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SUBJECT: 500s: Student Affairs EFFECTIVE: April 8, 2010
Section: 512 Student Drivers and Use of State Vehicles by Student Groups

  1. NDCC section 39-01-03 prohibits private use of state vehicles. State vehicles may be used by employees or others acting on behalf of the state, including student employees and students who are acting on behalf of the state as a volunteer or in an unpaid status in performing duties assigned by competent authority. As a general rule, all passengers in the vehicle must also be acting on behalf of the state. Liability coverage for accidents involving state vehicles is provided by NDCC chapter 32-12.2. Chapter 32-12.2 provides coverage for state employees and persons acting on behalf of the state, with or without compensation, who are using a vehicle for state business and who are operating that vehicle within the scope of their employment.

  2. To the extent permitted by state law, student drivers, acting as employees of an institution or otherwise acting on behalf of the institution, may be allowed to operate state vehicles for approved purposes. Each institution shall adopt a policy and procedures governing operation of state vehicles by students. Institution policy shall include guidelines governing operation of state vehicles by students and procedures to document a student driver is performing duties assigned by competent authority. Institution guidelines and procedures shall require:

    1. Proof of a valid and current driver's license for the student driver, issued by a state of the United States; a state of Mexico; or a province of Canada. If the student driver has a license issued by a foreign country other than Mexico or Canada, the proposed driver must provide a valid and current driver's license from that individual's country of residency and a valid and current International Driver's Permit. The student driver must be at least 18 years of age.

    2. Requests for students to operate state vehicles for an event or activity affiliated with a course or program to be submitted on an approved form to the designated office or officer at the institution by the instructor or staff member responsible for the course, program, event or activity. If the event or activity is not affiliated with a course or program, such as membership in or appointment to student government, NDSA, and NDUS councils and committees, then the student shall submit a request on an approved form to the designated office or officer at the institution.

    3. All requests for student operation of state vehicles must comply with provisions of the North Dakota State Fleet Services Policy Manual, issued by the North Dakota Department of Transportation.

    4. The request to permit a student to operate a state vehicle must show that the student driver is providing a service to the institution by operating a vehicle.


  3. NDCC chapter 32-12.2 does not provide vehicle liability coverage for students enrolled in instructional programs that involve the education or training of students in the operations of equipment or vehicles. Institutions that offer instruction in programs requiring operation of state vehicles by students must purchase vehicle liability coverage for this purpose. Institutions shall establish guidelines for eligibility of a student to operate state vehicles in connection with that student's training in a specified course or program of instruction.

  4. Use of state vehicles by or on behalf of student associations, clubs, groups or organizations ("student groups") may be allowed for approved purposes. Institution policies and procedures governing operation of state vehicles shall include guidelines governing operation of state vehicles by or on behalf of student groups. The guidelines shall require:

    1. Identification of the proposed driver or drivers, and proof of a valid and current driver's license for each proposed driver of a vehicle, issued by a state of the United States; a state of Mexico; or a province of Canada. If the proposed driver has a license issued by a foreign country other than Mexico or Canada, the proposed driver must provide a valid and current driver's license from that individual's country of residency and a valid and current International Driver's Permit. Each driver must be properly licensed and have the required training to operate the particular class of vehicle proposed to be used by the student group (for example, Class C license necessary to operate vans which can carry 15 or more passengers). A driver must be at least 18 years of age.

    2. Requests for use of state vehicles by or on behalf of a student group for an event or activity affiliated with a course or program to be submitted on an approved form to the designated office or officer at the institution by the instructor or staff member responsible for the course or program.

    3. Requests by or on behalf of a student group to use a state vehicle must show that the student group is acting on behalf of the institution by its members' attendance at or participation in a proposed event or activity. Use of state vehicles by members of student groups for private or personal purposes is prohibited.


REFERENCES: N.D.C.C. chapter 32-12.2; N.D.C.C. section 39-01-03

History:
New Policy. SBHE Minutes, April 8, 2010.
Bismarck State CollegeDakota College at BottineauDickinson State UniversityLake Region State CollegeMayville State UniversityMinot State UniversityNorth Dakota State College of ScienceNorth Dakota State UniversityUniversity of North DakotaValley City State UniversityWilliston State College
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