No. 34786 (Amendment): Section R27-3-4. Authorized and Unauthorized Use of State Vehicles

(Amendment)

DAR File No.: 34786
Filed: 05/10/2011 10:32:05 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change authorizes the transportation of weapons and ammunition in state vehicles when authorized by state and/or federal laws.

Summary of the rule or change:

This rule change creates an exception for the transportation of weapons and ammunition in state vehicles when authorized by state and/or federal law.

State statutory or constitutional authorization for this rule:

• Subsection 63A-9-401(1)(d)

Anticipated cost or savings to:

the state budget:

There are no known costs or savings associated with the legal transportation of weapons or ammunition within state vehicles. This rule change will have no fiscal impact on the state budget.

local governments:

There are no known costs or savings associated with the legal transportation of weapons or ammunition within state vehicles. This rule change will have no fiscal impact on local governments.

small businesses:

There are no known costs or savings associated with the legal transportation of weapons or ammunition within state vehicles. This rule change will have no fiscal impact on small businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no known costs or savings associated with the legal transportation of weapons or ammunition within state vehicles. This rule change will have no fiscal impact on persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no known costs or savings associated with the legal transportation of weapons or ammunition within state vehicles. This rule change will have no compliance costs.

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

There is no anticipated fiscal impact on businesses associated with this rule change.

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
450 N STATE 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 801-359-0759, 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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Sam Lee, Director

RULE TEXT

R27. Administrative Services, Fleet Operations.

R27-3. Vehicle Use Standards.

R27-3-4. Authorized and Unauthorized Use of State Vehicles.

(1) State vehicles shall only be used for official state business.

(2) Except in cases where it is customary to travel out of state in order to perform an employee's regular employment duties and responsibilities, the use of a state vehicle outside the State of Utah shall require the approval of the director of the department that employs the individual.

(3) The use of a state vehicle for travel outside the continental U.S. shall require the approval of the director of the employing department, the director of DFO, and the director of the Division of Risk Management. All approvals must be obtained at least 30 days from the departure date. The employing agency shall, prior to the departure date, provide DFO and the Division of Risk Management with proof that proper automotive insurance has been obtained. The employing agency shall be responsible for any damage to vehicles operated outside the United States regardless of fault.

(4) Unless otherwise authorized, the following are examples of the unauthorized use of a state vehicle:

(a) Transporting family, friends, pets, associates or other persons who are not state employees or are not serving the interests of the state.

(b) Transporting hitchhikers.

(c) Transporting acids, explosives,[weapons, ammunition,] hazardous materials,[ and] flammable materials , and weapons and ammunition (except as authorized by federal and/or state laws). Otherwise, [T]the transport of the above-referenced items or materials is deemed authorized when it is specifically related to employment duties.

(d) Extending the length of time that the state vehicle is in the operator's possession beyond the time needed to complete the official purposes of the trip.

(e) Operating or being in actual physical control of a state vehicle in violation of Subsection 41-6a-502, (Driving under the influence of alcohol, drugs or with specified or unsafe blood alcohol concentration),Subsection 53-3-231, (Person under 21 may not operate a vehicle with detectable alcohol in body), or an ordinance that complies with the requirements of Subsection 41-6a-510, (Local DUI and related ordinances and reckless driving ordinances).

(f) Operating a state vehicle for personal use as defined in R27-1-2(36). Generally, except for approved personal uses set forth in R27-3-5 and when necessary for the performance of employment duties, the use of a state vehicle for activities such as shopping, participating in sporting events, hunting, fishing, or any activity that is not included in the employee's job description, is not authorized.

(g) Using a state vehicle for personal convenience, such as when a personal vehicle is not operational.

(h) Pursuant to the provisions of R27-7-1 et seq., the unauthorized use of a state vehicle may result in the suspension or revocation of state driving privileges.

 

KEY: state vehicle use

Date of Enactment or Last Substantive Amendment: [January 25,] 2011

Notice of Continuation: November 29, 2010

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

 

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