DAR File No. 38073

Administrative Services, Fleet Operations

Section R27-7-3

Driver Eligibility to Operate a State Vehicle

Notice of Proposed Rule

(Amendment)

DAR File No.: 38073
Filed: 10/24/2013 01:01:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes noted below to Section R27-7-3 highlight the shift to focus on just the risk to the State of Utah by employees driving state-owned vehicles.

Summary of the rule or change:

Changes Subsection R27-7-3(3)(b) to read: "(b) The authorized driver has 3 or more moving violations while driving a state vehicle within a 12 month period; or". The intent of the language is to reduce the scope of examination by the State of Utah Driver Eligibility Board, to only those moving violations incurred by state employees while driving a State of Utah vehicle, and not those violations that are incurred while state employees are driving their personal vehicles.

State statutory or constitutional authorization for this rule:

• Subsection 63A-9-401(1)(d)

Anticipated cost or savings to:

the state budget:

Because the new language eliminates time and effort to review violations related to personal time and personal vehicles, there may be a limited, and undetermined, benefit to the state budget.

local governments:

This rule only deals with state employees driving State of Utah vehicles; local governments are not affected.

small businesses:

This rule only deals with state employees driving State of Utah vehicles; small businesses are not affected.

persons other than small businesses, businesses, or local governmental entities:

This rule only deals with state employees driving State of Utah vehicles; no other persons or entities outside state government are affected.

Compliance costs for affected persons:

There are no known costs to the State of Utah or other persons or entities outside of state government, for any type of compliance related to the proposed language.

Comments by the department head on the fiscal impact the rule may have on businesses:

The rule only affects state vehicle use by a state employee and will not have a fiscal impact on businesses.

Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Fleet Operations
Room 4120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Gary Robertson at the above address, by phone at 801-538-3792, by FAX at 801-359-0759, or by Internet E-mail at garyrobertson@utah.gov

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:

12/16/2013

This rule may become effective on:

12/31/2013

Authorized by:

Sam Lee, Director

R27. Administrative Services, Fleet Operations.

R27-7. Safety and Loss Prevention of State Vehicles.

R27-7-3. Driver Eligibility to Operate a State Vehicle.

(1) The authority to operate a state vehicle is subject to withdrawal, suspension or revocation.

(2) The authority to operate a state vehicle shall be automatically withdrawn, suspended or revoked in the event that an authorized driver's license is not in a valid status.

(a) The authority to operate a state vehicle shall, at a minimum, be withdrawn, suspended or revoked for the period of denial, cancellation, disqualification, suspension or revocation of the authorized driver's license.

(b) The authority to operate a state vehicle shall not be reinstated until such time as the individual provides proof that his or her driver license has been reinstated or DFO verifies the license has been reinstated.

(3) The authority to operate a state vehicle may be suspended or revoked for up to three years by the Driver Eligibility Board for any of the following reasons:

(a) The authorized driver, while acting within the scope of employment, has been involved in 3 or more preventable accidents during a three (3) year period; or

(b) The authorized driver has [4]3 or more moving violations while driving a state vehicle within a 12 month period; or

(c) The authorized driver has been convicted of any of the following:

(i) Alcohol related driving violations;

(ii) reckless, careless, or negligent driving (including excessive speed violations);

(iii) driving violations that have resulted in injury or death;

(iv) felony related driving violations;

(v) hit and run violations;

(vi) impaired driving;

(vii) or any other driving violation determined by the Driver Eligibility Board as posing a significant risk to the safety or loss prevention of state vehicles.

(d) The unauthorized use, misuse, abuse or neglect of a state vehicle as validated by the driver's agency; or

(e) On the basis of citizen complaints validated by the agency, the authorized driver, while acting within the scope of employment has been found, pursuant to 63A-9-501,to have misused or illegally operated a vehicle three (3) times during a three (3) year period.

(4) The withdrawal of authority to operate a state vehicle imposed by the Driver Eligibility Board shall be in addition to agency-imposed discipline, corrective or remedial action, if any.

(5) Drivers declared ineligible to operate a state vehicle by the Driver Eligibility Board may appeal to the Director of the Department of Administrative Services (DAS) or his/her designee. Any appeal to the Executive Director of DAS or his/her designee must be made in writing within 30 days from the date the Driver Eligibility Board declared a state driver ineligible to operate a vehicle.

(6) Effective Date

(a) Phase in - current state employees shall be subjected to R27-7-3(3) as of the effective date of the rules as published by the Division of Administrative Rules.

(b) State employees hired after the effective date of this administrative rule will be subject to the Driver Eligibility standards in R27-7-3(3) for three years previous to the hire date.

 

KEY: accidents, incidents, tickets, ARC

Date of Enactment or Last Substantive Amendment: [June 28, 2012]2013

Notice of Continuation November 29, 2010

Authorizing, and Implemented or Interpreted Law: 63A-9-401(1)(d)(iii)