125-155-0000
Purpose

These rules are written under the authority of ORS 283.305 through ORS 283.395 and ORS 278.200 through ORS 278.215. These rules set standards for use, operation and access to state vehicles, including private vehicles in use for state business.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0010
Definitions

As used in this chapter, unless the context requires otherwise, the following words, phrases, and abbreviations have the meanings listed:

(1) "DAS" means Department of Administrative Services.

(2) “DAS Fleet” means DAS’s Enterprise Asset Management’s program which establishes policies for managing and operating motor vehicles in Oregon’s state government fleets and convening the Fleet Management Advisory Council (FMAC).

(3) “DAS RM” means DAS’s Risk Management program of the Enterprise Goods and Services Division of DAS.

(4) "DMV" means Driver and Motor Vehicle Services, Oregon Department of Transportation or, if the context requires, its equivalent in another jurisdiction.

(5) “EGS” means Enterprise Goods and Services Division of DAS.

(6) "Agency" means an agency, board, commission, or branch of the state of Oregon that is subject to ORS chapters 283 or 278.

(7) "Agent" means a person or legal entity that is appointed in writing by a state agency to conduct specified work. An agent is not an independent contractor. Agents, paid or unpaid, are subject to the direction and control of the state agency. An agency must not call people agents for the primary purpose of justifying their transportation in a state vehicle.

(8) “Aide” means an individual age 18 or over approved by an agency to accompany/assist a state employee in conducting their necessary job duties.

(9) “Authorized Driver” means an employee, agent or volunteer who is approved by an agency to drive on official state business.

(10) “Allowable Activities” means actions essential to everyday life performed while conducting official state business. These activities must occur within the local vicinity or while en-route to conduct official state business. These activities may only occur while conducting official state business for day use, overnight use or full time use. For overnight and full time use, allowable activities are reasonably expanded to include more personal business types of activities.

(11) “Contractor” means a person, business or corporation that provides goods or services to the state under terms specified in a written contract.

(12) “Day Use” means use of a vehicle during a normal shift conducting both routine and non-routine duties related to official state business. Travel between home and the driver’s duty station during day use is prohibited.

(13) "Duty station" means the location designated in writing by the agency from which an employee normally carries out his or her duties.

(14) “Emergency aid” means the assistance provided at a roadside emergency such as an obvious accident or breakdown within the borders of this state where an individual(s) in danger or stranded. Hitchhikers or someone either asking for a ride or broken down in an urban area are not roadside emergencies.

(15) "Employee" means any person employed by the state for whom the agency withholds income tax, provides workers' compensation coverage, and pays the workers' compensation hourly-tax. Under this definition, the following are not employees:

(a) Workers provided by a temporary employment services agency, and

(b) Department of Corrections inmates.

(16) “Excess coverage” means coverage provided as a secondary layer of insurance used in addition to and after the primary coverage limit is exhausted.

(17) “Full time use” means the driver is assigned a state vehicle virtually all day and every day for conducting official state business.

(18) “Guests of the government” means official visitors from an entity in which the state has any interest. They can include local government officials traveling to the same area or near the route of the state driver. Guests may also be cost-sharing or non-paying passengers.

(19) “Off-road vehicle” means a private or state motor vehicle that is unlicensed or not designed for use on public roads. It includes unenclosed vehicles designed for only one or more riders, all-terrain recreational vehicles, two- or three-wheeled vehicles, off-highway vehicles, and utility vehicles.

(20) "Official state business" or "state business" means any activity directed and controlled by a state agency to advance the lawful policies and purposes of the agency. State law requires a narrow interpretation of this term.

(21) “Other permitted drivers” means drivers of other governments defined under ORS 174.116 and 174.117, or contractors that are not insured by the state’s self-insurance coverage. These entities shall have an intergovernmental agreement or contract with DAS Fleet or a state agency.

(22) “Overnight use” means the driver is traveling in a state vehicle on official state business to a location or for a purpose that requires one or more overnight stays.

(23) “Personal use” or “Personal business” means anything other than official state business.

(24) “Primary coverage” means the insurance coverage considered first in order for payment of a claim. For state vehicles used for official state business, state self-insurance is primary for automobile liability coverage. For personally owned vehicles, the vehicle’s owner’s personal automobile liability insurance is primary and state self-insurance may be excess coverage.

(25) "Private or personal vehicle" means a motor vehicle owned, rented, borrowed, leased, or otherwise lawfully in the possession and control of any entity other than the state. A commercially rented vehicle is a private vehicle if it is rented or used for a mix of private and state uses. Private vehicles, while in use for official state business, are treated as state vehicles in these rules unless the context clearly requires otherwise. Any motor vehicle being used to transport family or for any other personal purpose is not on state business. Any personal use of any vehicle is not state business use. An independent contractor's vehicle being used for contracted services is on the contractor's business, not on state business

(26) "Private specialty vehicle" means a private vehicle that is a motorcycle or other two or three wheeled vehicle designed for one or two riders.

(27) "State vehicle" means a motor vehicle used solely for official state business.

(a) State vehicles are:

(A) Licensed for highway use; and

(B) Owned, rented, borrowed, or leased by an agency solely for official state business; and

(C) Not a specialty or off-road vehicle; and

(D) Not used to transport family or for any other personal purpose.

(b) A commercially rented or leased vehicle is a state vehicle if rented by a duly authorized employee at the cost of the state, solely for official state business.

(c) A vehicle, owned by DAS and lawfully rented to a local government or other non-state entity, is not a state vehicle for purposes of these rules.

(d) Unless the context clearly requires otherwise, “state vehicle” refers to private vehicles while in use for official state business.

(e) A state vehicle may not be used to transport family or for any other personal purpose. Any personal use of any vehicle is not official state business.

(28) "Volunteer" means an unpaid person appointed by a state agency to work on its behalf. Volunteers are appointed in writing to do official state business under agency direction and control. They receive no remuneration. An agency must not call people volunteers for the primary purpose of justifying their transportation in a state vehicle. Volunteer and agent may be used interchangeably unless the context requires otherwise.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0020
Policy Statement and Authorization

(1) All agencies and drivers must comply with these rules and all additional state, federal and other applicable laws.

(2) It is state policy that all state vehicles and vehicles used for official state business must be used legally, respectfully, and safely.

(3) Per ORS 278.405, only DAS RM has authority to assign or certify the state self-insurance status of any state vehicle or state driver.

(4) Owners of private vehicles shall maintain vehicle liability insurance while the private vehicles are used for official state business under the authority and requirements of ORS 806.070 through 806.140.

(5) Regardless of any actions, any violation of these rules may result in DAS exercising any of its rights and authorities. These may include:

(a) Imposing fines and withholding pay as provided in ORS 291.990;

(b) Conditionally restricting a driver or agency from any or all access to or from certain uses or DAS Fleet Vehicles; or

(c) Withholding self-insurance coverage.

(6) An ignition interlock device must not be installed on any state-owned or operated vehicle.

(7) These rules are intended to be complementary to the DAS Fleet Vehicle rules and the state’s travel policy. They are not intended to influence decisions made in compliance with those rules and polices.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0100
Agency Responsibilities and Permissions

(1) It is the responsibility of all agencies and their drivers to follow the requirements of the law, regardless of jurisdiction or authority, and these rules in all situations.

(2) Agencies must use the DAS RM Vehicle Use and Access Toolkit (located on DAS RM’s webpage) or a comparable process when first authorizing a driver for official state business.

(3) Each state agency must have a written plan, policy, or process to administer these rules. The agency, at a minimum, will adopt and address in their written plan, policy, or process how they will accomplish the following:

(a) Identify the type of individual who may potentially drive a state vehicle (i.e., employee, agent, volunteer) (see DAS RM Vehicle Use and Access Toolkit);

(b) Authorize a driver (refer to 125-155-0200);

(c) Determine the job or work assignment accomplished by the vehicle use;

(d) Verify employee compliance with driver requirements (refer to 125-155-0300); and

(e) Monitor the status of employee’s driver license (i.e., valid with or without restrictions, suspended, revoked).

(4) By virtue of ORS 278.405, these rules apply to all agencies and to any official state business use of any vehicle owned by an agency subject to these rules, except as noted below.

(5) Organizations exempted by their enabling statute under ORS 283.310 are not agencies subject to ORS 278.405 and these rules. Those entities may elect whether to apply these rules to their vehicles and personnel.

(a) To elect to apply these rules, the exempted entity must provide written notice to DAS RM at least 120 days prior to either the effective date of these rules or the date of their election.

(b) To elect to opt out of applying these rules, the entity must:

(A) Provide written notice to DAS RM at least 120 days prior to the effective date of the election; and

(B) Provide DAS RM with a copy of the rule(s) or policy(s) it will use in place of these rules; and

(C) Comply with the requests of DAS RM for additional information; and

(D) Comply with the recommendation(s) of DAS RM.

(6) These rules do not apply to a state vehicle used by federal, local, or other state governments when that vehicle is furnished and used under the terms of an intergovernmental agreement, contract, or compact. The state is responsible to manage its own drivers, not the drivers of other jurisdictions.

(7) The agency employing a driver must apply and enforce these rules. The agency owning the state vehicle may enforce these rules as they relate to its vehicles. Nothing in these rules limits an agency’s ability to apply any kind of personnel or disciplinary action or exercise any of its specific rights or duties under existing contracts with vendors and agents.

(8) Agencies may develop policies that further restrict vehicle use and access allowed under these rules.

(9) It is mandatory to use the DAS RM Vehicle Use and Access Toolkit or a comparable process for situations where an employee may lose or has lost full or partial driving privileges (i.e., suspended licenses, hardship permits, and ignition interlock device exception requests).

(10) An authorized driver must receive state vehicle use and access orientation/training before driving a state owned vehicle. A state agency can require additional vehicle safety training to address their driving and vehicle use risks.

(11) If an agency finds it reasonable and necessary for official state business, the agency may permit an authorized driver to drive temporarily after he or she ceases to meet the agency training, records, or policy standards. Agencies must use the DAS RM Vehicle Use and Access Toolkit or a comparable process to create a plan, impose restrictions, and assess risks associated with the driving activity.

(12) To the extent noted here, state agencies may permit:

(a) Their public safety employees to disregard provisions of these rules to the extent necessary to prevent interference with law enforcement and emergency duties;

(b) Detection dog handlers to use specially equipped vehicles for home-to-work travel as necessary for work involving the dog or for the benefit of the dog; or

(c) Undercover criminal investigators to disregard provisions of these rules as necessary to carry out lawful undercover assignments, protect identities, and ensure personal security.

(13) The Governor, the Director of the Department of Corrections, the Adjutant General of the Military Department, the State Fire Marshall, and the Superintendent of State Police may use specially equipped vehicles for fulltime use.

(14) These rules must have no effect on a driver qualifying for salary, employment benefits, or state reimbursement of mileage, meals, lodging, or expenses for which the driver otherwise qualifies.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0200
Authorized Drivers

(1) Only the following persons are authorized to drive motor vehicles on official state business. These drivers are authorized only if they drive in conformance with these rules and meet the following conditions:

(a) Are specifically authorized by state statute, including ORS 283.305, except for (c) and (e); and

(b) Are over the age of 18 years, and

(c) Have a verified valid driver’s license, and

(d) Are under the direction and control of a state agency.

(2) A person related or known to an authorized driver must not drive any motor vehicle on official state business.

(3) The following drivers must obtain agency approval and commit to any conditions the agency imposes before transporting any passenger on state business:

(a) Any authorized driver whose license is restricted in any way (e.g., hardship permit), and

(b) All agents, volunteers, and students (including interns).

(4) An agency must use the DAS RM Vehicle Use and Access Toolkit or a comparable process to verify if a driver is still authorized when/if the driver’s license to drive is suspended or has restrictions.

(5) Issues related to ORS 283.305 (c) and (e) need to follow the variance process outlined in OAR 125-155-0800, Variance Process.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0300
Verifying Driver Qualifications

(1) Agencies and drivers are responsible to ensure the requirements of the law and these rules are followed in all situations.

(2) Agency responsibilities for ensuring driver qualifications include:

(a) Not knowingly allowing anyone who does not conform to these rules to drive on official state business; and

(b) Verifying drivers’ qualifications at any reasonable schedule or time and by any reasonable means, including direct DMV checks, review of records supplied by the driver, or accepting drivers’ signed statements; and

(c) Using the DAS RM Vehicle Use and Access Toolkit or having a comparable policy, procedure, or process when first authorizing a driver for state vehicle use or when a driver license restriction or driving-related issue is discovered (see Toolkit for examples); and

(d) Whenever an agency learns of a change in or restriction to the license of one of its authorized drivers, verifying that the driver meets the agency rule and policy requirements.

(3) Driver responsibilities for ensuring they are qualified to drive include:

(a) Verifying for themselves that they meet all driver qualifications, including requirements of law, rule, and employing and vehicle-owning agency policies; and

(b) Presenting evidence of meeting qualifications to any involved agency upon request; and

(c) Reporting a loss of acceptable driver license status immediately upon returning to work and consistent with agency policies; and

(d) Promptly reporting any other change in requirement or restriction of driver license status to their supervisor a loss of acceptable driver license status or other requirement.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0400
Other Permitted Drivers

(1) Other permitted drivers must comply with state law including the Oregon Vehicle Code.

(2) Other permitted drivers must provide their own automobile insurance coverages to the limits required and defined in contract, intergovernmental agreement or compact.

(3) Vehicle sales and repair contractors may drive state vehicles, at their own risk and as necessary, for pick-up, delivery, and test drives.

(4) An agency shall not furnish a state vehicle to any other permitted driver (except for other governmental entities defined under ORS 174.116 and 174.117) unless a variance has been approved under OAR 125-155-0800.

(5) An agency whose official business needs may include a contractor operating a state vehicle on state business must request a variance of these rules as outlined in OAR 125-155-0800. DAS RM must approve the variance request prior to allowing a contractor to drive any state vehicle (see DAS RM Vehicle Use and Access Toolkit).

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0420
Passengers

(1) Agencies may permit authorized drivers to transport people, animals, or things to the extent needed to accomplish official state business. Agencies may impose conditions.

(2) No authorized driver may give a ride in a state-owned vehicle to anyone except as permitted by these rules and necessary to accomplish official state business. Hitch hikers shall not be allowed in any state vehicles or private vehicles being used for state business.

(3) All passengers must follow these rules and all reasonable directions of their drivers.

(4) Authorized drivers must obtain prior agency approval and conditions to transport the following passengers in state vehicles:

(a) Guests of the government;

(b) Observers or ride-a-longs;

(c) Driver’s or passenger’s aides; or

(d) Minors, wards, and those who are in the custody of the state or others who are not legally liable for themselves and their agreements; or

(e) Agents or volunteers.

(5) No family members, or friends may be passengers in state vehicles on state business.

(6) Children may ride in state vehicles only when:

(a) OAR 125-155-0420(4) (d) applies, or

(b) DAS issues an order and the agency gives prior approval.

(7) Pets of drivers or working passengers must not ride in state vehicles except when the pet is an assistance animal as defined in ORS 659A.143 or the use is necessary to conduct official state business.

(8) Agencies may give prior approval for an aide to accompany their authorized driver under the following conditions:

(a) The driver’s aide shall be subject to these rules and conditions; and

(b) A driver’s aide shall not drive a state vehicle.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0500
Use of State Vehicles

(1) The law requires that "official state business" be narrowly construed. However, necessary official state business use may coincide with a personal use. When these uses do coincide, certain allowable activities of a personal nature may occur. Allowable activities fit into one of the four categories below:

(a) Day use. Allowable activities under day use include those reasonably occurring en-route such as those listed below. Day use does not include travel between work and home.

(A) Purchasing food and/or eating;

(B) Taking a rest break;

(C) Using restroom facilities.

(b) Fulltime and overnight use. Allowable activities under fulltime and overnight use may include activities such as:

(A) Activities listed under day use;

(B) Recreation and fitness;

(C) Visitation;

(D) Grooming and laundering;

(E) Shopping; and

(F) Medical appointments.

(2) A state vehicle must not be used by anyone for private financial benefit.

(3) No one has authority to permit any personal or family use of a state vehicle or any vehicle driven at state risk.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0510
Other Vehicle Uses

(1) Authorized drivers of state vehicles and private vehicles solely on official state business must comply with the following:

(a) Drivers transporting explosive, flammable, radioactive, or other hazardous material must be aware of and comply with all applicable laws. Passengers must be informed of the presence of these materials in the vehicle as required by law and give their informed consent prior to riding in the vehicle.

(b) Drivers must require that passengers wear appropriate safety restraints at all times. Drivers must require that children ride in legally required car seats. Animals must be in secured carriers. Agencies may approve any lawful exceptions.

(c) Drivers or their passengers are not allowed to consume tobacco, marijuana, alcohol, or any other illegal or intoxicating substance before or while operating or riding in a vehicle on official state business.

(d) Drivers or passengers are not allowed to smoke, aerosolize, vape, or use an inhalant delivery system inside state vehicles.

(e) Alcohol or marijuana shall not be transported in state vehicles unless required by an agency for official state business and then only as permitted by law.

(f) Drivers must not transport illegal drugs or contraband of any kind in vehicles except as necessary to conduct their assigned duties of official state business.

(g) Drivers must not transport firearms in vehicles unless required to do so by their agency under its authorization by state law. An agency may permit the transport of unloaded, packaged firearms as necessary for official state business.

(h) Employees may exercise rights under the Oregon Concealed Carry Statute only if the agency’s enabling statute allows employees to be armed.

(i) Specialty and off-road vehicles must not be used for official state business except to the extent an agency determines that necessary official state business cannot reasonably be accomplished without the use of the particular private vehicle. This includes use for travel to and from duty stations, day use, and overnight use.

(2) State vehicles must be stored at sites owned, leased, or controlled by the state except during use of state vehicles under OAR 125-155-0500. When practical, a state vehicle parked at a home, hotel, or motel must be located off public streets in a reasonably secure setting.

(3) Before allowing long-term parking assignment, including home parking of a state vehicle, an agency must do a cost benefit analysis. (See Vehicle Use and Access Toolkit.)

(4) Prior agency approval is required for home parking of a state vehicle. An agency may allow home parking of a state vehicle when one of the following conditions is met:

(a) When the schedule for the work-related task or trip makes same day pick up or drop off at state facilities impractical or when pick up or drop off at another time is more economical.

(b) Assigned, normal duties require the driver to travel frequently to urgent, unscheduled fieldwork after hours. The mere possibility of being called out is not sufficient. Call outs must actually occur with justifiable frequency.

(c) The driver’s home is his or her official duty station from which he or she engages in virtually fulltime fieldwork away from the office or DAS Fleet’s motor pool.

(d) It will clearly reduce state paid time to permit a driver to park a state vehicle at home while on temporary assignment away from the duty station.

(e) Other circumstances caused by state business in which home parking will clearly reduce the direct costs of the agency.

(5) Reasonable emergency aid may be rendered under the following conditions and provisions:

(a) An agency may prohibit, in writing, this emergency aid rule for any or all of its drivers. Employees must not give emergency aid under these rules if their agency has instructed their drivers not to render emergency aid.

(b) Those giving emergency aid must only be state employees on duty and solely on official state business.

(c) In giving emergency aid as provided in these rules, state employees may be deemed to be acting within the course and scope of their duties of state employment for purposes of all state insurance and self-insurance coverages.

(d) The assisting employee may not be held personally liable by the state for any unintended damage to state property if it is used for the kind of task for which it was reasonably designed. For example, pushing or pulling another car requires a state vehicle designed and specially equipped to do that task.

(e) Reasonable emergency aid includes using state fire extinguishers, first aid kits, blankets, or cellular phones and radios to call for aid.

(f) If necessary, a state vehicle may be used to transport someone to the nearest telephone, shelter, repair service, or emergency medical provider when such appropriate medical services are not available. A state vehicle must not be used for unnecessary transport when appropriate professional emergency services are available. Traffic laws must be obeyed.

(g) Rendering aid must be voluntary in every case. Employees are not urged or expected to render aid. An employee should do only what he or she is willing and trained or experienced to do.

(h) Anyone who renders aid other than in compliance with these rules does so as a private person, entirely at their own risk and cost, and not as official state business or duties.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0600
Insurance Coverage

(1) The state's self-insured coverage has been accepted by jurisdictions in the United States, its possessions and territories, and Canada. Drivers must contact DAS RM to arrange coverage for any state vehicles to be driven in other locales. Lack of proper coverage in some countries could result in a driver being personally liable for criminal fine and imprisonment, criminal defense costs, and payment to the state for the confiscation of the vehicle.

(2) The state shall not insure or indemnify friends or family nor insure or indemnify the state authorized driver against any claims brought by friends or family. Friends and/or family members shall ride at their own risk or at the personal risk of the related driver, employee, or person.

(3) Coverage for the state’s vehicles, drivers, and loss-reporting requirements are found in DAS RM self-insurance policies, ORS 30.260-30.300, ORS 283, and ORS 278.

(a) State self-insurance vehicle liability coverage is primary when an authorized driver is approved to drive a state vehicle to conduct official state business and for allowable activities. Personal use or personal business are not official state business for the purposes of insurance coverage by the state, unless otherwise authorized by these rules.

(b) These vehicle rules, in conjunction with the state’s self-insurance policies, will be used to determine coverage of an employee using a state vehicle outside the definition of official state business.

(c) The state does not pay an employee for damage to the employee’s personal vehicle, increased insurance rates, or deductibles due to an accident occurring while on official state business.

(d) When a private or commercially rented vehicle is used contrary to these rules, the driver and vehicle may not be covered by state insurance or self-insurance coverages. When a state owned, rented, borrowed, leased, or private vehicle is used contrary to these rules or state/federal law, use of the vehicle will be considered personal use and the driver and vehicle may not be covered by state insurance or state self-insurance coverages. The driver may be personally liable to the state for the value of the use of the vehicle, any damage to the vehicle, or harm to other parties or property arising out of the misuse. The driver may also be subject to any other discipline or penalty of any kind provided by law, contract, rule, policy, and/or guideline.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0700
Collision and Damage Reporting

(1) Coverages for the state's vehicles, drivers and loss reporting requirements are found in DAS RM self-insurance policies, ORS chapter 30.260-30.300, and ORS chapter 278.

(2) Drivers are responsible to provide their own proof of legally adequate insurance for all uses they make of private vehicles and vehicles they rent for any mixture of state and personal uses. DAS RM provides certificates of self-insurance coverage for rental vehicles that are used exclusively for official state business.

(3) The state shall not pay an employee for damage to an employee’s vehicle, any insurance deductibles, or increased insurance rates due to an accident occurring while on official state business. Mileage reimbursements are the only amounts the state or its agencies may pay to any employee for using his or her private vehicle to conduct official state business. Mileage reimbursement details are found in DAS Chief Finance Office Oregon Accounting Manual and ORS chapter 283.

(4) Drivers must promptly report to their agency all collisions or damage occurring to any vehicle while on official state business.

(a) Agencies must review each report of collision or damage involving any vehicle in use on official state business.

(b) The review must:

(A) Determine whether the collision or damage was caused by unsafe driving techniques; and

(B) Address driver accountability; and

(C) Make recommendations to prevent recurrence as appropriate.

(5) Agencies must report to DAS RM all damage occurring to any state-owned vehicle resulting in total damage costs exceeding the agency self-insurance property deductible.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0800
Variance

(1) DAS Administration may approve an agency’s written request for a variance from any of these rules.

(2) The agency, not the affected driver or passenger, must submit a written request to DAS RM. DAS RM will review the request and submit a written response, including recommendation, to DAS Administration. DAS RM conveys DAS Administration’s decision in writing to the agency.

(3) DAS RM must receive variance requests at least 30 days in advance of the needed effective date. The 30-day requirement starts when DAS RM receives all information needed to evaluate the variance request. Submittal of a variance request does not equal approval. The agency must receive written approval from DAS Administration prior to initiating the action that resulted in the request. (See Vehicle Use and Access Toolkit for guidance.)

(4) For variances related to contractors operating state vehicles, documentation must include:

(a) How the use is clearly necessary and beneficial to the agency; and

(b) Proof the agency has the vehicle owner’s consent, of other than the agency; and

(c) Documentation of the contract which:

(A) Requires the contractor to comply with these rules; and

(B) Requires the contractor to furnish adequate primary vehicle liability and property insurance; and

(C) States the allowed uses of the vehicle; and

(D) Cites the exchange of value for use of the vehicle; and

(E) Holds the contractor liable for its safe use and return.

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405
Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95

125-155-0900
Management of State Vehicles

(1) The following sections apply only to state agencies as defined in and subject to ORS 283.305 through 283.395.

(2) DAS must establish and enforce a minimum mileage standard for light fleet vehicles. (See Statewide Vehicle Management Policy.)

(a) DAS must develop and use a method for calculating the minimum monthly mileage threshold per vehicle. The Fleet Management Advisory Council must review and approve the method proposed for use.

(b) As directed by DAS, agencies must provide responses to an annual or biennial review of vehicle usage. Agencies will be advised of the format for the information and the method and timeframe for required responses, any of which may change for each review period.

(c) As directed in the Statewide Vehicle Management Policy, agencies must submit in writing a request for exception for any light fleet vehicles that do not meet the minimum monthly mileage threshold. The Fleet Management Advisory Council must develop and approve exemption criteria, with the DAS Director providing final approval.

(d) The DAS Director or designee approves exemption requests. Vehicles that do not meet the exemption criteria or are not approved for exemption are subject to reassignment or sale.

(3) DAS must establish vehicle replacement criteria for light fleet vehicles in collaboration with the Fleet Management Advisory Council. The Council must review and approve any deviation from the established replacement criteria. The criteria set will be published in the Statewide Vehicle Management Policy, reflecting changes in optimal replacement standards due to emerging vehicle technologies and other relevant factors.

Statutory/Other Authority: ORS 283.305
Statutes/Other Implemented: ORS 283.312, 283.314
History:
DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020
DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95