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  (2) The authority to operate a state vehicle shall be automatically withdrawn, suspended or revoked in the event that an authorized driver's license is not in a valid status.

  (a) The authority to operate a state vehicle shall, at a minimum, be withdrawn, suspended or revoked for the period of denial, cancellation, disqualification, suspension or revocation of the authorized driver's license.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

  (b) The authorized driver has 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) 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 unauthorized way or misuses, abuses or neglects a state vehicle as validated by the driver's agency;

  (e) 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 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.

  (5) Pursuant to procedures outlined in Rule R27-2, a driver declared ineligible to operate a state vehicle by the Driver Safety Committee may appeal that determination to the Driver Eligibility Board. An appeal to the Driver Eligibility Board must be made in writing within 30 days from the date the Driver Safety Committee issues its decision.

  (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 may be subject to a review of their driving record for three years previous to the hire date, and employment offers may be made conditional upon a favorable review.