new prc vehicle policy(2)

8/3/2019 New PRC Vehicle Policy(2)

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Public Regulation Commission

POLICY AND PROCEDURE

SUBJECT: Operation of State Vehicles, Policy #20

PURPOSE: The purpose of this policy is to provide foraccountability and to establish uniform policies andprocedures governing the maintenance and use of allstate vehicles operated by Public RegulationCommission (PRC) employees; and to record use andmaintenance of state motor vehicles for divisions andbureaus.

REVISIONS: This policy supersedes PRC Policy 15 VehicleOperating Policy.

APPLICABILITY: All PRC Commissioners and employees who drive oroccupy state vehicles, without exception.

REFERENCES: NMSA 1978, Section 15-8-1 through 15-8-11

1.5.3 NMAC GSD NMSA 1978, Laws of 2007,

Chapter 208 1.5. 3 NMAC Section 13-6-1through 13-6-4, as amended.

CONTENTS:

I. Definitions

II. Documents required in State VehiclesIII. Fuel Credit Card Usage

IV. Use of Vehicles

V. Driver Safety

VI. MaintenanceVII. Complaints

I.

DEFINITIONS:

A. Alcohol: All consumable non-prescription substancesspecifically including, without limitation, spirits, wine, maltbeverages, and intoxicating liquors.

B. Approval Authority: The Division Director, Bureau Chief, or

Operation of State Vehicles

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designee with the written consent of the Chiefof Staff.

C. Authorized Driver: A PRC employee holding avalid New Mexico drivers license and a defensive driving

certificate who is permitted to use a state vehicle infurtherance of official state business. A valid New Mexicodrivers license does not include provisional, limited,restricted or administrative permits.

D. Certificate of Completion of Defensive Driving Course: Acertificate of completion of the defensive driving courseapproved by the General Services Department.

E. Commuting: The use of a state vehicle to travel betweenthe employees ordinary work place and home, but doesnot include a one time or occasional travel between workplace and home, prior or subsequent to traveling out oftown on state business. Commuting does not includetravel that is permitted under Moss v. U.S. -- Fed. Supp. --(1956). And does not include On-Call or as provided byIRS standards.

F. Illegal drug: Any drug, the possession or use of which isillegal under federal or state law.

G. Official purposes: includes uses that further the statesinterests and are not for employees sole benefit.

H. State vehicle: A motor vehicle owned, leased, or rented bythe State of New Mexico or any of its agencies ordepartments.

I. PRC Vehicle Coordinator or PRCVC: The individual assignedby the Chief of Staff or designee who is responsible forproviding motor vehicle information to the Chief of Staff

and agency.

K. State PRC: The State of New Mexico Public RegulationCommission includes all of its bureaus, divisions,departments, and the Commission.

L. IRS Regulations: If any provisions of this policy conflicts


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with IRS regulations, IRS regulations prevail.

II. DOCUMENTS REQUIRED IN STATE VEHICLES:

A. PRC vehicle coordinator shall ensure that current copies ofthe following documents are kept in the glovecompartment of all state vehicles.

1. Vehicle Maintenance-Manufacturers specifications for

maintenance.

2. Emergency Repairs-Instructions and procedures foremergency repairs of mechanical breakdowns duringand after normal business hours.

3. Accident Reports: The Auto Accidents in State

Vehicles package provided by the GSD, Riskmanagement Division.

4. If an Authorized Driver is incapacitated as the resultof an accident that occurs while they are operating astate vehicle or a private vehicle involved in statebusiness, a representative of the Agency shallrespond in the Authorized Drivers place and prepare

and file all required reports, forms and otherpaperwork.

5. Vehicle Mileage Log: Each vehicle will have a vehiclemileage log assigned to it that will be used to trackand monitor all vehicle activity and associated costs.At the very least the mileage log needs to containthe following information: date; employee name;beginning and ending mileage; destination; purposeof trip; type of fuel purchased; gallons; total cost;other vehicle costs and purchases. This mileage logshould also have a place on the form that allows thesupervisor to perform random verifications. Thismileage log would be used for audits comparingactual gas receipts against vehicle usage. Individualtrip tickets can also be used to substantiate vehicleusage.


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6. The PRC vehicle coordinator shall ensurethat a fuel credit card is in the vehiclewhile it is in operation with detailedinstructions and procedures for use ofthe fuel credit card, and a current list of statewide-

authorized vendors. The fuel credit card must remainwith the assigned vehicle at all times, not with thedriver. A Personal Identification Number (PIN); adistinct 6 digit number will be issued to eachauthorized driver which may be changed at thediscretion of the employee. Once a PIN has beenissued, the employee is not to share the PIN withanyone else or let someone else use the PIN.

III. Fuel Credit Card Usage:

A. It is the responsibility for the employee, operating thePRC/state vehicle to use the credit card for official businessand within the procedural limits established.

B. It is the responsibility of the employee, operating thePRC/state vehicle, to notify the issuing authority of a lost,stolen or damaged credit card within one working day ofthe discovery.

C. It is the responsibility of the Human Resources Bureau to provide amonthly report to the PRC vehicle coordinator of the new andterminated employees.

D. The fuel credit card is to be used only for State of NewMexico owned vehicles.

A fuel credit card may be used for the following purchases:

1. Regular unleaded gasoline, diesel fuel, alternativefuels, lubrication, motor oil, oil and filter change andwash jobs under $25.00 where such servicesnormally provided by an approved vendor aregeographically unavailable. All receipts are requiredfor non-fuel purchases; washer fluid, antifreeze andother fluids may be purchased on an emergency


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basis. Any unsupported transactioncharge, non fuel purchase, or othertravel of out of pocket item that is notsupported by a valid invoice for thesame amount will not be reimbursed, or if charged to

card will be invoiced and collected.

2. Emergency services to a maximum of one hundreddollars ($100) are to include justification and receiptfor the maintenance provided within one day ofreturn to the office.

3. Emergency services in excess of one hundred dollars($100) must be authorized by the PRC vehiclecoordinator or Administrative Services Director.

4. Except for disabled employees, fuel purchased atpublic service stations shall be from self-servicepumps.

5. Problems at the Pump: If a problem is encounteredat the time of purchase, the driver should contactWright Express immediately from the vendorlocation; use the 800 number on the back of thecard. This will allow Wright Express to determine ifthe problem is with the card, the PIN, the vendors

equipment, or the system. Most problems may behandled manually processing the purchase; this maybe done only with authorization from Wright Expressusing the 800 number.

6. Mileage Entry: When purchasing items with the fuelcard the employee is required to enter the exactcurrent mileage at the time of purchase (do notinclude tenths).

7. Use of a fuel credit card is subject to the policies andprocedures of the PRC, General Services Division andDepartment of Finance Administration. Misuse of a

fuel credit card may result in administrative,disciplinary actions up to and including dismissaland/or referral for criminal investigation by the PRC.


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IV. USE OF STATE VEHICLE:

A. Authorized Drivers and Passengers:

1. Only authorized drivers may drivestate vehicles.

2. Only state employees or those individuals for whomprior authorization has been obtained from GSD,Transportation Services Division may occupy a statevehicle in the furtherance of state business.

3. A passenger who is not a state employee must havewritten authorization from the GSD TransportationServices Division Director before occupying a statevehicle. To obtain authorization the employee mustreceive approval through the employees chain ofcommand and ASD PRCVC, will and must mail or faxa letter on agency letterhead to the GSDTransportation Services Division containing thefollowing:

The trips location, dates of travel, and purpose;

a. Explanation of how the passenger isaccompanying the employee in the furtheranceof state business;

b. The employee who will be driving the vehicleand his drivers license number;

c. The date the employee completed thedefensive driving course;

d. The license plate number of the vehicle to beused;

e. The facsimile and telephone number of theoffice where the employee is assigned; and


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f. The signature of the employeessupervisor.

g. This provision shall not beconstrued to prohibit or prevent the use or

occupancy of a state vehicle to renderemergency aid or assistance to any person.

5. Animals, except for those that assist thehandicapped, are not allowed in state vehicles,unless authorized by the GSD, TransportationServices Division upon written request.

6. Cell Phones: Authorized drivers shall only use a cellphone with a hands-free device while operating astate vehicle.

7. Smoking: Smoking and Smokeless tobacco productsare prohibited in state vehicles.

8. All Commission owned vehicles shall be maintainedin a safe, operable condition and maintenancerecords shall be kept. Vehicles leased from theTransportation Services Division (TSD) of GSD arethe responsibility of MTD for maintenance and recordkeeping purposes.

9. State Vehicle Mileage Logs will be the responsibilityof the PRC vehicle coordinator. All mileage logs willbe audited weekly and signed off on as correct andaccurate by the supervisor/manager. These logs sentfor review to the PRCVC monthly.

10. When multiple employees are traveling to the samelocation on PRC business they are to make everyeffort to car pool in state vehicles.

11. All state vehicles will be parked at the PRC Santa Fe parking lots forthe weekends or during periods of leave unless specifically approvedotherwise by the Chief of Staff or designee. These vehicles should beparked only in assigned parking spaces.


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12. Only employees in an On-Call status or required to leavefrom their residence for PRC business should have statevehicles parked overnight at their residence.

13. Any use of a state vehicle used to commute between

work and residence must be approved by the Chiefof Staff. (1.5.3.20 NMAC), or as provided by IRSregulations.

a. The PRCVC will maintain current records of allstate drivers and passengers by name andposition.

b. The number of miles each state authorizeddriver who commutes drives annually between

work and residence using a state vehicle willbe documented.

c. The number of times annually a stateauthorized driver who is given written approvalto use a state vehicle to commute between hisassigned post of duty and his primaryresidence and is called back when the stateemployee is off-duty.

d. Review all authorizations to use a state vehicle

to commute at least once a year; and

e. Report commuting information and subsequentchanges the state agency commuting policiesto TSD by the fifteenth of July of each year.

f. PRC employees using a state vehicle forcommuting purposes will be given a 1099 atthe end of each calendar year.

14. Compliance with State Laws:

a. PRC employees shall use state vehicles inaccordance with state statutes, GSD rules, and PRC policies, includingbut not limited to 1.5.3. NMAC and PRC Policy.


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b. The failure of an AuthorizedDriver to obey any applicable traffic laws, whether on oroff public rights-of-way, while operating or occupying astate vehicle may result in the suspension or revocationof the drivers state vehicle operating privileges, or other disciplinary

action.

c. All traffic citations received while operating astate vehicle shall be the personal responsibility of the individualauthorized driver who received them. An authorized driver shall claimno reimbursement, in any form, nor will any such reimbursement beauthorized to be paid for traffic citations. All authorized drivers shall bepersonally responsible for appearing in court on their own time. Anyauthorized driver who receives a traffic citation or parking ticket whileusing a state vehicle shall be personally responsible for the citation orticket. This shall include, but is not limited to, traffic citations, parkingtickets and any moving violations.

d. All Operators must exercise prudence and extreme caution whileoperating any state vehicle, and shall not abuse or misuse a statevehicle. An operator may be personally assessed for the loss ordamage of a state vehicle if driving while under the influence ofintoxicating liquor or drugs or if reckless driving (as cited) caused theloss or damage.

e. The state vehicle operating privileges of an Authorized Driver may be

suspended or revoked, and other disciplinary action may be taken, if astate vehicle is damaged or destroyed due to the negligence of theAuthorized Driver. Any such conduct may result in disciplinary action.

15. Official Use Only of State Vehicle:

Employees shall use state vehicles for officialpurposes only. Any person who uses a state vehiclefor private use may be subject to disciplinary actionup to and including termination.

16. Accident Reporting:


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a. In the event of ANY vehicleaccident, whether moving or notand whether damage occurs tothe state vehicle or not, theAuthorized Driver shall follow all steps as

stated in these Vehicle Operating Policies.

b. Any Agency employeeoperating a statevehicle, or a private vehicle that has beenauthorized to be utilized in advance for statebusiness, who is involved in any vehicleaccident or incident; or who experiences anyvehicledamage from an accident or otheroccurrence; or who is injured or whosepassenger(s) are injured in any way while apassenger riding in a state vehicle, shallimmediately inform their immediatesupervisor.

c. The employees supervisor shall be responsiblefor immediately informing the Division Directorand the PRCVC or his or her designee of theaccident or incident.

17. An Authorized Driver involved in any vehicle accidentor incident shall provide the following information to

the PRCVC or his or her designee within 48 hours ofthe accident or incident. The information shall besubmitted in writing. If for any reason theAuthorized Driver is unable to provide the writtenreport, the Authorized Drivers supervisor shallprovide the written report to include the followinginformation to the extent such information ifavailable:

a. Names, addresses and/or phone numbers of all

parties involved;

b. The type and nature of any injuries to theAuthorized Driver, any Passengers, or others;

c. A description of the facts of the incident;


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d. Where the accident/incidentoccurred;

e. Date and time of day the accidentor incident occurred;

f. A description of the damages to all vehicles;

g. If a Law Enforcement Officer investigated theaccident, the Officer's name and the Agency heor she was representing. If the Officer createdand filed any type of report, or any otherwritten documentation, of his or herinvestigation, the case number of the incidentinvestigation and where a copy of the reportmay be obtained.

18. In every instance in which the Authorized Driver of astate vehicle, or a private vehicle involved in statebusiness, has cause to believe that unclaimed orpotential claims of damage or injury to a statevehicle or private vehicle(s), to the passengers or toother people involved in an accident or incident mayhave occurred, the Authorized Driver shallimmediately notify their immediate supervisor whoshall in turn notify the PRCVC or his or her designee

of the situation.

a. The PRCVC or his or her designee shall immediately forward theAuthorized Drivers written narrative of the accident and any reports ordocuments associated with the accident or incident to General ServicesDepartments Risk Management Division and any other state agency orentity whose vehicle(s) may have been involved in the accident orincident.

b. In all cases, a police report shall be requested from the law

enforcement agency having jurisdiction over the area in which thevehicle accident occurred and submitted to the PRCVC.

c. Should the law enforcement agency having jurisdiction over the areain which the accident occurred be unable to respond within areasonable time frame, or to be unwilling to create or file an accidentreport, a PRC representative, shall note this fact in the written report.


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d. Once notified of the accident or incident, the PRCVC orhis or designee shall immediately notify other involvedstate agencies, (such as the General ServiceDepartments Transportation Services Division, Central Fleet Services

Bureau (Motor Pool) if a Leased vehicle in involved), and GeneralService Departments Risk Management Division of the accident orincident. Follow all investigative, reporting, and procedural guidelinesoutlines in 1.5.3.25 NMAC.

e. Failure to comply with the initial reporting requirements may result inthe suspension or revocation of the Operators state vehicle operatingprivileges or other disciplinary action.

The PRCVC shall review all reports and documentationprovided for in sections 13, 14, 15, 16 and 17 of thispolicy and prepare a written report.

Upon notification of any accident or incident involving astate vehicle, or a private vehicle involved in statebusiness, the PRCVC or his or designee shallinvestigate the accident or incident and prepare awritten report with respect to the accident orincident. The report shall make specificrecommendations and findings regarding the incidentor accident, including, where appropriate,

disciplinary recommendations.

a. Upon completion of the report, the PRCVC orhis/her designee shall provide a copy of thereport, including recommendations andfindings, to the Authorized Driver and theindividual or individuals involved in theaccident or incident, the Authorized DriversDivision Director, and the Chief of Staff.

b. Nothing in this policy shall supersede any otheraccident or incident reporting or notificationrequirements of the General ServicesDepartment Risk Management Division or anyother applicable law.


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21. Out-of-State/Out-of-Country Travel:An employee must obtain a waiver fromGSD, TransportationServices Divisionto drive a state owned vehicle out-of-state or out-of-country. The employee must keep the

waiver in the designated vehicle during the entiretrip.

22. Vehicles used by PRC employees are not to be usedfor regular commuting purposes. Their use is theresponsibility of their respective director or bureauchief.

23. If any employee loses any state-issued equipmentthat is part of a state-owned vehicle through

misplacement or theft, such loss must be reported tothe employees immediate supervisor within oneworking day.

24. The Administrative Services Division may conduct aninvestigation into all instances of reported loss.If the investigation determines that the employeewas negligent, this determination may be the basisfor initiating disciplinary action, including cost ofrepair/replacement by the employee.

B. Liability:It shall be the responsibility of all AuthorizedDrivers to ensure that, in addition to the proper andcurrent vehicle registration paper(s), a copy of theseVehicle Operating Policies and all required accident-reporting forms shall be maintained in the glovecompartment of each vehicle.

C. Vehicle Safety:

1. Windows of all state vehicles shall be closed anddoors locked at all times when not in use.

2. No motor vehicle shall be left unattended with themotor running or with the keys in the ignition switch.All unattended vehicles shall be locked, with keys


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removed and in the possession of theresponsible person.

3. All vehicles shall carry only the number

of passengers for which it was designed and is

equipped to accommodate.

4. Use of Privately Owned Vehicle for Official Business:Occasionally, employees may be permitted to useprivately owned vehicles for official business when astate vehicle is not available or practicable. In suchinstances, the following procedures apply:

a. Employees must have a current New MexicoState driver or chauffeurs license and proof ofliability insurance.

b. All federal, state and local laws as well asCommission regulations will be observed.

c. Use of privately owned vehicles andreimbursement for such use will be only bypermission of and in accordance withinstructions issued by the appropriate approvalauthority.

d. Any employee involved in an accident while operating a privatelyowned vehicle on official business must report such accident to his/herimmediate supervisor within one working day of said accident.

V. DRIVER SAFETY:

A. EMPLOYEE SEAT BELT RESTRAINT USE

1. All Authorized Drivers and Authorized Occupants ofstate vehicles shall wear seat belts.

2. Violations of seat belt law may result in loss of stateoperator privileges. It is the responsibility of theemployee to pay any fines.

B. All Agency employees must successfully complete theDefensive Driving Course offered by Risk Management..


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The Authorized Driver may be required toprovide proof of current Defensive Drivercertification before engaging in operation of astate vehicle.

C. The Agency may require an employee who seeks tooperate a motor pool vehicle to provide proof of currentcertification. If an employee needs to operate a statevehicle in furtherance of state business but has notsuccessfully completed the defensive driving course, theemployee must register for the next available defensivedriving course. The Agency must request waiver of thecertification requirement from the Transportation ServicesDivision Director; the waiver request shall include the stateemployees name and New Mexico drivers license number,and the date the state employee is scheduled to attend thedefensive driving course.

D. Each PRC employee is required to take a defensive drivingrefresher course every four (4) years. Employees musttake at least a four (4) hour course provided or approvedby the GSD Transportation Division. All state employeeswho are authorized to operate state-owned vehicles havefour (4) years from the effective date of this rule tobecome re-certified.

E. Employees who have an at-fault accident in a statevehicle on record with PRC shall take a refresher defensivedriving course as soon as possible after the accident, andmay at the Division Directors discretion, be preventedfrom driving state vehicles until successfully completingthe course.

VI. VEHICLE MAINTENANCE:

A. Each vehicle shall have a maintenance schedule that ensures that

maintenance procedures, necessary for the safe and continuedoperation of PRC owned state vehicles, are routinely carried out. EachBureau or PRCVC shall track vehicle maintenance and compliance withthat schedule. Employees shall not drive any state vehicle that hasbeen identified as a having a problem until it has been checked andrepaired.


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1. No vehicle will be repaired without firstcontacting and gaining approval of theDivision Director or his or her designeeunless an emergency exists.

2. In an emergency, the towing charges (withinreason), or repairs necessary to enable movement ofthe vehicle to a repair facility or safe parking areaare authorized.

3. Prior to using a state vehicle, all Authorized Driversshall determine that all tires are inflated properlyand are not excessively worn: that brakes, lights,windshield wipers, seat belts and steering arefunctioning properly; and check and maintain, atevery stop for gasoline

, all accessible engine fluidsand windshield washing fluid.

4. Authorized Drivers shall inspect vehicles fordamage(s) and safety concerns on a daily basisbefore the vehicle is operated.

5. Damage or improper care of a state vehicle shallresult in the suspension or revocation of theAuthorized Drivers state vehicle operating privileges.

6. All Divisions shall ensure that lube, oil, filter changesare performed every 5,000 miles on all leasedvehicles, and every 3,000 miles on vehicles ownedby the Commission. In addition, all Divisions shalltake all other preventive maintenance functions areperformed according to the service schedule includedin the vehicles owner's manual and/ or the serviceschedule provided by the PRCVC or his or herdesignee.

7. All Authorized Drivers shall be responsible to takethe following action(s) when it can be accomplishedwithin this policy:

a. Having flat tires changed and the cause of the

flat repaired if the tire can be safely used afterthe repair is affected;


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b. Taking prudent actions to chargea dead battery and return thevehicle to service;

c. Arranging for towing in the event of an enginefailure while on the road or away from theOperators base of operations;

d. Pay out-of-pocket, seek reimbursement withoriginal receipt, and completed non-travelreimbursement form where and whennecessary;

e. Supervisor shall be notified of any vehicle

problems to address issue immediately;

f. The PRC will cover the costs of replacingbatteries and tires, repairing tires, andcharging dead batteries.

g. The Operator shall be responsible for:

i. The maintenance of the interior andexterior of the vehicle in a clean andpresentable condition;

ii. The vehicle shall be returned in fulloperating condition, including fuel andfluid;

h. The PRCVC shall ensure that all state vehicleshave specially designed governmentregistration plates. State vehicles used forlegitimate undercover law enforcementpurposes may be approved for undercover

plates by the Chief of Staff or designee.

i. No commercial advertising or partisan politicalsign may be displayed or carried on any statevehicle or carried within the vehicle for deliveryor set-up on behalf of any political campaign.


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j. Unauthorized alteration of thevehicle specifications will not beallowed. The Division Director orhis or her designee mustauthorize all vehicle alterations, modifications,

conversions or improvements in advance.

VII. COMPLAINTS:

The PRCVC shall review all complaints regarding the use,maintenance or operation of state vehicles. The PRCVC will beresponsible for answering each complaint in writing no later thanthirty days after receipt of each vehicle complaint. Eachresponse must be submitted in writing with a detailedexplanation of each complaint circumstance.

Each complaint and subsequent response will be reviewed andstored in a database file system. Multiple complaints against asingle authorized driver may cause forfeiture of assigned vehicleand disciplinary action may be taken. Authorized Driverprivileges may also be suspended if deemed in the state's bestinterest.

__________________________________________________Revised: November 2003Revised: July 2004

Revised: January 2012


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