R27-7-5. Driver Safety Committee Standards

  (1) The Driver Safety Committee shall have no less than three 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.

  (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 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 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.

  (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.