SUBJECT: Motor Vehicles
The purpose of this policy is to establish the minimum regulations and procedures concerning the maintenance and operation of motor vehicles by institutions and technology centers and employees of the institutions and technology centers within the Tennessee Board of Regents System.
A. Definitions
1. "State vehicle" or "motor vehicle" - any motor vehicle owned by the Board or an institution or technology center in the System, or purchased or leased from state funds.
2. "Institution" - any university or community college within the Tennessee Board of Regents System, and the offices of the Board of Regents.
3. "TTC" – any Tennessee Technology Center within the State Board of Regents System.
4. "Employee" - any person employed full or part-time by an institution or TTC, or any person serving as an ‘official volunteer’ at an institution or TTC. An ‘official volunteer’ is defined as a person whom the institution or TTC has properly registered with the Tennessee Board of Claims pursuant to Tenn. Code Ann. § 8-42-101(3)(B).
B. General Provisions
1. Motor vehicles are maintained at institutions and TTCs in the System to facilitate the official business of the System. It is the responsibility of all employees who use state vehicles to ensure the efficient and economical utilization of such vehicles.
2. All state vehicles shall be used in accordance with the provisions of this policy.
3. All state vehicles shall be marked in accordance with the current TBR Marking Plan as contained in Attachment A.
C. Presidents, Chancellor, Vice Chancellors, Legal Counsel, and TTC Directors
The presidents of the institutions, the Chancellor, Vice Chancellors, Legal Counsel, and TTC Directors may be assigned motor vehicles for use in performing the official functions of their offices.
D. Motor Pools
1. Each institution and TTC is authorized to maintain a central motor pool from which vehicles may be dispatched by employees for official business.
2. When motor pool vehicles are maintained, an employee who needs to use a motor vehicle on state business shall use a pool dispatched vehicle if one is available, unless the employee elects and obtains authorization to use a personally-owned vehicle as provided in the Board's General Travel Policies and Procedures (No. 4:03:03:00).
3. Motor pool vehicles shall be available for either trip assignments or special assignments. Motor pool vehicles available for trip assignments will be centrally controlled by the institution or TTC and made available for specific trips and returned to the motor pool upon completion of trips and shall be used only for official business and not for personal use. Special assignment of motor pool vehicles may be made to a division or a person when necessary for use on a regular basis. Motor pool vehicles, including those used for trip assignments and special assignments, may not be used for commuting purposes unless the employee:
(a) is departing upon or returning from an official trip away from his or her headquarters or the employee needs the vehicle to conduct institution or school business after regular working hours or before his or her usual working hours on the next day; or
(b) has been recommended by the president or director and approved by the Chancellor to be authorized to use the vehicle for commuting purposes.
E. Authorized Operators and Passengers
1. Only employees of an institution or TTC with proper departmental authorization may be authorized to operate a state vehicle for official business. Authorization to use a state vehicle shall be limited to official use within the scope of employment of the employee.
2. All employees must have a valid driver's license prior to being authorized to operate a state vehicle.
3. Passengers in state vehicles shall be limited to the following:
(a) employees of the institution or TTC when within the scope of employment;
(b) students of the institution or TTC engaged in institutional or school sponsored activities; and
(c) other persons when it is necessary for them to accompany an employee on official business or as guests of the institution or TTC.
F. Penalties for Misuse of Vehicles
1. Employees who misuse vehicles will be subject to disciplinary sanctions, depending upon the magnitude of the misuse and the frequency with which it has occurred. Misuse includes any of the following:
(a) Utilization of radar detection devices in state vehicles;
(b) Violations of traffic laws; this includes exceeding posted speed limits, reckless driving, and illegal parking;
(c) Careless operation that results in damage to the vehicle or injury to persons or property;
(d) Use of a vehicle for personal business or unauthorized commuting purposes; or
(e) Use of a vehicle contrary to the provisions of this policy.
2. The president of the institution, director of the TTC, or the Chancellor should determine the penalty appropriate for each violation; and in addition may require the employee to pay for damages to the vehicle caused by misuse.
G. Notice of Liability and Penalties for Misuse
A notice of liability and penalties for misuse of motor vehicles (Attachment B) shall be posted at the site where vehicles are normally checked out, and be contained in each vehicle for the benefit of drivers.
H. Exceptions
Any exception to this policy must be approved in writing by the Chancellor.
Source: TBR Meetings, June 29, 1979; June 27, 1980; September 30, 1983; June 29, 1984; June 27, l986; June 24, 1988; September 21, 1990; March 18, 2005.
Attachment A
MARKING PLAN FOR STATE VEHICLES
The provisions of the marking plan are as follows:
(1) All institutions and technology centers will develop and/or affix their own individual decal containing a minimum surface area of sixty square inches to all licensed vehicles.
(2) The identifying emblem will be displayed on the passenger and driver’s door unless otherwise stated. Some vans will be marked on the side at mid-panel height, and some institutions or technology centers will further identify the vehicle as security, maintenance, etc.
(3) Vehicles assigned to the chancellor, vice chancellors, legal counsel, presidents, and Tennessee technology center directors will carry regular series license plates and no decal identification.
These provisions will remain in full effect until revoked or altered in writing by the Chancellor of the Tennessee Board of Regents.
Source: Memorandum dated February 28, 1986, from Chancellor Thomas J. Garland to the State Commissioners of Finance and Administration and General Services
Attachment B
NOTICE OF LIABILITY AND PENALTIES FOR MISUSE OF MOTOR VEHICLES
In the case of accidents involving employees of the institution or school operating State vehicles, claims may be made against the institution or school only through the Tennessee Claims Commission. Claims against the State filed with the Claims Commission shall operate as a waiver of any cause of action, based on the same act or omission, which the claimant has against any State officer or employee. The waiver shall be void if the Commission determines that the act or omission was not within the scope of the officer's or employee's office or employment. State employees are absolutely immune from liability for wrongs which occur within the scope of the officer's or employee's office or employment. In the event an employee misuses a State vehicle, he or she will be subject to one or more of the following penalties: written reprimand or warning, suspension without pay, dismissal, or payment for damages to the vehicle.