R556, Transportation in Campus Vehicles

R556-1. Purpose: To provide standards to guide the institutions in the use of campus vehicles and authorized common and contract carriers (e.g. bus, van, limousine, and taxi services.)

R556-2. References

2.1. Utah Code 53B-2-106(1) (President Exercises Necessary and Proper Powers Not Specifically Denied by Law)

2.2. Utah Code Title 72, Chapter 9 (Motor Carrier Safety Act)

2.3. Policy and Procedures R555, Providing Facilities, Goods and Services in Competition with the Private Sector

R556-3. Definition

3.1. “Authorized Carrier”: a common or contract carrier regulated by the Department of Transportation or Interstate Commerce Commission or successor agencies.

R556-4. Policy

4.1. Transportation of For-Hire Groups Not Affiliated with the Institution Prohibited: An institution will not transport for-hire groups or individuals not affiliated with it. It will not offer programs, courses, conferences, seminars, workshops, institutes, or athletic programs for credit or non-credit, where the primary reason for the offering is to attempt to make legitimate the use of campus authorized carriers.

4.2. Transportation of Affiliated Groups where Costs are Included in Tuition and Fees for Specific Programs: When registered, enrolled, or affiliated students at an institution, including those enrolled in continuing education, are transported in campus vehicles, no charge will be imposed upon said students for that transportation service. If transportation costs are incurred, they will be deemed to have been incorporated and paid as part of that student’s tuition and fees, which includes all materials, instruction, services and facilities, when those tuition and fees are assessed and collected at the time the student enrolls in the specific course. The “tuition and fees” shall relate to a specific program of instruction which is normally offered, and a description of the course and amount of the tuition and fees to be assessed shall be published in the institution’s catalog or regular class listings.

4.3. Not-for-Hire Transportation: Campus vehicles can be used in the not-for-hire transportation of students, employees, and guests at any time, e.g., the transportation by the institution of its athletic teams, bands, drama or theater groups. Such transportation of students, employees and guests is exempt from the jurisdiction of the Department of Transportation when no fare is charged to the transported individual.

4.4. Advertisements, Solicitations and News Announcements: Institutions will not advertise, solicit, nor release news announcements to the media which solicit community participation in institutional transportation, but will provide said transportation only to tuition and fee paying students and related instructors and employees, and guests, as provided in paragraph 4.2 above.

4.5. Routine Non-programmatic Transportation of Affiliated Groups in Competition with Authorized Carriers: Institutions shall not provide routine non-programmatic transportation (e.g. to or from an airport, to or from hotels) for students or instructors in campus vehicles where (1) the transportation is for-hire or the specific costs of the transportation are ultimately borne directly or indirectly by the traveler and not the institution; and (2) there is no significant educational benefit or activity occurring during the travel time which would be adversely affected in a substantial way if an authorized carrier rather than a campus vehicle and driver were used; and (3) the institution or travelers can arrange appropriate transportation with an authorized carrier on a timely and cost effective basis.

4.6. Resolution of Grievances: The Board, through the Commissioner or designee, will assist in the informal resolution of grievances as may be requested by an institution, an authorized carrier, or the Department of Transportation. The Board recognizes that, where provided by law, certain decisions relating to for-hire transportation policy may be within the jurisdiction of the Department of Transportation.

4.7. Appropriate Driver’s License Required: Institutions shall require that the driver of any campus vehicle be appropriately licensed to operate that vehicle, and shall adopt procedures to implement this policy.

4.8. Liability Insurance Limitations Considered: The institutions shall consider liability insurance limitations in the development of institutional policy and procedures for the use of campus vehicles.

Adopted March 25, 1988, revised to conform with the Motor Carrier Safety Act, effective July 1, 1996.