Agent means: A person or
legal entity appointed in writing by a state agency to perform specific
work. An agent is not an independent contractor. Agents, paid or unpaid,
are subject to the direction and control of the agency. An agency may
not call people “agents” for the primary purpose of justifying their
transportation in a state vehicle.
Employee means: A person
employed by the state of Oregon to do state business for whom the state
withholds income tax, provides workers compensation coverage, and pays
the workers’ compensation hour-tax. Under this definition, workers
provided by a temporary employment services agency and Department of
Corrections inmates are not employees.
Vehicle use and storage: No
person shall drive, operate or use, authorize or permit any person to
drive, operate or use any motor vehicle as defined in ORS 283.305 for
any purpose except for official state business as defined in ORS 283.305
and by the rules of the Oregon Department of Administrative Services.
In other words, when reserving a vehicle that
is to be operated by a non-state employee, you need to ask the question
whether that person would be allowed to operate a state owned vehicle
as an agent or employee as defined above. If the answer is no, then that
person should NOT be driving a vehicle under these price agreements.
The price agreements state that the "traveler" is a person who is
authorized to travel by a participant, however, per ORS 283.305, the
traveler must fall into either the agent or employee definition. No
other individuals are authorized to operate the vehicles under our price
agreements with Enterprise, National and Hertz.
The primary reason is the liability involved
for the person driving the vehicle, the contractor and the state. Our
price agreements include full damage and liability insurance coverage
and if a person was involved in an accident operating a rental vehicle,
and it was discovered that the person was not a state employee or agent
of the state, the state could ultimately end up being responsible for a
non-state employee or non-state agent accident.