V1910.02 Use of State Fleet and Rental Vehicle
- Policy Statement
- The use of North Dakota State Fleet and rental vehicles is limited to travel by individuals who are acting on behalf of the state of North Dakota (VCSU). The individual acting on behalf of the State must have a valid driver’s license.
- Purpose and Scope
- VCSU must comply with the North Dakota Century Code (NDCC) when utilizing state or rental vehicles. VCSU established this policy as directed under North Dakota State Board of Higher Education Policy 512 and 611.12.
- This policy applies to all eligible and approved state fleet drivers, to include employees and students.
- Definitions
Term
Definition
Competent Authority
A VCSU employee who has been delegated or provided specific authority by formal policy or job description to perform certain functions for the State, such as: to hire/supervise/direct a person to serve as a volunteer for specific purposes, and to authorize certain activities within the scope or course of their duties. An employee may be held accountable for the persons and activities he/she has so authorized. This means that it is possible for an employee and/or the institution to be responsible for losses, if there is deliberate indifference or disregard to the applicable laws and procedures.
Electronic Message
A self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. The term includes email, text message, instant message, command or request to access a website, or other data that uses a commonly recognized electronic communications protocol.
Facilities Services
The VCSU department that schedules, dispatches, and maintains state vehicles at VCSU.
Incident
An incident is an unplanned occurrence that resulted or could have resulted in injury to people or damage to property, specifically involving the general public and/or state employees. Incidents may also be referred to as an accident or near miss.
Instructor/Supervisor
Refers to a VCSU employee with decision making responsibilities. This person may be a faculty member, club advisor, coach, assistant, associate or director, chair, department or unit head, or a higher level of administration.
NDCC
North Dakota Century Code
NDDOT
North Dakota Department of Transportation
OMB
Office of Management and Budget (State of North Dakota)
Operator
Only state employees and individual approved students. These individuals are eligible to drive state fleet vehicles.
RMF
North Dakota Risk Management Fund
SBHE
State Board of Higher Education
State Employee
Individuals working for VCSU or the State of North Dakota or persons assigned by a competent authority to act on behalf of VCSU or the State of North Dakota with or without compensation.
State Business
Activities for which the primary purpose is service to VCSU or the State of North Dakota. Activities in which the activity is official business of the state. For the purposes of this policy these activities include, but are not limited to: academic field/study and research-related trips/conferences, etc.; athletic events; University programming-- student organization/club activities and events; local, regional, and/or national conferences, competitions, etc. for students and/or student clubs; student participation in student local and state government.
State Fleet Vehicles
Licensed motor vehicles that are owned and leased by the State Fleet branch of the NDDOT.
Traffic
NDCC 39-08-23(2)b defines traffic as the “operation of a motor vehicle while in motion or for the purposes of travel on any street or highway and includes temporary stop or halt of motion, such as at an official traffic-control signal or sign. The term does not include a motor vehicle that is lawfully parked.”
Valid Driver’s License
A government-issued license that is not expired, suspended, or revoked. Temporary work permits issued by the court or NDDOT due to a recent license suspension are not acceptable. If the license is issued by a foreign country (other than Mexico or Canada) a valid and current international driver’s permit provided by either the American Automobile Association or the American Automobile Touring Alliance must also be provided.
4. Policy
- Overview
The use of North Dakota State Fleet and rental vehicles is limited to travel by individuals who are acting on behalf of the State (VCSU). The individual acting on behalf of the State must have a valid driver’s license.
North Dakota Century Code (NDCC) section 39-01-03 strictly prohibits the private use of motor vehicles that belong to the State. The intent of this statute is clear: state vehicles must be used exclusively for state business. Some reasonable vehicle use such as driving to dinner or driving to get necessary supplies in the course of traveling for state business is allowed. Traveling for recreational purposes because of free time while on a business trip is not allowed.
An employee who has a disability requiring the use of their specially equipped motor vehicle is exempt from using a fleet vehicle. Employees using their personal vehicle for state business must have prior approval from the employee’s supervisor to be eligible for reimbursement. If approved, VCSU employees are entitled to reimbursement of mileage and travel expenses.
b. Insurance Coverage and Liability
Liability coverage for the State of North Dakota, its agencies and employees are provided through the ND Risk Management Fund (RMF). The RMF is administered according to statute (State Tort Claims Act, N.D.C.C. Ch. 32-12.2) and it specifies that coverage is only for claims against the State and State employees while acting within the scope of authorized State employment.
This means that the operation of a state vehicle, other than within the scope of authorized State employment, may expose the driver to: personal liability, employment consequences, and even criminal responsibility for unauthorized use of a motor vehicle and misapplication of entrusted property (N.D.C.C. §§ 12.1-23-06 and 12.1-23-07).
c. Student Use of State Vehicles
The University, through competent authority, will determine, whether by policy or practice, that it desires university representation at an activity or event, and that representation will be provided by student government, an organization (NDSA, recognized student group, club, etc.), or a department/class (music, business, science, etc.).
Trips required by class curriculum (field trips), or regional or national competition (music, athletics, etc.), will also need approval by a competent authority.
Trips requested by a class, student group, a recognized club or organization, for the purposes of educational enhancement or extra credit, do not make the trip official state business. Neither does having a faculty advisor accompany the group on a trip. Only trips approved by competent authority will be recognized as state business and allowed to use a state vehicle.
Refer to SBHE Policy 512 (applies NDCC 39-01-03 and 32-12.2 provisions to student driver of fleet vehicles) and VCSU Policy V512.
d. Determining State Business
If the individual or individuals requesting the vehicle is deemed, by a competent authority, to be acting as an employee on behalf of the State or University, this would likely be considered appropriate use of a state vehicle. If they are not deemed to be acting as an employee on behalf of the State or University, use of a state vehicle would be prohibited (see attachment VCSU State Fleet Operating Manual).
5. Procedures
a. Requesting a State Vehicle
All vehicle requests must be submitted on a vehicle request form (online). It must be completed in its entirety and approved by an appropriate, competent authority. Completed forms must be sent to Facilities Services through One Stop. Vehicle reservations are processed between 7:30am-4:00pm, Monday through Friday. To ensure your trip is not delayed, allow 2 business days for processing. Should circumstances not allow for 2-day processing, contact Facilities Services as soon as possible.
All requests will be evaluated. Reservations will be made when vehicles or services are available for approved travel as outlined in this policy. Confirmation of reservation, or a denial, will be provided for all requests. If confirmation or denial of service has not been received, contact the Facilities Services Office for a status update.
When there is question as to whether a vehicle request can be authorized under this policy, it will be forwarded to the VCSU Safety Office (or designee) for review.
Some volunteers, including students, if acting in an official capacity on behalf of the State or VCSU, and students required to drive for educational programs may be considered temporary employees and are allowed to use fleet vehicles for those purposes. Some non-employees may be authorized to ride in fleet/rental vehicles if necessary for state business (ex. to further the business purpose of the program, agency, or state).
Any passengers must be state employees also engaged in official State business or others whose presence is necessary to fulfill state business as determined by competent authority. Operators may not transport spouses, children, animals, or hitchhikers in state vehicles. All occupants must wear properly fastened seat belts whenever they travel in state vehicles. Employees sponsoring a student operator are responsible for explaining usage procedures. Visitors from other states or countries here at the invitation of the campus or a local or state government agency, or in connection with a national or international relations or business program have no connection to the state and are not state employees or agents of the State. As a general rule, using state vehicles to transport these guests to sites, hotels, restaurants, and other activities is not permissible.
Vehicles can be picked up at any time. Fleet keys are located at the Heat Plant Office.
Vehicles permanently assigned to a VCSU department for daily support of the campus are exempt from completing a vehicle request form, although laws, policies, and procedures regarding acceptable use and reporting incidents still apply.
The North Dakota State Fleet Policy Manual requires operators to obey and comply with all traffic laws and regulations governing the operation of motor vehicles. Copies of all law enforcement traffic citations will be forwarded to the campus from the DOT Office for appropriate disciplinary action.
Operators are responsible, without reimbursement, for all parking and traffic fines accrued while operating a state vehicle.
Smoking in fleet vehicles is prohibited by law (NDCC 23-12-09 through 23-12-11). Seatbelt use is required in accordance with NDCC 39-12-41.4.
Vehicles should not be taken to a personal residence for overnight parking.
See VCSU State Fleet Operating Manual (in Related Information).
b. Fueling/Expenses
The operator of the vehicle is responsible for refueling the vehicle before returning to the campus.
See VCSU State Fleet Operating Manual (in Related Information).
c. Vehicle Cleanliness
Vehicles are expected to be clean upon return to campus. The driver is responsible for removing all debris, vacuuming, and going through a car wash (if needed).
For Student Operators- the faculty or staff member signing off on the reservation of a state fleet vehicle for a student is responsible for informing the student of the cleanliness guidelines.
See VCSU State Fleet Operating Manual (in Related Information).
d. Vehicle Rates/Billing
Vehicle group codes and rental rate codes have been established by the NDDOT for each vehicle type to determine the respective mile/hour rate charged.
Vehicle odometer/hour meter readings must be recorded and returned to the Facilities Services Office monthly.
Mileage/hourly charges from State Fleet, allocated by vehicle, are electronically billed to departmental accounts through the Business Office.
e. Abuse of a State Fleet Vehicle
If there is abuse of driving privileges or misuse of a state vehicle, employees must report abuse or misuse to the Facilities Services Office.
Facilities Services Office will investigate the incident detail and report findings to the appropriate Vice President or Cabinet member.
Vehicle operators and/or passengers may be subject to disciplinary action.
f. Renting Vehicles for State Business
State agencies must use state vehicles for travel within state or originating within the state (see NDCC 24-02-03.3 in Related Information). Occasionally, there may be rare, extenuating circumstances when a vehicle needs to be rented commercially. When such a case arises, VCSU Safety Office must contact the State Fleet Division Director, prior to the travel date, to request permission to rent. If the State Fleet Division Director determines the rental is necessary, a one-time written approval will be given for the rental.
To request approval for the use of a rental vehicle in state, provide the following information to the Safety Office:
- Name, department, and phone number.
- Date rental is required.
- Explanation as to why a state vehicle will not be utilized.
If a rental is approved and a state contract exists which covers the type of vehicle to be rented, the reservation must be made using the state contract.
g. State Cooperative Contract for Rental Vehicles
The State of North Dakota has a vehicle rental agreement with Enterprise Rent-A-Car, National Car Rental, and Hertz that must be used when renting vehicles for state business. Vehicles rented through these contracts have discounted rental rates, as well as full coverage damage waiver with $0 deductible and liability coverage up to $1 million without additional fees or paperwork. This vehicle rental agreement is not to be used for anything other than conducting state business.
Reserve a vehicle through a travel agent, online, or directly through a local branch. Without appropriate account numbers, the terms and conditions of the rental agreement do not apply.
See Vehicle Rental Requirements (in Related Information).
h. Rental Vehicles Outside of State Cooperative Contract
If employees are in other countries, or in states other than those bordering or closely bordering North Dakota (Minnesota, South Dakota, Montana, Wyoming, Iowa, and Wisconsin) and are unable to use Enterprise, National, or Hertz to rent vehicles for state business and utilize another rental agency, the employee must purchase a damage waiver (a.k.a. collision damage waiver or loss damage waiver) and liability coverage from the rental company.
See OMB Vehicle Liability (in Related Information).
i. Reporting Vehicle Incidents
All accidents involving a state fleet vehicle must have a police report completed at the time of the occurrence. Drivers must report the incident within 24 hours to the Facilities Services Office.
Within 24 hours of the incident, the following forms must be completed and returned to the Facilities Services Office:
- VCSU State Fleet Accident Report (completed by the driver)
The Safety Office will file all forms with ND Risk Management.
If an accident occurs with an Enterprise, National, or Hertz rental car:
- Immediately contact local law enforcement.
- Retain the name and badge number of the officer on the scene, and phone number of the law enforcement agency.
- Request a copy of the crash report (if available).
- Contact the local rental agency office where the vehicle was rented, and they will fill out an accident report.
- Driver will complete the VCSU State Fleet Accident Report and submit it to the Safety Office within 24 hours (one business day) and the Safety Office will process the documents accordingly.
If an accident occurs with a car from a rental agency other than Enterprise, National, or Hertz:
- Immediately contact local law enforcement.
- Retain the name and badge number of the officer on the scene, and phone number of the law enforcement agency.
- Request a copy of the crash report (if available).
- Driver will complete the VCSU State Fleet Accident Report and submit it to the Safety Office with in 24 hours (one business day) and the Safety Office will process the documents accordingly.
j. Distracted Driving
The primary responsibility of a driver is to operate the motor vehicle safely. Distracted driving is any non-driving activity a person engages in while operating a motor vehicle. It is the policy of Valley City State University to prohibit the use of cell phones (including hands free) or any other mobile devices while operating a motor vehicle on state business (whether a personal vehicle or State vehicle). This restriction includes answering or making phone calls, engaging in phone conversations, reading or responding to e-mails and text messages, entering information into a GPS, and accessing the Internet.
The restrictions in this policy do not apply to emergency calls placed to obtain emergency assistance (report a traffic incident, medical emergency, serious traffic hazard, or to prevent a crime), if there is reasonable belief that an individual’s life or safety is in immediate danger, or if an authorized emergency vehicle while performing official duties.
Violations of this policy may subject the employee to disciplinary action.
This policy does not change or alter the prohibitions on wireless communications devices pursuant to N.D.C.C. § 39-08-23 and the North Dakota State Fleet Services Policy Manual. (NDCC 39-08-23, the use of a wireless communication device is prohibited while operating a motor vehicle as part of traffic. This bans the transmission of electronic messages including email, text message, instant message, and website access.
k. Lost Vehicle Keys
North Dakota State Fleet will not cover the expense of lost vehicle keys. It is the responsibility of the individual and/or department to cover the expense of replacing the keys.
6. Responsibilities
All Persons driving State Fleet Vehicles
- The driver must be a state employee as defined above and maintain a valid driver’s license while operating a vehicle.
- Conduct only state business while operating the vehicle.
- Operate the vehicle within the scope of employment.
- Complete the Defensive Driving Course (DDC) as soon as practical and every four years thereafter, as stated in the North Dakota State Fleet Services Policy Manual.
- Complete incident reporting within 24 hours of an incident in a fleet vehicle.
- Pay for the replacement of a lost vehicle key.
- Obey traffic laws.
- Refuel vehicle using assigned Voyager card prior to returning.
- Clean out vehicle (may include vacuuming and car wash) prior to returning.
- Request vehicles only when such vehicle use is for state business.
- Report accurate driver’s license information on the request form (for the DRIVER).
- Complete and submit vehicle request at least 2 days prior to travel.
- Reserve vehicle for state/VCSU business only.
- Reserve a vehicle through Enterprise, National or Hertz via travel agent, online or directly through a local branch.
- Use the appropriate account information when renting the vehicle.
- Complete incident reporting within 24 hours of an incident.
- Reserve vehicle for State/VCSU business only.
- Reserve and dispatch vehicles as requested, for approved vehicle request forms.
- Forward vehicle request forms to the VCSU Safety Office (or designee) when State/VCSU travel purpose is not immediately evident.
- Process VCSU State Fleet Accident reports for incidents involving state fleet vehicles.
- Conduct a more detailed evaluation of vehicle request forms for when State/VCSU travel purpose is not immediately evident.
- Coordinate Defensive Driving Courses and maintain training records.
- Process VCSU State Fleet Accident reports for incidents involving state fleet vehicles.
- Evaluate all vehicle requests and approve only when requested vehicle use is for official business that serves the State/VCSU.
7. Forms
8. Related Information
Sponsored by: Department of Facilities Services
Reviewed: Winter 1996
Reviewed: Winter 2003-04
Reviewed: January 2013
Reviewed: January 2014
Revised: November 2014
Revised: November 2023 and combined with V 1910.03