1. Policy Statement and Purpose
This policy applies to all employees, including student workers, who operate vehicles for New York Institute of Technology-related business. It requires that vehicles driven on university business are operated and maintained in a safe manner, in compliance with motor vehicle rules and regulations. It also restricts the operation of university vehicles to users who are properly qualified and authorized and limits the purpose to legitimate and approved university business. This policy is intended to protect the safety of New York Tech community members and control the university's exposure associated with maintaining and operating a fleet of vehicles.
This policy is administered jointly by the Offices of Facilities and General Counsel. Facilities is responsible for the maintenance, repair, assignment, registration, and disposal of all university vehicles. The training, monitoring, and insurance functions are shared with the General Counsel's office.
All authorized drivers and their supervisors are responsible for reading and following this policy. Drivers formally acknowledge the policy when entering or updating their license information in Workday. Failure to comply with the policy may result in revocation of driving privileges or employment action, as discussed in Section 6.
2. Use of New York Tech Vehicles
2.1 Vehicles Owned or Leased by the University
Fleet vehicles are purchased, registered, and maintained by Facilities for the university. University vehicles are purchased and replaced according to intended use and departmental lifecycle schedules.
2.2 Vehicle Assignments
University vehicles are assigned to departments for their authorized drivers' use on an ongoing basis. Facilities is responsible for assigning vehicles. The university does not currently have vehicles available for itinerant use requests outside these assignments. Supervisors may contact Facilities at facilities@nyit.edu for questions regarding assignments and vehicle needs.
2.3 Utility and Specialty Vehicles
Utility vehicles, golf carts, and other specialty vehicles may only be used by Facilities, or as assigned. Assigned carts must follow the rules of the road. Specialty vehicles such as the food truck and care-a-van have their own requirements and may only be operated by those within the assigned operational unit who have received clearance from the department supervisor and the Director of Facilities. Additional training may also be required at the discretion of the Directors of Facilities and Risk Management.
2.4 Vans, Buses and Commercial Vehicles
12 passenger vans and 12 passenger mini-buses owned by New York Tech have limited availability, as they are assigned to discrete departments. Please contact Facilities at facilities@nyit.edu to make a request at least two weeks in advance. Note that driving these vehicles may require additional training and geographic or purpose restrictions.
Other larger vehicles are designated as commercial vehicles, such as buses holding over 15 passengers, accessible mini-buses, trucks, and large equipment. These may only be driven by Commercial Driver's License ("CDL") license holders. They also may only be driven within the state of New York. The Directors of Facilities and Risk Management maintain additional criteria for these vehicles and should be consulted.
For example, additional federal Department of Transportation ("DOT") requirements apply to drivers of New York Tech buses holding more than 15 passengers. These requirements include but are not limited to: license endorsement for passengers, medical clearances and drug testing. New York Tech participates in the DOT Consortium for compliance with these federal mandates.
2.5 Personal Vehicles and Rental Vehicles
While personal and/or rental vehicles are permitted for business travel when university-owned vehicles are not available, there are insurance considerations to be aware of in these cases – see Section 5.
3. Eligibility to Operate New York Tech Vehicles
3.1 Initial Driver Eligibility and Motor Vehicle Records Check
To be eligible to operate any New York Tech vehicles, drivers must be approved through a review of their driver's license and motor vehicle history.
If driving university vehicles is an essential job requirement, the motor vehicle records check will be conducted upon hire by the Office of Human Resources as part of the employee's pre-employment clearance process.
Otherwise, a New York Tech employee will use Workday, simply type in the search bar, "Change My Licenses." You will be prompted to enter your driver's license information and also upload a copy of the front and back of your license. These steps are required for the university to run an initial Motor Vehicle Record check on your license and ensure eligibility. No employee may begin driving New York Tech vehicles without authorization, which includes notice to the employee and supervisor that the training course has been completed, and the MVR check is clean.
All drivers must be at least 21 years old with a valid U.S. State driver's license and at least two (2) years of prior driving experience. Age and driving history requirements may only be waived in exceptional circumstances by the Offices of Facilities and General Counsel. DOT-oversight drivers have additional requirements which will be met through New York Tech's participation in DOT Consortium USA.
The university will conduct a motor vehicles records check, which you are consenting to by submission of your license information to New York Tech.
The total driving record, both business and personal use, of each driver is to be considered in evaluating any risk. A request to drive New York Tech vehicles may be denied if records indicate multiple and/or serious infractions in the last five years. New York Tech reserves the right to prohibit any individual from driving a university vehicle whom it determines to be unsafe.
3.2 Driver Training
All drivers must complete driver safety training. New drivers will complete the training upon submission of their license in Workday. Existing drivers will receive notification of the online training assignment via email with applicable due dates.
Facilities and General Counsel will assign and track driver training completions. Training will be scheduled through the SafetySkills platform, except for DOT-subject drivers who will receive training through DOT Consortium USA. Training must be completed within 30 days of hire or within 30 days of submission of the driver's license for approval. Non-DOT drivers must complete training at least every other year. New York Tech will allow completion of a defensive driver course to substitute for SafetySkills training, if taken within three (3) months of assignment. Completion of the course should be submitted to compliance@nyit.edu.
3.3 Business Purpose and Supervisor Approval
University vehicles may only be used for university-sponsored events and activities. Use of a personal nature is prohibited, except where the employee is on-call or has received permission from the Vice President of Capital Planning and Facilities as itinerant to business needs. Supervisors of active driver employees are responsible for vetting and approving the business necessity of the employee driving. For employees whose jobs include driving as an essential duty, this is achieved during the hiring process in consultation with the Office of Human Resources. For itinerant drivers, the supervisor is responsible for directing the employee to the appropriate forms to submit for authorization.
In either case, the supervisor is responsible for ensuring all active drivers in their department are properly accounted for in the list of New York Tech drivers and are in compliance with the requirements of this policy. The supervisor will be notified when the qualification process has been completed for each new driver in their department and when any changes to drivers occur. Likewise, supervisors should notify the Office of General Counsel if they discover an employee was processed as a new driver in error or without approval.
3.4 Ongoing Driver License Monitoring and Reporting
All authorized drivers are required to inform their supervisor of any personal motor vehicle incident, moving violation, or change in driver's license status within 2 business days. Drivers are also responsible for updating their license information upon change or renewal in Workday's Change My License task. (Incidents involving New York Tech vehicles must be reported immediately – see Section 4.3.)
New York Tech performs ongoing monitoring of driver's licenses and motor vehicle activity of all drivers once they are approved. This remains in effect for as long as a driver remains active in the university's driver roster.
As ongoing MVR checks are required (and are conducted by a separate vendor for new hire drivers), employees initially hired through HR must still submit their information in the Change My Licenses task in Workday after they have been added to the system.
Supervisors should confirm the accuracy of the list of drivers for their department at least semi-annually. Supervisors are responsible for confirming drivers in their department have properly reported changes and incidents under this section and Section 4.3 of this policy.
3.5 Student Workers
Due to the recognized risk of inexperienced drivers, New York Tech prohibits students who drive vehicles as part of their on-campus job from driving university vehicles anywhere off campus. Exceptions may be made upon request to Facilities and will only be granted where deemed necessary for the student to conduct their work.
4. Rules While Operating New York Tech Vehicles
4.1 Safe Driving Requirements
All drivers must comply with this policy; with New York Tech's Campus Parking and Vehicle Policies; and with federal, state, and local motor vehicle laws and regulations when operating vehicles for a university purpose. While not an exhaustive list, the following are some key rules to keep in mind:
- Drivers are responsible for obtaining up-to-date weather information before embarking and taking necessary precautions.
- Drivers must not allow unauthorized persons to operate an New York Tech vehicle and must ensure all passengers have a legitimate university purpose in riding.
- Drivers shall not operate an New York Tech vehicle until their seatbelt, and that of each passenger, is secured.
- Drivers must not use a cell phone or other handheld device while actively operating the vehicle.
- Drivers should exercise reasonable caution when driving, parking, and leaving the vehicle.
- Smoking or vaping in New York Tech vehicles is prohibited, as is consuming or transporting alcohol or other drugs. Alcohol may only be transported by Campus Dining for approved events in compliance with applicable rules and regulations.
- Hazardous materials may not be transported in New York Tech vehicles. The only exception to this is for the Department of Environmental Health and Safety to transport certain materials on campus only. All such transportations shall be approved by the Director of EH&S.
4.2 Vehicle Inspection, Maintenance, and Repair
Facilities is responsible for maintenance, repair, inspection, and upkeep of all fleet vehicles. Vehicle inspections and maintenance schedules are tracked via a work order system housed in Facilities. All ordinary repairs are performed by Facilities, whether conducted in-house or at a third party service station.
Facilities supplies each New York Tech vehicle with copies of the New York State registration and university insurance ID card in the glove compartment. Drivers are responsible for inspecting the condition of the vehicle before and after each use and for notifying Facilities immediately if damage or disrepair is noticed or any maintenance is needed. Drivers and their supervisors may report vehicle repair needs by submitting an online work order form.
New York Tech maintains its own fuel station for its fleet at the Old Westbury campus where all vehicles are refueled. Vehicles for the Old Westbury campus will be assigned tags to monitor and direct refueling efforts. Each vehicle and/or equipment is assigned its own tag and a unique code for accessing the fuel management system. Detailed instructions will be provided to authorized users upon distribution of the fuel tags.
For vehicles housed at the Jonesboro, Arkansas location, the Director of Finance is responsible for ensuring proper onsite maintenance, monitoring fuel usage, and serving as the vehicle liaison for the Jonesboro campus.
4.3 Accident Reporting
In the event of an accident, drivers should call 911 and obtain a copy of a police report for the incident. Drivers should then immediately report it to their supervisor and to Campus Security.
In addition to presenting the vehicle registration and insurance ID card from the glove compartment, an accident report form with contact information is included and should be utilized in the event of an accident.
Completion of the form requires obtaining relevant information regarding the incident, such as: involved parties' driver's license and insurance information, pictures, witness contact information, and other important details such as towing company contact if applicable.
Do not express an opinion as to fault or provide any statements except as required by law enforcement. Do not sign documents except as required by law enforcement. Do not authorize repairs. Do not leave a scene until information has been exchanged and a police report has been given.
The Directors of Facilities and Risk Management, or their designee(s), will investigate any accidents. Any accident where a New York Tech driver is found to be at fault may be subject to drug/alcohol screening by the university. At fault accidents may also result in reimbursement of costs by the employee to the university.
4.4 Tickets, Fines, and Fees
Tickets, fines, or fees incurred by drivers while assigned a vehicle are the sole responsibility of the driver. Failure to pay amounts due is a violation of this policy as described in Section 6.
5. Automobile Insurance
5.1 New York Tech Vehicles
University-owned vehicles are covered by the institution's commercial automobile insurance policy, both for physical damage and liability. If needed for rental or other purposes, a Certificate of Insurance evidencing this coverage may be requested from the Director of Risk Management at compliance@nyit.edu.
5.2 Rental Vehicles
Employees should refer to New York Tech's Travel and Business Expense Reimbursement Policy for additional information on the use of rental cars for business purposes. When rental cars are deemed appropriate, employees may generally decline the supplemental insurance coverage and use New York Tech's insurance policy for university-related business and travel; however, pre-approval for rental cars should be sought from the Director of Risk Management at compliance@nyit.edu, as there may be circumstances where purchasing additional insurance from the rental car company is advised.
5.3 Personal Vehicles
If individuals drive their own personal vehicles for university business, any damage or accident will generally follow the individual's personal automobile insurance policy (until exhausted), as a matter of state insurance law. This means when utilizing their personal vehicle for university business, employees are responsible for maintaining and providing evidence of sufficient insurance coverage (upon request), in compliance with New York State law. Mileage reimbursement may be sought in cases where an employee's personal vehicle is used. See the Travel and Business Expense Reimbursement Policy for more information.
5.4 Transportation Contracts
If it is necessary to contract with a third party to provide transportation services for a university-sponsored event, the requesting department should contact Procurement and the Office of the General Counsel to ensure the vendor has sufficient insurance coverage, clean driving history, and adequate references. Required insurance coverages may vary by location, distance/duration of trip, number of passengers, and other factors affecting the risk to New York Tech persons and property. Certificates of insurance will be required for these companies prior to authorization.
6. Enforcement
6.1 Violations and Driving Privileges
This policy is enforced in conjunction with the Offices of Facilities and General Counsel. Violations of this policy may result in one or more of the following actions: additional training; reimbursement to New York Tech of fees or cost of damages; suspension or revocation of driving privileges for New York Tech vehicles. In these cases, the Office of Human Resources and department supervisor will be notified. Infractions include, but are not limited to:
- Poor MVR check (prior accidents, suspensions, violations, convictions)
- Invalid license
- Failure to follow operating rules
- Accident with or damage to New York Tech vehicle
- Failing to report incident (involving New York Tech vehicle or not)
6.2 Disciplinary Action
In addition to the potential suspension or revocation of driving privileges, violations of this policy may also subject employees to discipline, up to and including termination. Employees whose jobs require them to drive university-owned vehicles may face job-related action if their driving privileges are revoked.
Any disciplinary measures taken will be in coordination with the appropriate departmental supervisor and the Office of Human Resources. For student workers, they may be subject to discipline under the Student Code of Conduct and will be coordinated with the Dean of Students Office.
The foregoing guidelines do not limit in any way the right of the university to discipline or terminate its employees at any time with or without cause and without prior notice.