Driving

This policy defines the process by which people receive approval to operate a vehicle in connection with their Biola responsibilities and / or Biola-sponsored or sanctioned activities. Biola University has numerous faculty, staff, and students as well as volunteers and guests whose responsibilities or privileges include the operation of motor vehicles, including, but not limited to, automobiles, vans, trucks, golf carts, and all-terrain vehicles. This policy applies to the operation of vehicles 1) owned, leased, or rented under the University’s name and to 2) personal vehicles used for business, sponsored, or sanctioned activities. For the purposes of this policy, a business purpose applies to the activities of employees as well as to any Biola-sponsored or sanctioned activities of students, guests, and volunteers.

Biola University holds the safety of its employees, students, volunteers, and guests in the highest regard. This policy is designed to implement and maintain rules and protocols that will maximize the safety of Biola’s drivers, mitigate driving risks for all parties involved, and help the University remain fiscally responsible.

Any violation of this policy may result in the revocation of a driver’s status on a permanent basis and disciplinary action, including termination as an employee of the University.

Biola’s Business Auto insurance provides primary coverage for vehicles owned or leased by Biola, or rented under the University’s name unless the driver causes damage or injury deemed to be the result of an intentional act or gross misconduct. Biola’s coverage does not apply, however, to property damage to a personal (“non-owned”) vehicle even when used for business purposes. While Biola (not its insurer) may have some obligation to indemnify or reimburse employees for expenses if an accident occurs while performing required duties for Biola, neither Biola nor its insurer act as an insurer to cover all liability and damage that may result from driving a vehicle for business purposes. For this reason, it is imperative that individuals driving their personal vehicle for University business select sufficient coverage and limits through their personal auto insurance carrier. For those employees who are required to use their personal vehicle for their job duties, while Biola does not require minimum limits for personal auto coverage, the University recommends limits of at least $100,000 (bodily injury liability per injured person) / $300,000 (bodily injury liability per accident) / $100,000 (property damage per accident) be purchased by those who at least periodically are required to use their personal vehicles for Biola business. Despite this recommendation, Biola cannot advise on the final decision of which limits to secure on any given individual’s personal auto insurance; all constituents are advised to discuss this with their insurance agent. If cost is a factor, individuals may be able to change their limits on a temporary basis if use of a non-owned vehicle for business purposes is not ongoing. Biola constituents using a personal vehicle must make sure that the vehicle is in good condition and are responsible for their own maintenance and repairs. As a reminder, supervisors must allow their employees to receive the full federal mileage reimbursement allowance when they use their personal vehicle to drive for University business.

Individuals who operate golf carts on campus must be at least 18 and receive training and certification from Facilities Management. The criteria used to approve a driver for a University owned, leased, or rented vehicle do not apply to the operation of a golf cart. However, individuals involved in incidents or accidents in golf carts may have their privileges to drive a golf cart revoked by Risk Management with concurrence by the individual’s department / supervisor and Human Resources, or may be required to take and pass a course on golf cart safety.

Any persons intending to operate any vehicles for Biola-related business, whether it is a vehicle owned, leased, or rented in Biola’s name, or a personal vehicle being used for Biola business, must first obtain “approved driver” status. However, this does not include individuals using a personal vehicle for an occasional errand on their own (any drivers transporting others for business purposes must first become an approved driver). Applicants seeking approved driver status must fill out the Motor Vehicle Record Authorization Form (DMV) and complete Biola’s driver safety course. Upon receipt of the form, the Office of Risk Management will order the applicant’s Motor Vehicle Report (MVR), match the MVR against the standards in this policy, and inform the applicant of the outcome (approved or not approved). Please note that those who hold driver’s licenses from Colorado, Georgia, Pennsylvania, and Washington State must provide a recent copy of their MVR to the Risk Management office for review and approval.

Employee applicants and student workers need only fill out the forms once during the course of their employment pending no changes to the forms or the laws governing the information requested on the forms. Risk Management will use the DMV’s Employer Pull Notice (EPN) program, which will provide Biola with a copy of the employee’s MVR once a year and any time a mark hits the driving record. Students and other non-employees seeking approved driver status must fill out the forms once per academic year. Their MVR will be ordered each time they make a request to drive.

Personal Use of University-Owned Vehicles

As with other types of vehicles used for business purposes, only approved drivers may drive a University-owned vehicle. Employees may not allow a vehicle assigned to them to be used by a spouse or other family members unless they have received clearance to do so. Employees using a vehicle assigned to them must report their personal and business mileage (including the bona fide business purpose of each business trip) to Human Resources on a regular basis as required by law, regulations, or by policy and will incur taxes on the non-cash fringe benefit at least annually via payroll in accordance with IRS regulations.

Drivers must fulfill all University requirements including the following:

• Carry a current, valid U.S. driver’s license with endorsements appropriate for the use and type of vehicle driven. Employees located in California must carry a California driver’s license. Students and student employees are not subject to this requirement. Per California DMV requirements, new residents to California have ten (10) days to obtain a California driver’s license.
• Have at least three (3) years of driving experience when driving a normal passenger or work-related vehicle and six (6) years of driving experience when driving people in multi-passenger vehicles (see the “Multi-Passenger Vehicle Use Policy” below for the definition). Risk Management may grant exceptions on required driving experience to drive multi-passenger vehicles when no other drivers qualify.
• Demonstrate familiarity with the type of vehicle driven.
• Maintain a safe driving record, having:
  • No alcohol or drug-related violations within the previous three years.
  • No major violations in the last three years (see below). Please note that the list is not comprehensive.
  • No more than two minor violations in the last three years (see below). Please note that the list is not comprehensive.
  • No more than one DMV designated “at-fault” accident in the last three years.

• Must authorize Biola University to order and review their Motor Vehicle Record (MVR) and receive approval before driving.

Examples of Minor Violations:

• Parking tickets
• No seatbelt
• Failure to yield
• Stop sign violation
• Traffic light violation
• No proof of insurance
• Registration violation
• Speeding
• Passing violation
• Altered license or unlawful use of license or permit
• School bus zone violation

Examples of Major Violations:

• License suspended, revoked, cancelled or barred
• Failure to appear
• Reckless driving
• Failure to stop or report accident
• Violation of open container law
• Motor vehicle theft
• Manslaughter, vehicular homicide or vehicular assault
• Carrying a concealed weapon
• Felony use of a motor vehicle
• Drag racing or speeding contests
• Driving on the wrong side of the road

Drivers must observe safety precautions including, but not limited to:

• Observance of all traffic laws, including speed limits.
• Use of seatbelts.
• No distractions: no use of a cellphone or other distraction while driving.
• Proper loading of vehicles.
• Avoidance of drugs (e.g., antihistamines) that may impair performance.
• Avoidance of driving when fatigued, sick, distracted or with other physical or emotional impairments.
• Timely inspection and repair of headlamps, taillights, turn signals, windshield wipers, and other safety equipment.
• Sound judgment regarding safe driving conditions (e.g., weather, traffic, etc.).

Drivers assume full responsibility for all fines or traffic violations associated with their operation of a University vehicle.

Biola reserves the right to revoke anyone’s status as an approved driver at any time when it is evident that such a person’s driving behavior(s), mental, emotional, or physical state, or any other factor not directly addressed in this policy indicates that their ability to drive safely has been compromised.

Biola recognizes that employees, students, and guests must obtain and use rental vehicles for business purposes. Only approved drivers with at least five (5) years of driving experience qualify to use a vehicle rented in the name of the University. Biola University maintains a robust Business Auto Policy with applicable coverage for rental vehicles. Employees should decline optional coverage offered by rental companies. Employees must rent all vehicles used for business purposes through the appropriate process – Concur Travel, Biola’s approved travel agent, or the Purchasing Department, as Biola’s insurance will only cover a rental vehicle procured under Biola University’s name. Risk Management will distribute a copy of Biola’s proof of insurance card upon approval as an approved driver or upon request.

Biola’s insurance provides coverage in the United States of America and Canada, but not in Mexico. Travel to Mexico in a rental vehicle requires advance notification to Risk Management, permission from the rental agency, and sufficient and separate Mexican auto insurance coverage obtained from a reputable company before crossing the border. Drivers must report any accidents in Mexico to the Mexican auto insurance carrier before crossing back over to the United States. Those intending to drive a rental vehicle in any other location outside of the continental United States are required to contact Risk Management to make sure they are cleared to drive in those locations and will be required to purchase any extra insurance offered by the rental agency.

Biola’s insurance also applies in US territories and possessions (including Puerto Rico), but those wishing to drive a rental vehicle in these areas as well as any other place outside the US will first need to receive approval from Risk Management and must purchase any additional insurance offered by the rental agency.

Biola constituents renting vehicles for business or sanctioned purposes should document the condition of the rental vehicle by taking pictures of it before driving away from the rental agency. Pictures should be taken from the front, sides, and back. The same procedure should be taken before releasing the vehicle back to the rental agency at their lot.

For Students

In addition to everything stipulated above, students must purchase the following additional rental car coverage options (or their equivalent) when renting vehicles for University-sanctioned purposes when available:

• Damage Waiver (DW) — covers damage to the rented vehicle
• Personal Accident Insurance (PAI) — covers injuries of the driver and passengers
• Supplemental Liability Protection (SLP) — covers liability for injury and damage to other parties (required when available for purchase)
• Personal Effects Coverage (PEC) — covers theft (not loss) of the personal property of the driver and passengers (required when available for purchase)

For Non-Employees

Employees who travel for business may request to have a non-employee companion such as a spouse accompany them and list them as an additional driver on a rental vehicle procured for business purposes. Employees may make these requests by sending an email to Risk Management and must receive approval before proceeding further. Once approved, the non-employee companion must go through the clearance process outlined in this policy. Employees will need to request Damage Waiver and Supplemental Liability Protection (see above) when picking up their rental vehicle. The responsibility for the cost of these additional coverages remains with the employee. If the rental agency will process payment for these costs at the time of pickup, the employee should pay for them at that time. If Biola receives charges for these additional coverages, the employee will receive notification from Purchasing or Risk Management and will need to reimburse Biola shortly after returning from the given trip. Biola assumes no liability or responsibility for any injuries sustained by a non-employee companion arising from the use of a rental vehicle. All costs associated with any such injuries shall be the sole responsibility of the employee through their personal health insurance (including deductibles, co-pays, additional fees, etc.) or out-of-pocket. Biola is not responsible for personal items damaged or stolen from a rental vehicle.

For purposes of this policy, a multi-passenger vehicle is any vehicle larger than a sedan capable of carrying 4-5 passengers (including the driver). Biola constituents may not use multi-passenger vehicles capable of carrying ten (10) passengers and above (including the driver) for University related activities. These vehicles require possession of a commercial driver’s license (see section 1 of the California Commercial Driver Handbook). Fifteen-passenger vans also require a passenger transport vehicle (PV) endorsement and have a history of roll-over risk, resulting in fatalities.

If University business requires the transportation of multiple passengers, Biola constituents should use multiple vehicles that have a passenger capacity of nine (9) or less (including the driver) or charter a bus with a professional driver through Purchasing.

Drivers in multi-passenger vehicles should drive at least 5 MPH below the posted speed limit unless it seems unsafe to do so.

General Precautions

• Auxiliary Equipment: Biola constituents should not use auxiliary equipment such as trailers and roof racks as they may affect handling or the center of gravity of the vehicle. Risk Management may make exceptions if a driver demonstrates that they have the experience to handle such equipment safely.
• Fatigue: Biola constituents should take either breaks or alternate drivers for trips over three hours. No driver may drive for more than 8 hours in any 24-hour period. Biola constituents should plan trips so that drivers can remain rested and alert. Travel should be limited to normal waking hours (avoid travel between 12:00 a.m. and 6:00 a.m.).
• Headlights: Biola constituents should drive with headlights at all times on long trips and during the night for local driving.
• Front Passenger Seat: If traveling in pairs or groups, drivers should have a companion to keep them company, help the driver remain alert, and assist with navigation.
• Backing: When driving larger vehicles, drivers should have someone assist them while backing up.
• Safety Inspections: Drivers should perform a vehicle safety inspection before driving the vehicle, upon returning the vehicle, and at regular intervals in between. Please contact Risk Management for the Biola Vehicle Inspection Form.

In the event of an accident while driving a Biola owned, leased, or rented vehicle or in a non-owned vehicle used for business purposes, please do the following:

• If anyone has sustained major injuries, please call 911 right away both for medical assistance and for the police.
• Assess your own condition and the condition of all occupants. If anyone has sustained minor injuries, please call 911 so that the police can take a report; medical assistance can be sought after completing the rest of the accident procedures below.
• If possible, take pictures of all the vehicles together from various angles so that insurance adjusters can clearly see what happened.
• Ask the other parties involved to move their vehicles to a nearby location away from traffic.
• Take pictures of all vehicles involved (front, rear, sides and four corners). Take closer shots of noticeable damage on all vehicles and the other party’s license plates.
• Ask the other parties if they have sustained any injuries. If they have, please make note of it for your report later.
• Exchange information with the other parties. The information should include the following (it may be convenient to use your cell phone to take pictures):
  • Name
  • Driver’s License Number
  • Phone Number, Address & Email Address
  • Year, Make, Model, Color & License Plate Number
  • Insurance Company, Policy Number, Phone Number

• If anyone has witnessed the accident, please obtain their:
  • Name
  • Phone Number, Address & Email Address

• Other information to obtain:
  • Location
  • Date
  • Time of Accident
  • Police Information (If Applicable)
    • Police Report Number
    • Phone Number
    • Officer Name
    • Badge Number

• Fill out Biola’s Incident Report Form

Although Biola constituents may attain approved driver status based on the criteria in this policy, Biola must make sure that its drivers do not grow complacent. Therefore, Biola requires its drivers to take the Driver Safety Training Program through United Educators / EduRisk if a driver has any negative movement on the Motor Vehicle Record; such negative movement would include cell phone violations.

Please go to the Driver Safety Training Program page for instructions on how to register and login.

Those who have negative movement on their Motor Vehicle Record but still qualify as an approved driver must complete theDriver Safety Training Program within 30 days after receiving notification from Risk Management. Those who have negative movement on their Motor Vehicle Record and have lost their status as an approved driver must wait until the negative marks have cleared. Once they have met the qualifications as an approved driver once again, they must complete the Driver Safety Training Program before Risk Management will grant them approved driver status.

Approved drivers may lose their privilege to drive for Biola for business purposes immediately upon incurring a disqualifying mark on their Motor Vehicle Record. They may also be disqualified if Biola learns of information that could reasonably support a determination by Risk Management that the person is no longer safe to drive. This information may include, but is not limited to, a single, multiple, or a history of incidents or information that suggests the person suffers from physical or mental impairments that could reasonably lead to unsafe driving. When Risk Management determines that an employee has lost his or her status as an approved driver, Risk Management will send the employee an email, copying the employee’s supervisor, to notify the employee of the loss of driving privileges and the date when the person may be eligible to be reinstated pending no further marks on the Motor Vehicle Record.

The employee’s supervisor, in conjunction with HR, will determine whether job duties can be adjusted or whether suspension or termination is required in the event an employee who is required to drive for Biola business has lost his or her approved driver status.

Employees will not receive automatic reinstatement of their driving privileges. They must first complete the Driver Safety Training Program outlined above and then send an email to Risk Management (risk.management@biola.edu) to petition for their reinstatement as an approved driver.

In order to ensure that Biola’s students, staff, and faculty are transported in properly insured vehicles, Biola highly recommends that carpools take place in a University owned, leased, or rented vehicle, or in a chartered bus. All drivers must be cleared to drive prior to driving a University owned, leased, or rented vehicle as well as any personal vehicles. Please see the Insurance Coverage section above regarding how to handle insurance for personal vehicles. No one may be required to participate in a carpool either as a driver or as a rider. Since the only auto insurance available to a driver or rider is the auto insurance on any given non-owned (personally owned) vehicle, drivers and riders must be comfortable with the limits of coverage on any given vehicle before agreeing to participate in a carpool. Carpooling presents a situation where Biola’s students, staff, and faculty may be transported in an underinsured or even an uninsured vehicle. In California, auto insurance follows the vehicle and the vehicle owner, meaning that Biola cannot transfer its auto insurance to a personally owned vehicle. Additionally, medical coverage for passengers is both limited and optional. Those who participate in carpools are subject to the vehicle's individual insurance limits and Biola's insurance cannot replace or supplement an individual's personal auto insurance. If the University organizes an event off campus and does not provide transportation in one of these forms, the event organizer should inform the participants that they are responsible for their own transportation.