| Hardship Permits Toolkit for Employees with Driving Problems |
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| Certificate of Self-Insurance |
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Instructions
This section of the toolkit provides your agency with step-by-step instructions explaining how to request a Certificate of Self-Insurance for a Hardship Permit from the Department of Administrative Services – Risk Management (DAS-RM). Many of the instructions are required by Administrative Rule, OAR 125-155-100(4) and 125-155-420(5) as a part of the Vehicle Use and Access Rules for State Drivers. Your agency should review these rules in detail prior to proceeding.
We recommend you use these instructions each time your agency considers requesting a Certificate of Self-Insurance for Hardship Permit driving on state business. Note: Hardship Permits are not issued by the Oregon Department of Transportation, Driver and Motor Vehicle Services Branch (DMV) for commercial driving privileges.
First, it is Agency’s Decision to Accept the Risks of Hardship Permit State Driving
Each agency can decide whether to allow an employee to use a Hardship Permit for state driving. The decision should not be taken lightly. Here are some risks to consider:
- Public Safety. Can you assure that the driving behavior that caused the license restriction will not occur on the job?
- Public Reputation. How will the agency explain its decision? What could you say if Hardship Permit driver, operating a vehicle on state business, should a serious crash occur?
- Productivity. Does the value of the restricted employees work balance the managed risk? How will this worker’s duties be covered?
- Impact on the employee. How will the employee be affected? Are they cooperative? Do they recognize the seriousness of the situation? What does the incident that gave rise to the need for a Hardship Permit say about your employee’s judgment?
Your agency can make a decision not to accept Hardship Permits for state driving. If your agency does agree to allow Hardship Permit driving, decisions should be done on a case-by-case basis. Many variables are involved. Written guidelines may be useful for consistent decision making. See the State Agency Assessment Checklist for Hardship Permits for more information on making the risk – adjusted business decision.
If you decide to allow Hardship Permit driving, you will need to request a Certificate of Self-Insurance Coverage for Restricted Driving from DAS-RM. By rule, your agency head or designee makes the request. We will require a loss control plan before issuing a certificate.
Next, Obtaining the Hardship Permit Is the Driver’s Responsibility
It is the employee’s responsibility to obtain a Hardship Permit. Some people may choose to not to do so. They may use public transportation or other means to get to work and travel around. Or, they may just obtain a permit only to commute or for other, non-work related, driving. They obtain their own insurance. See the DMV Web site for more information on Hardship Permit requirements.
If they do not drive for state business, they may not need to report the loss of driving privileges to you. When you place an employee in a job, you should let them know if driving is required. They need to understand that loss or restriction of driving privileges may affect their ability to perform their job. If they drive on the job, for any purpose in any vehicle, they must tell you their driving privileges have been lost or restricted.
You will then need to decide if you will allow the employee to drive on state business. If your agency decides to allow employees to drive for any state business purpose in any vehicle, your agency Director (or designee) will have to contact RM and request state self-insurance coverage on the employee’s behalf. The employee will get the certificate from you. They submit it to DMV with all the required forms and materials.
After conviction, for certain offenses, the employee may be required to install an ignition interlock system on their vehicle. As an employer, you can apply for exemption from installing the interlock on state vehicles from DMV. See DMV’s Web site for the Employer Ignition Interlock Device Exemption form (pdf).
Then, Request a Certificate of State Self-Insurance for Restricted Driving
Only DAS-RM can issue a Certificate of Coverage for a state vehicle or state business driving. The agency director or designee makes the request. Submit the request in writing to DAS-RM. If the request comes from someone other than the agency director, we will ask for confirmation of the designation.
Before we will issue a certificate, we will review your loss control plan. We may have questions or suggest additional controls. Please let us know who we can contact to discuss the loss control plan. Once the plan is final we will send you a stamped Certificate of Self-Insurance for Restricted Driving. The employee will need the original to submit to DMV. We only release a certificate to an agency director or their designee.
Steps to take to Manage Hardship Driving on State Business.
- Agency reviews the Vehicle Use and Access Rules and the Assessment Checklist for Hardship Permits to determine if the driver is eligible for a Hardship Permit for state driving.
- The agency Director or designee agrees to accept the Hardship Permit for state driving.
- Agency creates a loss control plan that assures state driving is safety, legal and courteous.
- Agency Director or designee sends a written request for a Certificate of Self-Insurance coverage with the written loss control plan to:
DAS-Risk Management
Attn: Safety and Risk Unit
1225 Ferry Street SE U150
Salem OR 97301
- DAS-RM reviews loss control plan. We may request changes in the plan. We need to know whom to call with questions about the loss control plan.
- DAS-RM sends a letter accepting the agency loss control plan and a “date” stamped Certificate of Self-Insurance for Restricted Driving to the agency head or their designee.
- Agency meets with the employee to review the plan and conditions.
a. Have the employee sign the plan.
b. Give the employee a copy of or access to the Vehicle Use and Access Rules.
c. Sign the employee up for a driver safety class. If the Hardship Permit requires attendance at a class that will be sufficient.
d. If you will allow the employee to drive a private vehicle on state business, obtain a copy of the employee’s personal insurance. The insurance should specifically allow the driver to drive for business and cover the private vehicle or vehicles that will be used.
e. Give the employee written permission allowing him or her to drive on state business to submit to DMV. See DMV form – Requirements of Hardship/Probationary Permit Application (pdf).
f. Give the employee the Certificate of Self-Insurance for restricted driving to submit to DMV.
- Employee obtains a Hardship Permit from DMV.
- Agency sees evidence that the Hardship Permit has been issued.
- Agency monitors employee compliance with loss control plan through the duration of the driving privilege restriction.
If you have questions about the Hardship Permit process, contact the Driver and Motor Vehicle Services Branch, Driver Suspension Unit at (503) 945-5037. If you want to know about self-insurance coverage for state driving, call the Department of Administrative Services, Risk Management at 373-RISK.
History: New 3/05. Revised 1/06.
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