DAR File No. 41609
This rule was published in the June 1, 2017, issue (Vol. 2017, No. 11) of the Utah State Bulletin.
Administrative Services, Fleet Operations
Safety and Loss Prevention of State Vehicles
Notice of Proposed Rule
DAR File No.: 41609
Filed: 05/08/2017 02:41:08 PM
Purpose of the rule or reason for the change:
The changes to this rule are in response to telematics information now available to the division, and to bring the language of the rule in line with the Administrative Rulemaking Manual.
Summary of the rule or change:
The changes to this rule include replacing the acronym "DFO" with "division", replacing the requirement for an Accident Review Committee with the requirement of a Driver Safety Committee for each agency that uses state vehicles, adding using a handheld wireless device to the list of offenses which may result in revocation or suspension of driving privileges, and adding Subsection R27-7-5(5) which provides guidance on the determination of major threshold violations.
Statutory or constitutional authorization for this rule:
- Subsection 63A-9-401(1)(d)(iii)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature.
There are no anticipated costs or savings to local government as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature.
There are no anticipated costs or savings to small businesses as a result of the changes to this rule. The changes are regarding new information and procedures 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 businesses, businesses, or local government entities as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature.
Compliance costs for affected persons:
There are no anticipated costs to affected persons as a result of the changes to this rule. The changes are regarding new information and procedures and are technical in nature.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed the changes, and I believe that there is no potential for fiscal impacts on businesses 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 Services
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 firstname.lastname@example.org
- Simone Rudas at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at email@example.com
- Fay Tan at the above address, by phone at 801-538-3524, by FAX at , or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Jeff Mottishaw, Director
R27. Administrative Services, Fleet Operations.
R27-7. Safety and Loss Prevention of State Vehicles.
(1) This rule is established pursuant to
Subsection 63A-9-401(1)(d)(iii) which requires the [
Division of Fleet Operations (DFO)] to make rules establishing requirements for fleet
safety and loss prevention programs.
Accident Reporting and Liability].
(1) In the event of an accident involving
a state vehicle, either the driver of the vehicle or the employing
agency shall notify [
DFO], the Division of Risk Management, and the
agency's management, within 24 hours of the occurrence of the
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
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 [
3] or more moving violations while driving a state
vehicle within a 12[
(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;
or ]any other driving violation determined by the
Driver Eligibility Board as
posing a significant risk to the safety or loss prevention of state
The] unauthorized [ use,] misuse, abuse or neglect [ of ]a state vehicle as validated by the
driver's agency;[ or]
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
(4) The withdrawal of authority to operate
a state vehicle imposed by the
Driver Eligibility Board
shall be in addition to agency-imposed [
or remedial action[ , if any.]
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
(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
Accident Review Committee (ARC)].
(1) Each agency
leasing vehicles from the Division of Fleet
Operations] shall establish and maintain [ an Accident Review Committee (ARC)].[ Each agency ARC shall conduct at least quarterly reviews of
all accidents involving state vehicles under the possession or
control of their respective agencies.]
(2) The purpose of the [
ARC] is to
[ the number of accidents involving drivers of vehicles being
used in the course of conducting state business.]
(3) After [
DFO] has made an initial
determination regarding the [ status] of an accident
the agency [ ARC] shall [ determine, through a review process, whether ] [ an accident was either preventable or
non-preventable, ][ using] standards published by the National Safety
(4) Each agency [
ARC] shall[ ,][ within one (1) calendar month following the last day of the
quarter (March, June, September, December), provide to DFO, in
writing, its determination and recommended actions, if any, as well
as all evidence used to arrive at its determination as to whether
the accident was preventable or non-preventable.]
(5) If an agency [
ARC] does not send the
[ quarterly accident reviews] as specified in
[ status] of [ the] accident
[ be reviewed by the Driver Eligibility Board on behalf of
the agency ARC. The Driver Eligibility Board's decision about
the status any vehicle accident will be final.]
The Driver Eligibility Board may recommend disciplinary
actions for agency drivers to the agency when it is acting on
behalf of the agency [
Accident Review Committee Guidelines].
(1) The [
ARC] shall have no less than three[ (3)] voting members. The members shall
[ be from different areas in the agency.]
An accident [
shall] be classified as preventable if any of the following
factors are involved:
(a) Driving too fast for conditions;
(b) Failure to observe clearance;
(c) Failure to yield;
(d) Failure to properly lock the vehicle;
(e) Following too closely;
(f) Improper care of the vehicle;
(g) Improper backing;
(h) Improper parking;
(i) Improper turn or lane change;
(j) Reckless Driving as defined in [
Utah Code] 41-6a-528;
(k) Unsafe driving practices, including but not limited to: the use of electronic equipment or cellular phone while driving, smoking while driving, personal grooming, u-turn, driving with an animal(s) loose in the vehicle.
3]) An accident shall be classified as non-preventable
(a) The state vehicle is struck while properly parked;
(b) The state vehicle is vandalized while parked at an authorized location;
(c) The state vehicle is an emergency vehicle, and
(i) At the time of the accident the operator was in the line of duty and operating the vehicle in accordance with their respective agency's applicable policies, guidelines or regulations; and
(ii) Damage to the vehicle occurred during the chase or apprehension of people engaged in or potentially engaged in unlawful activities; or
(iii) Damage to the vehicle occurred in the course of responding to an emergency in order to save or protect the lives, property, health, welfare and safety of the public.
R27-7-6. Effects of [
(1) In the event that an accident is
determined by the [
ARC] to be preventable, the [ ARC] shall [ impose and enforce] the following:
authorized driver shall be
required to attend a Division of Risk Management-approved driver
safety program[ after being involved in the first preventable
driver shall be required to
attend, at their own expense, a state certified or nationally
recognized defensive driving course
[ after being involved in a second preventable
R27-7-7. Driver Eligibility Board.
(1) The Driver Eligibility Board [
(DEB) ]shall have at least [ 4] voting members. Members of the Board shall include a
representative from the
Division of Risk Management, [ the Division of Fleet Operations, ]the Department
of Human Resource Management and, a representative of the
employee's agency. Each member of the Board will be assigned by
the Executive Director of the Department of Administrative
(2) The Driver Eligibility Board shall
at least quarterly].
(3) The employing agency supervisor and the state driver being reviewed shall be notified of the Driver Eligibility Board's meeting place, date and time. Each state employee reviewed by the Driver Eligibility Board will be given the opportunity to speak to the Board and/or answer questions during the meeting if he or she chooses to attend the Board meeting.
(4) The Driver Eligibility Board
impose an ineligible status from a single day up to three
years. In no case shall the ineligible status to operate a state
vehicle be less than the period imposed by the courts or the
KEY: accidents, incidents, tickets, [
Date of Enactment or Last Substantive Amendment: [
March 11, 2014]
Notice of Continuation: November 6, 2015
Authorizing, and Implemented or Interpreted Law: 63A-9-401(1)(d)(iii)
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20170601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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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@example.com; Simone Rudas at the above address, by phone at 801-538-3240, by FAX at , or by Internet E-mail at firstname.lastname@example.org; Fay Tan at the above address, by phone at 801-538-3524, by FAX at , or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.