No. 32292 (Amendment): R27-7. Safety and Loss Prevention of State Vehicles

DAR File No.: 32292
Filed: 01/08/2009, 12:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment updates driver eligibility restrictions and corrects a spelling mistake.

Summary of the rule or change:

This amendment updates the language of the Utah American Association of Motor Vehicles Administrators Code Dictionary (ACD) codes referenced for driver eligibility. It also changes wording ("shall" changed to "may") to give the Driver Eligibility Board more power. There are also two spelling changes.

State statutory or constitutional authorization for this rule:

Subsection 63A-9-101(1)(d)(iii)

Anticipated cost or savings to:

the state budget:

These updates are for clarification purposes and will have no cost to the state budget.

local governments:

These updates are for clarification purposes and will have no cost to local government.

small businesses and persons other than businesses:

These updates are for clarification purposes and will have no cost to small businesses.

Compliance costs for affected persons:

There will be no compliance cost for affected persons.

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

This rule will have 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 [e-mail]

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:

03/03/2009

This rule may become effective on:

03/10/2009

Authorized by:

Margaret Chambers, Director

RULE TEXT

R27. Administrative Services, Fleet Operations.

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

R27-7-3. Driver Eligibility 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(2) The authority to operate a state vehicle shall be automatically withdrawn, suspended or revoked in the event that an authorized driver's license is not in a valid status.

(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.

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

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

(b) The authorized driver has 4 or more moving violations within a 12 month period; or

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

(i) A22 - Driving under the influence of drugs[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) A21 - Driving under the influence of alcohol[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 dispensing a controlled substance; or

(xxvi) ACL - Violation alcohol conditional license; or

(xxvii) B01 - Hit and 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 (felony[felonly] only); or

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

(xl) UIV - Throwing incendiary device [f]from/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

] (d)[(e)] The unauthorized use, misuse, abuse or neglect of a state vehicle as validated by the driver's agency[Agency]; or

(e)[(f)] 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 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.

(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.

 

R27-7-5. 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 41-6a-528[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.

 

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.

 

KEY: accidents, incidents, tickets, ARC

Date of Enactment or Last Substantive Amendment: [November 11, 2008]2009

Notice of Continuation: January 20, 2006

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