No. 41609 (Amendment): Rule R27-7. Safety and Loss Prevention of State Vehicles

(Amendment)

DAR File No.: 41609
Filed: 05/08/2017 02:41:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes to this rule are in response to telematics information now available to the division, and to bring the language of the rule in line with the Administrative Rulemaking Manual.

Summary of the rule or change:

The changes to this rule include replacing the acronym "DFO" with "division", replacing the requirement for an Accident Review Committee with the requirement of a Driver Safety Committee for each agency that uses state vehicles, adding using a handheld wireless device to the list of offenses which may result in revocation or suspension of driving privileges, and adding Subsection R27-7-5(5) which provides guidance on the determination of major threshold violations.

Statutory or constitutional authorization for this rule:

• Subsection 63A-9-401(1)(d)(iii)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature.

local governments:

There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature.

small businesses:

There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature.

Compliance costs for affected persons:

There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature.

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

I have reviewed the changes, and I believe that there is no potential for fiscal impacts on businesses as a result of the changes to this rule.

Tani Pack Downing, Executive Director

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

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

Direct questions regarding this rule to:

• Jeff Mottishaw at the above address, by phone at 801-538-3601, by FAX at , or by Internet E-mail at [e-mail]
• Simone Rudas at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at [e-mail]
• Fay Tan at the above address, by phone at 801-538-3524, by FAX at , 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:

07/03/2017

This rule may become effective on:

07/10/2017

Authorized by:

Jeff Mottishaw, Director

RULE TEXT

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) which requires the [Division of Fleet Operations (DFO)]division to make rules establishing requirements for fleet safety and loss prevention programs.

 

R27-7-2. [Accident Reporting and Liability]Reporting Accidents and Violations of Motor Vehicle Laws.

(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, the Division of Risk Management, and the agency's management, within 24 hours of the occurrence of the accident.

(2) Authorized drivers shall also follow Section R27-3-14 regarding reporting of violations of motor vehicle laws.

 

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]the division verifies the license has been reinstated.

(3) The authority to operate a state vehicle may be suspended or revoked for up to three years by the Driver Safety Committee or 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]three or more preventable accidents during a three -[(3) ]year period; or

(b) The authorized driver has [3]three or more moving violations while driving a state vehicle within a 12[ ]-month period; or

(c) The authorized driver has been convicted of any of the following:

(i) Alcohol related driving violations;

(ii) reckless, careless, or negligent driving (including excessive speed violations);

(iii) driving violations that have resulted in injury or death;

(iv) felony related driving violations;

(v) hit and run violations;

(vi) impaired driving;

(vii) using a handheld wireless communication device while operating a moving motor vehicle; or

(viii) [or ]any other driving violation determined by the Driver Safety Committee or the Driver Eligibility Board as posing a significant risk to the safety or loss prevention of state vehicles.

(d) An authorized driver uses a vehicle in an[The] unauthorized [use,]way or misuses, abuses or neglects [of ]a state vehicle as validated by the driver's agency;[or]

(e) [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.]As provided in Section 63A-9-501, an authorized driver misuses or illegally operates a vehicle; or

(f) An authorized driver violates any major threshold as defined by the division or in policy by the employing agency.

(4) The withdrawal of authority to operate a state vehicle imposed by the Driver Safety Committee or the Driver Eligibility Board shall be in addition to agency-imposed [discipline]disciplinary, corrective , or remedial action; except when the withdrawal of authority conflicts with an internal review and disciplinary process approved by the division and substantially meets the requirements outlined in rule.[, if any.]

(5) Pursuant to procedures outlined in Rule R27-2, a driver[Drivers] declared ineligible to operate a state vehicle by the Driver Safety Committee may appeal that determination to the Driver Eligibility Board . [may appeal to the Director of the Department of Administrative Services (DAS) or his/her designee. Any]An appeal to the Driver Eligibility Board[Executive Director of DAS or his/her designee] must be made in writing within 30 days from the date the Driver [Eligibility Board]Safety Committee issues its decision.[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]may be subject to a review of their driving record[the Driver Eligibility standards in R27-7-3(3)] for three years previous to the hire date , and employment offers may be made conditional upon a favorable review.

 

R27-7-4. [Accident Review Committee (ARC)]Driver Safety Committee.

(1) Each agency using a state vehicle[leasing vehicles from the Division of Fleet Operations] shall establish and maintain [an Accident Review Committee (ARC)]a Driver Safety Committee or an internal review and disciplinary process that is approved by the division and substantially meets the requirements outlined in rule for the Driver Safety Committee.[Each agency ARC shall conduct at least quarterly reviews of all accidents involving state vehicles under the possession or control of their respective agencies.]

(2) The purpose of the [ARC]Driver Safety Committee is to increase the safety of the driver and reduce losses associated with the state vehicles.[the number of accidents involving drivers of vehicles being used in the course of conducting state business.]The Driver Safety Committee shall review any accident involving state vehicles in the possession or under the control of the agency. The Driver Safety Committee also reviews eligibility of a driver to operate a state vehicle based on the provisions of Section R27-7-3.

(3) After [DFO]the Division of Risk Management has made an initial determination regarding the [status]preventability of an accident , the agency [ARC]Driver Safety Committee shall [determine, through a review process, whether ]determine whether it agrees with the initial determination of preventability. [an accident was either preventable or non-preventable, ]The Driver Safety Committee shall use[using] standards published by the National Safety Council.

(4) Each agency [ARC]Driver Safety Committee shall[,]meet monthly, except in cases when there are not items to review. The items to review are the preventability determination of any accidents and any major threshold violations committed in the previous month. The Driver Safety Committee shall report to the division its accident and major threshold determination and any actions taken.[within one (1) calendar month following the last day of the quarter (March, June, September, December), 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]Driver Safety Committee does not send the monthly Driver Safety Committee report[quarterly accident reviews] as specified in R27-7-4(4), the initial preventability determination[status] of [the]any accident s will stand. Any major threshold violations will receive the minimum driver eligibility suspension as outlined in Subsection R27-7-5(6). A driver may appeal the accident determination to the Driver Eligibility Board pursuant to Section R27-2.[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.]

(6) The Driver Eligibility Board may recommend disciplinary actions for agency drivers to the agency when it is acting on behalf of the agency [ARC]Driver Safety Committee.

(7) If an agency has fewer than five employees, the agency head may perform the duties of the Driver Safety Committee outlined in rule. In the event the agency head is the driver to be reviewed, the review may be done by the Driver Eligibility Board. Appeals from the affected agency head will be heard by the Executive Director of the Department of Administrative Services, or designee and shall follow the appeal process outlined in rule.

 

R27-7-5. [Accident Review Committee Guidelines]Driver Safety Committee Standards.

(1) The [ARC]Driver Safety Committee shall have no less than three[(3)] voting members. The members shall consist of, at a minimum, a risk coordinator, human resource representative and a fleet manager. In the absence of the fleet manager the employee's supervisor may fill the position.[be from different areas in the agency.]

(2) The Driver Safety Committee shall review the initial accident preventability determination, moving violations committed in the state vehicle, moving violations outlined in Subsection R27-7-3(c), validity of citizen complaints and any other major threshold violations.

(3) An accident [shall]may 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]Section 41-6a-528;

(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]4) 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.

(5) Major threshold violations shall be determined as follows:

(a) Preventable Accidents:

(i) Three preventable accidents as determined by the Driver Safety Committee or the Driver Eligibility Board in a three year period; or

(ii) any single preventable accident as determined by the Driver Safety Committee or Driver Eligibility Board using aggravating factors outlined in Subsection R27-7-5(8).

(b) Moving violations:

(i) Three moving violations in a state vehicle within a 12-month period, not specifically outlined in Subsection R27-7-3(3)(c); or

(ii) Any moving violation outlined in Subsection R27-7-3(3)(c).

(c) Validated Citizen complaints: Validated citizen complaints may be considered a major threshold violation at the discretion of the Driver Safety Committee or Driver Eligibility Board using aggravating factors outlined in Subsection R27-7-5(8).

(d) Telematics Threshold violations:

(i) Three telematics threshold violations within a 12-month period; or

(ii) Any single telematics threshold violation as determined by the Driver Safety Committee or Driver Eligibility Board using aggravating factors outlined in Subsection R27-7-5(8).

(6) Major threshold violations will result, at a minimum, in the following state vehicle driving privilege suspensions:

(a) First major threshold violation shall receive a minimum of two-working day driving suspension.

(b) Second major threshold violation within 12 months of the first major threshold violation shall receive a minimum 14-calendar day driving suspension. If the second major threshold violation is not within a 12-month period of the first, then it is at the discretion of the Driver Safety Committee as to whether it is considered the first or second major threshold violation. The aggravating factors outlined in rule should be considered.

(c) Third major threshold violation within 12 months of the second major threshold violation shall receive a minimum of 30-calendar day driving suspension. If the third major threshold violation is not within a 12-month period of the second, then it is at the discretion of the Driver Safety Committee as to whether it is considered the first or third major threshold violation. The aggravating factors outlined in rule should be considered.

(d) Fourth major threshold violation within 12 months of the third major threshold violation shall receive a minimum of 60-calendar day driving suspension. If the fourth major threshold violation is not within a 12-month period of the third, then it is at the discretion of the Drier Safety Committee as to whether it is considered the first or fourth major threshold violation. The aggravating factors outlined in rule should be considered.

(7) The members of the Driver Safety Committee shall act on the following matters:

(a) The preventability of an accident in accordance with the standards in rule and the facts surrounding the accident and as to whether the single accident should be classified as a major threshold violation. The aggravating factors outlined in Subsection R27-7-5(8) should be considered.

(b) Any other item brought before the Driver Safety Committee that is allowed the discretion of the Driver Safety Committee, including driving suspension longer than the minimums outlined in rule.

(c) The Driver Safety Committee may impose a driving suspension for a period less than what is in rule, but only after the recommended period of driving suspension has been reviewed by and approved by the Driver Eligibility Board prior to the suspension taking effect.

(d) The Driver Safety Committee shall recommend appropriate disciplinary action to the employing agency.

(8) Aggravating Factors to Consider

(a) The following list are items to be considered when reviewing the driver eligibility suspension to be imposed or whether a single event outlined in Subsection R27-7-5 should be considered a major threshold violation.

(b) The event resulted in bodily harm.

(c) The event had a high likelihood of causing bodily harm.

(d) The amount of damage caused as a result of the event.

(e) The event had a high likelihood of causing damage.

(f) The event damaged the reputation of the state or agency.

(g) The event had a high likelihood of damaging the reputation of the state or agency.

(h) The frequency of the events under consideration.

(9) State vehicle driving eligibility suspensions should begin within two weeks of the Driver Safety Committee meeting, unless a differing timeline is outlined in rule.

 

R27-7-6. Effects of [ARC]Driver Safety Committee Accident Preventability Classification.

(1) In the event that an accident is determined by the [ARC]Driver Safety Committee to be preventable, the [ARC]Driver Safety Committee shall [impose and enforce]require the following:

(a) as a result of [T]the first preventable accident, 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) as a result of the [T]the second preventable accident, 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) as a result of the third preventable accident within a three-year period, the driver shall receive a major threshold violation and be subject to the standards of the Driver Safety Committee.

 

R27-7-7. Driver Eligibility Board.

(1) The Driver Eligibility Board [(DEB) ]shall have at least [4]four voting members. Members of the Board shall include a representative from the division, 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.

(2) The Driver Eligibility Board shall meet [at least quarterly]within 30-calendar days of an appeal to the Driver Eligibility Board.

(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.

(4) The Driver Eligibility Board or the Driver Safety Committee may suspend state vehicle driving privilege according to the provisions of Rule 27-7 for up to three years.[impose an ineligible status from a single day up to three years. In no case shall the ineligible status to operate a state vehicle be less than the period imposed by the courts or the employing agency.]

 

KEY: accidents, incidents, tickets, [ARC]Driver Safety Committee

Date of Enactment or Last Substantive Amendment: [March 11, 2014]2017

Notice of Continuation: November 6, 2015

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

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