§ 36.079 VEHICLE USE.
   (A)   The operation of vehicles is necessary in conducting much of the city’s business. This policy establishes requirements governing the operation of city owned, leased or rented vehicles and the operation of personal vehicles while conducting business on behalf of the city. Supervisors are responsible for implementation and enforcement of this policy for all vehicles and drivers assigned to their department.
   (B)   Employees operating the city owned, leased or rented vehicles, which include special-use vehicles, such as construction and excavation equipment designed to operate primarily off-road but driven on public roads to a job site, and employees who are performing employment functions on behalf of the city in a privately owned vehicle must meet and adhere to the following requirements.
      (1)   The employee will hold a valid driver’s license.
      (2)   Operators of CDL and non-CDL vehicles will have held a valid driver license for at least three years before being allowed to operate a city owned vehicle. Operators may drive city owned vehicles with fewer than three years of experience only after successfully completing on the job CDL training or a driver skills evaluation.
      (3)   The employee will not operate a city owned vehicle or use a privately owned vehicle in conducting business on behalf of the city while the employee’s license is under revocation or suspension.
      (4)   A valid driver’s license must always be in the employee’s possession while operating a city owned vehicle. In the case of commercially rated vehicles, the proper commercial driver’s license for the vehicle’s weight and class must be valid and in the driver’s possession.
      (5)   Any employee who may operate a vehicle while performing employment functions on behalf of the city will be subject to an annual Division of Motor Vehicle Records Check and must sign the Driver’s License Background Check Release (HR Form 04) in Appendix A. The city will use the commonwealth’s individual driving record and corresponding point system to monitor the risks associated with operating vehicles while in the city’s employment.
         (a)   An accumulation of eight or more points in the previous 12-month period or an accumulation of ten or more points in the previous 18-month period will be cause for disciplinary action up to and including suspension of city driving privileges.
         (b)   The City Clerk will advise the employee’s supervisor and the Mayor when a driving record meets this threshold.
         (c)   Problem drivers should be identified and if possible, should be enrolled in a defensive driving training course.
      (7)   Only city employees are authorized to operate city owned vehicles.
         (a)   Persons volunteering services to the city are considered employees of the city for purposes of this policy and may operate city owned vehicles when his or her duties require travel as long as such travel is under the approval or direction of the supervisor and necessary in the course of performing official city business.
         (b)   Employees of other public entities may operate city vehicles under the specific approval of the department supervisor as long as such operation is essential in conducting city business. Supervisors granting permission for non-city employees to operate city owned vehicles are responsible for ensuring that the driver is properly licensed, trained and qualified to operate the vehicle.
      (8)   Only persons being transported in connection with official city business will be passengers in any city owned vehicle.
      (9)   Intentional abuse, moving violations, reckless operation or negligent actions while operating any city owned vehicle may result in the suspension of the employee’s driving privileges and is grounds for further disciplinary action.
      (10)   When cargo, materials or tools are being transported, the driver is responsible for assuring that all items are properly secured to prevent them from shifting or falling from the vehicle or trailer.
      (11)   No person will be allowed to ride on running boards, fenders, hoods, tailgates, beds or other locations on a vehicle not designed or approved by the vehicle manufacturer for passenger seating. An exception to this prohibition will be vehicles assigned to the Street and Sanitation Department which are suitably designed and equipped for passengers outside the cab area.
      (12)   Riding on garbage trucks will be performed in compliance with American National Standards Institute (ANSI) Z245.1 mobile refuse collection and compaction requirements.
      (13)   Alcoholic beverages will not be transported or placed in any city owned vehicle.
      (14)   An employee who operates a city owned vehicle regardless of frequency is responsible for the proper care and operation of that vehicle.
      (15)   Preoperational inspection for passenger sedans, light-duty pickup trucks and all other vehicles that do not require a CDL.
         (a)   At least once per day the operator of these vehicles is responsible for ensuring that all vehicle safety equipment, including headlights, turn signals, brake lights and horn, are functioning properly.
         (b)   The operator is also responsible for ensuring that fluid levels including brake, transmission, engine oil and coolant are properly maintained.
         (c)   Any defects which will affect the safe operation of the vehicle will be promptly reported to the driver’s supervisor or central garage. No employee will operate a city owned vehicle in an unsafe condition. Any vehicle damage which is beyond normal wear and tear must be documented and reported to the employee’s supervisor and central garage.
      (16)   Preoperational inspection for all vehicles that require a CDL includes the following.
         (a)   At least once per day, the operator of these vehicles is responsible for ensuring that all vehicle safety equipment, including headlights, turn signals, brake lights and horn, are functioning properly. The operator is also responsible for ensuring that fluid levels, including brake, transmission, engine oil and coolant, are properly maintained.
         (b)   In addition to the requirements above, the operator of these vehicles is responsible for ensuring that all preoperational checks as required by the DOT CDL rules are complied with. In addition, the operator will complete a vehicle condition report at the beginning of the first shift of each day.
         (c)   Any defects which will affect the safe operation of the vehicle will be promptly reported to the driver’s supervisor or central garage. No employee will operate a city owned vehicle in an unsafe condition. Any vehicle damage which is beyond normal wear and tear must be documented and reported to the employee’s supervisor and central garage. At the end of the week, the form will be forwarded to the central garage for archiving. A new form will be initiated at the beginning of each week.
      (17)   A qualified operator must be positioned at the vehicle’s controls any time it is running unless otherwise approved by the manufacturer.
      (18)   No vehicle will be left unattended without first stopping the motor, locking the ignition, removing the key, setting the parking brake, locking the doors or otherwise securing the vehicle to prevent theft, vandalism and unintentional movement.
      (19)   Vehicles responding to emergency situations or those parked on job sites will be parked with due regard to safety and security considerations.
      (20)   City owned vehicles not taken home will be secured in city parking lots during non-duty hours. The keys will be removed and the vehicle locked. When it is necessary to leave a vehicle at a job site overnight, the operator will ensure the vehicle is parked and secured in an area which provides reasonable security.
      (21)   When using a trailer, dolly or other equipment, the following will apply.
         (a)   The driver will ensure that the trailer hitch is securely latched, adequate for the load being towed, properly installed on the towing vehicle and that safety chains are properly attached.
         (b)   The driver will ensure that the trailer or other towed equipment is supplied with proper lighting, including brake lights, turn signals and running lights.
         (c)   Any vehicle having a load which extends more than four feet beyond the rear will have the end of the load marked with a red flag which will be at least 12 inches square.
      (22)   Backing guidelines for large vehicle and construction equipment are as follows:
         (a)   Whenever possible, the driver will position the vehicle to avoid the necessity of backing;
         (b)   Park the vehicle so that the first move is forward when leaving. This means backing the vehicle into a parking space or pulling through a parking space;
         (c)   These methods do not apply to diagonal parking spaces;
         (d)   Before entering the vehicle, the driver will perform a walkaround to check clearances prior to entering the vehicle;
         (e)   The driver will not back the vehicle unless such movement can be made with reasonable safety and without interfering with other traffic;
         (f)   Never back a vehicle when windows or mirrors are covered with snow, ice, frost or other substance that prevents the driver from a clear visual path;
         (g)   Back slowly even during emergency situations;
         (h)   Be familiar with the vehicle’s blind spots to reduce the area that may not be visible in the side mirrors;
         (i)   When available, use a spotter to back all vehicles. Before and during backing movements, the driver and spotter should check blind zones for objects not visible in rear-view mirrors, watch both sides for adequate clearance and limit speed to allow a full stop;
         (j)   If a spotter is not available, cones will be placed in the front and rear of the vehicle after parking and picked up prior to leaving to ensure a full walkaround is completed; and
         (k)   This policy applies to all vehicles, including those fitted with backup cameras. These cameras can be an effective tool for preventing backing accidents, but such equipment should be used in addition to the techniques outlined in this policy.
      (23)   The employee will obey all city, county, state, federal laws and regulations.
      (24)   The employee will not operate a motor vehicle while under the influence of alcohol or while being under the influence of illegal or controlled substances.
      (25)   When it is necessary for a city employee to use a rental vehicle for city business, the employee will use a city-approved leasing agency. The city will purchase optional comprehensive/collision damage coverage through the leasing agency at the time the vehicle is rented.
      (26)   The employee and all occupants will always wear safety belts/safety restraints and all occupants of city owned vehicles must properly wear seat belts/safety restraints any time the vehicle is in motion.
         (a)   The operator of construction, excavation and other off-road equipment will use the occupant restraint system any time the vehicle is in operation.
         (b)   Employees are prohibited from removing, deactivating, modifying or otherwise defeating any occupant restraint system installed by the manufacturer unless approved or instructed by the manufacturer.
      (27)   No employee will operate a vehicle while normal vision is obstructed.
   (C)   All employees operating a vehicle on city business will undergo annual defensive driver training.
      (1)   The Kentucky League of Cities (KLC) offers two defensive driving courses for the employee’s convenience. Each of these courses has four modules. Each module can easily be viewed in under 30 minutes.
      (2)   Use one course per year for training purposes.
      (3)   The defensive driving courses can be found on the KLC Insurance portal under the Risk and Safety tab.
   (D)   The city will not provide coverage for liability or physical damage to an employee’s privately owned vehicle. Employees who use personally owned vehicles for city business should confirm that their personal auto insurance policy provides coverage for this use.
      (1)   Employees who use their personal vehicle while conducting city business will maintain at least minimum of liability coverage in an amount not less than $100,000 per occurrence/$300,000 annual aggregate, and property damage coverage in an amount not less than $100,000 per occurrence.
      (2)   Annual verification of minimum coverage will be requested.
   (E)   Any employee who receives a citation or towing charge while operating a city owned vehicle will notify the Mayor in writing within 48 hours of receipt of the citation or towing charge.
   (F)   An employee who operates a city owned motor vehicle is required to immediately notify the Mayor of any motor vehicle violation conviction entered against the employee that involves DUI or which has resulted, or may result, in the suspension or revocation of the employee’s motor vehicle license.
   (G)   If the operation of a city owned vehicle is a condition of employment and an employee is unable to operate a motor vehicle due to the suspension or revocation of the employee’s license, the employee must immediately inform the Mayor of the suspension or revocation.
      (1)   Any DUI conviction or refusal to submit to a lawful roadside sobriety test will result in disciplinary action up to and including suspension of city driving privileges.
      (2)   An employee whose driver’s license has been suspended for any reason will not be allowed to operate any over-the-road city owned vehicles.
      (3)   Employees who have obtained temporary driving permits or hardship licenses will not be permitted to operate over-the-road city or privately owned vehicles in the performance of official city duties.
      (4)   Temporary or permanent suspension of city driving privileges will be considered loss of a job prerequisite for employees whose position requires operation of an over-the-road vehicle.
      (5)   Additionally, the employee must, at his or her own expense, arrange for and provide transportation so the employee is able to continue to fulfill the employee’s job requirements.
      (6)   An employee who has been determined to be “at fault” in two or more accidents within a 24-month period while driving a city owned or privately owned vehicle in the performance of official city business will be subject to disciplinary action up to and including suspension of city driving privileges.