Or. Admin. Code § 125-155-0510 - Other Vehicle Uses

(1) Authorized drivers of state vehicles and private vehicles solely on official state business must comply with the following:

(a) Drivers transporting explosive, flammable, radioactive, or other hazardous material must be aware of and comply with all applicable laws. Passengers must be informed of the presence of these materials in the vehicle as required by law and give their informed consent prior to riding in the vehicle.

(b) Drivers must require that passengers wear appropriate safety restraints at all times. Drivers must require that children ride in legally required car seats. Animals must be in secured carriers. Agencies may approve any lawful exceptions.

(c) Drivers or their passengers are not allowed to consume tobacco, marijuana, alcohol, or any other illegal or intoxicating substance before or while operating or riding in a vehicle on official state business.

(d) Drivers or passengers are not allowed to smoke, aerosolize, vape, or use an inhalant delivery system inside state vehicles.

(e) Alcohol or marijuana shall not be transported in state vehicles unless required by an agency for official state business and then only as permitted by law.

(f) Drivers must not transport illegal drugs or contraband of any kind in vehicles except as necessary to conduct their assigned duties of official state business.

(g) Drivers must not transport firearms in vehicles unless required to do so by their agency under its authorization by state law. An agency may permit the transport of unloaded, packaged firearms as necessary for official state business.

(h) Employees may exercise rights under the Oregon Concealed Carry Statute only if the agency's enabling statute allows employees to be armed.

(i) Specialty and off-road vehicles must not be used for official state business except to the extent an agency determines that necessary official state business cannot reasonably be accomplished without the use of the particular private vehicle. This includes use for travel to and from duty stations, day use, and overnight use.

(2) State vehicles must be stored at sites owned, leased, or controlled by the state except during use of state vehicles under OAR 125-155-0500. When practical, a state vehicle parked at a home, hotel, or motel must be located off public streets in a reasonably secure setting.

(3) Before allowing long-term parking assignment, including home parking of a state vehicle, an agency must do a cost benefit analysis. (See Vehicle Use and Access Toolkit.)

(4) Prior agency approval is required for home parking of a state vehicle. An agency may allow home parking of a state vehicle when one of the following conditions is met:

(a) When the schedule for the work-related task or trip makes same day pick up or drop off at state facilities impractical or when pick up or drop off at another time is more economical.

(b) Assigned, normal duties require the driver to travel frequently to urgent, unscheduled fieldwork after hours. The mere possibility of being called out is not sufficient. Call outs must actually occur with justifiable frequency.

(c) The driver's home is his or her official duty station from which he or she engages in virtually fulltime fieldwork away from the office or DAS Fleet's motor pool.

(d) It will clearly reduce state paid time to permit a driver to park a state vehicle at home while on temporary assignment away from the duty station.

(e) Other circumstances caused by state business in which home parking will clearly reduce the direct costs of the agency.

(5) Reasonable emergency aid may be rendered under the following conditions and provisions:

(a) An agency may prohibit, in writing, this emergency aid rule for any or all of its drivers. Employees must not give emergency aid under these rules if their agency has instructed their drivers not to render emergency aid.

(b) Those giving emergency aid must only be state employees on duty and solely on official state business.

(c) In giving emergency aid as provided in these rules, state employees may be deemed to be acting within the course and scope of their duties of state employment for purposes of all state insurance and self-insurance coverages.

(d) The assisting employee may not be held personally liable by the state for any unintended damage to state property if it is used for the kind of task for which it was reasonably designed. For example, pushing or pulling another car requires a state vehicle designed and specially equipped to do that task.

(e) Reasonable emergency aid includes using state fire extinguishers, first aid kits, blankets, or cellular phones and radios to call for aid.

(f) If necessary, a state vehicle may be used to transport someone to the nearest telephone, shelter, repair service, or emergency medical provider when such appropriate medical services are not available. A state vehicle must not be used for unnecessary transport when appropriate professional emergency services are available. Traffic laws must be obeyed.

(g) Rendering aid must be voluntary in every case. Employees are not urged or expected to render aid. An employee should do only what he or she is willing and trained or experienced to do.

(h) Anyone who renders aid other than in compliance with these rules does so as a private person, entirely at their own risk and cost, and not as official state business or duties.

Notes

Or. Admin. Code § 125-155-0510

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