Policy
Original Issuance Date: October 31, 2016
Last Revision Date: June 7, 2022
1. Policy Purpose
The purpose of this policy is to provide UW System risk managers and other applicable personnel with the driving requirements that must be met in order for University officers, employees, or agents to be authorized to use a University owned, leased, or rented vehicle or a personally owned vehicle while on University business. These specifications give each institution the ability to evaluate and screen drivers with the goal of assuring State automobile liability protection and reducing uncertainty and loss from vehicle claims. The policy also outlines related provisions for the use of vehicles while on University business.
2. Responsible UW System Officer
Director of Risk Management
3. Scope
This policy applies to any individual driving on University sponsored business. This policy does not apply to the Commercial Driver’s License Program.
4. Background
As described in the State Self-Funded Liability Program (SSLP) section of the UW System Risk Management manual, University officers, employees, and agents are provided liability protection while acting within the scope of their employment or agency through the SSLP. This includes those actions which arise out of the use of a vehicle while on University business. To control the liability exposure that vehicle use generates, UW System administrators and/or institutional risk managers must monitor the use of vehicles while on University business. This exposure is best controlled through the use of a systematic driver approval and authorization program at each institution.
Vehicle use touches a wide variety of issues which affect the liability, property, and worker’s compensation programs of the University. This policy addresses driver authorization and vehicle use requirements while driving on University business. UW System Administrative Procedure 615.A, Driver Authorization Process and Requirements, provides further specificity.
The State of Wisconsin has established the Fleet Driver and Management Policies and Procedures Manual. These policies and procedures were consulted in the development of this policy. In some cases the UW System policy is more restrictive than the State’s policy. Individuals driving on University business should be familiar with the contents of the manual.
5. Definitions
Agents: Students and volunteers who have been approved by the University to drive on University business.
Authorized Driver: University officers, employees, and agents that have a Vehicle Use Agreement application on file, meet the University minimum driving standards, and are approved to perform University business as described in section 6.A of this policy.
Personally Assigned Vehicle: An owned or leased State vehicle assigned to an individual University employee for University business use.
University Vehicle: A University owned, rented, or leased vehicle or any State Fleet vehicle.
Additional Authorized Driver(s): Drivers that are added to the vehicle rental agreement by the University renter at vehicle pick-up per section 6.B.I.5 of this policy
Valid Driver’s License: Operator’s Driver’s License as defined by state of origin. Specific restrictions and requirements on the usage of out-of-state and international licenses and permits can be found in section 4.B of UW System Administrative Procedure 615.A, Driver Authorization Process and Requirements.
6. Policy Statement
A. Driver Authorization
I. University Vehicles
Driver Authorization is mandatory for University officers, employees, or agents who are required to drive on University business and who are using a University Vehicle. The University Driver Authorization Standards are outlined in UW System Administrative Procedure 615.A, Driver Authorization Process and Requirements.
a. Personally Assigned Vehicles
Driver Authorization is required for University officers, employees, and agents to receive a personally assigned vehicle. Individuals assigned such vehicles should contact their institution’s Business Office regarding any questions on related business and personal use policies.
b. 12/15 Passenger Vans
Driver Authorization is required for any individual requesting to drive a State or University 12/15 passenger van. Additionally, individuals must adhere to the following requirements:
- Twenty-five (25) years of age or older*,
- Completion of a van training program which meets the standards established by the Department of Administration/Bureau of State Risk Management. Authorization and proof of certification as a van driver must be received by the UW System institution’s risk manager, or delegated party, prior to renting, leasing or using a fleet van,
- Abstinence from the use of drugs or alcohol, and
- Absolutely nothing is to be towed by or attached to 12/15 passenger vans.
- Rental of a 12/15 passenger van will require individuals to demonstrate proof of van driver certification at the time of rental. A university issued certification will be the only acceptable proof of certification.
* Institutions may forego the age restriction if a van is permanently converted to a cargo-only vehicle (restricted to one driver and one passenger).
c. Commercial Motor Vehicles
Driver Authorization is required for any individual requesting to drive a State or University Commercial Motor Vehicle. Employees renting a Commercial Motor Vehicle must be in compliance with the current Commercial Driver’s License Program.
II. Personally owned vehicles
University officers, employees, or agents must be authorized to use their personally owned vehicle on University business. The individual must possess a valid driver’s license and be in compliance with any restrictions associated with that license when operating their personally owned vehicle on University business. A completed Vehicle Use Agreement must be filed with the institution. Institutions may specify other requirements for University officers, employees, or agents to be allowed to use personally owned vehicles on University business and are responsible for communicating these requirements to those affected and the UW System Office of Risk Management.
B. Vehicle Use
I. Use of University Vehicles
a. General Provisions
University officers, employees, and agents who obtain Driver Authorization, as described in Sec. 6.A.I of this policy may be approved to use a University Vehicle while on University business.
Vehicle use approval should only be given for University business including Incidental Use (activities necessary to sustain a traveler away from home such as dining within a reasonable distance). Substantial or unreasonable personal use of a University Vehicle while on University business may result in a decision that a driver was operating outside of their scope of employment or agency. If an employee/agent has an accident outside of the scope of their employment, the state’s insurance program could determine the accident was not covered by insurance.
Examples of approved usage are:
- Class related field trips that are for educational purposes and have on-site supervision by a UW authorized driver.
- Stops at an ATM or financial institution or for lunch.
- Students driving and attending University-related conferences, meetings, and events; provided that a designated instructor/faculty advisor approves of the trip.
- Field Research under the supervision of a principle investigator.
- Volunteer programs that are under the supervision and control of the University and that provide benefit to the University.
Examples of inappropriate use are:
- Commute miles between home and office
- Individual research projects or course-work primarily for the personal benefit of a student working toward a degree.
- Student field trips that do not have the approval of the faculty or advisor and/or are not class related.
- Fraternity or sorority trips which are not related to student participation in institutional governance.
b. Passengers
There are different provisions related to passengers in University owned vehicles versus rented, leased or personally owned.
University owned vehicles
In general, only employees, agents, and students are allowed to ride in University owned vehicles due to the additional liability exposure posed to both the University and the passenger. Exceptions to this rule arise when transportation is necessary or convenient for individuals who are dealing directly with, or involved in, University business. Passengers who are not employees or agents must have approval from the UW institution’s risk manager. Transportation of student athletic teams and students participating in institutional governance activities may be considered University business. Exceptions have also been made for disabled employees who need the assistance of a non-employee driver and long distance (300 miles round trip) trips where alternating drivers are necessary.
Rented, leased or personally owned vehicles
There are no restrictions for passengers under the Big Ten vehicle rental/leasing contract or in personally owned vehicles. However, passengers must be pre-authorized by risk management under all other State vehicle rental/leasing contracts.
c. Driving Vehicles Outside of Wisconsin
Drivers who take a University Vehicle on University business into another state should be aware that many states require proof of insurance. Proof of Vehicle Registration/Insurance is designed to provide proof of liability protection. A copy of the signed certificate must be placed in each University Vehicle.
d. Use of Vehicles on University Business in Foreign Countries
Canada
When driving a University Vehicle into Canada, a Canadian Automobile Liability Card must be carried in the vehicle at all times. These cards provide the necessary proof of insurance as required by Canadian officials. Institutional risk managers will provide these cards upon request. The cards can be used throughout the policy year and are valid for University owned vehicles used on University business. It is recommended these cards be collected and reused throughout the year.
Mexico
Mexico does not recognize foreign insurance (U.S. insurance). Therefore, it is required that all University drivers procure adequate auto liability and damage waiver prior to entering Mexico. This coverage is not provided by the University and must be obtained from the rental agency or an outside insurance carrier. Drivers should contact Risk Management for assistance to purchase insurance for a university vehicle.
Authorities in Mexico also require proof of ownership of the vehicle being driven. It is very important to have a copy of the title to the vehicle before entering Mexico. The title copy to University/State vehicles should be obtained well in advance of the travel. Contact DOA Central Fleet, at (608) 266-0793 for a copy of the title to the vehicle.
All other countries
Adequate automobile insurance limits and damage waiver must be purchased when renting or leasing vehicles in all other countries. Individuals should contact their institution’s risk manager for assistance.
e. Use of Rental Vehicles Under Contract
The University requires use of contracted rental vehicle suppliers when traveling on University business. Refer to UW System Administrative Policy 405, Universities of Wisconsin Travel and Expense Policy and related procedures for use and insurance provisions when utilizing University rental vehicle contracts.
When traveling on University sponsored business the requirements of vehicle use and driver authorization contained within this policy extend to additional authorized drivers added to the vehicle rental agreement.
f. Trailering and Towing
Trailering is not recommended, but when trailer rental is necessary for University business, individuals shall use the approved State rental car vendor, if possible. If it is not possible, individuals must purchase the damage waiver. Trailering shall be done only by trained drivers.
g. 12/15 Passenger Van
A Damage Waiver and Additional Liability Insurance must be purchased when renting a 12/15 Passenger Van.
II. Use of Personally Owned Vehicles
a. General Provisions
University officers, employees, and agents may drive their personally owned vehicles on University business as long as they maintain a valid driver’s license and have a completed Vehicle Use Agreement on file with the UW System institution. Individuals’ must be in compliance with any restrictions associated with their driver’s license when operating their personally owned vehicle on University business. In the event of a loss, the employee/agent’s personal auto liability insurance will provide the primary insurance coverage for the loss. The State will only provide excess liability coverage to drivers if using their personally owned vehicles on University business. The employee/agent’s personal insurance will provide the only coverage for property loss. All drivers using their personally owned vehicle should carry personal auto liability insurance with limits of at least $100,000/$300,000/$50,000. Employees should consult their insurance carrier to confirm coverage prior to using a personal vehicle for University business.
Transporting work-related hazardous materials in your personal vehicle is not recommended and may be prohibited by institutional policies. Some insurance carriers will not cover an accident claim if it involves work-related materials as many personal vehicle insurance policies include a business-use exclusion.
2. Passengers
There are no restrictions for passengers while using personally owned vehicles on University business. In the event of a loss, however, the officer, employee, or agent’s personal auto liability insurance will be primary to the State’s coverage.
C. Driver Authorization and Vehicle Use Matrix
| VEHICLE TYPE | ||||||
| Requirement/Restriction | UW Fleet | Rental Under University’s Big Ten Contract | Rental under State Contract | Non Contract Rental | Personally Assigned Vehicle | Personal
Vehicle |
| Required to meet all University Driver Authorization Standards |
Yes |
Yes |
Yes |
Yes |
Yes |
No. Requires a State Valid Driver’s License + completed Vehicle Use Agreement form on file with institution |
| Restricted to Business Miles only
|
Yes |
No |
Yes |
Yes |
No |
No |
| Personal Use Allowed
|
No |
Yes |
No |
No |
Yes |
Yes |
| Driver Purchases Auto Insurance
|
No |
No* |
No |
Yes. Collision and Liability | Yes. Extended Non-Owned Vehicle Endorsement | Yes. Auto Insurance |
| ** Special Permission required for Non-University and Non-State Passengers |
Yes |
No |
Yes |
Yes |
No |
No |
Business Miles: Miles that are University related. Incidental stops while on University business are included in business use.
Collision and Liability: For rental locations not served by contract or in situations where vehicles are not available, a non-contract vendor may be used but the collision and liability insurance must be purchased. Vehicle rental Damage Waiver and Additional Liability Insurance must be purchased when renting from non-contract suppliers.
*For non-U.S. originating rentals, review the vehicle rental contracts to determine when standard insurances are provided. In the cases where insurances are not included under contract the necessary coverages must be purchased and will be reimbursed.
Extended Non-Owned Vehicle Endorsement: Individuals must purchase liability insurance through their personal insurance agent for personally assigned vehicles, which are to be driven for personal use miles. What commonly is called an “Extended Non-Owned Vehicle Endorsement” can be added to the individual’s personal auto insurance for a modest expense to insulate an individual when operating the leased vehicle for personal miles.
University Driver Authorization Standards: Two years licensed driving experience, age 18 or older, no drug or alcohol moving violation over the past 12 months, does not have three or more moving violations over the past 24 months.
**Passengers allowed in University Vehicles without prior approval include: University and State employees, and agents of the University. Where prior approval is required, the approval must be in writing and approved by the institution’s risk manager.
Personal Use: Miles driven that are not University business related. Commute miles are considered personal use. Personal use of a UW Fleet Vehicle or a State Contract Rental vehicle is not allowed.
7. Related Documents
UW System Administrative Policy 405, Universities of Wisconsin Travel and Expense Policy
UW System Administrative Procedure 615.A, Driver Authorization Process and Requirements
Section 340.01 (41g), Wis. Stats., Operators License
Department of Administration Fleet Driver and Management Policies and Procedure Manual
IRS Publication 463 (2015) Travel Entertainment, Gift and Car Expenses, Chp. 6: How to Report
8. Policy History
Revision 1: June 7, 2022
First approved: October 31, 2016*
*Previously part of UW System Risk Management Manual (Part 7 – Vehicle Programs, Vehicle Use and Driver Authorization)
9. Scheduled Review
June 2027
Procedures
Related Procedures
Guidance
Guidelines for Students Driving Universities of Wisconsin Vehicles
1. Purpose of Guidelines
The purpose of these guidelines is to provide guidance on when students can be considered “agents of the State” and therefore eligible to drive Universities of Wisconsin vehicles, including hired and leased vehicles.2. Publishing Office(s)
Office of Compliance and Risk Management3. Affected Stakeholders on Campus
These guidelines primarily impact students who would qualify as “agents of the State” under section 5 of these guidelines.4. Primary Responsibility
The UW System Office of Risk Management has primary responsibility for these guidelines. UW institutions may have more restrictive policies for student driving privileges.5. Guidelines
Per UW System Administrative Policy (SYS) 615, Vehicle Use and Driver Authorization, Universities of Wisconsin vehicles, including hired and leased vehicles, may only be driven by students while serving as “agents” of the State, so as to ensure there is liability coverage under Wis. Stats. §§ 893.82 and 895.46. The Department of Justice’s 2014 memorandum, Summary of Student Liability Coverage, describes that whether a student is an “agent” of the State depends on the following two-factor test:- Is the student performing an act that falls within the University’s educational mission and/or outreach activities; and
- Is the student participating in an activity that is under the direction and control of the university.
| Test | ||||
| Student Scenario | Examples | Mission and/or Outreach | Direction and Control | Agent of the State |
| Athletics | ||||
| NCAA competitions and team practice-related travel. | Football, basketball, cheerleader, etc. All NCAA Division I, II, and III team sports | Yes | Yes | Yes |
| Athletic activities, practices, camps, and competitions that are not official university activities. | Third party youth camps, outside competitions | Maybe | No | No |
| Recreational Sports | ||||
| Recreational activities/sports where university employees or volunteers are arranging or overseeing the activity and the travel. For example, activities overseen by Rec Sports. | Activities overseen by a campus recreation department. | Yes | Yes | Yes |
| Recreational activities/sports NOT under the direction and control of the university, for example an event hosted and overseen by an affinity group with no university employee involvement. | Events hosted and overseen by an affinity group with no university employee involvement. | Maybe | No | No |
| Student Organizations | ||||
| Students participating in university/shared governance as authorized by Wis. Stat. § 36.09(5) | University Student Representatives Counsel, Student Government Conferences and Training | Yes | Yes | Yes |
| Student Organizations - Educational Activities that provide learning opportunities related to future career fields, typically hosted by professional associations. | Conferences, conventions, forums, museums, music or theater performances, etc. | Yes | Maybe | Maybe |
| Student Organization – Social Events & Activities | Charity Fun Run, Spring Break, Ice Fishing Competition, Attending Sporting Events | Maybe | No | No |
| University events within the community where students, or student organizations, volunteer or jointly sponsor the event. | Expos, University fundraisers, Community Engagement events | Yes | Maybe | Maybe |
| Non-university community service. | Habitat for Humanity, Food Bank, Blood Donations, Parades | Maybe | No | No |
| Academic Activities | ||||
| Academic activities, listed in the course description or syllabus, that the student is directed to perform in fulfilling UW program requirements. | Academic Competitions, Conferences, Seminars, Symposiums, Field Trips. | Yes | Yes | Yes |
| Academic activities, that provide practical training opportunities and are developed, managed and controlled by the university. These activities may or may not be for credit. | Law School Clinics, Health Clinics (MEDiC) | Yes | Yes | Yes |
| Academic activities that while they may overlap with the student’s coursework and provide practical training, are not under the direction and control of the university. | Symposiums, Professional Association Events, third party field work. | Maybe | No | No |
| International Travel, including Study Abroad. Students are highly discouraged from driving as an agent of the University in a foreign country, even if the academic activity is under the direction of an academic staff member Exceptions to this policy may be approved in writing prior to driving in a country other than the United States by the institution risk manager. Travel must follow SYS 145.A, University of Wisconsin System Uniform Statement of Responsibility, Release, and Authorization to Participate in Study Abroad and Exchange Programs | For-credit study, internship, or research while traveling internationally | Maybe | Maybe | Maybe |
| Student Employees | ||||
| Students employed by the University and acting within the course and scope of their employment. | Same as all employees | Yes | Yes | Yes |
| Personal Travel | ||||
| Commute Miles from home to University sponsored activity | Internships, student teaching, volunteer opportunities, athletic practices, student org meetings, class. | No | No | No |
| Personal Travel – Domestic and International. | Weekend trips, excursions, deviations from authorized travel. | No | No | No |