Or. Admin. Code § 125-155-0010

Current through Register Vol. 63, No. 12, December 1, 2024

Section 125-155-0010 - Definitions

As used in this chapter, unless the context requires otherwise, the following words, phrases, and abbreviations have the meanings listed:

(1) "DAS" means Department of Administrative Services.

(2) "DAS Fleet" means DAS's Enterprise Asset Management's program which establishes policies for managing and operating motor vehicles in Oregon's state government fleets and convening the Fleet Management Advisory Council (FMAC).

(3) "DAS RM" means DAS's Risk Management program of the Enterprise Goods and Services Division of DAS.

(4) "DMV" means Driver and Motor Vehicle Services, Oregon Department of Transportation or, if the context requires, its equivalent in another jurisdiction.

(5) "EGS" means Enterprise Goods and Services Division of DAS.

(6) "Agency" means an agency, board, commission, or branch of the state of Oregon that is subject to ORS chapters 283 or 278.

(7) "Agent" means a person or legal entity that is appointed in writing by a state agency to conduct specified work. An agent is not an independent contractor. Agents, paid or unpaid, are subject to the direction and control of the state agency. An agency must not call people agents for the primary purpose of justifying their transportation in a state vehicle.

(8) "Aide" means an individual age 18 or over approved by an agency to accompany/assist a state employee in conducting their necessary job duties.

(9) "Authorized Driver" means an employee, agent or volunteer who is approved by an agency to drive on official state business.

(10) "Allowable Activities" means actions essential to everyday life performed while conducting official state business. These activities must occur within the local vicinity or while en-route to conduct official state business. These activities may only occur while conducting official state business for day use, overnight use or full time use. For overnight and full time use, allowable activities are reasonably expanded to include more personal business types of activities.

(11) "Contractor" means a person, business or corporation that provides goods or services to the state under terms specified in a written contract.

(12) "Day Use" means use of a vehicle during a normal shift conducting both routine and non-routine duties related to official state business. Travel between home and the driver's duty station during day use is prohibited.

(13) "Duty station" means the location designated in writing by the agency from which an employee normally carries out his or her duties.

(14) "Emergency aid" means the assistance provided at a roadside emergency such as an obvious accident or breakdown within the borders of this state where an individual(s) in danger or stranded. Hitchhikers or someone either asking for a ride or broken down in an urban area are not roadside emergencies.

(15) "Employee" means any person employed by the state for whom the agency withholds income tax, provides workers' compensation coverage, and pays the workers' compensation hourly-tax. Under this definition, the following are not employees:

(a) Workers provided by a temporary employment services agency, and

(b) Department of Corrections inmates.

(16) "Excess coverage" means coverage provided as a secondary layer of insurance used in addition to and after the primary coverage limit is exhausted.

(17) "Full time use" means the driver is assigned a state vehicle virtually all day and every day for conducting official state business.

(18) "Guests of the government" means official visitors from an entity in which the state has any interest. They can include local government officials traveling to the same area or near the route of the state driver. Guests may also be cost-sharing or non-paying passengers.

(19) "Off-road vehicle" 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.

(20) "Official state business" or "state business" means any activity directed and controlled by a state agency to advance the lawful policies and purposes of the agency. State law requires a narrow interpretation of this term.

(21) "Other permitted drivers" means drivers of other governments defined under ORS 174.116 and 174.117, or contractors that are not insured by the state's self-insurance coverage. These entities shall have an intergovernmental agreement or contract with DAS Fleet or a state agency.

(22) "Overnight use" means the driver is traveling in a state vehicle on official state business to a location or for a purpose that requires one or more overnight stays.

(23) "Personal use" or"Personal business" means anything other than official state business.

(24) "Primary coverage" means the insurance coverage considered first in order for payment of a claim. For state vehicles used for official state business, state self-insurance is primary for automobile liability coverage. For personally owned vehicles, the vehicle's owner's personal automobile liability insurance is primary and state self-insurance may be excess coverage.

(25) "Private or personal vehicle" means a motor vehicle owned, rented, borrowed, leased, or otherwise lawfully in the possession and control of any entity other than the state. A commercially rented vehicle is a private vehicle if it is rented or used for a mix of private and state uses. Private vehicles, while in use forofficial state business, are treated as state vehicles in these rules unless the context clearly requires otherwise. Any motor vehicle being used to transport family or for any other personal purpose is not on state business. Any personal use of any vehicle is not state business use. An independent contractor's vehicle being used for contracted services is on the contractor's business, not on state business

(26) "Private specialty vehicle" means a private vehicle that is a motorcycle or other two or three wheeled vehicle designed for one or two riders.

(27) "State vehicle" means a motor vehicle used solely for official state business.

(a) State vehicles are:

(A) Licensed for highway use; and

(B) Owned, rented, borrowed, or leased by an agency solely for official state business; and

(C) Not a specialty or off-road vehicle; and

(D) Not used to transport family or for any other personal purpose.

(b) A commercially rented or leased vehicle is a state vehicle if rented by a duly authorized employee at the cost of the state, solely for official state business.

(c) A vehicle, owned by DAS and lawfully rented to a local government or other non-state entity, is not a state vehicle for purposes of these rules.

(d) Unless the context clearly requires otherwise, "state vehicle" refers to private vehicles while in use for official state business.

(e) A state vehicle may not be used to transport family or for any other personal purpose. Any personal use of any vehicle is not official state business.

(28) "Volunteer" means an unpaid person appointed by a state agency to work on its behalf. Volunteers are appointed in writing to do official state business under agency direction and control. They receive no remuneration. An agency must not call people volunteers for the primary purpose of justifying their transportation in a state vehicle. Volunteer and agent may be used interchangeably unless the context requires otherwise.

Or. Admin. Code § 125-155-0010

DASII 4-1995, f. 11-22-95, cert. ef. 11-24-95; DAS 5-2020, amend filed 10/26/2020, effective 10/30/2020

Statutory/Other Authority: ORS 184.305, 184.340 & 278.405

Statutes/Other Implemented: ORS 283.310, 283.340, 283.345 & 283.395