Policy
Original Issuance Date: October 31, 2016
Last Revision Date: October 28, 2026
1. Policy Purpose
This policy outlines:
- Authorized Drivers – How state officers, employees, and agents can serve as an authorized driver for the Universities of Wisconsin (UW).
- Authorized Use – When an authorized driver may operate a vehicle on UW business.
- Special Considerations
2. Responsible UW System Officer
Director of Risk Management
3. Scope and Institutional Responsibilities
This policy applies to all UW universities. Each UW institution may have more restrictive policies or procedures related to this area.
This policy does not amend or extend any liability protections beyond what is outlined under the Wisconsin Statutes.
This policy does not apply to non-licensed vehicles, e.g. golf carts, ATVs, or UTVs.
4. Background
In support of the UW’s mission, it is necessary that state officers, employees, and agents operate motor vehicles on UW business.
The State of Wisconsin Fleet Driver and Management Policies and Procedures Manual permits state officers, employees, and agents to operate state vehicles when acting within the scope of their duties, employment, or agency when authorized by their agency risk manager. In compliance with this requirement, this policy establishes when state officers, employees, and agents are authorized by University of Wisconsin System Administration Risk Management to operate UW vehicles.
Wisconsin Stat. § 895.46 provides that the state will pay judgments taken against state officers, employees, or agents for acts carried out while acting within the scope of their employment or agency.
5. Definitions
Agents: Individuals meeting the definition of agent of the state under Wisconsin law, including appointed volunteers and students in certain situations, see Guidelines for Students Driving Universities of Wisconsin Vehicles.
Authorized Driver: State officers, employees, and agents, that have met the requirements outlined in UW System Administrative (SYS) Procedure 615.A, Driver Authorization Process and Requirements.
UW Vehicle: A UW owned, leased or rented vehicle or any State Fleet vehicle.
Non-UW Vehicle: Any vehicle that is not a UW vehicle, including, but not limited to personally-owned vehicles, vehicles owned by other federal or state agencies, or vehicles owned by contractors or vendors.
6. Policy Statement
A. Authorized Drivers
Only a state officer, employee, or agent can be designated as an authorized driver.
To be designated as an authorized driver, a state officer, employee, or agent must meet the requirements outlined in SYS 615.A, Driver Authorization Process and Requirements. Only once these steps are completed and approved may a state officer, employee, or agent be designated as an authorized driver.
B. Authorized Use
Only an authorized driver can operate a vehicle on behalf of the UW, including both UW vehicles and non-UW vehicles.
An authorized driver may operate a UW vehicle, but only within the scope of their duties, employment, or agency. Limited incidental use by an authorized driver is permitted, such as activities reasonably necessary to sustain a traveler while away from home.
An authorized driver may operate a non-UW vehicle while within the scope of their duties, employment, or agency, e.g. personal vehicles being driven while traveling for institution business.
C. Special Considerations
I. UW Vehicle (Owned, Leased, or State Fleet)
1. Passengers
Only UW officers, employees, agents, volunteers, and students are allowed to ride in UW owned, UW leased, or state fleet vehicles. Exceptions to this rule may be granted through written approval by an institution’s risk manager when the transportation of other passengers will clearly advance institution business.
2. Out-of-State & International Travel
Before operating a UW owned, UW leased, or state fleet vehicle domestically outside of Wisconsin, an authorized driver must confirm there is a signed Proof of Vehicle Registration/Insurance in the vehicle.
Before operating a UW owned, UW leased, or state fleet vehicle in Canada, an authorized driver must confirm there is a Canadian Automobile Liability Card in the vehicle.
Before operating a UW owned, UW leased, or state fleet vehicle in any country other than the United States or Canada, an authorized driver must procure adequate auto liability insurance through their institution’s risk manager, obtain proof of ownership through Department of Administration Central Fleet, and ensure they are in compliance with local laws.
II. UW Vehicle (Rented)
1. Passengers
Third parties providing rental vehicles to the UW may place limitations on passengers. Before transporting passengers in a rental vehicle, authorized drivers must determine what limitations exist, if any, refer to SYS 405, Universities of Wisconsin Travel and Expense Policy.
2. Liability Insurance and Physical Damage
Before operating a rental vehicle, authorized drivers must obtain, for the benefit of the UW, both liability insurance and a physical damage waiver. UW rental contracts may already include this coverage, refer to SYS 405, Universities of Wisconsin Travel and Expense Policy.
III. Personally Assigned UW Vehicle
An authorized driver operating a UW-vehicle personally assigned to them pursuant to their employment agreement may operate the vehicle for personal use, including transporting passengers unaffiliated with the UW. The authorized driver is responsible for obtaining insurance coverage applicable to all personal use of the vehicle.
IV. Non-UW Vehicles
1. Liability Insurance & Physical Damage
Before operating a non-UW vehicle within the scope of their duties, employment, or agency, an authorized driver must ensure there is auto insurance that meets or exceeds state minimum requirements. The UW shall not be responsible for damage to a non-UW vehicle operated by an authorized driver while within the scope of their duties, employment, or agency. The authorized driver’s liability insurance will be primary, with the UW’s liability insurance being excess.
V. Trailering and Towing
Before trailering or towing while within the scope of their duties, employment, or agency, an authorized driver must receive approval from their institution’s fleet manager.
12/15 passenger vans cannot be used on institution business for trailering and towing.
VI. 12/15 Passenger Vans
Before operating a 12/15 passenger van while within the scope of their duties, employment, or agency, an authorized driver must meet the following additional requirements:
-
- Be twenty-five (25) years of age or older; and
- Complete a van safety training program that 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 institution’s risk manager, or delegated party, prior to operating a 12/15 Passenger Van on institution business.
These additional requirements do not apply to vans that have been permanently converted to a cargo-only vehicle (restricted to one driver and one passenger).
VII. Commercial Motor Vehicles
Authorized drivers operating commercial motor vehicles must also comply with the UW’s Commercial Driver’s License Program.
D. Accidents or Damage
Authorized drivers are responsible for immediately reporting to their supervisor and institution risk manager:
- All auto accidents they are involved in while serving as an authorized driver; and
- Any damage to a UW vehicle, while in their care, custody or control, including all damage discovered by a rental company.
In addition, authorized drivers must complete and return to their institution risk manager the appropriate State of Wisconsin vehicle incident reporting form
E. Noncompliance
Noncompliance with this policy may result in loss of driver authorization.
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 2: October 28, 2026
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
October 2031
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 |