Government Operations

Fleet Operations

Rule 7: Safety and Loss Prevention of State Vehicles

Effective Date: 02/21/2023

Admin. Code Reference: R27-7

Rule Type: Current Rule

R27. Government Operations, Fleet Operations.

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

R27-7-1. Authority and Purpose.

This rule is established pursuant to Subsection 63A-9-401(1)(d)(iii) which requires the division to make rules establishing requirements for fleet safety and loss prevention programs.

R27-7-2. Reporting Accidents and Violations of Motor Vehicle Laws.

(1) If an accident involving a state vehicle occurs, either the authorized driver of the vehicle or the employing agency shall notify the division, the Division of Risk Management, and the agency's management, within 24 hours.

(2) Any authorized driver who, while operating a state vehicle, receives a citation for violating a motor vehicle law shall immediately report the receipt of the citation to their respective supervisor. Failure to report the receipt of a citation may result in the withdrawal, suspension, or revocation of state driving privileges.

(3) The agency shall determine if an accident was preventable.

(a) A driver may appeal an agency determination to the Driver Safety Committee in writing within 30 days from the date the agency decision is issued.

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) Any employee on the list of authorized drivers who is convicted of driving under the influence of alcohol or drugs (DUI), reckless driving, or any felony in which a motor vehicle is used, either on or off duty, and whether in the state vehicle or their personal vehicle, may have their state driving privileges withdrawn, suspended, or revoked.

(3) Any authorized driver who receives a citation for violating a motor vehicle law while operating a state vehicle shall attend an additional Risk Management-approved mandatory defensive driver training program. Failure to attend the additional mandatory defensive driver training program shall result in the loss of state driving privileges.

(4) The authority to operate a state vehicle shall be automatically withdrawn, suspended, or revoked if an authorized driver's license is not in a valid status.

(5) The authority to operate a state vehicle shall, at a minimum, be withdrawn, suspended, or revoked for the period of denial, cancellation, disqualification, suspension, or revocation of the authorized driver's license.

(6) The authority to operate a state vehicle shall not be reinstated until the authorized driver provides proof that their driver license has been reinstated or the division verifies the license has been reinstated.

(7) The authority to operate a state vehicle may be suspended or revoked for up to three years by the Driver Safety Committee or the Driver Eligibility Board.

(8) The Driver Safety Committee or the Driver Eligibility Board may withdraw an authorized driver's authority to operate a state vehicle. The withdrawal of authority shall be in addition to agency-imposed disciplinary, corrective, or remedial action, except when the withdrawal of authority conflicts with an internal review and disciplinary process that is approved by the division and substantially meets the requirements outlined in rule.

(9) An authorized driver declared ineligible to operate a state vehicle by the Driver Safety Committee may appeal that determination to the Driver Eligibility Board. An appeal to the Driver Eligibility Board must be made in writing within 30 days from the date the Driver Safety Committee issues its decision.

R27-7-4. Driver Safety Committee.

(1) Each agency utilizing a state vehicle shall establish and maintain a Driver Safety Committee or an internal review and disciplinary process that is approved by the division and substantially meets the requirements outlined in rule.

(2) The purpose of the Driver Safety Committee is to increase the safe operation of state vehicles.

(3) The Driver Safety Committee shall have no less than three voting members. The members shall consist of, at a minimum, from a participating agency, a risk coordinator, a human resource representative, and a fleet manager. In the absence of the fleet manager the authorized driver's supervisor may fill the position.

(4) Each agency's Driver Safety Committee shall meet regularly, except in cases when there are no items to review.

(a) The items to review and act on are:

(i) any major threshold violations committee in the previous period;

(ii) driver appeals of preventable accident determinations;

(iii) the validity of citizen complaints; and

(iv) imposing driving suspensions under this rule.

(b) If meeting less than monthly, the regular schedule determined by the agency must be approved by the division.

(5) The agency shall report to the division its determination and any actions taken.

(6) The Driver Safety Committee has discretion in assessing penalties as guided by Section R27-7-5.

(7) The Driver Eligibility Board may recommend disciplinary actions for authorized drivers to the agency when the Board is acting on behalf of the agency Driver Safety Committee.

(8) If an agency has fewer than five employees, the agency head may perform the duties of the Driver Safety Committee as outlined in rule. If the agency head is the driver to be reviewed, the review may be done by the Driver Eligibility Board. Appeals from the affected agency head will be heard by the executive director of the department, or the executive director's designee and shall follow the appeal process outlined in rule.

(9) State vehicle driving eligibility suspensions should begin within two weeks of the Driver Safety Committee meeting unless a differing timeline is outlined in rule.

R27-7-5. Determination Standards.

(1) An accident shall be classified as preventable if any of the following factors are involved:

(a) driving too fast for current road conditions;

(b) failure to observe clearance;

(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 Section 41-6a-528;

(k) unsafe driving practices, including:

(i) using electronic equipment or cellular phone while driving in violation of Subsection 41-6A-1716(2);

(ii) smoking while driving;

(iii) engaging in personal grooming;

(iv) initiating a U-turn; or

(v) driving with an animal loose in the vehicle.

(2) An accident shall be classified as non-preventable when:

(a) the state vehicle is struck while properly parked;

(b) the state vehicle is vandalized while parked at an authorized location; or

(i) at the time of the accident the authorized driver was in the line of duty and was operating the vehicle in accordance with their respective agency's applicable policies, guidelines, or regulations;

(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 to save or protect the lives, property, health, welfare, and safety of the public.

(3) Major threshold violations committed by an authorized driver shall be determined as follows:

(a) Preventable Accidents:

(i) preventable accidents may be considered major threshold violations if three preventable accidents as determined by the agency, are committed within a three-year period; or

(ii) any single preventable accident is committed and aggravating factors as defined in this rule are determined to be a factor.

(b) Moving Violations:

(i) moving violations may be considered major threshold violations if three moving violations are committed in a state vehicle within a 12-month period; or

(ii) 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) using a handheld wireless communication device while operating a state vehicle in violation of Subsection 41-6A-1716(2).

(c) Validated Citizen Complaints: Validated citizen complaints may be considered a major threshold violation at the discretion of the Driver Safety Committee or Driver Eligibility Board utilizing the aggravating factors outlined in this rule.

(d) Telematics threshold violations may be considered major threshold violations if:

(i) three telematics threshold violations are committed within a 12-month period; or

(ii) any single telematics threshold violation is committed and aggravating factors as defined in this rule are determined to be a factor.

(e) Agencies collecting telematics data must track violations reported through telematics and review in the Driver's Safety Committee.

(4) Major threshold violations committed by an authorized driver may result in the following state vehicle driving privilege suspensions. Reducing or increasing the penalty may be considered due to other factors.

(a) First major threshold violation may receive a driving suspension of two working days.

(b) The second major threshold violation committed within 12 months of the first major threshold violation may receive a driving suspension of 14 calendar days. If the second major threshold violation does not occur within a 12-month

period of the first, then it is at the discretion of the Driver Safety Committee as to whether it is considered the first or second major threshold violation.

(c) The third major threshold violation committed within 12 months of the second major threshold violation may receive a driving suspension of 30 calendar days. If the third major threshold violation does not occur within a 12-month period of the second, then it is at the discretion of the Driver Safety Committee as to whether it will be considered the second or third major threshold violation.

(d) The fourth major threshold violation committed within 12 months of the third major threshold violation may receive a driving suspension of 60 calendar days. If the fourth major threshold violation does not occur within a 12-month period of the third, then it is at the discretion of the Driver Safety Committee as to whether it will be considered the third or fourth major threshold violation.

(5) The following aggravating factors are items the agency shall consider when reviewing whether a single accident should be considered a major threshold violation and the Driver Safety Committee when determining driver eligibility suspension to be imposed:

(a) the accident resulted in bodily harm;

(b) the accident had a high likelihood of causing bodily harm;

(d) the accident had a high likelihood of causing damage;

(e) the accident damaged the reputation of the state or agency;

(f) the accident had a high likelihood of damaging the reputation of the state or agency; and

(g) the frequency of the accidents under consideration.

(6) If the agency becomes aware of unlawful driving behavior on personal time or in a personal vehicle, the Driver Safety Committee shall address those actions under this rule.

R27-7-6. Effects of Accident Preventability Classification.

(1) If the agency determines that an accident was preventable and not a major threshold violation, they shall require the following:

(a) after the first preventable accident, the authorized driver shall attend a Division of Risk Management-approved driver safety program;

(b) after the second preventable accident, the authorized driver shall attend, at their own expense, a state-certified or nationally recognized defensive driving course and;

(c) after the third preventable accident within a three-year period, the authorized driver shall receive a major threshold violation and be subject to the standards of the Driver Safety Committee.

R27-7-7. Driver Eligibility Board.

(1) The Driver Eligibility Board shall have at least four voting members. Members of the Board shall include a representative from the division, the Division of Risk Management, the Division of Human Resource Management and a representative of the authorized driver's agency. Each member of the Board shall be assigned by the executive director of the department or designee.

(2) The Driver Eligibility Board shall meet within 30 calendar days of an appeal to the Driver Eligibility Board.

(3) The employing agency supervisor and the authorized driver being reviewed shall be notified of the Driver Eligibility Board's meeting place and the date and time of the meeting. Each authorized driver reviewed by the Driver Eligibility Board will be given the opportunity to speak to the Board and answer questions during the meeting if they choose to attend the Board meeting.

(4) The Driver Eligibility Board may uphold, modify, or overturn a Driver Safety Committee decision within the guidelines of this rule.

KEY: accidents, incidents, tickets, Driver Safety Committee

Date of Last Change: February 21, 2023

Notice of Continuation: September 22, 2025

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