Transportation Policies

Transcription

1 Transportation Policies A. Introduction... 1 B. Exposure Analysis & Liability... 1 C. Risk Assessment... 3 D. Sample: Policies and Procedures... 4 A. INTRODUCTION The primary concern in the establishment of transportation policies is the safety of student athletes, staff, and personnel. The athletics department is committed to providing the safest and most efficient modes of transportation in support of its official business, athletic, and student life needs within the bounds of NCAA compliance and state and federal laws. To ensure the provision of transportation safety and services for all administrators, coaches, personnel, staff, and student athletes, the athletics department will educate, train, and enforce transportation policies and procedures. Additionally, education about and acknowledgement of these policies and procedures including certification and signature will be required of any administrator, staff member, coach, or personnel prior to the solicitation of transport from the campus. The only circumstance under which a student athlete is permitted to drive a vehicle is in the case of an emergency as specified by policy. The athletics department is committed to providing safe and secure modes of transportation for administrators, coaches, personnel, staff and student athletes. To ensure safety and security, guidelines for vehicle inspection, maintenance, and the records of such actions are outlined and addressed. Additionally, insurance provision by the athletics department for all travel and modes of transportation is outlined. Furthermore, the procedures for procurement of non affiliated transportation contractors by athletics department administrators, coaches, staff, and personnel are discussed. Failure to adhere to any of these policies and procedures may result in the suspension, termination, or removal of driving privileges and appropriate disciplinary action. B. EXPOSURE ANALYSIS & LIABILITY Vehicles o Availability & Descriptions o Procurement Procedure o Proper transportation certification(s) o Maintenance o Condition Driver Requirements & Expectations o Policy o Documentation required for vehicle, driver(s), & coaches o General Driving Requirements o Specific State or Local Requirements o Driver Training o Mandatory rest stops o Maximum driving time per driver o Emergency Considerations & Procedure o Violations Resulting in the loss of Driving Privileges 1

2 Release of participants to return from event by different means o Policy o Procedure o Release forms Guidelines for the use of non affiliated vehicles o Policy o Contractors & Charter Vehicles o Rental Vehicles o Contracts and Risk Transfers Vehicular Inspection, Maintenance, & Documentation o Commitment to Regular Inspection & Maintenance o Records & Documentation Aircraft o Policy o Commercial Airlines o Use of Aviation Consultant or Travel Agent o General Requirements for Aircraft o Specific Requirements for Aircraft Vehicular, Aircraft, & Travel Insurance Unless restricted in some manner by tort immunity, lawsuits arising from motor vehicle accidents and related incidents (such as assaults) create a serious liability exposure for institutions. Institutions can be vicariously liable for the negligence of drivers operating owned or leased vehicles with permission. Most motor vehicle accidents are a result of driver error. Therefore, driver selection, training and monitoring is essential. Commercial driver s license (CDL) requirements must be adhered to. If applicable, special attention is required when 15 passenger vehicles are being used. Many institutions no longer use 15 passenger vehicles. When transportation contractors are used, a contract detailing the terms of the agreement is in order. The contract should include favorable indemnification language and insurance requirements, including automobile and general liability as well as workers compensation. Excess liability coverage should be considered. The institution and its board should be additional insureds. Assaults (including sexual assaults) can occur on buses. Institutions should use monitors when indicated. Coaches should ride with athletes as well. Educational institutions should consider using chaperones on buses for long day trips or overnight travel. 2

3 C. RISK MANAGEMENT ASSESSMENT Administer the following questionnaire to the administrator currently responsible for transportation. Every question should be answered with a YES. Be sure to address and remedy those items with NO responses. With regard to the administration and management of all aspects of transportation in the athletics department: The athletics department has a required travel request form that includes all the important data about driver(s), passengers, trip itinerary, etc. that must be submitted for approval before any request for use of departmental vehicles will be authorized. The athletics department has a comprehensive transportation plan and a commitment to educate, train and enforce the policies and procedures with all athletics department administrators, coaches, staff and student athletes. The athletics department has written, specific, and differing requirements for drivers of automobiles/minivans, 12 and 15 passenger vans, and buses. The athletics department has written policies about mandatory rest stops and drive time. The athletics department has a policy that will allow student athletes to return from an event by different means with a parent/legal guardian only if the proper documentation and authorization has been processed by administrators. The athletics department has guidelines about the use of vehicles not owned by the department or institution including rental cars and charter buses. 7. The athletics department has a policy about regular maintenance of department owned vehicles that includes maintenance documentation being in the vehicle and/or the Travel Coordinator s office The athletics department has a comprehensive policy regarding the use of non commercial aircraft, charter aircraft, and time share aircraft that includes pilot requirements, maintenance requirements, operational requirements and documentation requirements. The athletics department has a policy in place requiring proof of insurance coverage by authorized drivers of vehicles and requiring liability insurance coverage for air carriers. 10. The athletics department has supplemental insurance coverage that provides up to $1,000,000 per person for travel connected to competition and practice. 3

4 D. SAMPLE POLICY & PROCEDURES The following policy and procedure is a sample. Do not use verbatim. Follow instructions to insert information applicable to your institution and then submit to your legal counsel for review to be sure all elements conform to institutional policy and applicable local, state and federal laws. 1.0 Vehicle Availability & Descriptions Transportation Policies and Procedures 1.1 General. The athletics department maintains a number of automobiles and vans available for use by administrators, coaches, staff, and personnel, for official business, athletic, and student life needs that are within the rules of NCAA and state and federal laws. Requests for use of vehicles shall be submitted to the Travel Coordinator with itinerary and passenger lists and subsequently evaluated and allocated based on need. The mode of transportation used for student athlete and staff travel is selected by considering safety, the impact on academics/number of travel days, expense, availability, distance, and budget. In the event that a departmental vehicle is not available, the Travel Coordinator will obtain a vehicle from an outside contractor (see Section 4.0) 1.2 Availability and Capacity of Vehicles # cars, types, capacity # vans, types, capacity # buses, types, capacity 1.3 Procurement Procedure for Athletics Department Vehicles Travel Request Form. Administrators, coaches, staff, and personnel will be required to submit on a Travel Request Form the following information with regard to the acquisition of vehicles in a reasonable amount of time prior to travel: Official Passenger List & Purpose for Travel Authorized Drivers Team Members Coaches, Staff, Personnel Comprehensive Itinerary including: o Departure date & time o Return date & time o Mode of desired transportation and/or contractor/charter, rental o Lodging (name, address, telephone number(s)) o Contact Information of driver(s), administrator(s), coaches, staff, and personnel Approval. The Travel Coordinator will respond to requests in a reasonable amount of time after submission of vehicle request with approval and/or necessary amendments. 4

5 1.3.3 NCAA Rules Obligation (if applicable). NCAA departure/return expense restrictions require an eligible student athlete to depart for the competition no earlier than 48 hours prior to the start of the actual competition and remain no more than 36 hours following the conclusion of the actual competition even if the student athlete does not return with the team. Itineraries shall reflect this requirement. 2.0 Driver Requirements and Responsibilities 2.1 General. To ensure the provision of transportation safety and services for all administrators, coaches, personnel, staff, and student athletes, the athletics department will educate, train, and enforce transportation policies and procedures. Additionally, education and acknowledgement of these policies and procedures including certification and signature will be required of any administrator, staff member, coach, or personnel prior to the solicitation of transportation from the institution. A student athlete is not permitted to drive a vehicle except in the case of an emergency as specified in Section below. Failure to adhere to any of these policies and procedures may result in the suspension, termination, or loss of driving privileges and appropriate disciplinary action. 2.2 Documentation Required from Driver and Coach Drivers. Any driver of a vehicle used for athletics program purposes must show proof of: Valid Driver s License Valid Driver s Proof of Insurance Precision Driving Certification or Commercial License Annual Medical Exam Results must be on file in Travel Coordinator s office. Vehicle registration and proof of insurance will be distributed with vehicle keys and must be carried in the vehicle during the trip. 2.3 General Requirements Student athletes may NOT drive other student athletes as a part of team travel (emergency exception in 2.6.3) Driver s MUST be authorized by athletics department and insurable Drivers may NOT consume alcohol less than 8 hours prior to operating a motor vehicle Coaches MUST address their team as to acceptable modes of behavior and conduct for the safety of travel All traffic violations will be the sole responsibility of the driver. The athletics department will NOT reimburse driver for fines, tickets, etc Vehicles will ONLY be used for official travel and business Seat belts must be worn AT ALL TIMES Cell phones may NOT be used by the driver while the vehicle is moving unless paired with a Bluetooth headset Drivers may NOT exceed the number of passengers permitted in vehicles. This number is determined by the amount of available seat belts and seats. 5

6 2.4 Specific Requirements Automobiles/Minivans Drivers are required to obtain a certification in Precision Driving from the Department of Motor Vehicles or other government approved facility. Drivers must be at least 21 years of age, have a valid and approved driver s license and be rested. A qualified, paid driver, not a member of the travel party, must be used if traveling farther than 400 miles one way, or if the trip is expected to extend later than 2:00 a.m., or overnight and 15 Passenger Vans Drivers are required to obtain a certification in Precision Driving from an approved facility in the type of vehicle they will be driving. Drivers must be at least 21 years of age, have a valid and approved driver s license and be rested. For safety reasons, drivers must have a Class C(P) Commercial Driver s License whether or not required by law. Drivers must submit to a health check as required by the license or, upon hiring, must pass a medical exam and pass an annual exam thereafter. A qualified, paid driver, not a member of the travel party, must be used if traveling farther than 400 miles one way or if the trip is expected to extend later than 2:00 a.m., or overnight. Only vans with a 155 inch wheelbase equipped with E rated radial tires, or equivalent, properly inflated will be allowed to transport teams greater than 100 miles from a point of departure. In cases when it is necessary to lease vans from a commercial vendor or when vans are provided as a courtesy, team travel is authorized even if the van does not meet the 155 inch/ E criteria, but travel will be limited to 100 miles one way. Twelve passenger vans shall be loaded with no more than eight passengers, with or without, equipment. Fifteen passenger vans shall be loaded with no more than ten passengers, with or without, equipment Buses When more than 20 passengers are part of the land travel party, a bus or mini bus shall be used. Buses may be used to transport to away venues, transport to hotels from airports, and transport from hotels to playing venues. Approved buses for team transport are motor coach common carriers or institution leased, owned or operated over the road bus transports. Drivers of buses must have a valid and approved Class B(P) Commercial Driver s License. Drivers must submit to a health check as required by the license or, upon hiring, must pass a medical exam and pass an annual exam thereafter. The athletics department shall continue to request on a semi annual basis, written proof of compliance with required driver authorization for the operation of buses. Contracts with bus companies must contain an assurance that required driver authorization is current. 6

7 2.5 Mandatory Rest Stops & Drive Time Drivers must take a break or exchange drivers every 2 to 3 hours during a trip regardless of the distance covered as recommended by the U.S. National Transportation Safety Department. o Exception exists for paid commercial drivers and the law requirements that apply. If the total time for the estimated trip (one way) is to exceed 8 hours, a qualified, paid driver, not a member of the travel party, must be utilized. If arrival time at a destination is estimated to occur later than the hour of 2:00 a.m., a qualified, paid driver, not a member of the travel party, must be utilized. 2.6 Emergency Considerations & Procedures Cellular Phones. All authorized drivers, administrators, coaches, staff, and personnel will be required to have a cellular phone on their person at all times when traveling as provided by the athletics department Highway Emergency. If a mechanical breakdown happens in route to, or from an event, it is suggested that 911 be called. Emergency information will be provided above the visor on the driver s side. As soon as possible, report the breakdown to the appropriate administrator Accidents. If an accident occurs, drivers must immediately: Check the safety and well being of passengers. Call 911. Follow emergency medical procedures if necessary. If the extenuating circumstances exist where life and limb are at stake, and no authorized driver has the capacity to operate the vehicle, a student athlete may drive under these extreme circumstances. It is the responsibility of the driver to insure that all pertinent information is recorded. This includes names, addresses, phone numbers, insurance carrier, and a police report. Any information regarding an accident should be reported immediately to the athletics department through the appropriate administrator. 2.7 Violations resulting in the loss of Driving Privileges. The following offenses will result in suspension, termination or loss of athletics department driving privileges, as well as appropriate disciplinary action: Failure to obey athletics department s Transportation Policy. Failure to obey the trip/vehicle use guidelines and/or the failure to obey the instructions of an administrator, coach, or staff member with direct oversight of the trip or vehicle use. Failure to obey federal, state, or local traffic laws and regulations. Operating a motor vehicle without the immediate possession of a valid driver s license. Operating an athletics department owned, rented, or leased vehicle outside the scope of the destination and school related activity. Operating an athletics department owned, rented, or leased vehicle without proper seatbelt usage. 7

8 Operating an athletics department owned, rented, or leased vehicle with passenger total exceeding the vehicle manufacturer s installed seating area. Operating an athletics department owned, rented, or leased vehicle in a reckless or unsafe manner. Operating or parking an athletics department owned, rented, or leased vehicle upon surfaces not designed or intended for vehicle travel may be considered reckless or unsafe. These surfaces include but are not limited to: o restricted access areas o sidewalks o grass o playing fields/venues. Operating an athletics department owned, rented, or leased vehicle while under the influence of alcohol or drugs. Driving which results in the intentional destruction of property. Failure to promptly report an accident involving an athletics department owned, rented, or leased vehicle to supervisor or other appropriate departmental authority. Failure to promptly report any motor vehicle violation/citation received while utilizing an athletics department owned, rented, or leased vehicle to supervisor or other appropriate departmental authority. Failure to report the receipt of any major violations, or the suspension, or revocation of personal driver s license. Receipt of two or more violations* within the past 12 months. Receipt of three or more violations* within the past 36 months. Receipt of any major violation**. * Violations include but are not limited to: speeding, driving without license, at fault crash/collision etc. ** Major violations include but are not limited to: DUI (Driving Under the Influence), Speed in Excess, Hit & Run, Vehicular Man Slaughter/Homicide, and Reckless Driving. The athletics department reserves the right to deny vehicle usage for any other offenses not mentioned within the Transportation Policy. 3.0 Release of Participants to Return from an Event by Different Means 3.1 General. The athletics department does not allow student athletes to return from an event by different means with a parent/legal guardian unless the proper documentation and authorization has been processed in advance by administrators. It is advisable that arrangements of this nature be documented and authorized at least 24 hours prior to travel. However, under unique circumstances this decision is at the discretion of the responsible party (head coach or supervising administrator). The athletics department, its administrators, coaches, staff, and personnel are not responsible or liable for student athletes departing from an event by different means. 8

9 3.2 Procedure. Participants who wish to return from an event by different means must complete an authorization form. This form must be submitted for approval to appropriate administrator or head coach at least 24 hours prior to the start date of travel. For multiple requests, an approval form must be filled out for each trip. No blanket approvals will be made. 4.0 Guidelines for the Use of Non Affiliated Vehicles 4.1 General. If all athletics department owned vehicles have been allocated for use by other parties, or if no owned vehicle allows for the reasonable and efficient accommodation for safe transport, or if air transport is necessary, commercial, charter, time share, or rental vehicles and aircraft will be authorized for use. This expense will be approved only after a proposal from responsible parties and the travel coordinator is submitted to the administration. It is the financial responsibility of the travel coordinator to select the most cost effective and efficient means of safe travel where non affiliated vehicles and aircraft are concerned. Proposals by coaches and the travel coordinator will be evaluated by the aforementioned standards. 4.2 Contractors & Charter Vehicles Paid Driver. A qualified, paid driver, not a member of the travel party, must be used if traveling farther than 400 miles one way or if the trip is expected to extend later than 2:00 a.m. or overnight Buses (See Section 2.4.3) 4.3 Rental Vehicles. Rental vehicles may be used in the event that all athletics department owned vehicles have been allocated for use by other parties or no owned vehicle allows for the reasonable and efficient accommodation for safe transport. This expense will be incurred only after a proposal from responsible parties and travel coordinator is submitted to administration. It is the financial responsibility of travel coordinator to select the most cost effective and efficient means of safe travel where all rental vehicles are concerned. Rental vehicles will be subject to all applicable authorized Driver Requirements as discussed in Section Athletic Department Vehicle Documentation 5.1 Documentation. All vehicles utilized for athletics program travel shall be required to carry a valid registration certificate, proof of insurance documentation and the vehicle s maintenance record. All records of inspections and maintenance performed will be in a vehicle file in the Travel Coordinator s office and a copy shall be present in the vehicle. 5.2 Regular Inspection & Maintenance. All vehicles owned and operated by the athletics department will undergo regularly scheduled inspection and maintenance as suggested by manufacturer s specifications. All inspections and maintenance will be performed by a manufacturer certified automotive technician at an institutional garage or automotive dealership in a consistent manner. 9

10 6.0 Air Transportation 6.1 General. Air transportation may be used in the event that no athletics department owned vehicle allows for the reasonable and efficient accommodation for safe transport. This expense will be approved only after a proposal from responsible parties and travel coordinator is submitted to administration. 6.2 Commercial Airlines. Commercial airlines are an acceptable means of travel for athletic teams. It is the financial responsibility of the travel coordinator to select the most cost effective and efficient means of safe travel. 6.3 Use of Aviation Consultant (optional dependent on size of institution/school district). All air travel, except the use of commercial air carriers, shall be subject to the review of the institution s aviation consultant Competitive Bidding. The athletics department will, through competitive proposals, inkind services, or a donation of professional services, retain an aviation consultant under written contract. Such an individual or firm must have expertise in operations, safety and certification for the purpose of evaluating the certifications and safety records, of charter air carriers, time share and other aircraft and will assure pilot certifications are in keeping with this policy. The aviation consultant will evaluate and assure insurance coverage consistent with this policy Verification of Policy Compliance. Prior to flying, the institutional aviation consultant must assure, through written or documented oral (minimum of date, time, person s name) verification, that charter companies, time share companies, other aircraft and all pilots flying other aircraft meet the requirements of this policy. Oral verification is acceptable only when written verification is not reasonably obtainable. The aviation consultant shall maintain a qualified list of time share and other aircraft for possible use. The institutional aviation consultant shall have final approving authority for approving a firm/aircraft for purposes of this policy. 6.4 General Requirements for Aircraft Pilots. Two pilots shall be required for all athletics department travel involving student athletes. Pilots for small aircraft (maximum gross weight of 12,500 lbs or less), whether charter, time share or other shall have, as a minimum: Captain Airline Transport Pilot (ATP) rating with current first class medical. Type of rating in aircraft to be used for team travel. Training in the aircraft type to be used at Flight Safety International, Simuflite Training International, or equivalent aircraft manufacturer s training within the past 12 months. Be employed as a full time pilot hours total flying time. 200 hours total flying time in the aircraft type to be used. 10

11 20 hours flying time in the past 90 days in the aircraft type to be used. Three instrument approaches and three night landings in the previous 90 days. Copilot Commercial Pilot Certificate with current second class medical with multi engine and instrument ratings. Training in the aircraft type to be used at Flight Safety International, Simuflite Training International, or equivalent aircraft manufacturer s training within the past 12 months hours total flying time. 100 hours total flying time in the aircraft type to be used. 10 hours flying time in the past 90 days in the aircraft type to be used. Three instrument approaches and three night landings in the previous 90 days Maintenance Inspection and maintenance must be performed by an appropriately rated FAA certified repair station, the manufacturer or a manufacturer authorized service center (no Aircraft and Powerplant Mechanic signoffs). Maintenance personnel (or at least the person signing the log books) must be appropriately rated and be trained to maintain the aircraft type to be used by either Flight Safety International or Simuflite Training International within the previous five years. Charter aircraft used according to this policy must be maintained under the appropriate FAA operations specifications Operation On all light turboprop and light jet aircraft, weight and balance computations using average passenger weights are prohibited. A weight and balance form must be completed for each flight using actual weight figures for passengers (no quick weight and balance using normal passenger weights). No over weight or out of center of gravity operation shall be allowed. No aircraft may depart into forecast hazardous weather conditions, such as severe icing, thunderstorms or severe turbulence or wind shear. No circling instrument approaches shall be authorized with ceilings less than 1,000 feet and at least three miles visibility. All flights shall be conducted on an instrument flight plan. No passengers may enter the cockpit or distract pilots when the aircraft is below 10,000 feet on takeoff or landing operations. Aircraft should be kept in corresponding hangars whenever possible during inclement weather. No aircraft used for team transportation may be piloted by a team member. All flight operations must be conducted in accordance with all relevant FAA regulations or insurance requirements, whichever is stricter. 11

12 6.5 Specific Requirements for Aircraft Charter Aircraft All charter services procured shall be subject to the involvement of the athletics department and proper approval. Every charter company used must have and demonstrate evidence of a current air carrier certificate under FAA Part 135 or 121. The athletics department s aviation consultant shall assure the Director of Intercollegiate Athletics or his/her designee that written or documented oral (minimum of date, time, person s name) verification has been received for all charter flights from the FAA Flight Standards District Office (FSDO) that an Air Carrier Operating Certificate has been filed and is being maintained in good standing. Oral verification is acceptable only when written verification is not reasonably obtainable Time Share Aircraft The use of Time Share Aircraft is authorized if the budget of an individual sport has sufficient funds to pay any applicable and operational costs and if any of the conditions below apply Time is available to the athletics department in the time share pool, either owned by the institution, corporate or an individual ownership. Such use will facilitate travel and keep student athletes from missing excessive class time. It will facilitate the recruiting image or funding efforts of the department. Commercial or charter services cannot otherwise accommodate the necessary schedule Other Aircraft. Other aircraft are an acceptable means of travel for coaches and professional athletic department staff, based on personal election. Student athletes and teams shall not be permitted to travel on such other aircraft, except that in special circumstances if three or fewer athletes are needed for official business of the department, such student athletes may accompany a coach on other aircraft if written parental/guardian consent has been received for any athlete less than 21 years of age and provided all requirements in Section 6.4 and the specific requirements below have been met. Coaches, professional athletic department staff or student athletes may decline to travel on such other aircraft, in which case accommodating transportation (within the framework of this policy) will be provided Description The aircraft is powered by two or more turbine engines. The aircraft is certified for flight into known icing conditions. The aircraft otherwise meets all FAA and insurance requirements of athletics department s travel policy (whichever is most strict). The institutional aviation consultant must approve in writing the use of aircraft prior to travel. 12

13 7.0 Vehicular, Aircraft, & Travel Insurance Documentation. Before any aircraft is approved for use, the owner/operator shall provide and the institutional aviation consultant shall evaluate and approve in writing the compliance of the following: Proof of insurance with required minimums. Documentation showing the maintenance plan under which the aircraft operates complies with the requirements of this policy. Pilot experience and training documents showing qualifications meeting or exceeding the requirements of this policy. Documents showing the aircraft payload capabilities for use in trip planning. 7.1 Vehicle. Authorized Drivers are required to use personal insurance, insurance from independent contractor, or insurance issued from an associated charter service and show proof of policy when transporting athletics department administrators, coaches, staff, and studentathletes. A copy of this policy will be kept on file for the duration of travel. 7.2 Aircraft. Aircraft owners/operators shall furnish proof of insurance in advance. Liability insurance should be at least $25 million for light turboprop aircraft, $50 million for light jet aircraft, and a minimum of $3 million per seat for commercial airlines. Given the volatility in the insurance market, it may not always be possible to achieve these minimum coverages in the marketplace. If it becomes necessary to establish limits in keeping with current industry standards, it shall be the responsibility of the athletics department s aviation consultant to recommend acceptable limits. 7.3 Travel. The athletics department will maintain in effect supplemental insurance that will provide an amount up to $1 million, but not less than $250,000, for travel connected to athletic competition and practice. Coverage per person will be in addition to any other coverage for administrators, coaches, student athletes, and staff. 13