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HomeMy WebLinkAbout22-47422-474RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON ADOPTING POLICY NO. 409.05“COMPREHENSIVE DRIVING AND CITY VEHICLE USE” OF THE CITY OF DENTON POLICIES AND PROCEDURES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on March 22, 1994, the City Council initially approved a resolution adopting Administrative Policy No. 409.05 “Comprehensive Driving and City Vehicle Use”; and WHEREAS, this policy was last revised by staff on November 30, 2018 to update the Administrative Procedures section of the document; and WHEREAS, the City of Denton values the safety of employees and others and minimizethe risk of loss due to vehicle accidents; and WHEREAS, staff has developed revisions to the policy to update safety procedures and mirror state laws; and WHEREAS, the City Manager recommends adoption of a revised policy and the CityCouncil desires to adopt such policy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The Policy Statement in “Policy No. 409.05 Comprehensive Driving and City Vehicle Use”, which is incorporated in this section, is hereby adopted as an official policy of the City of Denton: POLICY STATEMENT: City Vehicles shall be used only for City business except as otherwise provided in the administrative procedures promulgated by the City of Denton, the Individual Assigned Vehicle Plan, General Orders of the Police Department, or as specified by the City Council. The risk of loss from vehicle accidents involving City employees will be minimized through driver record screening, hands-on training and education, defensive driving training, and standardized vehicle accident review procedures. It is the policy of the City of Denton to restrict the idling of all vehicles or equipment used by the City of Denton. Idling is the continuous operation of a vehicle’s engine when the transmission is not engaged, or the vehicle is in park and the engine is not being used to drive necessary auxiliary pumps. This policy applies to regular full-time, regular part-time, temporary, and seasonal employeeswho drive on City business as indicated on their job description. Police Officers and Firefighters are subject to the applicable provisions of Texas Local Government Code Chapter143, the Rules of the City of Denton Firefighters and Police Officers Civil Service Commission, and the general and special orders of the Police and Fire Departments, which may incorporate some or all of the provisions of this policy. L I SECTION 2. This Resolution only adopts and approves the “Policy Statement” portion ofthe Comprehensive Driving and City Vehicle Use Policy included in No. 409.05 of the City of Denton Policies and Procedures Manual. The “Administrative Procedures” portion of theComprehensive Driving and City Vehicle Use Policy is not a policy of the City Council but rather an administrative procedure describing the means and methods by which City management implements the Comprehensive Driving and City Vehicle Use Policy. The City Manager is authorized to amend and issue such administrative procedures and directives as deemed necessary to implement the Comprehensive Driving and City Vehicle Use Policy related to personnel and internal operationalmatters SECTION 3. The attached policy shall be filed in the official records with the City Secretary . SECTION 4. This Resolution shall become effective immediately upon its passage and approval. The mot@ t, appr,„, thi, R„,1„ti,„ w„ m,d, by ’jesse his ,„d „,,„d,dby BiKE Bea ; the Resohr oled b;--th; following vote LZ - Z]: Aye L/ ,/ 1./ t/ V’ V/ ./- Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of A?'\_, 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY b\\tIll IIla b _za/ APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY DENTON CITY OF DENTON 409.05 Comprehensive Driving and City Vehicle UsePolicy Number and Title: Policy Section and Chapter: I Risk Management Policy with Admin. ProceduresPolicy Type: 04/19/2022Last Revision Date POLICY STATEMENT City Vehicles shall be used only for City business except as otherwise provided in the administrative procedures promulgated by the City of Denton, the Individual Assigned Vehicle Plan, General Orders of the Police Department, or as specified by the City Council. The risk of loss from vehicle accidents involving City employees will be minimized through driver record screening, hands-on training and education, defensive driving training, and standardized vehicle accident review procedures. It is the policy of the City of Denton to restrict the idling of all vehicles or equipment used by the City of Denton. Idling is the continuous operation of a vehicle’s engine when the transmission is not engaged, or the vehicle is in park and the engine is not being used to drive necessary auxiliary pumps. This policy applies to regular full-time, regular part-time, temporary, and seasonal employees who drive on City business as indicated on their job description. Police Officers and Firefighters are subject to the applicable provisions of Texas Local Government Code Chapter 143, the Rules of the City of Denton Firefighters and Police Officers Civil Service Commission, and the general and special orders of the Police and Fire Departments, which may incorporate some or all of the provisions of this policy. ADMINISTRATIVE PROCEDURES Contents :1.0 Definitions 2.0 Driver's Licenses and Driving Records 3.0 Driver Safety and Training 4.0 Use of City Vehicles5.0 Use of Personal Vehicles 6.0 Vehicle or Equipment Accident Procedures 7.0 Daily Vehicle Inspection Report 1.0 DEFINITIONS 1.1 Authorized Personnel shall mean those persons authorized to use a City Vehicle in accordance with these procedures. 1.2 City BusIness shall mean any authorized work or activity performed by a City employee Page 1 of 16 orother person on behalf of the City. 1.3 City Vehicle or Vehicle shall mean any motor-driven equipment or vehicle owned, rented, or leased by the City. 1.4 Defensive Driving Course (DDC) shall mean a course of instruction (classroom or virtual) that focuses on operating a City Vehicle in a manner that utilizes safe drivingstrategies to enable operators to address identified hazards in a predictable manner. 1.5 Hands-free Device shall mean a device with a speakerphone capability, a telephoneattachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle,that allows use of the wireless communication device without use of either of the operator’s hands, except to activate or deactivate a function of the wireless communication device or hands-free device. (V. T.C.A Transp. Code §545.425). 1.6 On-Call Employees shall mean those employees subject to being summoned to perform City work or duties beyond their normal work hours. (See Response Time and On-Call Duty policy no. 106.06.) 1.7 PrImary Work Location shall mean the City of Denton facility where the employee generally reports to receive work assignments, materials, and/or performs administrative tasks incidental to the employee’s primary duties (such as turning in reports or leave request forms). 1.8 Intoxicating Substance is defined to means those substances that are being utilized for the intentional purpose of causing a physical or mind-altering state. (See Anti-Substance Abuse and Rehabilitation policy, no. 108.12). 1.9 Wireless Communication DevIce shall mean a device that uses a commercial mobile service, as defined by 47 U.S.C. Section 332 (V.T.C.A Transp. Code §545 .425). 2.0 DRIVERtS LICENSES AND DRIVING RECORDS 2.1 The City of Denton requires that all employees driving or operating a City Vehicle orequipment have an appropriate operator’s or commercial driver's license as required by the State of Texas. Employees who use their personal vehicles while conductingCity business shall maintain current liability insurance and a driver's license in accordance with Texas law. City employees are strongly encouraged to contact their insurance carrier to determine the necessity for a Business Use rider to their policy. The City will not assume responsibility for any deductible amounts necessitated by claims, and the employee shall bear the responsibility of pursuing claims against eithertheir carrier or the other driver in the event of a collision or other loss. Failure to maintain current liability insurance and a driver’s license may result in corrective action up to and including dismissal. Policy 409,05 Page 2 of 16 2.2 As part of the post-offer onboarding process, the Human Resources Department shall conduct a driver’s license check on new employees whose job description includes theoperation of City Vehicles or their personal vehicle to conduct City business. An applicant does not meet criteria and will not be considered for positions requiring driving, including having any contingent offers of employment rescinded, if the record reveals any of the following: 2.2.1 Three (3) or more moving violations, at-fault accidents (the accident and any subsequent tickets related to the accident will be considered one event), or anycombination in the previous 12 months. 2.2.2 Four (4) or more moving violations, at-fault accidents (including the subsequent tickets related to the accident), or any combination in the previous 36 months. 2.2.3 One (1) Driving While Intoxicated (DWI) or one (1) Driving Under the Influence (DUI) conviction in the previous 36 months, including probated sentences. 2.2.4 Suspended, expired, or non-Texas license. New hires will have 30 days to obtain aTexas license (provided they are residents of Texas). 2.3 New employees who do not meet the criteria in 2.2.1 through 2.2.4, but have one or more moving violations, at-fault accidents (including the subsequent tickets related to the accident), or any combination in the previous 36 months shall be counseled by HumanResources. 2.4 The Risk Management division will conduct an annual driver's license check through the Texas Department of Public Safety, or another acceptable source, for employees whose position requires driving on City business. Current employees will be subject to the same criteria as new employees as outlined in sections 2.2 and 2.3 above. Current employeeswhose driving record indicates any of the violations contained in 2.2.1 through 2.2.4 will be suspended from operating City Vehicles and/or their personal vehicle to conduct City business and may be subject to reclassification, transfer, or demotion to a non-driving position and/or other corrective action up to and including dismissal. 2.5 In addition to the disclosures required in the Corrective Actions policy (no. 109.01), employees shall self-disclose, without the necessity of an inquiry, any loss or limitation in driver's license status, any and all warrants for arrest for driving-related offenses, and any and all arrests, charges, or convictions for DWI, DUI, involuntary (vehicular)manslaughter, or reckless driving, whether such incidents arose out of work-related driving or not. Employees shall make such self-disclosure to their supervisor, Human Resources, or Risk Management within three (3) business days of the incident, offense, or conviction and shall not operate any City Vehicle or their personal vehicle to conduct City business until cleared to do so by Human Resources. Employees who fail to make such required self-disclosure within three (3) business days of the incident, offense, or conviction shall be subject to corrective action up to and including dismissal. Policy 409.05 Page 3 of 16 2.6 in the event the self-disclosure required in section 2.5 is made, and assuming no otherCity policies have been violated, the following criteria shall be utilized: 2.6.1 One DWI or DUI conviction within the previous 36 months – Mandatory referral to the City’s Employee Assistance Program (EAP). Once evaluated and released by the EAP counselor, the employee may return to duties requiring them to operatea City Vehicle and/or to drive their personal vehicle to conduct City business, provided the employee adheres to any treatment plan recommended by the EAP. Management has the right to require the employee to provide confirmation fromthe EAP or recommended provider that the employee is complying with thetreatment plan recommendation. 2.6.2 Two (2) DWI or DUI convictions within the previous 36 months – Suspension from operating City Vehicles or personal vehicle to conduct City business and may besubject to dismissal. 2.6.3 in each of the above situations, based on the frequency of DWI or DUI convictions, as well as the employee’s complete and overall driving and/or performance record, the Director of Human Resources, or their designee, the Deputy Director of Risk Management, or their designee, and the employee’s supervisor have the discretion to deviate from this criteria and apply a suspension from driving duties, corrective action up to and including termination, or any combination thereof. 2.6.4 in the event an arrest or charge for DWI, DUI, involuntary (vehicular)manslaughter, or reckless driving occurs while operating a City Vehicle or operating their personal vehicle to conduct City business, in addition to other possible corrective action, all driving duties for City business shall be suspended until the final disposition of the case. If the employee is convicted of DWI, DUI, involuntary (vehicular) manslaughter, or reckless driving, and the offense occurred while operating a City Vehicle or operating their personal vehicle to conduct Citybusiness, the employee shall be subject to automatic dismissal. 2.7 The requirements for self-disclosure in sections 2.5 and 2.6 above and in the Corrective Actions policy (no. 109.01) do not in any way affect the requirements of holders of a Texas Commercial Driver’s License (CDL) from notifying the City within 30 days of any conviction, in any jurisdiction, for a traffic violation (except parking) regardless of the typeof vehicle being operated or the suspension, revocation, or cancellation of license. Individuals who apply for positions or transfer to positions requiring a valid operator's ora commercial license and who do not already possess the requisite license must obtain the necessary license within a time period acceptable to the supervisor. The employee may notdrive until the license is obtained. A driver’s license check will be made before assignment to the new position. Policy 409.05 Page 4 of 16 3.0 DRIVER - SAFETY AND TRAINING 3.1 Department heads shall confirm that an employee or applicant has demonstrated the ability to operate vehicles and special equipment in a safe and competent manner by requiring the employee to operate the equipment to the satisfaction of their supervisor.Training will be conducted for those individuals who cannot satisfactorily operate such equipment. Under no circumstances shall an unsupervised employee be allowed to operate a vehicle or piece of equipment for which they are untrained or unqualified. 3.2 Employees who are required to operate City Vehicles (City or personal) as stated in their job description shall attend a DDC within 2 months of employment and every 2 years thereafter. Employees may arrange to attend a DDC conducted for employees by the City by enrolling online through the City’s web portal. Each department will maintain driver records and budget for the completion of DDCs. 3.3 All City drivers shall wear safety belts when any vehicle is in motion and require all occupants (including back seat passengers) to do likewise. This section applies to motor vehicles, other than motorcycles, as those terms are defined by Tex. Rev. Civ. Stat. Ann., Art. 6701 (d) §2, or its successor. 3.4 All City drivers shall comply with the City of Denton Code of Ordinances, Chapter 18“Motor Vehicles and Traffic,” Section 18-38 and the Texas Transportation Code (V.T.C.A Transp. Code §545.425, .4251, and .4252), prohibiting the use of wireless communication devices while driving unless employing a hands-free device. In addition to the City Ordinance, all City drivers shall also comply with the Texas Transportation Code with respect to wireless communication devices. 3.4.1 in accordance with the Texas Transportation Code: 3.4.1.a. An operator cannot use a wireless communication device while operatinga motor vehicle within a school crossing zone unless the vehicle is stopped, or the wireless communication device is used with a hands-free device. (V.T.C.A Transp. Code §545.425). The prohibitions in 3.4.1.a. do not apply if the use of the wirelesscommunication device is used: ( 1) by an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or (2) by an operator who is licensed by the Federal Communication Commission (FCC) while operating a radio frequency device otherthan a wireless communication device. 3.4. 1 .b An operator may not use a wireless communication device for electronicmessaging. This includes reading, writing, or sending an electronic message unless the vehicle is stopped and not occupying a lane of travel.(V.T.C.A. Transp. Code §545 .425 1 ) The prohibitions in 3.4.1.b. do not apply: Policy 409.05 Page 5 of 16 (1) to an operator of an authorized emergency or law enforcementvehicle using a portable wireless communication device while acting in an official capacity; or (2) to an operator who is licensed by the Federal Communication Commission while operating a radio frequency device other than awireless communication device. 3.4.1 .c.An operator may not use a wireless communication device while operating a motor vehicle on the property of a public elementary, middle, junior high, or high school for which a local authority has designated a school crossing zone, during the time a reduced speed limit is in effect for the school crossing zone. (V.T.C.A Transp. Code §545.4252) The prohibitions in 3.4.1.c. do not apply: (1) if the vehicle is stopped; (2) if the wireless communication device is used with a hands-freedevice; (3 ) to an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or (4) to an operator who is licensed by the Federal Communication Commission while operating a radio frequency device other than awireless communication device. 3.4.2 in accordance with the City of Denton Code of Ordinances: 3.4.2.a. It is prohibited to use a wireless communication device for any purpose while operating a vehicle on any street or highway within the City of Denton unless employing a hands-free device. 3.4.2.b.The prohibitions in 3.4.2.a. do not apply if the wireless communicationdevice is used: (1) for initiating or terminating a telephone call while the vehicle is stopped-, (2) for initiating or terminating a navigation aid with mapping software or a global positioning system while the vehicle is stopped: 3.4.3 The Transportation Code, this Ordinance, and this Policy shall not apply to an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity or an operator who is licensed by the Federal Communication Commission operating a radio frequency device other thana wireless communication device. 3.4.4 Any employee found guilty of violating the Texas Transportation Code or the CityOrdinance by a court of competent jurisdiction while operating a City Vehicle or their personal vehicle while on City business shall be responsible for paying the fine and any associated cost levied by the Court. Additionally, if warranted by the Policy 409.05 Page 6 of 16 employee’s overall safety, driving, and performance record, the employee may be subject to additional corrective action up to and including dismissal. 3.4.5 Any vehicle accident, property damage, injury, or unsafe driving operation that results from the use of a wireless communication device or any other electronic device by a City employee while operating a City Vehicle or their personal vehicle while conducting City business, may subject the employee to corrective action. Please note, any violations involving the use of a wireless communication device by an operator of a motor vehicle to read, write, or send an electronic message aresolely governed and regulated by the Texas Transportation Code as described above and are violations of state law. Additionally, any other violations involving the useof awireless communication device by an operator of a motor vehicle in a modeother than hands-free are violations of the City Ordinance. There are limited defenses and exceptions to state law and the City Ordinance. 3.5. 360'’ Walk Around and Spotter Use 3.5.1 Employees driving City Vehicles are required complete a 360'’ walk-around of the City Vehicle before driving. Use of a visual barrier (e.g., 360 sticker on driver side window, a cone placed in front of the vehicle, etc.) is encouraged as a reminder to the employee of this requirement. 3.5.2 The visual barriers do not replace or eliminate the need for Manual on Uniform Traffic Control Devices (MUTCD) traffic control requirements. 3.5.3 Unless the driver is alone, a spotter is required to assist with all backing operations regardless of the size of the vehicle. 3.5.4 if a driver loses sight of their spotter at any time during the operation, the driver must stop until the driver and spotter obtain eye contact. 3.5.5 Spotters are required to wear an ANSI/ISEA 107-2010 performance class 2 (or better) high-visibility vest for the entire duration of all backing operations. 3.5.6 Spotters are required even for City Vehicles with backup sensors or similar devicesor cameras . 4.0 USE OF CITY VEHICLES All employees who operate City Vehicles and motor-driven equipment must adhere to the minimum requirements and standards outlined in this section. Policy 409.05 Page 7 of 16 4.1 Rules and Regulations for the use of City Vehicles 4.1.1 No employee shall use a City Vehicle for commuting to or from their residence during off-duty work hours unless authorized to do so in accordance with these procedures and regulations. 4.1.2 Every employee who is responsible for a City Vehicle shall properly secure, lock,and remove the ignition keys from the vehicle at any time during which the vehicle is parked and unattended. 4.1.3 No employee shall use a City Vehicle to transport any person, except for the purpose of performing City business. 4.1.4 Every employee driving a City Vehicle shall use best efforts to park the vehicle off-street, except when otherwise necessary to perform City business. 4.1.5 Every employee who drives or is otherwise responsible for a City Vehicle shall use all reasonable care in operation and use of the City Vehicle and shall promptly report to the appropriate person or department any needed servicing, repairs, ormaIntenance. 4.1.6 Each employee operating a City Vehicle shall comply with all applicable trafficlaws. 4.1.7 An employee shall not transport alcoholic beverages or any other Intoxicating Substance within or upon a City Vehicle at any time. 4.1.8 Employees are not authorized to conduct personal business in City Vehiclesduring work hours except as specifically authorized by this policy. "Personal business" includes running personal errands and shopping. 4.1.9 During scheduled work shifts, an employee operating a City Vehicle is authorized to stop for reasonable, limited time periods for meals, to obtain refreshments, orfor restroom breaks. 4.1.10 Unless otherwise authorized, employees operating City Vehicles are not permitted to transport any individual(s) who is not a City employee(s). 4.1.11 Employees shall not tamper with, damage, or disable any vehicle safety devices. This shall include, but is in no way limited to, seat belts, airbags, cameras (back- up or other), alarms (back-up or other), GPS tracking systems, “black boxes,” etc. Employees shall immediately report to their supervisor any such device that is not fully operational. Policy 409.05 Page 8 of 16 4.2 Authorization for Take-Home Vehicles 4.2.1 An employee may be authorized to take a City Vehicle to their residence duringoff-duty hours when the employee has a job-related need for the vehicle after normal working hours. Employees may not be assigned take-home vehicles for the sole purpose of commuting to and from their Primary Work Location (seedefinition at 1.5 above). There are two different situations that involve a take-home vehicle: (1) Periodic and temporary on-call duty: Employees who are on-call to perform City business or duties beyond their normal work hours for a specific period of time (typically a week) may take a City Vehicle home for the time of their on-call assignment if it is necessary for theemployee to respond within a short period of time. (2) Frequent response to emergencies: Employees whose job duties require them to respond frequently and consistently to emergency situationsoutside their normal work hours may be assigned a City Vehicle as a take-home vehicle. Those employees must have a completedAuthorization for Take-Home Vehicle form on file with the Risk Management division and the Fleet Services Manager. 4.2.2 For each take-home vehicle, an Authorization for Take-Home Vehicle form must be completed, signed by the employee, and approved by the appropriate level ofsupervisor as follows: (1) if the employee resides within fifteen (15) miles of the employee’sPrimary Work Location (see definition at 1.5 above), the Authorization must be signed by the employee’s immediate supervisor and the department head for the employee’s division or department.(2) if the employee resides more than fifteen (15) miles away from the employee’s Primary Work Location, the Authorization must be signed as listed above and by the Director of Human Resources, the CityManager or their designee. 4.2.3 The supervisor shall email the form to the Fleet Services division and copy the Risk Management division. The division or department shall maintain a copy of all approved authorizations. The Authorization form must be updated any time there is a change to the circumstances (such as changes to the employee’s job duties or position, residence, or if the vehicle itself is changed). Fleet Services will forward the relevant information to the Accounting division when it is determined that the use of the vehicle is subject to federal income tax. See section4.4 below. 4.2.4 Divisions and departments shall conduct an annual review of the use of Take- Home Vehicles in order to determine whether the continued assignment of the Policy 409.05 Page 9 of 16 vehicle to a particular employee remains warranted. Issues that should be considered include the number of times that the employee is actually called out during off-duty hours, the employee’s job duties, and the mileage that is added to the vehicle from commute usage versus on-duty usage during off-duty hours. 4.2.5 Divisions and departments are responsible for providing the Risk Managementdivision and Fleet Services Manager with a list of the vehicles used for on-call assignments when employees are allowed to take those vehicles home while on temporary and periodic on-call duty. Every September 1 at the request of the FleetServices Department, the division and/or department shall forward a list of the vehicles to the Risk Management division and Fleet Services Manager. The list should be updated throughout the year at any time that a vehicle is added ordeleted from the on-call roster. 4.2.6 Employees authorized to take vehicles home are authorized to make reasonable, brief, and limited stops before or after assigned work shifts while traveling to and from work to conduct personal errands (e.g., limited grocery shopping, picking up dry cleaning, making bank transactions). If an employee is authorized andassigned to take a City-owned vehicle home, the employee shall make arrangements with their supervisor regarding where the vehicle shall be parkedor garaged while the employee is on extended leave, including vacations and medically related leaves. On-call employees who must respond to a return-to- work notification may use take-home vehicles for personal business if such use is required to meet the response times outlined in the division or department policies. Under no circumstances will family members or friends be transported in the take- home vehicle unless specifically authorized under the provisions of paragraph 4.0of this policy. 4.2.7 APPROVAL OF A TAKE-HOME VEHICLE SHALL BE MADE TO ASSURE THE PERFORMANCE OF CITY BUSINESS, AND SUCH AUTHORIZATIONOR USE SHALL NOT CONSTITUTE OR BE CONSIDERED A VESTEDEMPLOYMENT BENEFIT, ENTITLEMENT, OR RIGHT OF THEEMPLOYEE. SUCH AUTHORIZATION OR USE MAY BE DENIED.REVOKED, OR SUSPENDED AT ANY TIME FOR ANY REASON OR NOREASON, WITH OR WITHOUT PRIOR NOTICE. 4.3 Use of City Vehicles by Volunteer Personnel 4.3.1 Volunteers are authorized to drive City Vehicles provided that all requirements of the administrative directive on volunteer procedures have been met (See Volunteer Procedures, policy No. 409.07) and approved by the Risk Manageror designee. 4.3.2 Volunteer drivers are not considered to be City employees and thus are not covered by the Texas Workers’ Compensation Act. Volunteers who wish to file a claim for injuries or damages associated with their volunteer work must Policy 409.05 Page 10 of 16 contact the Risk b4anagement division. 4.3.3 Department heads who use volunteer drivers shall ensure that appropriate waiver forms are signed by the volunteer driver and all passengers prior to trip departure. 4.3.4 Department heads shall ensure that volunteer drivers are scheduled to attend a Defensive Driving Course as soon as possible if they are to drive City Vehicles on a regular basis. 4.4 Federal Taxation on the Personal Use of City Vehicles 4.4. 1 In accordance with Internal Revenue Service (IRS) Rules, employees are to be taxed on the value of their personal use of employer-provided vehicles for commuting to and from work, unless the vehicles qualify as a non-personal use vehicle as defined by IRS Reg. §l.274-5T. Employees are to be taxed at the daily “commuter” rate established by the IRS. 4.5 Vehicle Idle Reduction 4.5. 1 Idling is the continuous operation of a vehicle’s engine when the transmission is not engaged or the vehicle is in park and the engine is not being used to drive necessary auxiliary pumps. This policy applies to all staff who operate City of Denton vehicles or equipment. 4.5.2 Restrictions: a. No engine idling (other than a reasonable engine warm-up) is permitted. b. When a driver exits the vehicle, the engine will be turned off. c. Vehicles or equipment will not be left unattended while the engine Iunrllrlg. d. Vehicles waiting to be loaded or unloaded will have the engine turned off if the idling time will exceed five (5) minutes. IS 4.5.3 Exceptions: a. Idling the vehicle due to traffic congestion. b. Idling vehicle or equipment for maintenance/diagnostic purposes. c. Vehicles operated solely to defrost a windshield. d. Vehicle idling during use of a power take-off (PTO).e. Passenger vehicles requiring heat or air conditioning necessary for passenger safety. f. Clearly marked police, fire, and other vehicles that are required to idle to operate auxiliary equipment considered necessary for work crews orpublic safety. Auxiliary equipment may include light bars, strobe, directional lighting, or onboard refrigeration. g. Vehicles or equipment that have an extended manufacturer’s recommended warm-up and cool-down time. Policy 409,05 Page 11 of 16 h. Idling vehicles during extreme weather events ensure the proper functioning of the vehicle as well as driver and passenger safety. 5.0 USE OF PERSONAL VEHICLES 5.1 In accordance with Texas law, City employees are expected to carry liability insurance on any personal vehicle used to transact City business. Employees will contact their insurance carrier to determine the necessity for a Business Use rider to their policy. The City is not responsible for and will not assume any responsibility for employees’ insurance premiums. The City will not assume responsibility for any deductible amounts necessitated by claims, and the employee shall bear the responsibility of pursuing claims against either their insurance carrier or the other driver in the event ofa collision or other loss. 5.2 Reimbursement for occasional use . The City of Denton will pay employees for using their personal vehicles on City business at the IRS mileage rate, as may be amendedfrom time to time. 5.3 Employees using personal vehicles . The City will pay designated employees using personal vehicles the IRS mileage rate plus a set stipend per month for maintenance and insurance. Designated employees shall maintain current liability insurance throughout their term of employment. Failure to maintain current registration, vehicle inspections, liability insurance, and an appropriate driver's license may result in corrective action up to and including termination. 5.4 Maintenance and Insurance . The City pays for maintenance and insurance costs through mileage reimbursement payments. Consequently, the City will not pay employees for vehicle repair or maintenance costs. If the employee is out of town on City business, the City will pay reasonable towing costs to the nearest garage. 5.5 Volunteers . Persons who donate their time and services to the City are not covered by the Workers’ Compensation Act or by the City's Self-Insurance Program, and the City assumes no liability for the use of their personal vehicle during any volunteer activity. 6.0 VEHICLE OR EQUIPMENT ACCIDENT PROCEDURES 6.1 When involved in a vehicle collision, each City employee operating a City Vehicle or equipment and each City employee operating a personal vehicle in the course of transacting City business shall to do the following: 6.1.1 if able, contact the other party to check on their well-being and determine if medical assistance is needed by any party. Make no statements regarding fault. 6.1.2 Notify local law enforcement authorities for all vehicle collisions; notify emergency medical services if needed. Policy 409,05 Page 12 of 16 6.1.3 Notify their supervisor immediately. 6. 1 .4 Provide necessary traffic control to protect the accident scene from additional damage until the proper authorities arrive. If leaving the vehicle at the initialsite of damage causes risk to the safety of the employee or the public, the employee shall document the scene by taking pictures of the accident scene (including the positioning of the vehicles and all damage to vehicles and/or property) and move the vehicle to a place of safety nearest to the accidentscene 6.1.5 Remain at the scene of the accident until released by a competent authority. 6.1.6 Obtain the names and addresses of the other party and any witnesses. 6.1.7 Under no circumstances give statements or talk with anyone about the accident after leaving the scene without first obtaining approval from the City Attorney’s Office or Risk Management. 6.1.8 Refuse to sign or place their signature upon any papers or documents related to the accident, except for official police reports and ticket citations, without prior approval from the City Attorney’s Office or Risk Management. 6.1.9 Shall not drive on City business until a drug test has been performed. 6.1.10 Assist the supervisor in the completion of the City of Denton Accident-Injury report. 6.2 The Supervisor shall: 6.2. 1 if the employee was injured, ensure the employee receives the appropriatemedical care. 6.2.2 Notify the Risk Management division immediately during regular office hours. Accidents resulting in death or severe personal injuries shall be reported to the Risk Management division as soon as possible, regardless of the time. 6.2.3 if necessary, go to the scene of the accident to assist in the investigation. Take pictures of the accident scene as required. 6.2.4 Notify the Safety division immediately for possible substance abuse testing, inaccordance with the Anti-Substance Abuse and Rehabilitation policy (no. 108.12). If a Safety team member is not available, the supervisor shall contact the Risk Management division. 6.2.5 Complete and submit the Accident-Injury report to the Risk Managementdivision no later than the end of the current shift. Policy 409,05 Page 13 of 16 6.2.6 if the City Vehicle is damaged, ensure that the vehicle is evaluated by Fleet Maintenance for repair and notify the Risk Management division. 6.3 Police Officers shall: 6.3.1 Investigate all accidents occurring within its jurisdiction involving a City Vehicle and property not owned by the City. 6.3.2 Notify the employee’s supervisor if the employee is physically unable to do so. If unable to contact a supervisor, notify the Risk Management division as soon as practicable. 6.3.3 Forward a copy of any reports, including amended reports, involving City Vehicles to the Fleet Services and Risk Management divisions. 6.4 Location of emergency equipment inside City Vehicles 6.4. 1 Emergency equipment (e.g., fire extinguishers, first aid kits) shall be placed in all designated City Vehicles within easy access in case an emergency occurs. 6.4.2 All employees driving City Vehicles so equipped shall be trained in the proper use of emergency equipment. 6.4.3 Each piece of emergency equipment shall be inspected, maintained, and stored properly. Each item shall be inspected monthly by the driver to verify equipment is in working condition. Marking stickers shall be placed on the vehicles to indicate where emergency equipment is stored on the vehicle. 6.4.2 All emergency equipment must be secured inside the vehicle to prevent sliding or a hazardous condition for passengers and drivers. 7.0 DAILY VEHICLE INSPECTION REPORT (DVIR) 7.1 Daily Vehicle Inspection Report (DVIR) 7.1.1 The City of Denton is committed to having a safe and well-maintained fleet. That includes continually improving the preventative maintenance program for all City Vehicles. 7.1.2 This section applies to City employees who operate City Vehicles that weigh over 26,001 lbs. 7.1.3 Supervisors oversee this section and are responsible for enforcing this section equally among all City employees. Policy 409. 05 Page 14 of 16 7.1.4 Employees who operate a City Vehicle over 26,001 lbs. shall complete a Daily Vehicle Inspection Report (DVIR) (i.e. pre-trip and post-trip inspection) either electronically or on paper to ensure all vehicles are safe to operate. The supervisor shall be responsible for ensuring the department designated DVIR is complete. 7.1.5 The supervisor shall be responsible for communication of this requirement and ensure that no employees are put into a hazardous situation by operating equipment that needs to be repaired. 7.1.6 All reports must be retained in accordance with record retention requirements. 7.2 Requirements 7.2.1 The DVIR must be completed before an employee starts their on-duty operation of a City Vehicle or combination of City Vehicles that have a Gross Vehicle Weight Rating (GVWR) of 26,001 lbs. or more. 7.2.2 The driver must complete a separate DVIR for each City Vehicle and/or piece of equipment that they operate or tow during each working period. 7.2.3 Any defects that are identified during the inspection should be documented in the DVIR remarks section. 7.2.4 When a defect is discovered, the driver must notify Fleet Services to determine how to proceed with any necessary repair(s) based on the defect and ensure safe operation of the vehicle and/or equipment. This can be done by submitting a Fleet service request through the City of Denton’s HUB page or having a Fleet Services employee physically evaluate the defect. Fleet Services staff may release a vehicle with a noted defect for use (in anticipation of a repair) provided the defect does not create an operational hazard. 7.3 Exceptions 7.3.1 Vehicles that have a GVWR of under 26,001 lbs. are exempt from this section. Although it is recommended for all vehicles to receive an inspection to verify it is running effectively. REFERENCES • • • • Policy No. 106.06 Response Time and On-Call Duty Policy No. 108.12 Anti-Substance Abuse and Rehabilitation Policy No. 109.01 Corrective Actions Policy No. 409.07 Volunteer Procedures Policy 409.05 Page 15 of 16 REVISION HISTORY Revision Date 04/19/2022 Policy Owner D. Skawinski,HR/Risk Summ . Revised Policy Statement Adopted by City Council on04/05/2022 • Last Revision Date • Initial Effective Date 11/30/201 8 03/23/1994 Policy 409. m Page 16 of 16