PURPOSE
Pursuant to section 9.83
of the Ohio Revised Code, the Office of Risk Management, General Services
Division, Department of Administrative Services, operates the state
motor vehicle liability self-insured program. The purpose of this
directive is to detail the specifics of the program.
Copies of this directive
should be posted and distributed to all employees who may operate
a state vehicle in the scope of their employment.
GENERAL
In consideration of the
premium payment, Administrative Services agrees to pay liability claims
and judgments properly made and rendered against the state, state
officers and state employees that result from the officer's or employee's
operation of any state-owned motor vehicle (automobiles, trucks and
motor vehicles with auxiliary equipment) providing the operation of
the vehicle was in the course of state business, as verified by the
appointing authority. These same provisions apply to the operation
of state-owned watercraft.
Coverage will be denied
if convicted of violating section 124.71 of the Revised Code.
Limit of Coverage
Bodily injury and property
damage is limited to $1,000,000 per occurrence.
Required Endorsements
A. Leased/Rented Vehicles.
Coverage will be provided by special endorsement for commercially
leased vehicles. A request for coverage must include:
1. Year, make and model
of the vehicle;
2. Serial number of the vehicle;
3. Name and address of the lessee; and
4. Dates of coverage being requested.
B. Personal Service Contract
Operators. Coverage will also be provided, by special endorsement,
for persons under contractual obligation to the state who operate
state equipment and/or vehicles within the scope of work described
in their personal services contract. A request for coverage must include:
1. Name and address of
the individual;
2. Date of birth;
3. Social security number;
4. Driver's license number; and
5. Dates of personal service contract duration.
All endorsements are subject
to approval and require an additional premium charge.
No coverage will be provided
unless properly endorsed.
Premium Charge
A charge, premium, which
may be modified periodically, will be charged to each participating
agency to cover claim payments, adjustment expenses and cost of administration.
Termination of Coverage
Failure of an agency to
pay a premium, as billed within 60 days, will result in a written
notice of cancellation of coverage. Cancellation of coverage will
become effective 10 days after mailing.
Verification of Authorized
Use by Appointing Authority
The signature of the appointing
authority, verifying authorized use of a state-owned vehicle, will
be required on all accidents. Forms will be sent automatically to
the appointing authority or to his or her designated representative.
Unauthorized Use of State
Vehicles
State-owned vehicles are
authorized for use in the performance of all essential travel duties
related to the completion of state business. They are not authorized
to be used for personal trips unrelated to the state business for
which they were assigned; nor to attempt tasks which are beyond the
vehicle's capabilities.
When in doubt, the decision
must be based on whether the vehicle's use in this task will serve
the interest of the state, rather than the driver. Caution and discretion
must be used at all times. For a listing of authorized and unauthorized
use of state-owned vehicles, refer to DAS Directive 00-14, Employee's
Use of Employer Provided Vehicles.
Any unauthorized use of
state vehicles will result in immediate disciplinary action from the
operator's agency. Such action may include suspension of all privileges
to operate state vehicles.
Exclusions
A. Liability coverage does
not apply:
1. To any individual who
is operating, using or responsible for his or her own personally owned,
rented or leased vehicle.
2. To bodily injury or
property damage caused intentionally by or at the direction of the
insured, unless the insured uses intentional but reasonable actions
to protect persons or property.
3. To liability assumed
by the insured under any other contract or agreement.
4. To any obligation for
which the insured or the Office of Risk Management may be held liable
under any workers' compensation, unemployment compensation or disability
benefits law, or under any similar law.
5. To any bodily injury
or property damage occasioned by the operation of a motor vehicle
by a volunteer, or a temporary, not classified as an officer or employee
of the state, unless covered by an endorsement.
6. To property damage,
injury or destruction to:
a. property owned by, in
the charge of or being transported by the insured, or
b. property rented to or in the care, custody or control of the insured,
or over which the insured is for any purpose exercising physical control.
7. To bodily injury or
property damage due to acts of God, including but not limited to war,
whether declared by Congress, civil war, insurrection, rebellion or
revolution or any act or condition incidental to any of the foregoing.
This exclusion does not apply to situations arising under the condition
of state emergency and called forth by the Governor of the state of
Ohio to engage specific state-owned vehicular equipment to act upon
that emergency.
8. To all aircraft whether
owned.
9. To any vehicle, including
watercraft, if the Federal Tort Claims Act required the U.S. Attorney
General to defend the operator in any civil action of proceeding that
may be brought due to its use.
10. To any individual who
is operating under license suspension or revocation, unless special
work privileges awarded by a court are provided to the Office of Risk
Management.
11. To any individual who
is driving without a valid driver's license.
12. To any individual whose
coverage has been terminated.
13. To bodily injury suffered
by state employees while occupying state-owned vehicles (either as
driver or passenger). State employees may be able to recover from
workers' compensation, health insurance or other state disability
benefits programs.
B. This program is not
applicable to vehicles operated by the following state entities:
1. Boards of elections.
2. Courts of Common Pleas.
3. State university systems.
4. Courts of Appeals.
5. Agricultural experimental stations of the state.
Termination of Coverage
of Individuals
Upon being convicted of,
or pleading either guilty or no contest, to any of the following violations
while operating a state vehicle, the person so charged is subject
to immediate cancellation of coverage under this program.
1. Operating while under
the influence of alcohol or drugs.
2. Operating while under license suspension or revocation.
3. Failure to stop after an accident.
4. Knowingly fleeing from police.
5. Using motor vehicle in committing a felony.
6. Drag racing.
7. Operating without the consent of the owner.
8. Driving without a valid driver's license (Ohio or state in which
employee is a resident).
The Office of Risk Management
must be notified of court dates, in advance, and the results of those
hearings.
An agency may purchase
coverage for these individuals, if necessary, through a private insurance
carrier.
Requirements for purchasing
such coverage shall include:
1. Purchase of commercial
insurance must be coordinated with the Office of Risk Management.
2. Coverage must have limit of at least $1,000,000.
3. Proof of such coverage shall be forwarded to the Office of Risk
Management.
Reinstatement of Coverage
Coverage for individuals,
whose previous insurance coverage was terminated, may be reinstated
after a period of three years and subject to the following conditions:
1. A review of the individual's
driving record.
2. Having acquired no points under Ohio Motor Vehicle Law 4507.40
while operating any vehicle.
3. Proof of a valid driver's license.
4. Successful completion of the eight hour National Safety Council
Defensive Driving Course.
Reporting of Accidents
All accidents or occurrences
arising from the operation of state vehicles should be reported immediately
to the Office of Risk Management by calling (614) 466-6761. The names,
addresses and telephone numbers of all parties involved, as well as
the date and location of the accident will be required.
The Office of Risk Management
will furnish a state accident claim number. Record this claim number
on all reports and correspondence. Each state agency should designate
a person responsible for accident reporting and as liaison to the
Office of Risk Management.
Forms
Accident kits containing
required forms are to be obtained from the designated accident liaison
representative in your agency. Kits and forms are available to liaison
representatives from:
Auto Liability Section,
Office of Risk Management
General Services Division
Department of Administrative Services
4200 Surface Road
Columbus, Ohio 43228-1395
(614) 466-6761
Fax (614) 752-8754
This directive supersedes
any previously issued directive or policy and will remain effective
until canceled or superseded.
AUTHORITY & REFERENCE
ORC 121.07
ORC 9.83
WHAT TO DO IN CASE OF AN
ACCIDENT
1. Render every possible assistance to any injured person(s).
2. Do not discuss whose
fault the accident was, nor limits of insurance coverage.
3. Do not discuss the details
of the accident with anyone except the investigating law enforcement
officer.
4. Notify the nearest State
Highway Patrol post and request that an investigation be made.
5. Obtain names and addresses
of all witnesses and person(s) involved.
6. Determine and record
the name and address of the other person's insurance company.
7. Notify your supervisor
as quickly as possible.
8. Obtain name, address
and telephone number of the investigating police department if other
than the State Highway Patrol.