Legal Affairs Policies

The goal of the Vehicle Safety Policy is to protect students and employees from injury while driving on College business.

If you drive on College business, this policy applies to you. The policy applies to all vehicles used for College business, including personal vehicles, leased vehicles, rental vehicles and College-owned vehicles.

We appreciate the adjustments you will make to your plans to comply with these policies.

Does this policy apply to me?

Yes, if you drive a rented, leased or College-owned vehicle at any time on College business

Yes, if you routinely drive a personal vehicle on College business. You drive routinely if any of the following apply:

• drive more than a couple local trips a month

• drive longer distances (25 miles one way) even just once in a while

• Please note, we discourage the use of a personal vehicle for college business. Be sure to completely read section 4 of this policy if you do utilize a personal vehicle for college business.

Yes, if you transport others at any time in a personal, rented, leased or College-owned vehicle.

You are driving on college business if any of the following apply:

• you or your group are representing the College

• the College is paying your expenses

• College personnel approved the trip or helped organize it

• driving is a job requirement

• if you are acting on behalf of your organization or department

1.0 General Requirements:

To drive on College business, you will need to:

• Accept the obligations of this policy

• Apply to drive on College business by completing the College Vehicle Driver Application available on myDiplomat under Transportation on the Navigation menu (requires F&M NetID login).

• Be at least 18 years of age

• Hold a valid U.S. driver's license for at least two years. Foreign licenses will not be accepted.

• Have a "clear or "acceptable" driving record as defined in section 2.0 of this policy

• Fulfill any training requirements as required in section 3.0 of this policy

2.0 Motor Vehicle Record:

Your motor vehicle record (MVR) will be verified when the Driver Application is first submitted and periodically thereafter. Additional checks may be conducted if the College becomes concerned about your ability to drive on College business, and your driving record could make you ineligible to drive on College business. It can take up 7 days to check your motor vehicle record from the time you submit a properly completed Application and other required forms. Please allow sufficient time, as you will not be permitted to drive for College business until your MVR is checked and approved.

• Driving records will be assessed based on the criteria below, as a minimum standard. In certain situations, drivers may be held to higher standards, depending on the nature of the driving, your driving record, or concerns about your ability to drive safely.

• Your MVR will be screened for Minor Violations, Major Violations and Accidents in the last 36 months. Driving records must be "clear" or "acceptable" for an individual to drive on College business. "Borderline" records are subject to special review, and if approved to drive, special requirements may be imposed

Number of Minor Violations	Number of Accidents
	0	1	2	3
0	Clear	Acceptable	Borderline	Poor
1	Acceptable	Borderline	Poor	Poor
2	Borderline	Poor	Poor	Poor
3	Poor	Poor	Poor	Poor
4	Poor	Poor	Poor	Poor
Any Major Violation	Poor	Poor	Poor	Poor

Major Violations:

• An excessive speed (25+) violation

• Driving under the influence of alcohol/drugs

• Failure to stop/report an accident

• Reckless driving/speeding contest

• Driving while impaired

• Making a false accident report

• Homicide, manslaughter or assault arising out of the use of a vehicle

• Driving while license is suspended/revoked

• Careless driving

• Attempting to elude a police officer

• Grand theft

• Unlawful use/possession of a weapon

• Use of a vehicle in the commission of a felony

• Certain moving violations

If you do not meet the requirements:

• For employees, you may be required to participate in a driving training program and/or be prohibited from driving on College business. If driving is an essential function of your job, the College retains the right, in its sole discretion, to reassign you to another vacant position for which you are qualified, or to terminate your employment.

• For students, you will not be allowed to drive on College business.

Self Reporting

If your driving record changes after you've been approved to drive, you must report the change immediately to your supervisor and Human Resources (for employees) or Auxiliary Services (for students.)

For students, if you become ineligible to drive on College business, your approved status will be revoked for the duration of your enrollment at the College. Further, you may be subject to disciplinary action from the Dean of Students.

3.0 Driver Training

Driver training is required depending on the type of driving, your driving record, or concerns the College may have about your ability to drive safely.

• 12-Passenger Vans: Anyone who wishes to drive a 12-passenger van must complete the driver training course provided by the College. Conducted by a licensed trainer, the training includes both classroom and on-the-road instruction. Email reminders will be sent by the Auxiliary Services Office when training is available.

• Driver Safety Training: If the College has concerns about your driving record and/or your ability to drive safely on College-business, you will be required to participate in an approved driver training course at your own expense and on your own time. Human Resources or Auxiliary Services will provide contact information for approved courses.

4.0 Personal Vehicles

While the college does discourage personal vehicle usage for college business, should you be required to use your personal vehicle on College business, you are subject to all the requirements and limitation set forth in this policy. You must also:

• Obtain advance approval from your supervisor, student activity advisor, or other appropriate Faculty or Professional Staff member to use a personal vehicle

• Apply to use your personal vehicle by completing the College Driver Application on myDiplomat under Transportation on the Navigation menu (requires F&M NetID login). You will need to provide information about your personal auto insurance.

• Acknowledge that your insurance is primary in the event of an accident. The College does not carry insurance on and assumes no responsibility for any damage to an employee's personal vehicle, even when it is used on behalf of the institution. It's an industry standard that insurance follows the vehicle.

• Maintain minimum coverage of $100,000 bodily injury per accident, $300,000 bodily injury aggregate and $50,000 property damage on your personal vehicle.

• Acknowledge that you will be responsible for paying any deductibles or co-pays associated with your insurance in the event of an accident.

5.0 Golf Cart and Small Utility Vehicle Operation Rules

Individuals utilizing golf carts on Franklin & Marshall College property are expected to operate them in a safe and courteous manner. Golf cart operators found in violation of these safety procedures and/or misusing golf carts may be subject to disciplinary action, including being prohibited from operating a golf cart on Franklin & Marshall College property.

• Most golf carts used on this campus are designed to carry a driver and three passengers. No golf cart is to be operated with more passengers than seating is provided. All occupants in the golf cart shall keep hands, arms, legs and feet within the confines of the golf cart at all times when the cart is in motion.

• Do not park or store a golf cart on a path that will restrict pedestrian access and/or block doorways or emergency access. Use parking areas posted for vehicles such as campus parking lots in designated vehicle parking spaces, not on sidewalks. Do not park in spaces marked for handicap parking.

• On the campus of Franklin & Marshall College, the pedestrian always has the right-of-way. Operators of golf carts will permit this right-of-way. When the golf cart is being operated on a sidewalk, the operator will pull off of the sidewalk to pass the pedestrians or stop the unit when approaching pedestrians until they pass. Keep in mind that electric golf carts do not make any noise so pedestrians can not hear you coming.

• Never back up without making sure there is no person or obstructions behind the cart. Never shift gears while the vehicle is in motion.

• A golf cart should be operated on campus at a speed equivalent to a well-paced walk and no faster than fifteen mph. This maximum speed may be subject to the terrain over which it is being driven, the weather conditions, and the total weight of the golf cart and passengers and any equipment being carried.

• Golf cart operators shall possess a valid driver's license and observe all Pennsylvania vehicle traffic laws such as lane travel, stop signs, legal passing of other vehicles, etc.

• Golf carts should be operated on campus pathways and sidewalks. Golf cart operators shall only cross the street at the designated pedestrian crossing located at the traffic light for Williamson Parking Lot and may not travel with or against the flow of traffic on any state or municipal roadway.

• Reduce speed to compensate for inclines, pedestrians, and weather conditions.

• Maintain adequate distance between vehicles and pedestrian.

• Speed should be reduced when in the area of pedestrians and/or obstacles.

• Approach sharp or blind corners with caution and reduce speed.

• Use extreme care at building entrances and upon entering/exiting enclosed areas.

• Do not operate and/or park the Golf Cart on grass or landscaped areas or athletic fields without prior permission from Facilities & Operations Management. Golf carts should remain on walkways and paved areas whenever possible.

• Never leave the keys in the golf cart when unattended. When the golf cart is not in use the operator must remove and secure the key and set the parking pedal brake.

• No personally owned golf carts are allowed on the Franklin & Marshall College campus.

Equipment and Safety Checklist:

• Before operating the golf cart, the operator will check for proper tire condition and inflation. Brakes will be checked for proper operation. The operator will check or any indication of battery fluid leaks such as wet spots under the golf cart.

• If the golf cart is in need of repair or maintenance, it should not be driven.

• Only authorized Facilities Maintenance personnel will work on the identified problem at the site where the cart is located.

6.0 Travel Limitations

• Students may not travel more than 200 miles one-way.

• Employees are not subject to a mileage limit but if the trip exceeds 150 miles one-way, the following safety procedures are required.

  • Monitor weather and road conditions and commit to change your plans if warranted to ensure safety. This may mean taking breaks more frequently, stopping overnight, or postponing the trip altogether.

  • Change drivers about every 2 hours, more frequently if the driving is fatiguing.

  • Assess the type of driving (highway, back roads, winding roads, hilly roads) compared to the driver's experience and comfort level, and assign driving shifts accordingly.

  • Don't caravan. Each driver should have a set of directions and maps. Don't attempt to stay together or rendezvous along the way. Each driver should travel independently.

• Do not exceed the recommended load capacity for vehicles for both number of passengers and weight of cargo. For the 12 passenger van, each driver should limit the stacking of cargo to below the seat back height. Target weight should be the equivalent of 12 passengers for people and equipment.

7.0 General Operating Instructions

• The institution's liability insurance protects the institution against damages resulting from bodily injury and/or property damage. The institution's liability insurance will also protect an authorized driver as long as the authorized driver is acting in accordance with all laws, College rules and policies and is acting within the scope of his/her authority and responsibilities. As noted above, however, when driving your personal vehicle - even on College business - your personal insurance is primary.

• Vehicles rented or College-owned should be used only for College business.

• It is strongly discouraged that non-F&M visitors be transported in rented or College-owned vehicles, or in personal vehicles when being used for College business.

• Employees and students must drive responsibly and are expected to follow traffic laws, posted speed limits, practice defensive driving, wear seat belts and avoid any activity that has the potential to divert attention from driving safely.

• Trailer, hitches or towing are not permitted.

• While driving on College business, the driver may not be under the influence of illegal drugs or alcohol. Employees are subject to disciplinary action up to and including termination for their conduct and actions while driving on College business. Students are subject to disciplinary action as determined by the Dean of Students.

• Drivers have the right to refuse transport of a passenger who is unable or unwilling to control behavior. Drivers have the right to refuse transport of passengers carrying alcoholic beverages.

• Drivers and passengers may not bring alcoholic beverages (even unopened) into a vehicle.

• Vehicles must be secured when not occupied and must have contents reasonably safeguarded.

• The use of radar detectors (or similar speed enforcement detection) is strictly prohibited.

• Drivers are restricted from activities of daily living while driving on behalf of this institution, including but not limited to use of cell phones, smoking, eating, emailing, texting, inputting of GPS activity, etc.

• Drivers are required to turn off the engine and refrain from smoking and cell phone activity while fueling vehicle.

• Drivers are personally responsible for paying all traffic tickets.

• Other than F&M students, minors may not ride in vehicles used for College business. PA 67 Section 171 prohibits the transportation of school-aged children in anything other than a school bus or specially equipped vehicle. Our vehicles don't qualify, nor do most rental vehicles.

• Travel must be postponed in extreme weather conditions or when extreme weather is expected.

8.0 Accident Reporting

• Immediately report ALL accidents to the Department of Public Safety, even if you're driving your personal or a leased vehicle. If possible, call DPS at 717-358-3939 from the accident scene.

• As soon as you are able, report any accident in an F&M owned or rented vehicle to riskmanagement@fandm.edu.

• Failure to report an accident will result in the revocation of your authorization to drive on College business.

• All College vehicles contain an accident reporting kit and insurance card. Driver is responsible for using kit in the event of an accident. When renting a vehicle from an outside rental company, driver is responsible for obtaining an insurance card - contact riskmanagement@fandm.edu.

• When possible, take pictures of all vehicle damages, roadway, street signs, intersections, etc.

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Policy Maintained by: Office of General Counsel, Vice President of Legal Affairs and General Counsel
Last Reviewed: February 6, 2018