N.D. Admin. Code 4-11-01-01
For purposes of this chapter:
1. "Accident" means an unintended event involving a state-owned or state-leased vehicle which produces injury or damage. The word "injury" includes personal injury, death, or property damage.
2. "Board" means the risk management motor vehicle accident review board.
3. "Corrective actions" means corrective actions recommended by the department or board when an accident is classified as preventable. Recommendations may include:
a. Additional training be provided to the operator, such as driver training, defensive driving training, or emergency vehicle operational training;
b. Physical, eye, written, or operational examinations be given to the operator to identify problem areas relevant to the operator if a review of the accident indicates that the cause may have been due to an impairment;
c. Restricted operation of state-owned or state-leased vehicles on state business; and
d. Duty assignment not requiring operation of a vehicle on state business.
4. "Defensive driving concept" means driving that saves lives, time, and money in spite of the conditions and the actions of others.
5. "Department" means the department of transportation.
6. "Nonpreventable accident" means the operator acted reasonably to prevent the occurrence.
7. "Operator" means a state employee driving a state-owned or state-leased vehicle involved in an accident. "State employee" means every present or former officer or employee of the state or any person acting on behalf of the state in an official capacity, temporarily or permanently, with or without compensation. The term does not include an independent contractor.
8. "Personal injury" includes bodily injury, mental injury, sickness, or disease sustained by a person and injury to a person's rights or reputation.
9. "Preventable accident" means the operator did not act reasonably to prevent the occurrence.
10. "Property damage" includes injury to or destruction of tangible or intangible property.
11. "Reportable state fleet vehicle accident" means any accident that results in injury due to the operation of a state-owned or state-leased licensed motor vehicle.
12. "Significant property damage" includes any damage that renders the vehicle inoperable and damage of a nature or extent in which injury to an occupant might reasonably have occurred.
N.D. Admin Code 4-11-01-01
General Authority: NDCC 28-32-02, 32-12.2-14
Law Implemented: NDCC 32-12.2-14