§ 37.082 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. Department directors 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 shall hold a valid driver's license.
      (2)   Operators of city vehicles will have held a valid driver license for at least three years before being allowed to operate a city-owned vehicle.
      (3)   The employee shall not operate a city 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 may be subject to an annual Division of Motor Vehicle Records Check and must sign the Driver's License Background Check Release (HR Form Four). The city will use the Commonwealth of Kentucky'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 shall be cause for disciplinary action up to, and including, suspension of city driving privileges.
         (b)   The City Clerk shall advise the employee's department director or supervisor and the City Commission 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.
      (6)   Only city employees are authorized to operate city vehicles.
         (a)   Persons volunteering services to the city are considered employees of the city for purposes of this policy and may operate city vehicles when their duties require travel as long as such travel is under the approval or direction of the department director 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 director as long as such operation is essential in conducting city business. Department directors granting permission for non-city employees to operate city vehicles are responsible for ensuring that the driver is properly licensed, trained, and qualified to operate the vehicle.
      (7)   Only persons being transported in connection with official city business shall be passengers in any city vehicle.
      (8)   Intentional abuse, moving violations, reckless operation, or negligent actions while operating any city vehicle may result in the suspension of the employee's driving privileges and is grounds for further disciplinary action.
      (9)   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.
      (10)   No person shall 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.
      (11)   Alcoholic beverages shall not be transported or placed in any city vehicle.
      (12)   An employee who operates a city vehicle, regardless of frequency, is responsible for the proper care and operation of that vehicle.
      (13)   Pre-operation inspection for passenger sedans, light-duty pick-up trucks, and all other vehicles.
         (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. No employee may 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.
      (14)   A qualified operator must be positioned at the vehicle's controls any time it is running unless otherwise approved by the manufacturer.
      (15)   No vehicle shall be left unattended without first stopping the motor, locking the ignition, removing the key, setting the parking brake, and locking the doors, or otherwise securing the vehicle to prevent theft, vandalism, and unintentional movement.
      (16)   Vehicles responding to emergency situations, or those parked on job sites, shall be parked with due regard to safety and security considerations.
      (17)   City vehicles not taken home shall be secured in city parking lots during non-duty hours. The keys shall be removed, and the vehicle locked. When it is necessary to leave a vehicle at a job site overnight, the operator shall ensure the vehicle is parked and secured in an area which provides reasonable security.
      (18)   When using a trailer, dolly, or other equipment, the following shall apply:
         (a)   The driver shall 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 shall 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 shall have the end of the load marked with a red flag which shall be at least 12 inches square.
      (19)   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)   The vehicle shall be parked 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 shall perform a walk around to check clearances prior to entering the vehicle.
         (e)   The driver shall not back the vehicle unless such movement can be made with reasonable safety and without interfering with other traffic.
         (f)   The driver shall never back a vehicle when windows or mirrors are covered with snow, ice, frost, or other substance that prevents visually clearing the driver’s path.
         (g)   The driver shall back slowly, even during emergency situations.
         (h)   The driver shall be familiar with the vehicle's blind spots to reduce the area that may not be visible in side mirrors.
         (i)   When available, a spotter shall be used 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 shall be placed in the front and rear of the vehicle after parking and picked up prior to leaving to ensure a full walk around is completed.
         (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.
      (20)   The employee shall obey all city, county, state, and federal laws and regulations.
      (21)   The employee shall not operate a motor vehicle while under the influence of alcohol or while being under the influence of illegal or controlled substances.
      (22)   When it is necessary for a city employee to use a rental vehicle for city business, the employee shall use a city-approved leasing agency. The city shall purchase optional comprehensive/ collision damage coverage through the leasing agency at the time the vehicle is rented.
      (23)   The employee and all occupants shall always wear safety belts/safety restraints and all occupants of city 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 shall 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.
      (24)   No employee shall operate a vehicle while normal vision is obstructed.
   (C)   All employees operating a vehicle on city business may undergo annual defensive driver training.
      (1)   The Kentucky League of Cities (KLC) offers two defensive driving courses for employee’s convenience. Each of these courses has four modules. Each module can easily be viewed in under 30 minutes.
      (2)   One course per year shall be used 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 unless agreed to as a condition for a specific hire. 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 shall maintain at least a 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 vehicle shall notify the City Clerk, in writing within 48 hours of receipt of the citation or towing charge.
   (F)   An employee who operates a city motor vehicle is required to notify the City Clerk, immediately, of any motor vehicle violation conviction entered against the employee that involves driving while under the influence, 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 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 City Clerk of the suspension or revocation.
      (1)   Any DUI conviction, or refusal to submit to a lawful roadside sobriety test, shall 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 shall not be allowed to operate any over-the-road city vehicles.
      (3)   Employees who have obtained temporary driving permits or hardship licenses shall 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 shall be considered loss of a job required prerequisite for employees whose position requires operation of an over-the-road vehicle.
      (5)   Additionally, the employee must, at their own expense, arrange for and provide transportation so the employee is able to continue to fulfill the employee's job requirements.
   (H)   An employee who has been determined to be “at fault” in two or more accidents within a 24-month period while driving a city or privately-owned vehicle in the performance of official city business shall be subject to disciplinary action up to, and including, suspension of city driving privileges.
(Ord. 5-11-2023-A, passed 6-8-2023)