Or. Admin. Code § 125-155-0100

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

Section 125-155-0100 - Agency Responsibilities and Permissions

(1) It is the responsibility of all agencies and their drivers to follow the requirements of the law, regardless of jurisdiction or authority, and these rules in all situations.

(2) Agencies must use the DAS RM Vehicle Use and Access Toolkit (located on DAS RM's webpage) or a comparable process when first authorizing a driver for official state business.

(3) Each state agency must have a written plan, policy, or process to administer these rules. The agency, at a minimum, will adopt and address in their written plan, policy, or process how they will accomplish the following:

(a) Identify the type of individual who may potentially drive a state vehicle (i.e., employee, agent, volunteer) (see DAS RM Vehicle Use and Access Toolkit);

(b) Authorize a driver (refer to 125-155-0200);

(c) Determine the job or work assignment accomplished by the vehicle use;

(d) Verify employee compliance with driver requirements (refer to 125-155-0300); and

(e) Monitor the status of employee's driver license (i.e., valid with or without restrictions, suspended, revoked).

(4) By virtue of ORS 278.405, these rules apply to all agencies and to any official state business use of any vehicle owned by an agency subject to these rules, except as noted below.

(5) Organizations exempted by their enabling statute under ORS 283.310 are not agencies subject to ORS 278.405 and these rules. Those entities may elect whether to apply these rules to their vehicles and personnel.

(a) To elect to apply these rules, the exempted entity must provide written notice to DAS RM at least 120 days prior to either the effective date of these rules or the date of their election.

(b) To elect to opt out of applying these rules, the entity must:

(A) Provide written notice to DAS RM at least 120 days prior to the effective date of the election; and

(B) Provide DAS RM with a copy of the rule(s) or policy(s) it will use in place of these rules; and

(C) Comply with the requests of DAS RM for additional information; and

(D) Comply with the recommendation(s) of DAS RM.

(6) These rules do not apply to a state vehicle used by federal, local, or other state governments when that vehicle is furnished and used under the terms of an intergovernmental agreement, contract, or compact. The state is responsible to manage its own drivers, not the drivers of other jurisdictions.

(7) The agency employing a driver must apply and enforce these rules. The agency owning the state vehicle may enforce these rules as they relate to its vehicles. Nothing in these rules limits an agency's ability to apply any kind of personnel or disciplinary action or exercise any of its specific rights or duties under existing contracts with vendors and agents.

(8) Agencies may develop policies that further restrict vehicle use and access allowed under these rules.

(9) It is mandatory to use the DAS RM Vehicle Use and Access Toolkit or a comparable process for situations where an employee may lose or has lost full or partial driving privileges (i.e., suspended licenses, hardship permits, and ignition interlock device exception requests).

(10) An authorized driver must receive state vehicle use and access orientation/training before driving a state owned vehicle. A state agency can require additional vehicle safety training to address their driving and vehicle use risks.

(11) If an agency finds it reasonable and necessary for official state business, the agency may permit an authorized driver to drive temporarily after he or she ceases to meet the agency training, records, or policy standards. Agencies must use the DAS RM Vehicle Use and Access Toolkit or a comparable process to create a plan, impose restrictions, and assess risks associated with the driving activity.

(12) To the extent noted here, state agencies may permit:

(a) Their public safety employees to disregard provisions of these rules to the extent necessary to prevent interference with law enforcement and emergency duties;

(b) Detection dog handlers to use specially equipped vehicles for home-to-work travel as necessary for work involving the dog or for the benefit of the dog; or

(c) Undercover criminal investigators to disregard provisions of these rules as necessary to carry out lawful undercover assignments, protect identities, and ensure personal security.

(13) The Governor, the Director of the Department of Corrections, the Adjutant General of the Military Department, the State Fire Marshall, and the Superintendent of State Police may use specially equipped vehicles for fulltime use.

(14) These rules must have no effect on a driver qualifying for salary, employment benefits, or state reimbursement of mileage, meals, lodging, or expenses for which the driver otherwise qualifies.

Or. Admin. Code § 125-155-0100

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