Ariz. Admin. Code § R2-10-107 - Liability Coverage and Limitations
A. The following
coverage and limitations apply in this Chapter:
1. The Department provides liability coverage
within the limitations of A.R.S. §
41-621 for a state officer or employee
while driving a state-owned or other vehicle in the course and scope of
employment.
a. Coverage shall be on a primary
basis for a state-owned, leased, or rented vehicle and on an excess basis for
any other vehicle.
b. The state
shall not provide coverage for damage or loss of a personal vehicle.
2. a state officer or employee
operates a state-owned vehicle within the course and scope of employment if
driving:
a. On authorized state
business,
b. To and from
work,
c. To and from lunch on a
working day,
d. To and from meals
while on out-of-town travel.
3. a state officer or employee does not
operate a personal vehicle within the course and scope of employment when
driving:
a. To and from work,
b. To and from lunch in the area of
employment and not on authorized state business,
c. On other than state-authorized
business.
B. A
volunteer acting at the direction of a state official, within the course and
scope of state-authorized activities, is covered under A.R.S. §
41-621.
C. A claim alleging a civil
rights violation is covered through RM, unless otherwise excluded, except there
is no coverage for payment of that portion of a settlement or judgment for
position status adjustments.
D. The
state shall cover a state officer, employee, or other person self-insured
pursuant to A.R.S. §
41-621, for liability on an excess basis while using
such insured's personal aircraft within the course and scope of employment with
the state subject to the following conditions:
1. a state officer, employee, or other person
self-insured pursuant to A.R.S. §
41-621 shall carry a minimum of
$1,000,000 in aircraft liability coverage.
2. Any state officer, employee pilot, or
other pilot self-insured pursuant to A.R.S. §
41-621, must obtain approval
prior to flying on state business. To obtain this approval, such insured pilot
shall complete an RM pilot application form that requests the pilot's name,
airman's certificate number, driver's license number, aircraft description,
rating, and flying hours, and submit it to RM for review with a certificate of
insurance evidencing the required limits of coverage on a personal aircraft. To
maintain RM approval, such insured pilot shall submit an updated pilot
application form and certificate of insurance annually.
3. RM shall send a letter to the pilot
self-insured pursuant to A.R.S. §
41-621 approving or rejecting an
application to fly a personal aircraft on state business. The approval letter
shall be presented to the appropriate department head and a copy sent to the
agency's loss prevention coordinator.
4. Every pilot self-insured pursuant to
A.R.S. §
41-621 shall maintain a current FAA pilot
certification.
5. Every pilot
self-insured pursuant to A.R.S. §
41-621 shall meet the pilot warranties
in the aircraft insurance policy owned by the state.
6. Every pilot self-insured pursuant to
A.R.S. §
41-621 shall hold all licenses, certificates, endorsements, and
other qualifications, including proficiency checks and recent experience,
required by the FAA or other federal, state, or local statutes and rules to act
as pilot-in-command or as a required crew member for the aircraft being flown.
The pilot-incommand shall meet current requirements for carrying
passengers.
7. Course and scope of
employment with the state does not include:
a.
Personal use of an aircraft;
b. An
aircraft for hire, reward or commercial use;
c. Agricultural operations;
d. Carrying external loads;
e. Performing aerial acrobatics.
8. No pilot self-insured pursuant
to A.R.S. §
41-621 shall carry more passengers on an aircraft than the
number defined in the aircraft insurance policy purchased by RM.
9. The Department shall not cover damage or
loss of the agent, officer, or employee-owned aircraft.
10. The requirements in this Section apply to
a non-state employee pilot flying on behalf of an agent, officer, or employee
on authorized state business.
11.
All aircraft used for state business shall comply with all statutes and rules
of the FAA and other federal, state, and local jurisdictions for
flight.
Notes
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No prior version found.