DAR File No. 31793

Administrative Services, Fleet Operations

R27-7

Safety and Loss Prevention of State Vehicles

NOTICE OF PROPOSED RULE

DAR File No.: 31793
Filed: 08/06/2008, 11:02
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule amendment updates the criteria for determining driver eligibility, revises the role of the Accident Review Committee (ARC) and establishes a Driver Eligibility Board.

Summary of the rule or change:

This rule amendment revises the requirements for driver eligibility, updates the definition and responsibilities of the ARC, and replaces the Driving Privilege Review Board with the Driver Eligibility Board.

State statutory or constitutional authorization for this rule:

Subsection 63A-9-401(1)(d)(iii)

Anticipated cost or savings to:

the state budget:

This amendment updates policy and definitions. There will be no fiscal impact on the state budget.

local governments:

This amendment updates policy and definitions. There will be no fiscal impact on local government.

small businesses and persons other than businesses:

This amendment updates policy and definitions. There will be no fiscal impact on small businesses.

Compliance costs for affected persons:

This amendment updates policy and definitions. There will be no compliance cost for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact on businesses. Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Fleet Operations
Room 4120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Brian Fay at the above address, by phone at 801-538-3502, by FAX at 801-538-1773, or by Internet E-mail at bfay@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2008

This rule may become effective on:

10/31/2008

Authorized by:

Margaret Chambers, Director

R27. Administrative Services, Fleet Operations.

R27-7. Safety and Loss Prevention of State Vehicles.

R27-7-1. Authority.

(1) This rule is established pursuant to Subsection 63A-9-401(1)(d)(iii)[63A-9-401(1)(c)(iii)] which requires the Division of Fleet Operations (DFO) to make rules establishing requirements for fleet safety and loss prevention programs.

 

R27-7-2. Accident Reporting and Liability.

(1) In the event of an accident involving a state vehicle, either the driver of the vehicle or the employing agency shall notify DFO, the Division of Risk Management, and the agency's management, within 24 hours of the occurrence of the accident[, DFO, Risk Management and the agency's management].

 

R27-7-3. Driver Eligibility[Loss of Authority] to Operate a State Vehicle.

(1) The authority to operate a state vehicle is subject to withdrawal, suspension or revocation.

(2) The authority to operate a state vehicle shall be automatically withdrawn, suspended or revoked in the event that an authorized driver's license is not in a valid status.[denied, cancelled, disqualified, suspended or revoked.]

(a) The authority to operate a state vehicle shall, at a minimum, be withdrawn, suspended or revoked for the period of denial, cancellation, disqualification, suspension or revocation of the authorized driver's license.

(b) The authority to operate a state vehicle shall not be reinstated until such time as the individual provides proof that his or her driver license has been reinstated or DFO verifies the license has been reinstated.

[ (c) The employing agency may petition the Driving Privilege Review Board (DPRB) to extend the period for which the authority to operate a state vehicle is withdrawn, suspended or revoked beyond the period for which the authorized driver's license is denied, cancelled, disqualified, suspended or revoked.

(d) The DPRB may extend the period for which the authority to operate a state vehicle is withdrawn, suspended or revoked, beyond the period for which the driver's license is denied, cancelled, disqualified, suspended, if the evidence regarding the circumstances surrounding the denial, cancellation, disqualification, suspension or revocation of the authorized driver's license and driving history indicates that it is in the best interest of the state to extend the period for which the authority to operate a state vehicle is withdrawn, suspended or revoked.

] (3) The authority to operate a state vehicle shall be suspended or revoked for up to three years by the Driver Eligibility Board for any of the following reasons[ grounds]:

(a) The authorized driver, while acting within the scope of employment, has been involved in 3 or more preventable accidents during a three (3)[five (5)] year period; or

(b) The authorized driver has 4 or more moving violations within a 12 month period[, while acting within the scope of employment, has received 5 or more citations for violating motor vehicle laws during a five (5) year period]; or

(c) The authorized driver, has been convicted of any of the following Utah "ACD" codes:

(i) A33 - Violation of controlled substance laws; or

(ii) B23 - Driving while denied; or

(iii) B25 - Driving on revocation; or

(iv) B26 - Driving while suspended; or

(v) M84 - Reckless driving; or

(vi) S95 - Speed contest(racing) on road open to traffic prior to 5/1/2006; or

(vii) S95 - Speed contest (racing)(1st 60 days-2ndw/I 3 yrs 90 days); or

(viii) U01 - Fleeing or evading police or roadblock; or

(ix) U05 - Using a motor vehicle to aid and abet a felon; or

(x) U31 - Violation resulting in fatal accident; or

(xi) MEC - Driving under the influence of drugs metabolite (MEC); or

(xii) A35 - Possession of open alcohol container - send as A type record if amended from DUI - otherwise FTA/FTC only; or

(xiii) B02 - Hit and run/fatal; or

(xiv) B03 - Hit and run - injury; or

(xv) B04 - Hit and run - property damage/regular operator; or

(xvi) ARD - Alcohol Restricted Driver; or

(xvii) A08 - DUI of alcohol with BAC at or over .08; or

(xviii) A08 - Driving under the influence alcohol and drugs; or

(xix) A08 - Driving under the influence w/impaired; or

(xx) A08 - Driving under the influence w/personal injury; or

(xxi) A08 - Driving under the influence w/minor in vehicle; or

(xxii) A08 - Driving under the influence in a CMV; or

(xxiii) A25 - Impaired Driving; or

(xxiv) A41 - Any Violation of ignition interlock device under 41-6a-518; or

(xxv) A50 - Motor vehicle used in the commission of a felony involving the manufacturing, distributing or dispen a controlled substance; or

(xxvi) ACL - Violation alcohol conditional license; or

(xxvii) B01 - Hit&Run/failure to stop render aid/property dmg/comm only; or

(xxviii) B14 - Failure to reveal identity after fatal accident - commercial only; or

(xxix) B23 - Driving while denied/CMV; or

(xxx) B24 - Driving CMV while disqualified/CMV; or

(xxxi) B25 - Driving on revocation/CMV; or

(xxxii) B26 - Driving while suspended/CMV; or

(xxxiii) IID - Ignition interlock device violation - (result in 1 yr revocation); or

(xxxiv) M8A - Alcohol related reckless driving; or

(xxxv) U03 - Felony with a vehicle (joy riding) criminal class required; or

(xxxvi) U07 - Vehicular homicide/ regular or CMV; or

(xxxvii) U08 - Vehicular manslaughter/CMV; or

(xxxviii) USV - Shooting gun from a vehicle/Criminal class required(felonly only); or

(xxxix) U09 - Negligent homicide while operating a CMV; or

(xl) UIV - Throwing incendiary device f/vehicle/criminal class required; or

(xli) U10 - Causing a fatality through the negligent operation of a CMV

(d) The authorized driver has 150 or more points on his or her Utah driver's license record

(e)[(c)] The unauthorized use, misuse, abuse or neglect of a state vehicle as validated by the Agency; or

(f)[(d)] On the basis of citizen complaints validated by the agency, the authorized driver, while acting within the scope of employment has been found, pursuant to 63A-9-501,to have misused or illegally operated a vehicle three (3) times during a three (3) year period.

[(4) The employing agency shall impose a period for which the authority to operate a state vehicle will be withdrawn, suspended or revoked under the circumstances described in R27-7-3(3)(a),(b) or (c), on the basis of an investigation of the circumstances surrounding each accident and the authorized driver's driving history.

(5)](4) The withdrawal of authority to operate a state vehicle imposed by the Driver Eligibility Board shall be in addition to agency-imposed discipline, corrective or remedial action, if any.

[ (6) The authorized driver petition the DPRB to review the withdrawal, suspension or revocation of the authority to operate a state vehicle imposed by the employing agency pursuant to R-27-7-3(3) and (4).

(7) Any determination made by the employing agency with regard to the withdrawal, suspension or revocation of the authority to operate a state vehicle, pursuant to R27-7-3(3) and (4) shall remain in effect until such time as a review by the DPRB can be conducted, and a decision rendered.

] (5) Drivers declared ineligible to operate a state vehicle by the Driver Eligibility Board may appeal to the Director of the Department of Administrative Services (DAS) or his/her designee. Any appeal to the Executive Director of DAS or his/her designee must be made in writing within 30 days from the date the Driver Eligibility Board declared a state driver ineligible to operate a vehicle.

(6) Effective Date

(a) Phase in - current state employees shall be subjected to R27-7-3(3) as of the effective date of the rules as published by the Division of Administrative Rules.

(b) State employees hired after the effective date of this administrative rule will be subject to the Driver Eligibility standards in R27-7-3(3) for three years previous to the hire date.

 

R27-7-4. Accident Review Committee (ARC).

(1) Each agency leasing vehicles from the Division of Fleet Operations shall establish and maintain an Accident Review Committee (ARC). Each agency ARC shall conduct at least quarterly reviews of all accidents[ or complaints] involving state vehicles under the possession or control of their respective agencies.

(2) The purpose of the ARC is to reduce the number of accidents[ and complaints] involving drivers of vehicles being used in the course of conducting state business.

(3) After DFO has made an initial determination regarding the status of an accident the agency [The ]ARC shall determine, through a review process, whether an accident was either preventable or non-preventable, using standards published[established] by the National Safety Council.

(4) Each agency ARC shall, within one (1) calendar month following the last day of the quarter (March, June, September, December),[ five (5) business days of reviewing an accident,] provide to DFO, in writing, its determination and recommended actions, if any, as well as all evidence used to arrive at its determination as to whether the accident was preventable or non-preventable.

(5) If an agency ARC does not send the quarterly accident reviews as specified in R27-7-4(4), the status of the accident will be reviewed by the Driver Eligibility Board on behalf of the agency ARC. The Driver Eligibility Board's decision about the status any vehicle accident will be final. The Driver Eligibility Board may recommend disciplinary actions for agency drivers to the agency when it is acting on behalf of the agency ARC.

 

R27-7-5. Accident Review Committee Guidelines.

(1) The ARC shall have no less than three (3) voting members. The members shall be from different areas in the agency.

(2) An accident shall be classified as preventable if any of the following factors are involved:

(a) Driving too fast for conditions;

(b) Failure to observe clearance;

(c) Failure to yield;

(d) Failure to properly lock the vehicle;

(e) Following too closely;

(f) Improper care of the vehicle;

(g) Improper backing;

(h) Improper parking;

(i) Improper turn or lane change;

(j) Reckless Driving as defined in Utah Code 41-6-45;

(k) Unsafe driving practices, including but not limited to: the use of electronic equipment or cellular phone while driving, smoking while driving, personal grooming, u-turn, driving with an animal(s) loose in the vehicle.

(3) An accident shall be classified as non-preventable when:

(a) The state vehicle is struck while properly parked;

(b) The state vehicle is vandalized while parked at an authorized location;

(c) The state vehicle is an emergency vehicle, and

(i) At the time of the accident the operator was in the line of duty and operating the vehicle in accordance with their respective agency's applicable policies, guidelines or regulations; and

(ii) Damage to the vehicle occurred during the chase or apprehension of people engaged in or potentially engaged in unlawful activities; or

(iii) Damage to the vehicle occurred in the course of responding to an emergency in order to save or protect the lives, property, health, welfare and safety of the public.[

(4) The ARC shall notify DFO of their findings, as to whether the accident in question was preventable or non-preventable, regarding each accident case reviewed.]

 

R27-7-6. Effects of ARC Accident Classification.

(1) In the event that an accident is determined by the ARC to be preventable, the ARC shall impose and enforce the following:

(a) The authorized driver shall be required to attend a Division of Risk Management-approved driver safety program after being involved in the first preventable accident;

(b) The driver shall be required to attend, at their own expense, a state certified or nationally recognized defensive driving course after being involved in a second preventable accident[;

(c) The driver may have his or her authority to operate a state vehicle suspended or revoked, if he or she is involved in a third preventable accident within five calendar years of being involved in the first preventable accident.

(3) An employee whose authority to operate a state vehicle has been suspended or revoked pursuant to R27-7-3(3) and (4), may petition the DPRB for a review of the agency ARC's determination. The suspension of state driving privileges shall continue until such time as a formal hearing before the DPRB can be held, and a decision rendered. The provisions of the DPRB's decision, including the revocation of the driver's authority to drive a vehicle in the conduct of state business, will govern from that time forward].

 

R27-7-7. Driver Eligibility[Driving Privilege Review] Board.

(1) The [Driving Privilege Review Board (DPRB)]Driver Eligibility Board (DEB) shall have at least 4[no more than 3] voting members. Members of the Board shall include a representative from the Division of Risk Management, the Division of Fleet Operations, the Department of Human Resource Management and, a representative of the employee's agency. Each member of the Board will be assigned by the Executive Director of the Department of Administrative Services.[The Department of Administrative Services, the Division of Risk Management and the agency whose employee is the subject matter of the case pending before the DPRB shall each have a voting member.]

(2) The Driver Eligibility Board shall meet at least quarterly.

(3) The employing agency supervisor and the state driver being reviewed shall be notified of the Driver Eligibility Board's meeting place, date and time. Each state employee reviewed by the Driver Eligibility Board will be given the opportunity to speak to the Board and/or answer questions during the meeting if he or she chooses to attend the Board meeting.

[ (2) Agency actions that involve the withdrawal, suspension or revocation of the authority to operate a state vehicle are subject to review by the DPRB.

(3) The DPRB shall, upon receipt of the petition for review from the authorized driver, pursuant to R27-7-6(3), schedule a review and render a decision on whether to uphold the agency's decision regarding the withdrawal, suspension or revocation of the authority to operate a state vehicle, or impose a different penalty.

(4) The DPRB shall, upon receipt of an employing agency's petition, pursuant to R27-7-3(2)(c), schedule a review and render a decision on whether to extend the period for which the authority to operate a state vehicle is withdrawn, beyond the period for which the authorized driver's license is denied, cancelled, disqualified, suspended or revoked.

(5) The employing agency, and the authorized driver shall be notified of the hearing date, the reason for the hearing, the substance of the charges, as well as their respective right to respond to the petition, rebut the evidence presented and present evidence in their respective behalf at the hearing.

(6) The DPRB shall render a decision that will be forwarded to the agency for enforcement. In making its decision, the DPRB may consider factors, including but not limited to, the severity of injuries, the extent of damages, the authorized driver's culpability and willfulness.

] (4)[(7)] The Driver Eligibility Board[DPRB] may impose an ineligible status from a single day up to three years.[a range of penalties from no action to a withdrawal, suspension or revocation of the authority to operate a state vehicle for an indefinite period.] In no case shall the ineligible status[withdrawal, suspension or revocation of the authority] to operate a state vehicle be less than the period [of withdrawal, suspension or revocation of the privilege to drive ]imposed by the courts or the employing agency.[

(8) An employee whose authority to operate a state vehicle has been withdrawn, suspended or revoked may petition the DPRB for reinstatement of the authority on the basis of changed circumstances. The employee shall provide proof of the change in circumstances that would justify the reinstatement of authority.]

 

KEY: accidents, incidents, tickets, ARC

Date of Enactment or Last Substantive Amendment: [July 8, 2003]2008

Notice of Continuation: January 20, 2006

Authorizing, and Implemented or Interpreted Law: 63A-9-401(1)(d)(iii)[63A-9-401(1)(c)(viii)]