VEHICLE
USE AND ACCESS
Purpose
These rules set standards for use,
operation and access to agency vehicles, including private vehicles in use for
agency business.
Definitions
As used in this document, unless
the context requires otherwise, the following words, phrases, and abbreviations
have the meanings listed:
1.
"Agent� means a person or legal entity that is
appointed in writing by the agency to perform specified work. An agent is not
an independent contractor. Agents, paid or unpaid, are subject to the direction
and control of the Agency. The agency may not call people agents for the
primary purpose of justifying their transportation in an agency vehicle.
2.
�Agency� means Care Development of Maine d.b.a Community
Care.
3.
"Duty station" means the location designated by
the agency from which an employee normally carries out his or her duties.
4.
"Employee" means any person employed by the agency
to do agency business for whom the agency withholds income tax, provides
workers' compensation coverage, and pays the workers' compensation tax. Under
this definition, the following are not employees: workers provided by a
temporary employment services agency, exchange students, and student interns.
5.
�"Private
vehicle" means a motor vehicle that is owned, rented, borrowed, leased, or
otherwise lawfully in the possession and control of any private person or any
entity other than the agency. A commercial rental vehicle is a private vehicle
if it is rented or used for a mix of private and agency uses. Private vehicles,
while in use for agency business, are treated as agency vehicles in these rules
unless the context clearly requires otherwise. While any motor vehicle is being
used to transport family or for any other personal purpose, it is not on agency
business. An independent contractor's vehicle being used for contract services
is on the contractor's business, not on agency business.
6.
�"Private
off-road vehicle" means a private motor vehicle that is unlicensed or not
designed for use on public roads. It includes unenclosed vehicles designed for
just one or two riders, all-terrain recreational vehicles, two or three wheeled
vehicles.
7.
"Private specialty vehicle" means a private
vehicle that is a motorcycle or other two or three-wheeled vehicle designed for
one or two riders.
8.
"Agency vehicle" means a motor vehicle owned,
rented, borrowed, leased, or otherwise under the possession and control of the
agency. It is licensed for highway use. A rental vehicle is an agency vehicle
if a duly authorized employee at the cost of the agency, solely for official
agency business, rents it. Unless the context clearly requires otherwise,
"agency vehicle" refers to private vehicles while in use for official
agency business.
9.
"Volunteer" means an unpaid person appointed by
the agency to work on its behalf. Volunteers are appointed in writing to do
agency business under agency direction and control. They receive no
remuneration. An agency may not call people volunteers for the primary purpose
of justifying their transportation in an agency vehicle. Volunteer and agent
may be used interchangeably unless the context requires otherwise.
Policy and Principle
1.
It is agency policy that all vehicles in use for agency
business shall be used legally, courteously, and safely.
2.
The basic principle of these rules can be summarized for
most drivers as follows: If you have a valid driver license and you are
acting at the direction and control of the agency, you may drive in any way or
for any purpose that is lawful and necessary to carry out the official business
of your agency. Whenever you do otherwise, you are personally liable for all
driving costs and related risks. The remainders of these rules apply this
principle in detail to the hundreds of varied situations the agency, its
programs, officers, employees, and agents may encounter.
3.
When the legal status of a driver license or driving record
is in doubt, the agency shall ask the Maine DMV to evaluate the questioned item
under applicable law and without regard to these rules.
Minimum Driver Requirements
1.
To drive any motor vehicle on agency business, a driver
must:
a.
Be 18 years or older, legally responsible for his or her
actions and contracts, and subject to an agency's direction and control.
b.
Hold a driver license acceptable under these rules.
c.
Qualify to drive under these rules and any rules or policies
of the agency.
2.
An acceptable driver license is a regular, temporary, or
commercial license that is lawful, current, and valid. It must be issued by the
state or country where the employee actually resides. It must be legal to use
in the jurisdiction where the driver is driving. It must be the kind or class
or be endorsed as required by law for the kind of driving to be done.
3.
An international license is an acceptable license if the
following conditions are met:
a.
The agency shall agree in writing to accept the license.
b.
The license shall be acceptable for one period of no more
than ninety days.
c.
Before allowing the driver to drive on agency business, the
agency shall furnish him or her a copy of the Maine driving manual and a
briefing on agency driving law and rules.
4.
A hardship or probationary permit is a limited use-driving
permit granted by DMV to a person whose license is suspended. The permit is
acceptable under these conditions:
a.
The driver must be an agency employee other than a temporary
employee. See the definition of employee.
b.
Before deciding to accept the permit, the agency shall
review the driver's full driving record. The agency may attach conditions to
its acceptance of the permit.
c.
The agency shall give the driver counseling on its
expectations for safe and legal driving. The agency shall give the driver a
copy of these rules and any agency rules, policies, or conditions agency
attaches to its acceptance of the hardship or probationary permit.
d.
The driver must complete, or have completed in the preceding
12 months, a safe driving training course.
e.
The employee shall drive only within the restrictions of the
permit.
5.
A driver license or permit is not acceptable if it:
a.
Is legally invalid or unlawful due to changed residence or
any other reason.
b.
Lacks a legally required endorsement or class; or
c.
Is issued with restrictions, except when used within those
restrictions.
�
Verifying Driver Qualifications
1.
The agency shall not knowingly allow anyone to drive on
agency business that does not conform to these rules. An agency may verify
drivers' qualifications at any reasonable schedule or time and by any
reasonable means. Means might include direct checks, review of copies of
records supplied by the driver, or accepting drivers' signed statements.
2.
All drivers shall verify for themselves that they meet all
driver qualifications, including requirements of law, and rule. Drivers shall
present evidence of meeting qualifications to any affected agency upon request.
Drivers shall promptly report to their supervisor a loss of acceptable driver
license status or other requirement.
3.
The agency shall verify its driver meets its standards
whenever it learns of the driver's involvement in an accident, traffic citation,
or a major traffic offense.
Authorized Drivers
1.
Only the following are authorized to drive motor vehicles on
agency business. They are only authorized while driving in conformance to these
rules:
a.
Adults under the direction and control of the agency and,
b.
Students may drive agency vehicles under these rules,
provided that it is an officially sanctioned program and they understand that
these rules shall then apply to them while driving vehicles owned by the
agency.�
2.
A person shall not drive any motor vehicle on agency
business simply because he or she is related or known to an authorized driver.
3.
Under agency rules, the agency may contract to reimburse
their contractors' mileage. Therefore, an agency shall not furnish a vehicle to
any contractor who is not its agent. An agency shall not furnish a vehicle to a
contractor who is its agent unless:
a.
It is clearly necessary or beneficial to the agency.
b.
The agency has the consent of the vehicle owner, if other
than the agency.
c.
The contract requires the contractor to comply with these
rules and to furnish adequate primary vehicle liability and property insurance.
�
Passengers
1.
The agency may permit drivers to transport people, animals,
or things to the extent needed to accomplish agency business.
2.
No driver may give a ride in an agency-owned vehicle to
anyone except as permitted by these rules or necessary to accomplish official
agency business. Hitchhikers shall not be allowed in any agency vehicles or
private vehicles on agency business.
3.
All passengers shall follow these rules and all reasonable
directions of their drivers.
4.
Employee family members, friends, and pets of drivers and
working passengers shall not ride in agency vehicles or in private vehicles on
agency business except under the following conditions and requirements:
a.
Friends, family, and pets may not ride in agency vehicles or
in private vehicles on agency business except as permitted by these rules and
then only with prior agency permission. The agency may impose any conditions.
b.
Medical aid animals may be taken along as necessary without
advance permission, but remain subject to reasonable agency conditions.
c.
Their children under age 18 may ride with them only with
advance agency approval.� Friends under
the age of 18 are prohibited.
d.
Family members, whether riding with agency permission or
without and whether in compliance with these rules or not, shall ride at their
own risk or at the personal risk of the driver, employee, or person to whom
they relate. The agency shall not insure or indemnify friends or family nor
insure or indemnify the employee against any claims brought by friends or
family.
General Use of Vehicles
1.
Agency vehicles shall be used only for official agency
business and not for any personal purposes. This applies to agency owned
vehicles. It also applies to private or rental vehicles while being used for
agency business or at agency cost or risk. Vehicle uses contrary to the law or
these rules shall mean the driver is acting outside the definition of official
agency business, is not an authorized driver, and is acting outside the course
and scope of his or her employment or duties. "Contrary to these
rules" includes making prohibited uses of a agency vehicle or a private
vehicle purportedly on agency business, carrying prohibited passengers or
materials, and allowing an unauthorized person to drive. When a private or
rental vehicle is used contrary to these rules the driver and vehicle shall not
be covered by agency insurance.� When an
agency vehicle is used contrary to these rules, the vehicle and its use shall
be the personal liability of the driver. The driver shall be personally liable
for any damage to the agency vehicle or harm to any other parties or property.
2.
An agency vehicle may not be used by an employee to the
private financial benefit of the employee or any member of his or her
household. No one has authority to permit anyone to make personal or family use
of an agency vehicle or any vehicle driven at agency risk.
3.
It is the responsibility of the agency and drivers to assure
that the requirements of the law and these rules are followed in all
situations.
4.
Drivers of agency vehicles and private vehicles on agency
business shall comply with the following safe use requirements:
a.
Drivers shall transport material that is dangerously
explosive, flammable, radioactive, or extremely toxic only within the
precautions required by law. Passengers shall be transported with the material
only with their informed consent.
b.
Drivers shall require appropriate safety restraints to be
worn. They shall require children to ride in any legally required car seats.
Animals shall be in secured carriers. The agency may approve any lawful
exceptions.
c.
Drivers shall not consume alcohol in vehicles nor operate a
vehicle under the influence of intoxicants. They shall not transport alcohol in
agency vehicles.
d.
Drivers shall not transport illegal drugs or contraband of
any kind in vehicles except as necessary to carry out their assigned duties of
official agency business.
e.
Drivers shall not transport firearms in vehicles.
f.
Drivers shall not allow smoking in agency vehicles.
g.
�Private specialty
vehicles and private off-road vehicles shall not be used for agency business
except to the extent that an agency determines that necessary agency business
cannot reasonably be accomplished without the use of the particular private
vehicle.
Day Use
1.
"Day-use" means the driver of an agency vehicle is
not staying away overnight due to agency business. During day-use, drivers may
travel for any agency business and no personal business.
2.
The agency's vehicle, during day-use away from the duty
station, shall not be used to reach personal recreational activities, personal
appointments, grooming or fitness facilities, or personal visits; or for
transportation of, or errands for, friends or relatives. Drivers may stop for
food or breaks at sites reasonably near to their direct business route.
3.
The agency's vehicle shall not be taken to or from the duty
station for any personal day-use purposes. This prohibits personal travel
between home and the driver's official duty station. It prohibits travel from
the duty station to go eat, attend a personal appointment, recreate, assist
friends or family, visit, or get laundry or grooming done. These are not agency
business.
Overnight and Full-time Use
1.
"Overnight use" means the driver is traveling in
the agency's vehicle overnight for agency business. In that working situation,
agency business includes allowing for employees' daily necessities. The minimum
necessary use of the agency's vehicle is permitted to meet drivers' and
passengers' normal daily needs. Private vehicles are always free to be used for
these purposes and shall be deemed to be engaged in personal and private
business, not agency business for these uses. A driver on overnight use may
make negligible and prudent use of the agency's vehicle as follows. Within the
local vicinity of the direct travel route or of the overnight assignment and
during reasonable hours, the driver may travel to:
a.
Restaurants, stores, and the like for meals, breaks, and
personal needs;
b.
Grooming, medical, fitness, or laundry facilities; or
c.
Recreational activities, such as theaters, parks, or friends
or relatives homes.
2.
"Full time use" means the driver is assigned
virtually all day and every day to day-use of an agency vehicle for fieldwork
away from home and office. During full time use, drivers are permitted to use
the agency's vehicle to attend medical appointments for injury covered by
workers' compensation. The appointment shall be within the period of their
assigned duties and on or near their direct or assigned route.
Emergency Use
1.
A roadside emergency is an obvious accident or breakdown
that leaves a vehicle's occupants dangerously stranded. Someone just
hitchhiking or asking for a ride or someone in a city with a mechanical
breakdown are not roadside emergencies. An agency driver and passengers may use
the agency's vehicle and equipment to render reasonable emergency aid under the
following conditions and provisions:
a.
Those giving emergency aid shall only be agency employees on
duty on official agency business in an official, agency-owned vehicle.
b.
The agency may, in writing, countermand this roadside
emergency provision for any or all of its drivers.
c.
In giving emergency aid as provided in these rules, agency
employees shall be deemed to be acting within the course and duties of their
agency employment for purposes of all agency insurance.
d.
The assisting employee shall not be held personally liable
by the agency for any unintended damage to agency-owned property, used for the
kind of task for which it was reasonably designed. For example, pushing or
pulling another car requires an agency vehicle designed and specially equipped
to do that task.
e.
Reasonable aid includes using agency cellular phones to call
for aid. If necessary, the agency vehicle may be used to transport someone to
the nearest telephone, shelter, repair service or emergency medical provider.
Agency fire extinguishers, first aid kits, and blankets may be used.
f.
Rendering aid shall be purely voluntary in every case.
Employees are not urged or expected to render aid. An employee should do only
what he or she is willing and trained or experienced to do.
g.
Anyone who renders aid other than in compliance with these
rules does so as a private person, entirely at his or her own risk and cost,
and not as agency business or duties.
2.
When circumstances require it, an agency vehicle may be used
to transport an injured employee or client to emergency medical care for an
immediate work-related injury. Traffic laws shall be obeyed. An agency vehicle
shall not be used for transport unnecessarily or when appropriate professional
emergency services are available.
Storing Agency Vehicles
1.
The agency's vehicles shall be stored at sites owned,
leased, or controlled by the agency except during travel or the conditions
listed in these rules. When practical, an agency vehicle at a home, hotel, or
motel shall be parked off the public street in a reasonably secure setting.
2.
An agency may allow an agency vehicle to be parked at home
when a task or trip requires a driver to depart so early or return so late that
it is impractical to pick up or return the vehicle to agency parking on the
same day.
Insurance and Collisions
1.
Drivers are responsible to provide their own proof of
adequate insurance according to Agency policy for all uses they make of private
vehicles and vehicles they rent for any mixture of agency and personal uses.
2.
Mileage reimbursement is the only amount that the agency
shall pay to any employee for use of his or her private vehicle on agency
business. The agency may not pay an employee for damage to his or her vehicle
or for deductibles or increased insurance rates due to an accident occurring
while on agency business.
3.
Drivers shall report to the agency and all collisions or
accidents occurring to any vehicle while on agency business. Review shall be
conducted to determine whether the collision or accident was preventable by
reasonable safe driving techniques and recommend action to prevent recurrences.
The agency may use any objective panel for this purpose.
Rules Enforcement
1.
For purposes of all agency insurances, while transporting
prohibited passengers or material in a private vehicle or otherwise using a
private vehicle contrary to these rules, the driver shall be deemed in all
respects to be driving on personal business; not official agency business. The
private car driver shall not be subject to discipline for making personal use
of his or her vehicle unless the driver is acting in violation of the agency's
policies or supervisory directives.
2.
For purposes of all agency insurances, while transporting
prohibited passengers or material in the agency's vehicle or otherwise using a
agency vehicle contrary to these rules, the driver shall be deemed in all
respects to be driving on personal business; not official agency business. The
driver shall be liable to the agency for the value of the use of the vehicle
and for any damage to the vehicle arising out of the misuse. The driver may also
be subject to any other discipline or penalty of any kind provided by current
policy and procedures.
3.
These rules shall have no effect on a driver's qualifying
for salary, employment benefits, or agency reimbursement of mileage, meals,
lodging, or expenses for which the driver otherwise qualifies.
Extensions and Exemptions
1.
If an officer or employee fails to meet any new driving
records requirement on the day it takes effect, the agency shall grant the
minimum time necessary to meet the new requirement. The agency shall not extend
time to anyone who made materially false statements to the agency about his or
her related driving record or qualifications.
2.
If the agency finds it is reasonable and necessary for
essential agency business, it may permit an employee to drive temporarily after
he or she ceases to meet training or records standards. The agency shall impose
in writing appropriate restrictions and a plan to achieve driver qualifications
in minimum time. Restrictions shall be designed to reduce risk to the agency,
passengers, and the public. A temporary permission under this rule shall not be
renewed or extended. The agency shall not extend time or in any way excuse any
driver from any driver license requirements or any requirement imposed by law.
3.
The Executive Director or designee, upon receiving a written
request or request of supervision, may permit legal exemptions to these
standards on a case-by-case basis.�
4.
Vehicle sales and repair contractors may drive agency
vehicles, at their own risk and as necessary, for pick-up, delivery, and
test-drives.