident scene until you have obtained all the needed information. Write clearly. Take photographs if a camera is available. 4. Be courteous and factual. Do not argue or accept blame. Do not sign anything or discuss details of the accident with anyone other than your supervisor, police or the University’s investigator. Share with the other party only necessary information, including your license, registration, and insurance information (provided on this form). 5. Turn in the completed accident report form immediately (within 48 hours) to the campus Vehicle Administrator, and to the System Risk Manager at the address shown on this form. Also provide a copy to your supervisor.

C. Maine State Police Frequently Asked Questions on Crash Protocol 1. What should I do if I’ve been involved in a traffic crash? A person should first ensure that no one is injured. If anyone is injured as a result of the crash dial 911 immediately. You should also be aware of any potential dangers as a result of the crash, such as vehicles catching on fire, flying debris, hazardous materials, possibility of more crashes due to position of disabled vehicles, etc. If any of these or similar dangers are present, dial 911 immediately. If no one is injured, a person should make contact with the local, county, or state law enforcement agency using emergency or non-emergency telephone numbers. All parties (drivers) should exchange information: driver’s license numbers, vehicle license numbers, names, addresses, and phone numbers of all persons involved, and the insurance company name and policy number of each driver. The involved persons should also write down the time and location where the traffic crash occurred. 2. What are the reporting requirements if I’ve been involved in a traffic crash? A traffic crash report will be taken by law enforcement when the following reporting criteria are met: ● The collision is unintentional, and ● The collision occurs on a public way, and ● The collision is caused by a vehicle in motion, AND ● Any personal injury is involved OR ● Combined damage to all vehicles or property is in excess of $1000.00

1

3. When should I make a traffic crash report? A reportable traffic crash must be reported immediately by the quickest means of communication to a state police officer, or to the nearest state police field office, or to the sheriff’s office, or to a deputy sheriff, within the county in which the crash occurred, or to the office of the police department, or to an officer, of the municipality in which the crash occurred. The crash must be reported by: ● The operator of an involved vehicle; ● A person acting for the operator; or ● If the operator is unknown, the owner of an involved vehicle having knowledge of the crash. 4. What is the penalty for not making a traffic crash report? A person commits a Class E crime if that person: ● Is required to make an oral or written report and knowingly fails to do so within the time required. ● Is an operator involved in a reportable crash and knowingly fails to give a correct name and address when requested by an officer at the scene; or ● Is the operator involved in a reportable crash or the owner of a vehicle involved in a reportable crash and knowingly fails to produce the vehicle or, if the vehicle is operational, return it to the scene when requested by the investigating officer. The Secretary of State may suspend or revoke the motor vehicle driver’s license and certificate of registration of a person who is required to make a report and fails to do so. 5. How can I make a traffic crash report? A report must be made to the police agency within the jurisdiction that the crash occurred. This may be a municipal police department, a county sheriffs department, or the state police. When making the report you must be able to produce your license information, registration information, insurance information, and the date, time, and location of the crash. You must also be able to produce the name and dates of birth of all passengers in your vehicle.

2

RISK MANAGEMENT University of Maine System 16 Central Street Bangor, ME 04401

Adam Green, Risk Manager 207-621-3462, [email protected] Helen Chamberland, Administrative Specialist 207-973-3332 [email protected]

INCIDENT REPORT MOTOR VEHICLE ACCIDENT

Email or fax completed form within 48 hours of incident. Email: [email protected] Fax: 207-947-7556 The University driver should complete this form to report an accident that involved a University owned, leased or rented vehicle.

ACCIDENT DETAILS AM PM Campus Responsible for Vehicle: ________ Road Conditions:

Date of Incident: Time: Weather Conditions: Location of Accident: City: State: Police Investigation Yes No Town: Officer Name: Description of Accident (Attach additional sheets if needed):

Name: Birth Date: Employee Student Plate#: Passenger Yes No Passenger Yes No Describe Vehicle Damage: Name: Address: Driver’s License #: Make: Passenger Yes No Passenger Yes No Insurance Policy #: Vehicle Owner: Owner Address: Describe Vehicle Damage: Name: Address:

Visitor Describe Injury: Name: Address: Name: Address:

Local Police

Zip: Report #: Sheriff

UNIVERSITY DRIVER AND VEHICLE INFORMATION Campus: ________ Phone: Email: Other: Driver’s License #: Make: Model: Name: Phone: Name: Phone:

State Police

Dept:

OTHER DRIVER AND VEHICLE INFORMATION Phone: Email: City: State: Birth Date: Plate #: Model: Year: Name: Phone: Name: Phone: Ins. Company: Ins. Agency: Phone: Email: City: State:

State: Year: Email: Email:

Zip: Plate State: Color: Email: Email:

Zip:

INJURIES(If more than one person injured, attach additional sheets) Phone: Email: City: State: Zip: Student Other: Age, if minor: Witnesses (Other than passengers. If more witnesses, attach additional sheets) Phone: Email: City: State: Phone: Email: City: State:

Zip: Zip:

Attachment V – APL II-B MOTOR VEHICLE INFORMATION RESOURCES •

University System Risk Manager www.maine.edu/riskmanagement



Maine State Policy Crash Investigations and Reporting http://www.maine.gov/dps/msp/vehicles_inspections/index.html



Maine Bureau of Motor Vehicles http://www.state.me.us/sos/bmv/



Maine Department of Transportation http://www.maine.gov/mdot/index.php



US Department of Transportation safety ratings for vehicle purchasing and leasing http://www.nhtsa.dot.gov/cars/testing/ncap/ http://www.nhtsa.dot.gov/cars/testing/NCAP/BASC2002/



National Highway Traffic Safety Administration http://www.nhtsa.dot.gov/portal/site/nhtsa/menuitem.9fa154a4d39f02e770f6df1020008a0c/;jse ssionid=FkUHILUP9O2rtzUOw75jDcLRsdjoUDPtYK2MOHbNMYrVNyXTcnGc!167435505



Federal Highway Administration Safety http://safety.fhwa.dot.gov/



Insurance Institute for Highway Safety http://www.iihs.org/



Bureau of Transportation Statistics http://www.bts.gov/



U.S. Environmental Protection Agency/Transportation and Air Quality http://www.epa.gov/OMSWWW/



AAA Foundation for Traffic Safety http://www.aaafoundation.org/home/



U.S. Travel Advisories http://www.travel.state.gov/



Maine Weather http://www.maine.gov/mema/weather/genweath.htm

University of Maine System Self-Insured Physical Damage Automobile Coverage Document 7/1/2015-6/30/2016

PHYSICAL DAMAGE COVERAGE AGREEMENT PART A GENERAL

I.

II.

III. IV.

V. VI. VII. VIII.

The UMS Risk Management Fund (Fund) provides coverage as outlined in the Physical Damage Coverage Agreement. This coverage is contingent on full compliance with the provisions contained in this Coverage Agreement and any other participation documents or agreements between the Fund and the Fund Member. This document is not a contract of insurance. The Fund is not an insurance company. Rather, this Coverage Agreement is an agreement between the Fund and the Fund Member to pay all covered losses subject to all provisions, including the definitions, terms, conditions, exclusions and deductibles of this Coverage Agreement and any other participation documents. You should read the entire Physical Damage Coverage Agreement to determine what is and what is not covered. Certain provisions contained in the Physical Damage Coverage Agreement will exclude, limit or restrict coverage. The terms and definitions of the Physical Damage Coverage Agreement only apply to this Coverage Agreement and do not apply to other Fund coverage agreements. The Fund, in its sole discretion, shall determine which coverage, if any, applies when a claim is reported to the Fund. The following bolded terms are defined and applicable throughout this entire Coverage Agreement: a. Automobile means automobiles and motor vehicles, trailers, semi‐trailers or any self‐ propelled vehicles or machines that are registered for use on public roads. Automobile does not mean self‐propelled motor driven equipment that are not registered for use on public roads such as, but not limited to, lawnmowers, golf carts, forklifts, or tractors. b. Covered Automobile means Automobiles that are: i. Owned by the Fund Member; ii. Leased or rented by the Fund Member for a period of 30 consecutive days or longer for Fund Member‐related activities and for which Coverage is required under the written lease or rental agreement; or iii. Owned by a Covered Person and while being used in course and scope of employment or duties on behalf of the Fund Member. iv. Participation Period means the effective dates of coverage under this Coverage Agreement. v. Any coverage under this Physical Damage Coverage Agreement only applies within the United States of America. Deductible for Physical Damage: $250 per occurrence Limit of Payment for Physical Damage: $35,000 per occurrence Premium: Based on Vehicle Make, Model Year, and Value. Minimum Premium is $200 per annum. Coverage Period: 7/1/2015-6/30/16

AUTOMOBILE PHYSICAL DAMAGE COVERAGE PART B

I.

The Fund will pay for losses to Covered Automobiles occurring during the Participation Period. Coverage is provided under: A. COLLISION—Collision provides coverage for damage to a Covered Automobiles caused by a collision with an object or another vehicle; or B. COMPREHENSIVE—Comprehensive provides coverage for physical damage resulting from a loss by a cause other than Collision.

II.

The Fund will pay for the amount of the loss to each Covered Automobile that is in excess of the deductible amount and within the limits of coverage shown in this Coverage Agreement. The deductible and limit will be applied separately to each Covered Automobile. For loss to any one Covered Automobile, the Fund will pay the smaller of: A. The actual cash value of the Covered Automobile at the time of loss; or B. The actual and necessary cost to repair the Covered Automobile with materials of like kind and quality.

III.

In the event of a recovery of a stolen Covered Automobile, the Fund at its sole discretion will: A. Return the stolen Covered Automobile to the Fund Member, with payment for any damage sustained as a result of the theft; or B. Take possession of the damaged or stolen Covered Automobile.

IV.

The Fund will make supplementary payments for the following Fund Member expenses in the event of a covered loss for: A. Reasonable storage, towing, and other accident‐related charges; and B. Rental expense, in the event of theft of a Covered Automobile of the private passenger type. The Fund will reimburse the expense incurred for the rental of a private passenger Automobile during the period commencing forty‐eight hours after the theft has been reported to the Fund and the police. Reimbursement terminates when the Covered Automobile is returned to use or the Fund pays for the loss. Reimbursement for the rental will not exceed $35 for any one day or $1,050 total.

AUTOMOBILE LIABILITY & PHYSICAL DAMAGE COVERAGE PART C

General Terms, Conditions, Exclusions & Requirements Part C of this Coverage Agreement describes terms, conditions, exclusions, and requirements that apply to all coverage provided in this Coverage Agreement and are in addition to the terms, conditions, exclusions, and requirements described in Parts A and B of this Coverage Agreement. I.

The Fund will not pay for losses or provide coverage under this Physical Damage Coverage Agreement for: A.

Property Damage for which coverage exists under any other coverage or insurance policy.

B.

Any claim in which the Fund Member or Covered Person was operating a Covered Automobile in a manner for which it is legally prohibited for use.

C.

Loss or Property Damage that is a result of freezing, wear and tear, rust, inherent defect, faulty repair, mechanical or electrical breakdown unless the damage is the direct result of a covered loss.

D.

Loss to tires on a Covered Automobile unless the loss is a direct result of a covered loss.

E.

Property Damage arising out of the ownership, maintenance, operation, use, loading or unloading of any aircraft.

F.

Loss or Property Damage arising out of the ownership, maintenance, operation, use, loading or unloading of mobile equipment that is not registered for use on public roads.

G.

Any claim arising out of the ownership, maintenance, operation, use, loading or unloading of any 15‐passenger van, unless the van is being used for the transportation of Fund Member employees only.

H.

Loss or Property Damage caused by the following: 1. Use, seizure or destruction of Covered Automobile by order of governmental authority; 2. Nuclear reaction or radiation, or radioactive contamination, regardless of cause; 3. war, undeclared or civil war, warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; 4. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these;

I.

Loss, Property Damage or Bodily Injury caused by an Act of Terrorism or actions taken by any government branch or agency in response. This exclusion applies whether or not the Act of Terrorism was committed in concert with or on behalf of any organization or government. Act of Terrorism means any incident determined to be such by an official,

department or agency that has been specifically authorized by federal statute to make such a determination. J.

Damages, costs or interest attributable to punitive or exemplary damages, or to consequential damages for loss of profits or income, or to multiple or additional damages intended as a penalty.

K.

Fines, monetary sanctions or penalties, assessed as court costs or otherwise, imposed against any Covered Persons if attributable to the acts or omissions of that Covered Person, or to civil penalties authorized by statute.

L.

Any defense for any Covered Person who has allegedly violated any criminal law where such alleged criminal acts have resulted in the filing or obtaining of a criminal charge or information or indictment against any Covered Person.

M.

Any defense for any Covered Person who has engaged in malicious or intentional acts.

N.

Loss, Property Damage or Bodily Injury, including any defense of such claim, arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of Pollutants from a Covered Automobile, including testing and monitoring for Pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to petroleum products, asbestos, smoke, vapor, lead, soot, fumes, acids, alkalis, electromagnetic radiation, mold, chemicals and waste. Waste includes but is not limited to, materials to be recycled, reconditioned or reclaimed.

O.

Bodily Injury to any employee of the Fund Member arising out of and in the course and scope of his employment by the Fund Member, or to any obligation of the Fund Member to indemnify another because of Damages arising out of such injury.

P.

Claims for which each Covered Person is legally obligated to pay Damages or Claim Expense by reason of the assumption of liability in a contract or agreement, or arising out of breach of any contract or agreement including any claim sounding in tort for which is based directly or indirectly on a contractual obligation. This exclusion does not apply to contracts regarding the lease or rental of Automobiles by the Fund Member.

II. OTHER INSURANCE OR COVERAGE A.

If a claim is made that could be covered under more than one line of coverage offered by the Fund, the Fund will determine which line of coverage, limits and deductibles apply. It is the intention of this provision that there shall be no accumulation or stacking of coverage.

B.

Coverage as provided by this Coverage Agreement shall always apply as excess over any other insurance or coverage that applies to a loss regardless of whether the other insurance or coverage applies on a primary, excess, or contingent coverage basis.

C.

If a loss covered by both this Coverage Agreement and other insurance or coverage applies on an excess basis, the Fund will not pay for a greater proportion of the loss than that stated in the applicable contribution provision below: 1. Contribution by Equal Shares—If all of the other insurance or coverage provides for contribution by equal shares, the Fund will not pay for a greater proportion of the loss than its equal share until the share of the other insurance or coverage or the Fund Member’s limits equals the lowest applicable limit of liability under any of the coverage, or the full amount of the loss is paid. Any remaining amount of loss will be paid by any remaining Fund Member’s limit of liability, until exhaustion, by continuing to contribute equal shares to the remaining amount of loss. 2. Contributions by Limits—If all of the other insurance or coverage does not provide for contribution by equal shares to the loss, the Fund will pay the applicable Fund Member’s limit of liability in proportion to the total limit of liability of all other insurance or coverage.

III. FUND MEMBER’S and COVERED PERSONS DUTIES A. In the event of a loss, Occurrence, claim, or suit that may result in a claim the Fund Member or Covered Persons must: 1. Give the Fund notice of the loss, Occurrence, Claim, or suit as soon as practicable, but in no event more than 30 days from the Fund Member’s or Covered Person’s knowledge of the loss to the Fund; 2. Provide in the notice to the Fund the time, place, persons or witnesses involved, and the circumstances of the loss, Occurrence, claim, or suit. If failure to provide notice prejudices the Fund's defenses, there is no liability coverage under this Automobile Liability & Physical Damage Coverage Agreement; 3. Immediately provide to the Fund copies of any demands, notices, summonses or legal papers received in connection with the claim or suit and authorize the Fund to obtain records and other information related to the claim or suit; 4. Cooperate with the Fund and, upon the Fund’s request, assist in investigation, defense and/or making settlement in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Fund Member or Covered Persons because of injury or Damage with respect to the coverage provided under this Automobile Liability & Physical Damage Coverage Agreement;

5. Not, except at their own cost, voluntarily make any payment, assume any obligation or incur any expenses, nor shall the Covered Persons, after a loss, waive any rights of recovery of any party; and 6. Give notice to the proper police authority if the loss or Occurrence involves a violation of a law. B. Failure to comply with the above duties may result in delay of and/or denial of claims.

IV. AUTOMOBILE LIABILITY & PHYSICAL DAMAGE COVERAGE CONDITIONS A.

Failure to comply with any or all of the Conditions or requirements of this Coverage Agreement may result in a denial of the claim or loss of coverage.

B.

Misrepresentation of any material fact, engagement in fraudulent acts, making false statements or failure to comply with reasonable Fund requests may result in loss of coverage.

C.

The Fund Member agrees to maintain a record of Covered Automobiles owned by the Fund Member. Upon request, the Fund Member will provide the record to the Fund.

D.

The Fund has sole authority in all matters pertaining to the administration of claims. All decisions on individual claims shall be made by the Fund or its designee, including, without limitation, decisions concerning claim values, payment due on the claim, settlement, subrogation, litigation, or appeals. Covered Persons shall not, except at their own cost, incur any costs, charges or expenses, or admit liability, assume any obligation or settle any claim without the written consent of the Fund. There can be no abandonment to the Fund of any Covered Automobile or other vehicles or property.

E.

The Limit Per Occurrence is stated as $0. This is a physical damage only policy. Fund will pay to all claimants arising out of one Occurrence for any loss covered under this Coverage Agreement regardless of the number of: 1. Covered Persons who are sued or otherwise made subject to claims arising out of the Occurrence; 2. Persons or organizations who sustain injury or Damages out of the Occurrence; or 3. Claims or suits brought on account of the Occurrence.

F. Any assignment by a Fund Member without written agreement of the Fund under this Coverage Agreement shall not bind the Fund. G. By acceptance of this Coverage Agreement, the Fund Member agrees to act on behalf of all Covered Persons with respect to the giving and receiving of notice of claim.

H. No action shall be taken against the Fund, unless as a condition precedent thereto, the Fund Member must have fully complied with all terms of this Coverage Agreement. No person has a right under this Coverage Agreement to join the Fund as a party or otherwise bring it into a suit filed against the Fund Member.

Risk Management Adam Green, System Risk Manager

University of Maine System

1 6 C e n t r a l S t r e e t , B a n g o r, M a i n e 0 4401 Phone: (207) 973-3331 Fax: (207) 947-7556

Motor Vehicle Use Policies Important Information on the Use of University Vehicles I. II. III. IV. V. VI. VII. VIII. IX.

General Information Permitted and Prohibited Uses Driver Information Passengers Cargo or Contents Fines, Violations, Citations, Misuse Insurance Coverages Accidents Roadside Emergencies

I. General Information University Vehicles include all vehicles owned or leased by the University of Maine System (University), as well as any vehicles rented or borrowed for University use. All such vehicles fall under the authority of the designated campus Vehicle Administrator and the System’s Risk Manager. Driving a University vehicle is a privilege conferred by the University at its own discretion, and only University approved drivers are permitted to drive University vehicles. A University Approved Driver is a person who has requested the privilege to drive a University vehicle and the Vehicle Administrator has approved the request. No one else should drive the vehicle. Failure to comply with the University’s vehicle use policies may result in disciplinary action and/or suspension or termination of University vehicle driving privileges, and may have financial consequences. Most of the information provided in this brochure is taken from Administrative Practice Letter IIB Motor Vehicle Administration and Guidelines (www.maine.edu/system/oft/apls). For more information on University vehicles, consult the Administrative Practice Letter. II. Permitted and Prohibited Uses ► University Vehicles are to be used only for University business or related University approved activities. ► No

one under 18 years of age shall be permitted to drive a University vehicle. Drivers under the age of 21 are not permitted to drive vehicles that are transporting more than 5 passengers, unless approved to do so.

► Enrolled

students may be approved by the Vehicle Administrator to drive a University vehicle, but only for University related and sponsored business. Each student must have written authorization of a University faculty or staff person responsible for the activity and with the authority to approve such usage. The faculty or staff member approving student usage must be identified at the time the vehicle is signed out. Whenever possible, a staff or faculty member should be in the vehicle during usage. Students employed by the University are still considered students and not employees with regard to driving privileges.



University vehicles must not be loaned, rented or leased to individuals or to organizations not directly affiliated with the University; and University vehicles must not be loaned, rented or leased to employees, students or others for non-University use or activities. Also, the use of University vehicles for personal gain, such as delivery of goods or services, is prohibited. 1

Risk Ma na gement

University o f Ma ine System 16 Ce ntra l Stree t, Ba ng o,r Ma ine 04401 Phone: (207) 973-3331

Fax: (207) 947-7556

_____________________________________________________________________________________________________________________________________

► No University vehicle may be kept overnight at someone’s home without the authorization of the Vehicle Administrator. ►

University vehicles are only to be used for their intended purposes; any off-road use should be approved by the Vehicle Administrator and be with a vehicle appropriate for such use.



No one may drive a vehicle that is designed to carry 10 or more occupants, including the driver, without first having completed appropriate certified training. one may purchase, rent or lease a 15 passenger vans. Contact the campus Vehicle Administrator for details on restrictions.

► No

► Smoking

or use of tobacco products, alcohol or illegal substances is prohibited in University vehicles.

► Use

of any radar or other speed monitoring detection device in University vehicles is prohibited, except for administration-approved use by University Police or Public Safety.



No modification of University vehicles shall be made without approval of the Vehicle Administrator. This includes but is not limited to affixing signs, stickers, antennas, ladder, bike racks, ski racks. Trailer hitches and towing for personal reasons are not permitted. Hauling loads with University vehicles that could damage the vehicle, or make driving unsafe, are prohibited.

III. Driver Information ► Drivers must know and observe all applicable traffic laws, ordinances, and regulations. ► Drivers must use safe driving principles, practices, and techniques at all times. Drivers must drive in a manner so as to reduce the likelihood of accidents and assure the safety of employees, passengers, and the general public, and also so as to not damage public, private or University property. Safety should not be compromised or lives put in jeopardy for any reason. ► Prior to operating a University vehicle, drivers or the person responsible for signing out the vehicle should inspect the vehicle for safety concerns, such as checking tires, wipers, horn, lights and other safety equipment for observable defects. Any defects should be reported immediately to the Vehicle Administrator to determine if the vehicle is safe to operate. ► Drivers must protect University vehicles and property from theft or vandalism by parking in safe areas, and then turning the vehicle off, removing the key, and locking the vehicle. The University is not responsible for personal articles lost or stolen from a University vehicle. ►

Drivers should be rested and not drive more than 8 hours per day. The University recommends that periods of uninterrupted driving not exceed 2 or 3 hours, separated by rest breaks. ► Vehicles

should be driven at speeds that are appropriate for road conditions, and trips should be delayed or rescheduled if weather or conditions make driving the vehicle unsafe.

► No drivers, before or during trips, are permitted to use medications, alcohol, drugs or other substances that cause drowsiness or other physical or mental impairment. The driver of the vehicle must not be under the influence of illicit drugs and/or alcohol at any time. ► Drivers

using cellular phones in vehicles should follow the University’s safety and security guidelines; in most instances, it is safer to not use a cell phone while driving.

IV. Passengers ► All passengers must be participating in University business or University sponsored activity or event at the time they are traveling in a University vehicle. Passengers should be limited to employees and students of the University, others on University business, individuals engaged in courtesies by or for the University, and certain family members if approved by campus administration and the Vehicle Administrator.

2

Risk Ma na gement

University o f Ma ine System 16 Ce ntra l Stree t, Ba ng o,r Ma ine 04401 Phone: (207) 973-3331

Fax: (207) 947-7556

______________________________________________ _______________________________________________________________________________________



No children under the age of eighteen are allowed as passengers in a University vehicle, except in instances approved by campus administration and the Vehicle Administrator. In the rare instance where a child is a passenger in a University vehicle, the child must be provided with a safety or booster seat when required by law. It is the driver’s responsibility to make sure that all children are seated correctly in the proper safety device.

► No

driver shall transport more passengers than the vehicle is designed to carry.

► No

University vehicle can be used to carry passengers for a fee. Such action may void the University’s insurance.

► Hitchhikers are not permitted in University vehicles, except in emergency situations, such as if drivers choose to render assistance to disabled motorists. However, any such action should be done with extreme caution and only if the situation warrants it; contacting the police should be the first step. ►

All occupants of University vehicles must wear seat belts whenever seatbelts are available. It is the driver’s responsibility to make sure that all passengers wear their seat belts. The driver should refuse to take any passenger who refuses to cooperate and may not operate the vehicle if passengers do not have seat belts properly fastened. Passengers should refuse to drive in a vehicle if the driver refuses to wear a seat belt. V. Cargo or Contents ► No

animals are allowed in University vehicles, except in instances where this is an appropriate intended use of the vehicle and transporting animal(s) has been approved. An exception is also made for Service Dogs (such as for the visually or hearing impaired) accompanying a passenger; however, proof of certification may be required.

► No hazardous chemicals, weapons, hazardous waste, or illegal drugs may be transported in University vehicles, unless with proper administration authorization, in writing. Alcoholic beverages may not be transported except for administration approved catering purposes. ►

The University does not insure, nor does it assume responsibility for, driver’s or passengers’ personal property.

► No

driver shall transport a heavier load than the vehicle is designed to carry.

VI. Fines, Violations, Citations, Misuse ► Drivers are personally responsible for fines or citations resulting from their actions. No University funds may be used. If a violation, suspension or revocation occurs during the period an individual is designated as an approved driver, it is the driver’s responsibility to make the Vehicle Administrator aware of this prior to driving a University vehicle again. ► Any fines, violations or citations received while driving a University vehicle, including vehicles rented or borrowed, may also result in suspension or revocation of privileges to drive a University vehicle, as well as other disciplinary action. ► A University driver must report immediately to the Vehicle Administrator any change in license status, such as license suspension or revocation. Any citation or violation received while operating a University vehicle must also be reported. In addition, prior to driving a University vehicle, all moving violations and at-fault accidents must be reported, even if the violation or accident occurred while operating a vehicle other than a University vehicle. The Vehicle Administrator will determine if the violation or accident is significant enough to affect the driver’s privilege to drive a University vehicle. ► Drivers misusing University vehicles may be held personally liable for damages to persons or property, as well their own legal expenses and defense, since the driver is acting outside the course and scope of permitted University business. Drivers misusing vehicles are also subject to disciplinary action by the University. Any misuse of a University vehicle, including vehicles rented or borrowed for University use, may result in suspension or revocation of privileges to drive a University vehicle, as well as other

3

Risk Ma na gement

University o f Ma ine System 16 Ce ntra l Stree t, Ba ng o,r Ma ine 04401 Phone: (207) 973-3331

Fax: (207) 947-7556

_____________________________________________________________________________________________________________________________________

disciplinary action. “Misuse” includes but is not limited to: violating University policy, damaging the vehicle through negligence, obtaining vehicle for use through misrepresentation. VII. Insurance Coverages ► Each University vehicle should contain a Liability Insurance Verification card in the event verification is needed at the time of an accident or by the police for a driving infraction or other reason. ► The University System provides Liability insurance coverage for University owned, leased or rented vehicles while used for University business. ► Physical Damage insurance coverage (collision or comprehensive) is provided by the University for University owned and leased vehicles. Coverage is not automatically provided for rented vehicles; it is the driver’s responsibility to make sure physical damage coverage is obtained on the rental vehicle prior to operating. See Risk Management website for up-to-date details on rental car insurance coverage. ► The University does not provide Liability insurance coverage or Physical Damage insurance coverage for non-University vehicles. If an employee or student uses a personal vehicle for University related business, that person’s own vehicle insurance will be responsible for any claims. The University will not reimburse an employee, student, or other private owner, or their insurer, for any deductible or liability claim paid by their auto insurance or for any damage to a personally owned vehicle. ►

If a rental vehicle will be used for personal use, such as side trips to visit family or friends, then a vehicle should be rented in the individual’s name and the rental contract paid by the individual; in such instances both Liability and Physical Damage insurance should be obtained by the individual. The University’s insurance is not intended to cover personal use of vehicles; if a driver has any questions regarding whether usage is personal or business, contact the System Risk Manager.

► Travelers planning to rent a vehicle in a foreign country other than Canada should contact the System Risk Manager.

VIII. Accidents ► The driver is responsible for following the University’s procedures and State’s laws regarding required actions in the event of an accident. Each University vehicle should contain a Motor Vehicle Accident Report Form which includes instructions on responding to an accident. The campus Vehicle Administrator can also provide copies. ► Preventable

at-fault accidents may result in revocation or suspension of driving privileges, and/or driver testing and training, as well as disciplinary action.



Any accident involving University owned, leased, or rented vehicles, or personally owned vehicles being used for University business, must be reported to the Vehicle Administrator as soon as possible and within 48 hours of the time of the accident. The driver of the vehicle is responsible for reporting the accident. ► In

the event of an accident, follow these guidelines:

1. Remain calm. Take immediate action to prevent further damage or injury. If anyone is injured, call 911 or signal for emergency assistance. Do not move the injured unless they are in immediate danger. Do not move vehicles unless necessary for safety reasons or damage is minimal. 2. Call police to the scene so they can investigate the accident and complete a report. If a phone is not available, write down information on the other driver and vehicle and then walk or ride to the nearest phone. Return to the accident scene as soon as possible to wait for police. Do what is possible and seems most reasonable and safe given the circumstances. 3. Complete the accident report form. Start by immediately completing the sections for the other vehicle, driver, injured persons, and witnesses. Other sections of the form, such as the information on you and your vehicle, can be completed afterwards. Do not leave the accident scene until you have obtained all the needed information. Write clearly. Take photographs if a camera is available.

4

Risk Ma na gement

University o f Ma ine System 16 Ce ntra l Stree t, Ba ng o,r Ma ine 04401 Phone: (207) 973-3331

Fax: (207) 947-7556

_____________________________________________________________________________________________________________________________________

4. Be courteous and factual. Do not argue or accept blame. Do not sign anything or discuss details of the accident with anyone other than your supervisor, police or the University’s investigator. Share with the other party only necessary information, including your license, registration, and insurance information (provided on report form).

5. Turn in the completed accident report form immediately (within 48 hours) to the campus Vehicle Administrator, and to the System Risk Manager at the address shown on this form. Also provide a copy to your supervisor.

IX. Roadside Emergencies ► A vehicle may become disabled during use, requiring emergency roadside assistance or service. A disabled vehicle may include mechanical failure, engine fire, a flat tire, running out of gas, or being locked out of the vehicle. ► In

the event the vehicle becomes disabled, follow these guidelines: 1. Take

what action is safest and seems most reasonable given the circumstances.

2. Pull the vehicle off the road as far as possible and turn on the vehicle’s emergency flashers. Check the vehicle for an emergency roadside assistance kit or equipment and if available use reflective triangles and other items, as needed. 3. If you have a phone, call 9-1-1 if this is an emergency. If it is not an emergency, contact your campus Public Safety office for assistance to determine best course of action. Or, if it is during business hours, contact the campus Facilities department; or, if the vehicle is a rental, call the rental car agency. Also, if appropriate, call a friend or family member to make them aware of your situation and location. 4. Call any existing roadside assistance program available to you, such as AAA, the vehicle’s manufacturer/dealer, or your own insurance company. 5. If a phone is not available, leave a note on the windshield and walk to the nearest phone or ask another motorist to make a call for you. Do not accept a ride from strangers. If you need to signal for help, raise the vehicle hood and tie something white or colorful to the radio antenna or hang it out the window. If it is safe to do so, remain in or near the vehicle until help arrives. If it is dark, turn on the interior dome light. 6. When calling for assistance, be prepared to describe the problem with the vehicle and pinpoint your location with as many landmarks as possible. You will also need to provide a description of the vehicle and, if alternative transportation is required, how many people are in the vehicle. 7. It is best to have a professional service the vehicle. In certain instances, this may not be possible due to the remoteness of the location or the inability to reach help; however, only if you are able to perform the work safely should you do any emergency repairs, such as changing a tire or jump-starting the vehicle.

5

12 & 15- Passenger Van Defensive Driver Training

NHTS-national Highway Traffic Safety Administration Recognizes that 1215 passenger vans (include driver) are similar type vehicle and offer the same hazards to operate

Definition Full-size vans are those manufacturer designed for 10 or more occupants including the driver.

Documented Certified Training •Effective January 1, 2007 the Board Of Occupational Safety and Health will require documented certified training for all public employees who operate full-size vans. •Certification of operators to include hands-on exercise •Refresher training at a minimum not to exceed 3 years

Topics to be Discussed • • • • • • •

12 & 15-Passenger Van Safety Seat Belt Use Drug and Alcohol Use Cell Phone Use Fatigue Crash/Near Hit Backing

12 & 15-Passenger Van Characteristics • Substantially longer and wider than a car • Requires more space and additional reliance on the side mirrors for changing lanes • Does not respond as safely to abrupt steering maneuvers

12 & 15-Passenger Van Characteristics • Requires additional braking time – The more weight you have, the longer it takes to stop – The higher the speed you are traveling at, the longer it takes to stop

Following Distance • Maintain a cushion of safety around the vehicle (no traffic on all sides) • Drive in the right-hand lane whenever possible • Recommended safe following distance is as follows: – When weather, road and visibility conditions are good, maintain 4 seconds behind other traffic – When weather, road and visibility conditions are bad, maintain at least 6 seconds behind other traffic

When the vehicle in front of you passes a fixed object (for example, a telephone pole or mailbox), count one-thousand-one, one-thousand-two, etc. and you should not pass that same fixed object before the designated count

Stay well behind larger commercial vehicles so you can see around them for potential hazards When following in traffic, if you cannot see the other vehicle’s mirrors, you may be in their blind spot; avoid doing so

Mirrors • Adjust mirrors so that the you can barely see the edge of the van in the mirror • When changing lanes, always check for blind spots by first leaning forward in your seat to change your sight angle and then by turning your head • Scan mirrors every 3-5 seconds • The biggest blind spot is directly behind the vehicle. Avoid backing whenever possible

Scan ahead 12-15 seconds or 1-2 city blocks

Before entering an intersection, scan all directions and cover the brake -Traffic – changing traffic signals, vehicles running red lights or making a right turn on red -Pedestrians, bicyclists and animals -Trains, school buses

Maneuvers around other vehicles can be dangerous, so ALWAYS leave plenty of space behind the vehicle ahead Stop far enough behind the vehicle so that you can see their rear tires and pavement behind the vehicle

Always communicate your intentions by using your turn signals A turn signal must be given continuously during at least the last 100 feet traveled before turning

• When entering a rotary, remember you have less visibility and less maneuverability • Maintain a cushion of safety around the vehicle

Minimizing Roll Overs

Slow down and drive cautiously, especially on rural roads. Shoulders, ditches and embankments, as well as on and off ramps, create the potential for vehicle roll over

Reduce your speed BELOW the speed limit posted for all turns and poor road conditions. The posted speed limit is safe for cars, NOT 15passenger vans.

Keep speeds at or below the speed limit Do not exceed 60 mph at any time

If the van’s wheels drop off the roadway, gradually reduce speed and steer back onto the roadway when it is safe to do so. Avoid panic-like steering and hard braking.

-Recline seat back -Move seat rearward -Tilt steering wheel down -10 inches away from steering wheel -ALWAYS wear seat belts

Avoid panic-like steering by positioning both hands on the steering wheel at 9:00 and 3:00 or 8:00 and 4:00 This also decreases arm fatigue and reduces injuries Keep two hands on the steering wheel at all times

To Reduce Risk of Roll Over • Do not load items on top of the vehicle or tow a trailer • Do not overload the vehicle with passengers and/or equipment • Passengers should be distributed evenly from side to side for balance and sit towards the front of the vehicle

The Vehicle • Always drive with your headlights on to be seen by other traffic • Perform pre-trip inspections and notify appropriate person of any vehicle defects

•Results of not removing show and ice from top of van.

• Always clean snow, ice and frost from all windows • Secure any loose items within the vehicle so they do not cause injuries in a crash. This includes trash that can interfere with the pedals or the operation of the vehicle • Know the evacuation policy

Passengers • MUST wear seat belts at ALL times • Know the van evacuation policy • Adhere to the terms of the Passenger Van Policy at all times • Should NOT use interior lighting when the van is in transit • Passengers should sit toward the front of the vehicle and be distributed evenly from side to side • Never more than 15 people in a 15-passenger van (less than 10 recommended)

Passenger Loading/Unloading • Drivers should use good judgment to decide how, when and where to unload passengers safely • Always pick up and drop off passengers so that they do NOT have to cross traffic to get to their destination • Keep all passengers away from the front and rear of the vehicle when crossing

The use of a responsible spotter when loading, unloading, backing or parking is recommended to ensure no person or object is in harm’s way

•MUST wear seat belts at ALL times •Know van evacuation policy •Ensure all passengers adhere to the terms of the Passenger Van Policy at all times •Ensure all doors are locked and passengers are secured in the appropriate seating positions and seat belts

• Cell phones are for emergencies only, and are to be used only when the van is safely parked • No food, drinks or smoking allowed • Reading while driving is prohibited • Read maps only when the van is safely parked

• Be patient and courteous at all times • Road rage is strictly prohibited • Your passengers count on you to be cool and keep them safe

Aggressive Driving • Aggressive driving puts your life and those of your passengers in danger • It also endangers the lives of others on the road • Poor driving reflects badly on your organization

• Aggressive driving is: – Passing on the right when it is unsafe / illegal to do so – Tailgating – Excessive lane changes – Blocking traffic so they cannot pass – Speeding and making unsafe passes

To Avoid Road Rage in Others • • • •

Do not cut people off Do not tailgate Use turn signals Do not use inappropriate gestures or verbal taunts • Use horn sparingly • Allow other drivers to merge • Drive courteously

If Confronted by an Angry Driver • Do not make eye contact • Do not engage in the confrontation • If they persist, have a passenger call for emergency help and drive to a police station

Fatigue • Drivers must be well rested • Signs of fatigue – Excessive yawning and blinking – Difficulty focusing and keeping eyes open – Inattention and daydreaming

• Only cure for fatigue is to sleep – Stop and rest for 15-30 minutes – Longer than 30 minutes is not advisable

Caffeine, loud music, cold air are only temporary cures for fatigue

Avoid turkey, chicken and milk as they contain an enzyme which makes you drowsy

• Drivers experience more fatigue between midnight and 6 a.m. • Be aware that 3:00 p.m. to 5:00 p.m. is a time when fatigue is common • On long trips, schedule rest stops every two hours • Drive during the day, if possible • Have someone awake in the front passenger seat

Remember… • Obey all traffic laws • Concentrate on your driving • Allow NO distractions from passengers or any source • Discuss any concerns with your safety supervisor

Weather Conditions

• Check weather conditions prior to any trip • Be prepared not to go if conditions are extreme • Leave early to avoid making mistakes or becoming anxious

Crosswinds • Because of the van’s size and shape, you must be especially mindful of crosswinds • Crosswinds can be created by open fields, overpasses and bridges as well as exiting tunnels • Crosswinds are also created by larger vehicles and buses

Backing 70% of van crashes involve backing into a stationary object.

Consider alternatives to driving into a place in which you will need to back out. However, if not possible, backing should be done upon arrival at locations rather than when leaving

Heads, seats, door posts and vehicle, equipment, and greater distance impeded visibility

• Whenever possible, back out to the left (the driver’s side) for better visibility • Use outside mirrors to direct you

• Avoid backing into traffic • Get out and check the area behind the van before backing • Turn on four-way flashers and back SLOWLY • Have a spotter assist you to back ONLY when they understand what is expected of them • There is a blind spot in front of the van which may prevent operators from seeing children and others of short stature walking in front of the van • Be aware of van passenger walking in front of the van as they board or exit the vehicle

After pulling into a spot, place a traffic cone behind your vehicle.

Use a spotter Coordinate hand signals with that person prior to backing

When leaving, retrieve the cone and look for any hazards or potential hazards prior to backing

Animals Animals present a hazard to any vehicle, but more so with a 15-passenger van Swerving to avoid small animals is dangerous, as it will cause the vehicle to roll over Use high beams whenever possible

Crashes with deer can occur anywhere in Maine – even urban areas. -More frequent in October, November and December -Dusk and dawn (4-7 am and 5-10 pm)

Crashes with moose can occur anywhere in Maine – even urban areas. -More frequent in May, June and July -Nighttime (8 - 11 pm)

When you see one, there are usually many more to follow Eyes reflect the light of oncoming headlights

Eyes do NOT reflect the light of oncoming headlights Watch the lines on the road ahead of you for animals that may be there Low-lying swampy areas

Swerve to avoid large animals, but not into oncoming traffic

Safety Belts Safety belts MUST be worn at all times In fatal, single-vehicle roll-overs involving 15passenger vans over the past decade, 92% of belted occupants survived THERE IS NO EXCUSE FOR NOT BUCKLING UP!

• Pull tightly on the shoulder belt strap so that the lap belt portion is snug over the pelvis and tops of thighs • NEVER place the shoulder belt strap behind you or under your arm as this causes traumatic injuries and makes the seat belt less effective • If children are to be transported in 15passenger vans, they should be restrained according to the seat belt law and best practices

Maine’s Safety Belt Law

Everyone else MUST be in a safety belt! FMI: (207) 626-3840

• Children under 40 pounds must be secured in a federally-approved child safety seat • Children between 40 and 80 pounds BUT less than 8 years old must be secured in a federally-approved child restraint system • Children 12 years old and under AND less than 100 pounds must be in the back seat, if possible

Maine Bureau of Highway Safety 164 State House Station Augusta, ME 04333-0164 (207) 626-3840

Phone: 207-623-7900 Toll Free: 1-877-723-3345 TTY: 1-800-794-1110 E-mail: [email protected]

Printed Name:

Signature:

Department Name:

Date:

Passenger Van Driver Safety Quiz After viewing the corresponding Passenger Van Driver Safety Training PowerPoint, please answer the following questions, sign and date the quiz, then mail to Environmental Health and Safety, 88 Bedford Street, Portland, ME 04104 or send as an attachment to [email protected] If you have any questions about the PowerPoint presentation or the quiz, please call (207) 780-5406. You must receive a score of 100% to pass. 1. In how many years will you need to complete the Passenger Van Driver Safety Refresher?

2. How many occupants may be carried in a University passenger van at one time?

3. If you are under 21 years of age, how many people are you permitted to drive?

4. Whose responsibility is it to ensure that passengers are wearing their seatbelts?

5. Will the University of Southern Maine pay any citations obtained by the driver?

6. What is the recommended safe following distance in good weather? In bad?

7. Where is the biggest blind spot when driving a passenger van?

8. How many city blocks should you scan ahead while driving?

9. When do you know that you have stopped far enough behind another vehicle?

1

10. How far in advance do you need to use your turn signal?

11. How should passengers and cargo be distributed throughout the van?

12. If the van’s wheels slip off of the roadway, what should you do?

13. Where should you position both hands to avoid arm fatigue, injuries, and panic-like steering?

14. What should you NEVER do with your seatbelt?

15. Is cell phone use permitted while driving a University vehicle?

16. Please list two examples of aggressive driving.

17. What percent of van crashes involve backing into a stationary object?

18. Please name and describe the two safe methods of backing.

2

VAN DRIVER EVALUATION Van Driver's Name: ___________________________________________ Van Driver's License Number: __________________________________ Evaluation By: _______________________________________________ Evaluation Date: _____________________________________________

SEAT BELT USE - Driver should buckle the seat belt before starting the engine. Driver should ensure that all passengers are buckled up before pulling away from parking. MIRROR ADJUSTMENT - Driver should adjust all mirrors to ensure a clear field of vision around the vehicle. HAND POSITION - Hands should be positioned at 3 o'clock and 9 o'clock on the steering wheel. STEERING TECHNIQUE - Steering and turns should be made by the hand over hand method. Never "palming" the steering wheel. PULLING INTO TRAFFIC - Start up should be smooth and care given to check for oncoming traffic. Signals should be used to alert oncoming traffic of driver's intentions. MIRROR CHECKS - Should be done periodically to check for traffic, pedestrians, or unusual situations around the vehicle. PULLING OFF THE ROADWAY - Driver should signal intention to pull off the traveled portion of the roadway; slow to a safe speed before pulling to the shoulder or emergency stopping lane. RIGHT HAND TURNS - Should be made from the correct lane without going into the oncoming lane any more than necessary. LEFT HAND TURNS - Should be made from the center or turn lane of the roadway onto the closest lane of the road you are entering. STOPPING - Should be smooth and planned with sufficient slow down to prevent quick stops. SIGNALS - Should be actuated in sufficient time to give ample warning to other motorists. SPEED - When judging the correct speed for the vehicle, consideration must be given to the posted speed limits, road, weather, and traffic conditions. PROPER FOLLOWING DISTANCE - Traffic and road conditions should be considered when judging following distance. Distance should give sufficient reaction and braking time. CHANGING LANES - Signal should be given to alert oncoming traffic. Sufficient distance should be allowed between vehicles for a smooth transition from one lane to the other. TURNING AROUND - Vehicle should be backed to the right whenever possible and with great care at any time. Mirrors should be checked frequently. Driver should proceed with caution. More than 4 "Needs Work" fails the exam UPON COMPLETION COPY SHOULD BE SENT TO CAMPUS VEHICLE ADMINISTRATOR: FACILITIES MANAGEMENT, PORTLAND CAMPUS

Good

Needs Work