Risk management

Frequently asked questions

DAS RM’s most asked questions all collected in one place! DAS RM fields many questions related to vehicle usage, driving on state business, state drivers, insurance and requirements. Of course, state vehicle usage must always be official, allowable, authorized, reasonable, and legal. If the use is any other type of use, any loss or financial responsibility may belong to the driver. The questions below highlight those questions we encounter most frequently. For questions you have that may not be covered here, see the Vehicle Rules - OAR 125-155, or call DAS RM and speak with any Risk Consultant.


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​Questions:
​Answers:
​Can exceptions be made to the strict rules?
​The Oregon legislature directed the Department of Administrative Services to narrowly interpret the statutes regulating state vehicles. State vehicle use & driving, is a serious activity with significant exposure to loss. The majority of the vehicle rules are designed to limit liability and minimize risk. Exceptions require a written variance from the Director (or designee) of the Department of Administrative Services. 

Reference: OAR 125-155-0900(10) or  toolkit for further checklist/information: VUAT-5 "Exceptions" ​


​Who is considered a "guest of the government"?
Guest of government: is an official visitor from an entity which the state has any interest. Guest of the government may be cost-sharing or non-paying passengers. Agencies may permit authorized drivers to transport guest of the government to the extent needed to accomplish official state business (agencies may impose conditions). 

Reference: OAR 125-155-0010 #18, 125-155-0400 #4  and ORS174.116 https://www.oregonlaws.org/ors/174.116 ​

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​Questions:
​Answers:
​Who is responsible for ensuring driver qualifications? 

​​It is the responsibility of all agencies  to use the DAS RM Vehicle Use & Access Toolkit or a comparable process to first authorize a driver, and verify if a driver is still authorized when/if the driver's license to drive is suspended or has restrictions. Reference: 125-155-0100 & 125-155-0200 
It is the drivers obligation to report  the loss or any other change in requirements & restrictions of driver license status to their supervisors. 

Reference OAR 125-155-0300
Agency can review "Authorizing Drivers" Toolkit: VUAT-1 through VIAT-1F​
or an agency can visit Oregon DMV2U ​Program to view driver history ​


Is the training provided in ILearn? 
Yes, there is an orientation webinar in Ilearn. 125-155 Vehicle Use & Access Orientation Webinar 
What do I do if I am in a crash/incident with a state vehicle?

Drivers must promptly report to their agencies all collisions / damage occurring to any vehicle while on official state business. Each state vehicle has an Accident Report Packet in the glove box that gives the authorized driver instructions and information. 

Agencies must review each report of collision or damage involving any vehicle in use on official state business, agencies must also report to DAS RM all damage to state vehicle if damage exceeding agency self-insurance property deductible. 

Reference: 
Vehicle Use and Access Toolkit, VUAT-3​, 'Emergency/Collision/Medical Transport"

Can I be an authorized driver while using a DMV issued Hardship or Probation Permit?

​​Possibly, agencies have the ability to decide if they will allow drivers with hardship permits to drive on state business and if the agency is willing to accept the potential risk of the employee.  

Reference: OAR 125-155-0100 section 9 & 11. DAS RM Vehicle Use & Access Toolkit 
Agencies must use the following toolkit to determine employee driving privileges:  VUAT-2A​ "Driver Hardship Permit Authorization Process" ​


​Can I drive my private off-road vehicle to work? 
​Specialty and off-road vehicles must not be used for official state business except to the extent an agency determines that necessary official state business cannot reasonably be accomplished without the use if the particular private vehicle. This includes use for travel to and from duty stations, day use, and overnight use. 
Reference: OAR 125-155-0510  #1-i 

Off Road: means a private or state motor vehicle that is unlicensed or not designed for use on public roads. it includes unenclosed vehicles designed for only one or more riders, all-terrain recreational vehicles, two-or three wheeled vehicles, off-highway vehicles, and utility vehicles. reference: OAR 125-155-0010 #19​


Can I park a state vehicle at home for a few days? 
Prior agency approval is required. An agency may allow/assign a state vehicle to a home for long-term parking after evaluating the circumstances of the need and completing / documenting the cost benefit analysis. 

Reference: VUAT-5D​ "Long term home parking cost benefit analysis" OAR 125-155-0510 #3 - 4​ 

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​Questions:
​Answers:
​Who is considered a "guest of the government"?

Guest of government: is an official visitor from an entity which the state has any interest. Guest of the government may be cost-sharing or non-paying passengers. Agencies may permit authorized drivers to transport guest of the government to the extent needed to accomplish official state business (agencies may impose conditions). 

Reference: OAR 125-155-0010 #18, 125-155-0400 #4  and ORS174.116 https://www.oregonlaws.org/ors/174.116​ 


Who is responsible for ensuring driver qualifications?​
​​It is the responsibility of all agencies  to use the DAS RM Vehicle Use & Access Toolkit or a comparable process to first authorize a driver, and verify if a driver is still authorized when/if the driver's license to drive is suspended or has restrictions. Reference: 125-155-0100 & 125-155-0200 
It is the drivers obligation to report  the loss or any other change in requirements & restrictions of driver license status to their supervisors. 

Reference OAR 125-155-0300
Agency can review "Authorizing Drivers" Toolkit: VUAT-1 through VIAT-1F​
or an agency can visit Oregon DMV2U ​Program to view driver history ​


I have had no driver training and got two speeding tickets this year. Can I still drive a State car? ​
Possibly, BUT only if your agencies written plan finds it resonable and necessary for official state business to allow you to drive.
Agencies must use the DAS RM Vehicle Use and Access Toolkit or a comparable procedure or process to create a plan, impose restrictions, and assess risks associated with the driving activity.

Reference: OAR 125-155-0100 #11. ​


​​May I use an aide to assist me when I am traveling on state business?
There are no restrictions, as long the "Aide” is an individual aged 18 or over approved by an agency to accompany/assist  an authorized driver in conducting their necessary job duties. However, and aide may NOT drive a state vehicle on state business. 

Reference: OAR 125-155-0010​


​I would like to bring my family with me while I am traveling for state business. Can my family accompany me?
No, any motor vehicle being used to transport family / friends or used for any other personal purpose is not state business, and prohibited by OAR 125-155-0000. Personal business use of a vehicle is not covered by state insurance.  
Children may ride in state vehicle ONLY when: OAR 125-155-0420(4)(D) applies.

Reference: OAR 125-155-0420 #5​


Who can drive a stae vehicle?
​State vehicles can only be driven by an "Authorized Driver”. An "authorized driver" must be an employee, agent, or volunteer who is approved by an agency to drive on official state business. 

Reference: OAR 125-155-0400 & 0500 & VUAT-1 "Authorization Drivers" toolkit​ ​



Who is considered "other permitted drivers"?
Other permitted drivers are drivers of other governments defined under ORS 174.116 & 174.117, agency approved chauffeurs, aides or contractors which are not insured by the state's self-insurance. These entities shall have an intergovernmental agreement or contract with DAS fleet or a state agency. 

Reference: ORA 125-155-0010 (21) ​
Can I be an authorized driver wile using a DMV issued Hardship or Probationary Permit? ​
Possibly, agencies have the ability to decide if they will allow drivers with hardship permits to drive on state business and if the agency is willing to accept the potential risk of the employee.  

Reference: OAR 125-155-0100 section 9 & 11. DAS RM Vehicle Use & Access Toolkit 
Agencies must use the following toolkit to determine employee driving privileges:  VUAT-2A​ "Driver Hardship Permit Authorization Process" ​



​Questions:
​Answers:
Will I loose state auto liability coverage if I get a traffic ticket or parking violation while driving a state vehicle, on official state business? ​
​No, the state self-insurance vehicle liability coverage is primary for authorized drivers conducting official state business. However, the state´s self-insurance program will NOT pay or defend you if a ticket is received or your negligent driving was deliberate, grossly negligent, malfeasant, an abuse of office, or intended to do harm. 

Reference: OAR 125-155-0600​


​​Am I insured while I am driving  a state vehicle? 
​The Insurance coverage available depends on the type of vehicle being driven:

-State vehicle: Self-insurance vehicle liability coverage is primary when an authorized driver is approved to drive a state vehicle to conduct state business. State motor vehicle: owned, rented, borrowed, leased, or otherwise under the possession and control of the state. 

-Private vehicle: While on State business, your private auto insurance is always primary coverage and applies first. The State may provide excess liability coverage if the loss exceeds your private auto's policy limits.  The State does not provide any type of coverage for a private vehicle when it is in use for any personal purpose or contrary to the vehicle rules, laws and outside state directives. 

Reference: Vehicle use & Access toolkit: VUAT-4A, Personal/State vehicle risk/Liability determination for help determining risk/liability. ​


​What do I do if I am in a crash / incident with a state vehicle? 
Drivers must promptly report to their agencies all collisions / damage occurring to any vehicle while on official state business. Each state vehicle has an Accident Report Packet in the glove box that gives the authorized driver instructions and information. 

Agencies must review each report of collision or damage involving any vehicle in use on official state business, agencies must also report to DAS RM all damage to state vehicle if damage exceeding agency self-insurance property deductible. 

Reference: 
• Vehicle Use and Access Toolkit, VUAT-3​, 'Emergency/Collision/Medical Transport"​


​Can I park a state vehicle at home for a few days?
Prior agency approval is required. An agency may allow/assign a state vehicle to a home for long-term parking after evaluating the circumstances of the need and completing / documenting the cost benefit analysis. 

Reference: VUAT-5D​ "Long term home parking cost benefit analysis" OAR 125-155-0510 #3 - 4​


I have/need to rent a vehicle. Do I need to purchase the rental company's liability & property coverage? 
It depends on the vehicle status and type of rental agreement.

Official State Business:
If the commercially rented vehicle is rented and used by a duly authorized employee at the cost of the state, solely for official state business, it is considered to be a state vehicle for the purposes of loss settlement. 
A) You do not need to purchase the rental coverage if you use the master price agreement. Insurance coverage is provided as part of the rental cost as long as the vehicle is used in accordance with this agreement.
B) If you need a vehicle for an area in the United States not covered by the master price agreement, purchase the Limited Damage Waiver (LDW) at the time of rental. A LDW is a provision in many auto rental contracts charging an extra fee to the person renting the vehicle. In exchange, the rental company waives some of its right to recover its cost of physical damage and some other types of losses (loss of use, etc.) from the renter. 
C) If the LDW is available and not purchased by the agency, at the time of vehicle rental, the agency´s loss settlement will be affected in the event of a loss. For more information see the Vehicle incident prevention program (VIPP) toolkit or the Property Self-Insurance Policy.
D) Agencies should only purchase the property damage coverage when renting a vehicle solely for official state business. Do not purchase the rental company´s liability coverage. Liability coverage will continue to be available from the state´s self-insurance program.


Private Vehicle Status:
If you plan to use the commercially rented vehicle for any mix of private and state uses it is considered to be a private vehicle for the purposes of loss settlement.
A) The purchase of a Limited Damage Waiver is not required, because there is no state coverage for this vehicle. It is up to the driver to provide private insurance coverage on a mixed use commercially rented vehicle.
B) If you do not have insurance, or your insurance company will not cover the use of a commercially rented vehicle, you may want to consider purchase of the rental company´s liability and property damage insurance. If there are questions about the correct insurance coverage for the rental vehicle, check with your own insurance agent for advice.
A commercially rented vehicle used for mixed purposes cannot be rented in the name of the state.



​Questions:
​Answers:
Can i use a state vehicle to run errands? and can I still use a state vehicle while traveling across the state? 

Day use: an authorized driver may use a vehicle during their normal shift, conducting both routine and non-routine duties related to official state business. few examples: purchasing / eating food, rest break, restroom activities..etc...
-Day use does NOT include travel between home and work. 

Overnight use: when an authorized driver is traveling in a vehicle on official state business to a location for a purpose that requires one or more overnight stays. examples: including the ones listed under day use and visitations, shopping, medical appointment ..etc. 

-Personal use of vehicle in the absence of coinciding with official state business is NOT covered by state insurance. 
Reference: OAR 125-155-0010 under section 12 & 22. ​


​What do I do when a state vehicle needs maintenance or needs to be towed? 
​​DAS Fleet has published a DAS Fleet Management Policy 107-011-040 PO for Controlling, Regulating and Managing State-Owned Passenger Motor Vehicles. 
If your agency has its own vehicles, contact your agency fleet manager.​


​Are firearms permitted in state vehicle? 
Drivers must not transfer firearms in a vehicle unless required to do so by their agency under its authorization by state law. Or if employees chose to exercise their rights under Oregon Concealed Carry Statue only if the agency's enabling statue allows employees to be armed. 
Reference: OAR 125-155-0510​


​Can I use a state vehicle to commute or travel between work and home? 
​No, commuting is a personal activity. Personal business use of a vehicle in the absence of a coinciding official state business use is not covered by state insurance. 

Reference: VUAT-4A​ "Insurance Coverage"  & OAR 125-155-0600 #3-d​