DAR File No. 41105
This rule was published in the January 15, 2017, issue (Vol. 2017, No. 2) of the Utah State Bulletin.
Administrative Services, Fleet Operations
Rule R27-1
Definitions
Notice of Proposed Rule
(Amendment)
DAR File No.: 41105
Filed: 12/16/2016 11:37:06 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of the rule change includes replacing "DFO" with "division" and the clarification of definitions.
Summary of the rule or change:
The changes include replacing "DFO" with "division", adding an age restriction condition, clarifying the definition of "Commute Use", adding the definition of "Employee", and clarifying the definition of "Take-home Use".
Statutory or constitutional authorization for this rule:
- Section 63A-9-401
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget because the changes pertain to definitions of terms and are technical in nature.
local governments:
There are no anticipated costs or savings to local government because the changes pertain to definitions of terms and are technical in nature.
small businesses:
There are no anticipated costs or savings to small businesses because the changes pertain to definitions of terms and are technical in nature.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated costs or savings to persons other than small business, businesses, or local government entities because the changes pertain to definitions of terms and are technical in nature.
Compliance costs for affected persons:
There are no anticipated costs or savings for affected persons because the changes pertain to definitions of terms and are technical in nature.
Comments by the department head on the fiscal impact the rule may have on businesses:
I believe there are no potential fiscal impacts as a result of the changes to this rule.
Tani Pack Downing, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Administrative ServicesFleet Operations
Room 4120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201
Direct questions regarding this rule to:
- Jeff Mottishaw at the above address, by phone at 801-538-3601, by FAX at , or by Internet E-mail at [email protected]
- Simone Rudas at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
02/14/2017
This rule may become effective on:
02/21/2017
Authorized by:
Jeff Mottishaw, Director
RULE TEXT
R27. Administrative Services, Fleet Operations.
R27-1. Definitions.
R27-1-1. Authority.
(1) This rule is established pursuant to Section 63A-9-401, which requires the Department of Administrative Services, Division of Fleet Operations, to establish rules regarding the State Fleet.
R27-1-2. Definitions.
In addition to the terms defined in Section 63A-9-101, as used in Title 63A, Chapter 9, or these rules the following terms are defined.
(1) "Accident" means any occurrence, in which a state vehicle is involved in a mishap resulting in harm or injury to persons, or damage to property, regardless of total cost of treatments or repairs. It may also be referred to as an incident.
(2) "Accident Review Committee (ARC)" means the panel formed by each agency to review accidents in which agency employees are involved and make a determination as to whether or not said accidents were preventable.
(3) "ACD Codes" means the American Association of Motor Vehicle Administrators Code Dictionary Codes.
(4) "Agency" has the same meaning as provided in Section 63A-9-101(1)(a),(b), and (c).
(5) "Agency Motor Vehicle Policy (AMV)" means any policy written by an agency that covers any agency-specific needs involving the use of a state vehicle that are not addressed by state vehicle rules. Agencies shall not adopt policies that are less restrictive than the State vehicle rules.
(6) "Alternative Fuel Vehicles
(AFV)"means any vehicle designed and manufactured by an
original equipment manufacturer or a converted vehicle designed to
operate either on a dual-fuel, flexible-fuel, or dedicated mode
while using fuels other than gasoline or diesel. Examples of
alternative fuel types are electricity, bio-diesel, fossil-fuel
hybrids, compressed natural gas, propane, hydrogen, methanol,
ethanol, and any other vehicle fuel source approved by the Federal
government's Department of Energy (DOE). AFVs shall be
identified and tracked in [DFO's ]the division's fleet information system.
(7) "Authorized Driver" means
any employee, as defined in Section 63G-7-102, of an agency who has
been identified by the agency in [DFO's ]the division's Fleet Information System as having the
authority, within his or her scope of employment, to operate a
state vehicle on the agency's behalf, who holds a valid driver
license,
meets the necessary age restrictions, and has completed the
specific training and other criteria required by [DFO]the division, Risk Management, or employing agency for the vehicle type that will be
operated. An Authorized Driver may also be referred to as operator,
employee or customer.
(8) "Authorized Passenger" means any state employee acting within the scope of his or her employment, or any other person or animal whose transport is either necessary for the performance of the authorized driver's employment duties, or has been pre-approved by the appropriate department head to accompany an authorized driver.
(9) "Capital only lease vehicle"
means any vehicle with a lease designed to recover depreciation
cost, (vehicle cost less salvage value spread over the estimated
useful life of the vehicle, less the incremental cost of
Alternative Fuel Configuration), plus overhead costs only. Capital
only leases are subject to [DFO]division approval.
(10) "Citizen Complaints" means
complaints lodged by citizens through the [DFO]division website.
(11) "Commute Use" means [an employee driving]use of a state vehicle
by an employee driving [from]between the employee's [place of business to the employee's place of
]residence
and the employee's assigned work location more than five
calendar days per month.
Commute Use is subject to the Commuting Rule as outlined in IRS
Publication 15-B.
(12) "Compressed Natural Gas Vehicle (CNG)" means any vehicle that may be fueled with compressed natural gas.
(13) "Department" means the Department of Administrative Services.
(14) "Division" has the same meaning as provided by Section 63A-9-101(4).
(15) "Driver Eligibility Board (DEB)" means the panel formed for the purpose of determining a state vehicle driving privileges.
(16) "Driver[s] License Points" means points placed on a
drivers record by the Department of Motor Vehicles in response to
driving violations.
(17) "Emergency Vehicle" means any state vehicle which is primarily used for the purpose of providing law enforcement and public safety services as defined in Section 41-6a-102(3), or fire service, or emergency medical services.
(18) "Employee" has the same meaning as provided by Section 63G-7-102(2).
(19) "Expansion vehicle" means any vehicle purchased when an agency requires an additional vehicle in order to complete the duties assigned to the requesting agency and will increase the size of the state fleet. The purchase of an expansion vehicle requires legislative approval.
[(19)](20) "Extreme Duty Vehicle"
, a designation used for preventive maintenance purposes,
means, but is not limited to, emergency vehicles and vehicles
driven primarily off-road.
[(20)](21) "Feature" means any option or accessory that
is available from the vehicle manufacturer.
[(21)](22) "Fixed costs" means, for the purposes of this
rule, costs including depreciation, overhead, licensing,
betterment, insurance, and title costs, as well as registration
fees.
[(22)](23) "Fleet Vehicle Advisory Committee" means the
panel formed for the purpose of advising [DFO]the division, after input from user agencies, as to the
vehicle, included features, and equipment that will constitute the
standard vehicle for each class in the fleet.
[(23)](24) "FO number" means a vehicle specific number
assigned to each state vehicle for tracking purposes.
[(24)](25) "Fuel Network" means the state program that
provides an infrastructure for fueling state vehicles.
[(25)](26) "Full Service Lease" means a type of lease
designed to recover depreciation costs, overhead costs and all
variable costs.
[(26)](27) "Heavy-duty Vehicle" means any motor vehicle
having a gross vehicle weight range (GVWR) greater than 8,500
pounds. In addition to vehicles licensed for on road use, includes
non-road vehicles, as defined in R27-1-2(30), with a GVWR greater
than 8,500 pounds. Heavy-duty vehicles shall be tracked in [DFO's]the division's fleet information system.
[(27)](28) "Light-duty Vehicle" means any motor vehicle
having a gross vehicle weight rating (GVWR) of 8,500 pounds or
less. In addition to vehicles licensed for on road use, includes
non-road vehicles, as defined in R27-1-2(30), with a GVWR of 8.500
pounds or less. Light-duty vehicles shall be tracked in [DFO's]the division's fleet information system.
[(28)](29) "Miscellaneous Equipment" means any
equipment, enhancement or accessory that is installed on or in a
motor vehicle by persons other than the original vehicle
manufacturer, and other non-fleet related equipment. Includes, but
is not limited to, light bars, 800 MHz radios, transits, surveying
equipment, traffic counters, semaphores, and diagnostic related
equipment. Miscellaneous Equipment shall be tracked in [DFO's]the division's fleet information system.
[(29)](30) "Motor Pool" generally, means any vehicle
that is made available to agencies for lease on a short-term
basis.
[(30)](31) "Motor Vehicle" has the same meaning as
provided by Section 63A-9-101(6).
[(31)](32) "Motor Vehicle Review Committee (MVRC)" means
the panel formed to advise the [Division of Fleet Operations (DFO)]the division, as required by Subsection 63A-9-301(1). The
duties of the MVRC are as specified in Section 63A-9-302.
[(32)](33) "Moving Violation" means an infringement of
the law while operating a moving vehicle.
[(33)](34) "Non-Preventable Accident" means any
occurrence involving an accident/incident in which everything that
could have been reasonably done to prevent it was done and the
accident/incident still occurred. Non-preventable accidents shall
include vandalism of state vehicles being used to conduct state
business.
[(34)](35) "Non-road vehicle" means a vehicle,
regardless of GVWR, that is not licensed for on-road use. Includes,
but is not limited to, vehicles used principally for construction
and other non-transportation purposes. Golf carts, farm tractors,
snowmobiles, forklifts and boats are examples of vehicles in this
category. Non-road vehicles shall be tracked in [DFO's]the division's fleet information system.
[(35)](36) "Other Equipment" means vehicles and
equipment not specifically identified in other standard reporting
categories.
[(36)](37) "Personal Use" means the use of a state
vehicle to conduct an employee's personal affairs, not related
to state business.
[(37)](38) "Preventable Accident" means any occurrence
involving a state vehicle, which results in property damage and/or
personal injury, regardless of who was injured, what property was
damaged, to what extent, or where it occurred, in which the
authorized driver in question failed to do everything that could
have reasonably been done to prevent it.
(a) Preventable accidents are not limited to collisions.
(b) As used in this rule, "preventable accidents" include, but are not limited to: damage to the interior of the state vehicle due to improperly locked doors, smoke or burn damage caused by smoking in the vehicle or lack of general care of the vehicles interior.
[(38)](39) "Preventive Maintenance (PM)" means vehicle
services that are conducted at regular time intervals to deter
mechanical breakdowns, including, but not limited to, lube, oil and
filter changes.
[(39)](40) "Regular Duty Vehicle" a designation used for
preventive maintenance purposes, means a vehicle that is driven
primarily on paved roads under normal driving conditions.
[(40)](41) "Replacement cycle" means the criteria
established to determine when the replacement of a state vehicle is
necessary. A replacement cycle has a time and mileage element, and
is established according to vehicle type and use.
[(41)](42) "Replacement vehicle" means a vehicle
purchased to replace a state vehicle that has met replacement cycle
criteria.
[(42)](43) "Service Level Agreement (SLA)" means an
agreement, signed annually, between an agency and [DFO]the division, in which the agency agrees to follow all
rules, policies and procedures published by [DFO]the division concerning the use of state vehicles. This
document also clearly defines the level of service between [DFO]the division and agencies.
[(43)](44) "Standard State Fleet Vehicle" is the vehicle
designated by [DFO]the division as the default replacement vehicle for the
state.
[(44)](45) "State of Utah Fuel Card" means a purchase
card issued to vehicles by the fuel network program, to be used
when purchasing fuel. Fluids and minor miscellaneous items that may
also be purchased with the "State of Utah Fuel Card"
cannot exceed the monthly monetary limits placed on such purchases
by [DFO]the division/Fuel Network, unless otherwise authorized.
[(45)](46) "State vehicle" for the purposes of this
rule, has the same meaning as provided by Subsection
63A-9-101(7).
[(46)](47) ["Take-home vehicle" means a state vehicle
assigned to be driven to and from an employee's place of
residence and their assigned work location for more than five
calendar days per month.]"Take-home Use means use of a state vehicle by an employee
driving a state vehicle between the employee's place of
residence and the employee's assigned work location more than
five calendar days per month. Take-home Use is exempt from the
Commuting Rule as outlined in IRS Publication 15-B.
[(47)](48) "Unique Motorized Equipment" (UME) means
high-cost vehicles and equipment such as trains; locomotives;
airplanes; jets; mobile power stations and helicopters. Unique
equipment shall be tracked in [DFO's]the division's fleet information system.
[(48)](49) "Variable costs" means costs including, but
are not limited to fuel, oil, tires, services, repairs, maintenance
and preventive maintenance.
[(49)](50) "Vehicle Identification Number (VIN)" means
the number issued by the vehicle manufacturer to identify the
vehicle in the event of a theft; this number can be found on the
driver's side of the dashboard below the windshield.
[(50)](51) "Vendor" means any person offering sales or
services for state vehicles, such as preventive maintenance or
repair services.
KEY: definitions
Date of Enactment or Last Substantive Amendment: [April 20, 2009]2017
Notice of Continuation: November 6, 2015
Authorizing, and Implemented or Interpreted Law: 63A-9-401
Additional Information
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Jeff Mottishaw at the above address, by phone at 801-538-3601, by FAX at , or by Internet E-mail at [email protected]; Simone Rudas at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.