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State of Michigan Operators Commercial Drivers Lic PolicySection Name: Employee Relations Effective Date: September 20, 2010 Section Number: 400 Date of Revision: October 7, 2013 Policy Number: 021 Page: 1 of 56 Subject: Vehicle Fleet Safety Policy State of Michigan Operator’s Driver’s and Commercial Driver’s License Policy 1. Purpose. The City of Monroe places the highest value on the safety and health of its employees and the well being of its citizenry. This policy sets the standards for managing and operating City fleet vehicles, as well as personal vehicles, when used for "City business". This policy sets the standards for those employees who are required to maintain a valid State of Michigan driver’s license, Commercial Driver’s License (CDL), and CDL medical certification when operating City fleet vehicles, as well as personal vehicles, when used for “City business”. 2. Statement of Policy. The City of Monroe has full authority to determine who shall drive a vehicle, to establish vehicle operator standards, and to revoke the right to drive for failure to meet the standards. This policy defines the minimum standards for all employees. Nothing herein shall limit individual departments from setting higher standards that may be needed to meet their particular needs. 3. Definitions. City Vehicle: Any owned, leased or rented passenger car, pick-up, truck, trailer or other similar type vehicle in or by which a person or property is or may be transported or drawn on public highways or roads. This definition includes personal vehicles when operated on "City business". Commercial Vehicle: Any type of motor vehicle used for transporting goods or paid passengers and designed to carry more than 15 passengers. Preventable: Any incident in which the operator failed to take reasonable action to avoid such an occurrence. Non-preventable: An incident where the operator exercised all reasonable means to avoid the incident. Vehicle Accident: Any event where a City vehicle, other vehicle or property is damaged during the operation or as a result of the operation of the City vehicle. Driver: An individual who is authorized and/or required to use a city vehicle as a part of their job duties. Operation: The process of driving, operating or maneuvering a vehicle in a forward, backward, or sideward motion. 4. Application. This policy applies to all employees of the City of Monroe who have reason to operate a City vehicle or who operate personal vehicles on employer-related business or who are required to drive as a necessary part of their job responsibilities. Formatted: Font color: Red Formatted: Indent: Left: 0", Hanging: 1.5" Formatted: Strikethrough Formatted: Not Strikethrough Formatted: Font color: Red Formatted: Strikethrough Formatted: Strikethrough Formatted: Font: Italic Formatted: Font color: Red Formatted: Strikethrough Formatted: Strikethrough 2 5. Responsibility. The City’s Vehicle Fleet Safety Policy Driver’s and Commercial Driver’s License policy depends on the participation and cooperation of employees at all levels of the organization. The specific responsibilities of the employees are identified below. Department Heads and designated Supervisors – Department Heads or their designees shall: • Ensure that all employees are informed of this policy. • Ensure the safe maintenance and operation of all City vehicles. • Ensure that all vehicle operators are trained in the safe operation of all assigned motor vehicles. • Enforce City-wide and departmental vehicle operating standards and procedures. • Ensure that all assigned vehicles are inspected as prescribed by the administration and any applicable State or Federal requirements. • Ensure that thorough and timely accident investigations are conducted and reported. • Identify all employees who operate a vehicle on the job and those who must possess a Commercial Driver’s License (CDL). • In cooperation with the HR Department, ensure that all employees who operate vehicles have a valid State of Michigan driver’s license, • In cooperation with the HR Department, ensure that all employees who possess a CDL for the vehicle types driven have a valid Commercial Driver’s License, with any necessary endorsements, and a current CDL medical certification card. • Ensure that any individual departmental policies that define how unsafe vehicle operators will be disciplined are consistent with the overall intent of this policy. • Promptly report in writing to the department head and the HR Department any situation, event or circumstances that might constitute a violation or deviation from this policy. Note : Any supervisor who fails to report the information outlined herein will be subject to appropriate disciplinary action. Employees – All vehicle operators shall: • Safely operate their assigned City vehicles. • Not operate City vehicles when their license and/or associated medical certification has been lost, suspended, revoked or expired. • Maintain and provide the Employer with a valid Commercial dDriver’s lLicense (CDL) and a valid State of Michigan driver’s license (correct license/endorsement for the type of vehicle(s) driven as part of job duties.) • Maintain and provide the Employer with a copy of a current Commercial Driver’s License medical certification card. Drivers are required to carry a current copy of his/her medical certification card on their person at all times while on duty. • Advise the supervisor and the Human Resource Department in writing within thirty (30) days when his/her CDL medical certification is due to expire and to coordinate the scheduling of the required medical exam with the supervisor and the HR Department, prior to the expiration. immediately of the loss of a valid driver’s license by suspension, revocation, or expiration. Failure to comply may result in discipline up to and including dismissal. • Perform safety checks on vehicles at the beginning of each work-shift as described in departmental policies. Formatted: Strikethrough Formatted: Font color: Black Formatted: Strikethrough Formatted: Font: Not Bold Formatted: Font: Bold Formatted: Strikethrough Formatted: Font: Bold 3 • Promptly report in writing to the supervisor and the HR Department any physical or medical condition that would prohibit, disqualify, or may interfere with the safe operation of a commercial motor vehicle. Failure to report such impairments may result in discipline up to and including employee dismissal. • Promptly report to a supervisor any vehicle safety defect found during inspection. Failure to report safety defects found during inspection may result in discipline up to and including employee dismissal. • Properly use furnished seat belts and/or other vehicle safety restraints. • Avoid using cellular telephones and other electronic devices while driving or at times when such use might be distracting to the user or otherwise cause a dangerous situation. • Employees shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the employee’s hand or in the employee’s lap, including a wireless telephone used in cellular telephone service or personal communication service while operating a motor or commercial vehicle that is moving on a highway or street, including while temporarily stationary due to traffic, a traffic control device, or other momentary delays. Exceptions include drivers who: 1) report a traffic accident, medical emergency, or serious road hazard; 2) report a situation in which the person believes his/her personal safety is in jeopardy; 3) report or avert the perpetration or potential perpetration of a criminal act against the individual or another person; and 4) carry out official duties as a police officer, law enforcement official, firefighter, or operator of an emergency vehicle. • Employees compelled to use cellular telephones while driving are required to use a "hands-free" apparatus or safely pull to the side of the road and stop to conduct a phone call. • Employees are expected to follow applicable state or federal laws or regulations regarding the use of cell phones or electronic devices at all times. • Avoid using tobacco products while in any city vehicle. Human Resources Department – The Human Resources Department shall: • In cooperation with other departments and affected employees, ensure that all employees who operate vehicles have a valid State of Michigan driver’s license, a valid Commercial Driver’s License and a current medical certification card for the vehicle types driven. • Assist with scheduling required medical, training and testing appointments or programs. • Assist with maintaining files, databases and schedules related to vehicle operator licensing. • Report driving record activity to the City's Safety Committee and the employee’s supervisor for review and policy compliance. • Provide consultation and training to the departments as needed. 6. Administrative Procedures: General • All individuals who operate City vehicles or operate personal vehicles on employer-related basis and who receive payment related to vehicle expenses, and/or are Formatted: Not Strikethrough Formatted: Indent: Left: 0.75" Formatted: Tab stops: 0.94", List tab + Not at 1" Formatted: List Paragraph, Left, No bullets or numbering,Hyphenate, Tab stops: Not at -0.5" + 0" Formatted: Indent: Left: 1", No bullets or numbering Formatted: Indent: Left: 1", No bullets or numbering Formatted: Justified, Indent: Left: 1", Don't hyphenate,Tab stops: -0.5", Left + 0", Left Formatted: Font: Bold Formatted: Font: Bold 4 required to drive as a necessary part of their job must possess and maintain a valid State of Michigan driver’s license, a valid Commercial Driver’s License and a current CDL medical certification card, as required, when operating City fleet vehicles. • Individuals who drive City vehicles or are required to drive, as a necessary part of their job must notify their immediate supervisor in writing if they receive a ticket/citation that affects and/or restricts their right to operate a motor vehicle. Such notification must take place immediately upon reporting for work after receipt of the citation. • Individuals are prohibited from operating a City vehicle or personal vehicle on business when their driving ability has been impaired for any reason, including but not limited to the ingestion of drugs, medication, or alcoholic beverages; physical impairment or restrictions; or other situations/conditions within the individual’s control. Any illegal use of controlled substances is strictly prohibited. • All employees shall use seatbelts or other safety restraints provided whenever they are operating or riding in a vehicle. • Only those employees who are determined to be safe operators will be allowed to drive a vehicle on behalf of the City. • All federal, state, and local laws or DOT Motor Carrier Safety Regulations must be obeyed. Vehicle Use • Use of City vehicles shall be for official City business only. Use of City vehicles at conventions, conferences and training programs shall be considered official City business. • Department Heads will specify, by position title, which employee may take City vehicles home, and specify the reasons for approval. A copy of all approvals will be provided to the Finance Director and the City Manager. • Employees who live outside the city limits are prohibited from taking City vehicles home, unless specifically approved by the City Manager. • Employees who operate their own vehicles on City business will be reimbursed at the established IRS mileage rate. • The Human Resources Director will request that the Secretary of State conduct driving record review of all employees who operate City vehicles or personal vehicles on City business. • City vehicles should not be utilized to transport non-employees who are not on City business. Corrective Action, Including Discipline The City's HR Director Safety Committee is responsible for reviewing the overall accidents and the City's overall driver safety record to determine if there should be changes in policy or procedure; or if other corrective action (such as training, equipment changes, etc.), should be implemented to enhance the safe operation of the City's vehicles, and/or personal vehicles on City business. The HR Director shall also provide the City’s Safety Committee with a copy of the accident/injury report, along with his/her recommendations. The Committee shall meet as often as practicable or as incidents and accidents occur. However, the review should be conducted shortly after the facts of an accident are known. If litigation resulting from Formatted: Font color: Auto Formatted: Font color: Auto Formatted: Font color: Red Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 5 the accident occurs or is anticipated, the timing of the review should be discussed with legal counsel to insure the review does not prejudice the litigation. The goal of corrective action is to ensure that employees who are entrusted with the operation of vehicles are properly licensed and safe drivers. Awareness and knowledge through training are the keys to safe driving. Whenever possible, training should be a first step in a corrective action program. Discipline may also be an appropriate form of corrective action. An unacceptable motor vehicle driving record is one indication that an employee may not be a safe driver. The Human Resources Director will identify employees who develop unacceptable driving records and will be responsible for notifying the Department Head City's Safety Committee and the appropriate department. Departments are encouraged to immediately enroll these employees in a driver’s training program, at the employee’s cost, or consult with the Human Resources Department about other appropriate training opportunities, and monitor the employee’s driving performance. Accidents involving stationary objects are the most frequent and preventable type of vehicular accident. Preventable accidents involving stationary objects may result in disciplinary action up to and including dismissal. Involvement in a preventable accident shall be considered unsatisfactory job performance, which may result in disciplinary action up to and including dismissal. Employees who are charged with traffic violations resulting from the use of their cellular phone or electronic devices while driving will be solely responsible for all liabilities that result from such actions. Failure to properly notify the supervisor or the HR Department in writing of driving convictions or loss of driving privileges or failure to comply with any part of this policy will result in discipline, up to including termination. This applies any time driving privileges are revoked, suspended or limited in any way by any court, the Michigan Department of Motor Vehicles, any Administrative agency of the State of Michigan, any state jurisdiction, or the City’s physician. Any supervisor who fails to report the information outlined herein will be subject to appropriate disciplinary action. Failure to comply with any part of this policy shall be considered unsatisfactory job performance, which may result in disciplinary action. Applicant Screening Guide Conviction of law violations or civil infractions may serve as a basis for disqualification. The applicant’s total record will be evaluated; the applicant must have at least two years of documented driving experience. The pattern of law violations, the seriousness, the surrounding circumstances, and the number and recency of violations will be considered. For example, multiple convictions for the same offense can be disqualifying, as they indicate a pattern of inadequate responsibility and disregard for law and order, which may affect safety. Likewise, traffic misdemeanors which do not carry points (e.g. improper plates, expired plates) or civil infractions may indicate an inability to follow rules and disregard for the law. Formatted: Font color: Red Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Font color: Red Formatted: Strikethrough 6 For purposes of determining disqualifying violations, the City shall consider only those offenses followed by a conviction (e.g. forfeited bond, jailed, fined, or ordered to attend traffic school). For purposes of establishing time frames for disqualification, the City shall use the date of the actual violation. Here are suggested disqualifying guidelines: The circumstances noted below will be cause for automatic disqualification: 1. Conviction of a driving-related felony. 2. Loss of driving privilege through suspension or revocation of license due to an unsatisfactory driving record as defined by the Michigan Department of State. Exception: Applications from those who maintain a driving record free of license suspension or revocation and moving violation conviction(s) or civil infraction determination(s) in the five years previous to making application to the City will be accepted. 3. An at-fault accident resulting in a fatality (an at-fault accident is defined as one in which the applicant has been fined, sued, and received an adverse judgment, applicant’s insurance company settled for damages to other party, or applicant settled out of court or otherwise was determined to be liable). In the five years prior to application, the following circumstances will be cause for automatic disqualification: 4. Accumulated more than six points on the driving record. 5. Convicted of any alcohol/drug related offense. 6. Convicted of driving while license was suspended or revoked. In the year prior to application, the following circumstances will be cause for automatic disqualification: 7. Accumulated more than three points on the driving record. 7. Legislative History of Authority for Creation or Revision: Adopted pursuant to action of the Monroe City Council, dated September 20, 2010. Revised pursuant to action of the Monroe City Council, dated September 16, 2013. Formatted: Tab stops: 1.06", Left Formatted: Font color: Red Formatted: Underline, Font color: Red Formatted: Font color: Red