last updated: Thursday, July 1, 2004
In the performance of their duties and responsibilities, many SUNY employees are required, or authorized, to drive State or campus owned vehicles, leased vehicles, or personal vehicles in the conduct of official business. Many Federal, State and campus policies provide guidance for the use of such vehicles for official business. For example, in order to drive certain classes of vehicles a commercial driver's license (CDL) may be required. More information about this requirement and the random drug-testing program for employee's required to have the CDL is available under Orientation-Omnibus Transportation Act in this manual. Also, in accordance with SUNY policy, only employees appointed to the State payroll may be authorized to drive vans that are owned, leased, or under the control of the State operated campus. Under special circumstances, students and volunteers may be authorized to drive other types of vehicles if they meet all of the requirements (e.g. have been officially appointed as volunteers, etc.) as necessary for the conduct of official business.
Additional policies relating to the use of State owned vehicles, leased vehicles, personal vehicles, and vehicles owned by the campus through other funding sources for official business may be found under Orientation-Travel in this manual or is available from campus officials responsible for travel generally, or for assigning or authorizing the use of such vehicles.
It goes without saying that an employee must be in the possession of a valid driver's license any time s/he drives a vehicle -- be it a campus owned vehicle, a leased vehicle, or a personal vehicle assigned for or authorized for use for official campus business. Because of risk management considerations it is extremely important that SUNY campuses use whatever tools are available to ensure that individuals never operate any of these vehicles for official business if not in possession of a valid driver's license at the time.
One tool that campuses can use to reduce risk is the License Event Notification System (LENS) program provided by the New York State Department of Motor Vehicles (DMV). Within the restrictions provided by the Federal Driver's Privacy Protection Act of 1994 (see references at the end of this section), motor vehicle records are public records. Thus, for legitimate purposes, a campus may require that individuals provide authorization for using the LENS program to verify their eligibility to drive a vehicle for official campus business. There are several report options available through the LENS program. After entering a driver roster into the LENS system, campuses may receive daily updates relating to driver's license events (suspension, etc.) for individuals who are identified on that roster.
SUNY policy requires campuses to request authorization for the use of the LENS program from all employees authorized to drive vans and to permit them to drive them only following receipt of LENS verification that they hold valid driver's licenses. Currently (6/2004), it takes about one week to obtain verification but additions to the campuses LENS roster should be planned well in advance of the need for drivers' services.
Campuses may also utilize the LENS program for employees, students or volunteers who request, or are required, to use other vehicles but such participation is currently a campus-based decision. However, as a risk management tool, campuses are encouraged to use the LENS program for all individuals who drive vehicles in the conduct of official campus business. If campuses choose to use the lens program for employees who are routinely required to drive vehicles in the performance of their duties and responsibilities, the completion of the LENS authorization should be included in the appointment processing for such appointees.
The other tool to reduce risk is to make sure that employees assigned or authorized to use vehicles in the performance of official campus business understand the seriousness of driving without a license. If an employee is routinely required to drive a vehicle in the performance of assigned duties loses his/her license s/he may face disciplinary charges if s/he can no longer perform his/her essential duties. If an employee loses his/her license and continues to drive assigned or authorized vehicles for official campus business, s/he places the campus and himself/herself in serious jeopardy and will face serious disciplinary charges if caught.
For more background on the history and implementation procedures for the LENS program see License Event Notification System (LENS) in the references at the end of this section.
Reference(s):
License Event Notification System (LENS)
Driver's Privacy Protection Act of 1994 (Federal: Title 18, Part I, Chapter 123, Sec. 2721)
Driver's Privacy Protectioin Act (FAQ from NYS Department of Motor Vehicles)
SUNY Policies and Procedures Manual (See section 095 - State Passenger Vehicles).
Form(s):
License Event Notification System (LENS) Authorization Form