(A) Generally. Employees and authorized volunteers should avoid transporting immediate family members in county-owned vehicles. This is the case because state law exempts from liability the possible claims made by immediate family members who are passengers in a vehicle operated by their immediate family member and such claims are excluded from liability coverage by the county’s automobile liability insurance policy. Recognizing that under exigent circumstances a county employee or volunteer may need to transport a family member who is a minor child, said employee or volunteer must execute the attached “waiver and release of liability form for the county” (see Appendix A below) prior to transporting any minor children.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE DRIVER(S). Any and all paid or unpaid employees, applicants for employment, rostered volunteers, and other persons who may be required or permitted to operate any motor vehicle while performing that person’s duties on behalf of the county.
(C) Valid operator’s license.
(1) Each employee driver of the county shall at all times maintain a current valid state operator’s license. Any employee driver failing to maintain a current valid operator’s license shall be prohibited from operating any motor vehicle while performing any duties on behalf of the county.
(2) Any employee driver whose operator’s license is suspended, revoked, or otherwise invalid is immediately prohibited from operating any vehicle while performing that person’s duties on behalf of the county. Each employee driver shall immediately notify his or her immediate supervisor if his or her operator’s license has been suspended, revoked, or becomes invalid in any manner. Each employee driver is responsible for knowing the status of his or her operator’s license.
(3) In order to ensure compliance with the foregoing requirements, each employee driver shall provide to the county’s designated representative a copy of his or her operator’s license, and shall further execute at least once per year, and more frequently as required by the county, the attached valid license statement and consent for driver’s license record check. It shall be the responsibility of each office holder or department head to obtain and review a State Bureau of Motor Vehicles driver’s license abstract for each applicant for employment for an employee driver position. It shall further be the responsibility of each office holder or department head to obtain and review a State Bureau of Motor Vehicles driver’s license abstract for all existing employee drivers at least one time per calendar year.
(4) Prior to obtaining the driving record of an employee driver, a written authorization will be obtained from that employee driver. Any time any of the above actions are taken, the employee driver will be provided with a pre-adverse action disclosure which includes a copy of the driver’s MVR and a copy of a “summary of your rights” under the Fair Credit Reporting Act, being 15 U.S.C. §§ 1681 et seq. In addition, that employee driver will be given notice either orally, in writing or electronically that the action has been taken in an adverse action notice.
(D) Duty to operate safely and legally. Each employee driver is required to operate motor vehicles in a safe and legal manner whether on or off duty with the county. This includes the use of seatbelts by all employee drivers and their passengers at all times required by law and compliance with any restrictions on the employee driver’s operator’s license. Any employee who is found guilty or pays a bond forfeiture on an offense for which points may be charged under 140 I.A.C. 1-4.5-10 and shall immediately report that fact to his or her supervisor. This requirement shall apply to all offenses described above regardless of whether the offense is committed while the employee driver is on or off duty with the county.
(E) Operation under the influence of substances, distracted driving, and other unsafe practices. Employee drivers shall not operate any motor vehicle while performing duties on behalf of the county while impaired due to alcohol, prescription or nonprescription drugs, or any other legal or illegal substance(s). Employee drivers shall not at any time engage in any activates that distract their attention from the operation of any motor vehicles while performing duties on behalf of the county. This shall include, but not be limited to, the use of cellular telephones, computers, electronic navigation devices, and/or text messaging devices.
(F) Accident reports. An employee driver involved in a motor vehicle accident while performing duties on behalf of the county shall cooperate in the filing of all law enforcement reports required by law and, in addition, shall immediately inform his or her supervisor and complete a full and accurate report on the form prescribed by the county or its insurance carrier.
(G) CDL license. Employee drivers required to have a CDL should abide by all county, state, and federal requirements pursuant to the CDL and submit to all tests as required.
(H) Discipline. The failure to comply with any of the foregoing requirements, a conviction, or payment of bond forfeiture as described above and/or the imposition of a driving prohibition as described above may result in disciplinary action including, but not limited to, placement on restricted duty, administrative leave, suspension, or termination.
(I) Mobile phone use. Employees should not text or use hand-held cell phones while driving, except in an emergency. Should an employee need to take or make a business call while driving, the employee should pull over and park whenever possible or use a hands-free speaking device such as a speakerphone/earpiece.
(J) County to provide certain employees qualified nonpersonal-use vehicles. This section is based on federal regulations issued by the I.R.S. that are subject to change by the I.R.S. and said federal rules or regulations take precedence over this policy; however, at the time of adoption of this section, the I.R.S. rules provide as follows.
(1) Non-taxable use of a county vehicle.
(a) An employee’s use of a qualified nonpersonal-use vehicle is a working condition benefit. A qualified nonpersonal-use vehicle is any vehicle the employee is not likely to use more than minimally for personal purposes because of its design.
(b) Qualified nonpersonal-use vehicles as governed by I.R.S. generally include all of the following vehicles:
1. Clearly marked, through painted insignia or words, police, fire, and public safety vehicles;
2. Unmarked vehicles used by law enforcement officers if the use is officially authorized;
3. An ambulance or hearse used for its specific purpose;
4. Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds;
5. Delivery trucks with seating for the driver only, or the driver plus a folding jump seat;
6. A passenger bus with a capacity of at least 20 passengers used for its specific purpose;
7. School buses;
8. Tractors and other special-purpose farm vehicles; and
(c) Bucket trucks, cement mixers, combines, cranes and derricks, dump trucks (including garbage trucks), flatbed trucks, forklifts, qualified moving vans, qualified specialized utility repair trucks, and refrigerated trucks.
(2) Pickup trucks.
(a) A pickup truck with a loaded gross vehicle weight of 14,000 pounds or less is a qualified nonpersonal-use vehicle if it has been specially modified so it is not likely to be used more than minimally for personal purposes.
(b) For example, a pickup truck qualifies if it is clearly marked with permanently affixed decals, special painting, or other advertising associated with your trade, business, or function and meets either of the following requirements:
1. It is equipped with at least one of the following items:
a. A hydraulic lift gate;
b. Permanent tanks or drums;
c. Permanent side boards or panels that materially raise the level of the sides of the truck bed; and
d. Other heavy equipment (such as an electric generator, welder, boom, or crane used to tow automobiles and other vehicles).
2. It is used primarily to transport a particular type of load (other than over the public highways) in a construction, manufacturing, processing, farming, mining, drilling, timbering, or other similar operation for which it was specially designed or significantly modified.
(3) Taxable commercial rule.
(a) Under this rule, if the vehicle is not qualified as an exempt nonpersonal-use vehicle, then the county is to determine the value of any vehicle it provides to an employee for commuting use by multiplying each one-way commute (that is, from home to work or from work to home) by $1.50. If more than one employee commutes in the vehicle, this value applies to each employee. This amount must be included in the employee’s wages or reimbursed by the employee.
(b) 1. The county is to use the commuting rule if all the following requirements are met.
a. The county provides the vehicle to an employee for use for county business and, for bona fide noncompensatory business reasons, the county requires the employee to commute in the vehicle. The employee will be treated as if the employee had met this requirement if the vehicle is generally used each workday to carry at least three employees to and from work in an employer sponsored commuting pool.
b. The county establishes a written policy under which the county does not allow the employee to use the vehicle for personal purposes other than for commuting or de minimis personal use (such as a stop for a personal errand on the way between a business delivery and the employee’s home). Personal use of a vehicle is all use that is not for county business.
c. The employee does not use the vehicle for personal purposes other than commuting and de minimis personal use.
d. If this vehicle is an automobile (any four-wheeled vehicle, such as a car, pickup truck, or van), the employee who uses it for commuting is not a control employee as defined under tax regulations. A control employee includes an elected official.
e. For this rule, a vehicle is any motorized wheeled vehicle, including an automobile manufactured primarily for use on public streets, roads, and highways.
2. A control employee for a government employer for 2013 (most recent year available) is either of the following:
a. A government employee whose compensation is equal to or exceeds Federal Government Executive Level V. See the office of Personnel Management website at www.opm.gov/oca/payrates/index.asp for 2013 compensation information; and
b. An elected official.
(4) Sheriff’s Department. The County Sheriff’s Department has its own set of standard operating procedures that apply to use of vehicles by County Sheriff’s deputies. The current SOP of the Sheriff’s Department is attached Resolution 02-18-2014 as “A”.
(Res. 02-18-2014, passed 2-18-2014)