BRUCE KING

GOVERNOR

PATRICK G. BACA
SECRETARY

STATE OF NEW MEXICO DEPARTMENT OF LABOR
401 BROADWAY, N.E. P.O. BOX 1928 ALBUQUERQUE, N.M. 87103

ROSE MARY GARCIA
DEPUTY SECRETARY

POLICY ISSUANCE NO. 34

OFFICE OF THE SECRETARY ALBUQUERQUE (505) 841-8409 SANTA FE (505) 827-6827 ADMINISTRATIVE SERVICES DIVISION (505)841-8410 EMPLOYMENT SECURITY DIVISION (505) 841-8438 HUMAN RIGHTS DIVISION (505) 827-6838 JOB TRAINING DIVISION (505) 827-6827 LABOR AND INDUSTRIAL DIVISION (505)827-6808

DATE: TO: FROM: SUBJECT: PURPOSE:

May 10, 1993 ALL COST CENTER MANAGERS, PATRICK G. BACA, SECRETARY USE OF STATE VEHICLES

To establish a uniform policy and outline procedures for the use of State vehicles by employees of the New Mexico Department of Labor (NMDOL). POLICY: 1. General. The proper use and care of State vehicles is a very important function of the Department. Vehicles are costly to purchase and maintain, and their use is governed by State Law and GSD Rules and Regulations which have their basis in State Law. GSD Rule 90-202, November 5, 1990, is the primary reference, and if conflicts arise between this Policy Issuance and GSD Rule 90-202, GSD Rule 90-202 will take precedence. Because GSD 90-202 contains specific regulatory procedures, it is included as Attachment 1 to this policy. Cost center managers will ensure the policy and its addendum are prominently displayed at all times for informational use by designated drivers.

2.

Application. This policy is applicable to all units of the Department. Where ever possible, delineation is made between vehicles based at the TIWA Building and those based in other areas statewide. In the case of the latter, Division Directors and appropriate cost center managers are authorized to write procedures more fitting to their locations, providing those procedures remain in compliance with this policy and GSD Rule 90-202 and have Department approval.

Policy Issuance No. 34 May 10, 1993 Page 2 3. Vehicle Administration. The General Services Bureau (GSB) is responsible for managing the Tiwa Building motor pool and maintaining Tiwa-based vehicles. GSB also provides procurement and other appropriate support for NMDOL vehicles based in Santa Fe and at the Labor Service Centers statewide. Driving Permits. The State Driving Permit is no longer required for operation of a State vehicle. Operating privileges are available to NMDOL employees who possess a valid New Mexico driver's license. Successful completion of the State defensive driving course is also a requirement before operating privileges are permanently granted. Cost center managers may grant written temporary operating privileges to new employees who possess a New Mexico driver's license not to exceed the first 90 days of employment, which should allow time to complete the defensive driving course. Evidence that temporary privileges have been granted, and later, that the defensive driving course has been successfully completed, should be furnished by the cost center to GSB. 5. Personal Use. It is unlawful for a State employee to use a State vehicle for pleasure or personal use. Violation is a misdemeanor punishable by fine, imprisonment, or both. Employees are cautioned that they are highly visible to the public when driving a State vehicle, and should avoid any circumstances where it could be perceived that the vehicle is being used for personal use. Transporting persons other than State employees on official business is to be avoided and is allowable only if it can be shown that carrying a non-State employee is in the course of essential official duties. Children are never to be carried as passengers because of insurance liabilities. Exclusive Use. No employee shall have exclusive use of a state vehicle unless the employee is on call 24 hours a day or the employee reports to a different work site daily. In either case, exclusive use of a State vehicle must have the Secretary's approval. All other vehicles are to be returned and picked up from a designated site after official business ends. For Tiwa vehicles, this means return to the motor pool security cage, exchange to the employee's personal vehicle, and locking the cage when departing. Because the use of the security cage has proven successful, taking a car home the night before a trip or keeping it home the night after a trip is not authorized. An exception to the above is for drivers returning from a trip after 7 p. m. or leaving on a trip prior to 7 a. m. Other exceptions may be approved by the appropriate Division Director, if the exception is in the best interest of the Department. Written exceptions will be granted as the need arises, not on a recurring basis. Employees are authorized to receive the car folder and key the night before an early start, and return them the next morning after a late return, providing return of the folder to GSB is made in a timely manner.

4.

6.

Policy Issuance No. 34 May 10, 1993 Page 3 7. Intoxicating Drugs and Liquor. An employee who is charged with driving a State vehicle under the influence of drugs or alcohol will have his or her State vehicle operating privileges suspended or revoked. Any State employee passengers in the vehicle at the time of the violation may also have their privileges suspended or revoked. If convicted of such charge, the employee driver may be terminated from State employment. State employee passengers in the vehicle at the time the charge is made may also be terminated if it can be proven they knew the driver was under the influence of drugs or alcohol and took no reasonable action to prevent the driver from driving the vehicle. Moving Violations. Any employee who receives a traffic citation while driving a State vehicle for reckless driving, speeding, failure to wear seat belts, etc., may have his/her driving privileges suspended or revoked. In addition, the Secretary may discipline the employee as appropriate. Responsibility for Fines. An employee who receives a traffic citation or parking ticket while driving a State vehicle shall be personally responsible for the citation or parking ticket. Accidents. An employee who, while operating a State vehicle, is involved in an accident involving bodily injury or property damage shall report the circumstances without delay to GSB and Risk Management Division. Within 24 hours, a completed accident form (Attachment 2) will be submitted to Risk Management Division. Attachment 2 may be duplicated for this purpose. For assistance in completing this form, contact GSB, 841 8513.

8.

9.

10.

PROCEDURES: 1. Locations Other Than Tiwa Building. Division Directors and appropriate cost center managers will develop written procedures for the use and care of State vehicles, in consonance with GSD 90-202 and this Policy Issuance. ES-100.25 (Rev. 05/93) Vehicle Mileage Report (Attachment 3) is used throughout the Department. Submit these forms, with the back page fully completed, to GSB monthly. 2. Tiwa Building Location. The Department maintains a motor pool of 12 vehicles which are assigned to drivers on a first come, first served basis. Reservations for a vehicle can be made up to one week in advance of travel. Once all vehicles are assigned, the next person requesting a reservation may be placed on a waiting list in the order the request is received. When picking up the folder and keys for a vehicle, the driver must sign out. The folder contains a Vehicle Mileage Report, with the driver completing the appropriate entry as the vehicle is used.

Policy Issuance No. 34 May 10, 1993 Page 4 A parking pass is also included for use if the driver wishes to exchange his or her personal auto for the State vehicle, utilizing the same parking slot in the security cage. An accident form and vehicle check list are also in the folder, along with a gas credit card. It is the driver's responsibility to keep the vehicle clean and free of debris. Smoking is not permitted in state vehicles. Vehicles must not be returned to the cage with less than a half tank of gas. A half-full tank is enough to take the next driver (who may be pressed to make an appointment) to Santa Fe, without having to stop for service until the return leg of the trip. The driver must fill in all portions of the appropriate line on the Vehicle Mileage Report when returning the vehicle. Entries should be printed legibly. Upon return from a trip, the vehicle must be returned to the cage and the folder and keys returned to GSB without delay. If after 7 p.m., use the gate key on the keyring to open the cage. The building guard will assist in opening and closing the cage upon request. Park the vehicle in the cage and lock the gates. The folder and keys should be returned to GSB the next morning immediately upon reporting to work. EFFECTIVE DATE: This policy becomes effective this date and supercedes all previous issuances on the subject on the Use of State Vehicles. PGB:ABS:dt Attachments

STATE OF NEW MEXICO GENERAL SERVICES DEPARTMENT BUILDING SERVICES DIVISION RULE NO. GSD 90-202 STATE MOTOR VEHICLE REGULATIONS (Supersedes Rule No. GSD 85-202) EFFECTIVE IMMEDIATELY

STATE OF NEW MEXICO GENERAL SERVICES DEPARTMENT BUILDING SERVICES DIVISION RULE NO. GSD 90-202 SUPERSEDES RULE NO. GSD 85-202 EFFECTIVE: IMMEDIATELY STATE MOTOR VEHICLE REGULATIONS 1. APPLICABILITY 1.1 Sections 1 through 11 of this rule are general provisions that govern the maintenance and use of all state vehicles 1.1.1 If any provision of this rule conflicts with a rule or regulation governing the maintenance or use of state police vehicles adopted by the New Mexico State Police Board pursuant to Section 29-2-4.1 NMSA 1978, the state police rule or regulation shall prevail. govern only the

1.2

Sections 12 through 18 of this rule maintenance and use of pool vehicles.,

2.

AUTHORITY 2.1 Section 15-3-25 NMSA 1978 requires the Director of the Property Control Division of the General Services Department to adopt rules governing the maintenance and use of all state vehicles. This function was transferred to the Building Services Division by Executive Order No. 83-34.

3.

DEFINITIONS 3.1 "Authorized driver" means a state officer or employee, who holds a current, valid license to operate a motor vehicle in this state and who has complied with all provisions of Section 8 of this rule. "Authorized passenger" means a state officer or employee, or any other person accompanying a state officer or employee in a state vehicle in furtherance of official state business. "Building Services Division" means the Building Services Division of the General Services Department. "Director" means the director of the Building Services Division.

3.2

3.3 3.4

Page 1 GSD 90-202

-.

3.5

"Leasing agency" means any state agency authorizing an officer or employee of the agency to use a pool vehicle in return for a fee prescribed by the General Services Department. "Pool" means the State Transportation Pool operated by the Building Services Division. "Pool credit card" means a credit card issued by the pool which may be used for purchases made for the pool vehicle described on the card. "Pool vehicle" means any state vehicle which has not been excluded from the State Transportation Pool. "Risk Management Division" means the Risk Management Division of the General Services Department. "Secretary" means the Cabinet Secretary of the General Services Department. "State agency means the State of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions. "State vehicle" means a motor vehicle designed primarily for passenger use which is the property of the state or is for the public use of any agency or officer.

3.6

3.7

3.8

3.9

3.10 3.11

3.12

4.

OCCUPANCY OF STATE VEHICLES 4.1 Except as provided in Subsections 4.3 through 4.5, state vehicles may be occupied only by authorized drivers and authorized passengers. State officers and employees are authorized to use state vehicles only in the furtherance of official state business. Section 15-3-30 NMSA 1978 imposes misdemeanor criminal penalties on any person who uses a state vehicle "for private use or purposes of pleasure." Except as provided in Subsections 4.3 through 4.5, a state officer or employee who permits a state vehicle to be driven by an unauthorized driver or who transports or permits the transportation of an unauthorized passenger shall have his or her state vehicle operator privileges suspended or revoked and may be held personally liable to the extent permitted by law for any liability for any personal injury, death or property damage arising out of the unauthorized use or occupancy of the state vehicle. Page 2 GSD 90-202

4.2

4.3

In cases of special need, the Director may authorize a person who would not qualify as an authorized driver or authorized passenger to occupy or drive a state vehicle. The Director's written authorization shall be obtained before such person occupies or drives a state vehicle. Nothing in this section shall be construed to prohibit the use or occupancy of a state vehicle to render emergency aid or assistance to any person. Nothing in this section shall be construed to prohibit the use or occupancy of state vehicles by private sector automobile mechanics or other maintenance or repair personnel during the course of performing required maintenance or repairs.

4.4

4.5

5.

INTOXICATING LIQUOR AND DRUGS 5.1 5.2 A state officer or employee shall not drive a state vehicle while under the influence of intoxicating liquor or drugs. A state officer or employee, who receives a traffic citation for driving a state vehicle while under the influence of intoxicating liquor or drugs, shall have his or her state vehicle operator privileges suspended or revoked. Any passengers, who are authorized drivers, may also have their state vehicle operator privileges suspended or revoked. A state officer or employee, who is convicted of driving a state vehicle while under the influence of intoxicating liquor or drugs, may be terminated from state employment. Any state officers or employees, who were passengers in the vehicle, may also be terminated from state employment where it is shown that such officers or employees knew or should have known that the driver was under the influence of intoxicating liquor or drugs and did not take reasonable action to prevent the driver from driving the vehicle.

5.3

6.

TRAFFIC LAWS AND SEAT BELTS 6.1 The failure to obey any applicable traffic law while driving or occupying a state vehicle may result in suspension or revocation of the state vehicle operator privileges of all authorized drivers in the vehicle. All occupants of state vehicles shall wear seat belts. The failure of any person to wear seat belts while

6.2

Page 3 GSD 90-202

_ R; It 11 rr_

driving or occupying a state vehicle may result in suspension or revocation of the state vehicle operator privileges of all authorized drivers in the vehicle. 6.3 A state officer or employee who receives a traffic citation or parking ticket while using a state vehicle shall be personally responsible for the citation or ticket.

7.

CARE OF STATE VEHICLES, ACCIDENTS, LIABILITY 7.1 Prior to using a state vehicle, a state officer or employee shall determine that all tires are inflated properly and are not excessively worn, and that brakes, lights, windshield wipers, seat belts and steering are functioning properly. A state officer or employee shall turn-off the ignition, close all windows, and lock the doors and trunk of a state vehicle, whenever the vehicle is left unattended. A state officer or employee shall not abuse or misuse a state vehicle. An officer or employee may be assessed for the loss or damage of a state vehicle if the loss or damage was caused by: 7.3.1 7.3.2 7.4 driving while under the influence of intoxicating liquor or drugs; or reckless driving.

7.2

7.3

The state vehicle operator privileges of a state officer or employee may be suspended or revoked if a state vehicle is damaged or destroyed due to the negligence of the officer or employee. Other disciplinary action against the officer or employee is the responsibility of the state agency employing such person. If involved in an accident resulting in bodily injury or property damage, a state officer of employee shall, as soon as possible, notify the Risk Management Division by telephone and, within twenty-four hours, submit a completed accident report to the Risk Management Division. If the state vehicle is a pool vehicle, the officer or employee shall also notify the pool and file a copy of the accident report with the pool. Failure to comply with this subsection may result in suspension or revocation of the state. vehicle operator privileges of all authorized drivers who were in the vehicle at time of the accident.

7.5

Page 4 GSD 90-202

7.6

All state vehicles must be given appropriate maintenance servicing at regular mileage or time intervals in accordance with the manufacturer's specifications.

8.

STATE VEHICLE OPERATOR PRIVILEGES 8.1 State vehicle operator privileges will be available to state officers or employees who possess a current, valid license to operate a motor vehicle in this state and who have completed any defensive driving course or orientation prescribed by the Secretary. State vehicle operator privileges are invalid upon revocation, suspension or expiration of a state officer's or employee's license to operate a motor vehicle in this state. The Director or the state agency that employs a state officer or employee may suspend or revoke an authorized driver's state vehicle operator privilege for failure to comply with any provision of GSD Rule 90-202. 8.3.1 A state agency shall report-to the Director each suspension or revocation that it imposes. Upon request from a state agency, the Director will identify those state officers and employees whose state vehicle operator privileges have been suspended or revoked.

8.2

8.3

8.3.2

9.

STATE VEHICLE MARKINGS 9.1 In order to comply with Section 15-3-28 NMSA 1978, state vehicles shall have painted on each side, in yellow or white paint, and in letters not less that two inches in height, the following designation of ownership: "State of New Mexico, Department." If a department has more than one state vehicle assigned to its use, each vehicle shall be conspicuously numbered in consecutive order. Subsection 9.1 shall not apply to state vehicles designated as "undercover vehicles" by the Secretary.

9.2 10.

USE OF PERSONAL VEHICLES FOR OFFICIAL BUSINESS 10.1 A state agency may authorize a state officer or employee to use a personal or other private vehicle for official state business if the officer or employee has a current, valid license to operate a motor vehicle in this state.

Page 5 GSD 90-202

11.

EXCLUSIONS FROM TRANSPORTATION POOL 11.1 The following state vehicles are excluded from the State Transportation Pool, but not from the provisions of Sections 1 through 10 of this rule: 11.1.1 11.1.2 state vehicles operated by the State Police: state vehicles operated by educational institutions designated in Article 12, Section 11 of the New Mexico Constitution; state vehicles operated by the State Highway and Transportation Department; state vehicles operated by the State Land office; state vehicles Commission; operated by the State Game

11.1.3 11.1.4 11.1.5 11.1.6

state vehicles operated by the State Forestry Division of the Energy, Minerals and Natural Resources Department; state vehicle not based in Santa Fe; and special-purpose Secretary. state vehicles excluded by the

11.1.7 11.1.8 12.

APPLICATION TO LEASE A POOL VEHICLE 12.1 A state agency may request a pool vehicle by completing the application section of a trip ticket. Requests shall include intended destinations, the estimated number of miles the vehicle will be driven, and the expected date the vehicle will be returned to the pool. Requests for specific pool vehicles will not be honored. Pool vehicles will be picked up and returned to the pool by a leasing agency; pick-up or return service will not be provided by the pool. Advance telephone reservations are encouraged to assist maintenance, scheduling and vehicle preparation. However, due to limited fleet, advance reservations should be confirmed the day before departure in order to ensure vehicle availability.

12.2

12.3

12.4

Page 6 GSD 90-202

13.

CHECK-OUT OF POOL VEHICLES 13.1 Pool vehicles will be released to a state officer or employee only after the officer or employee has: 13.1.1 presented to the pool a completed trip ticket signed by authorized official of a leasing agency. Pool personnel are not authorized to issue trip tickets; exhibited a current, valid license to operate a motor vehicle in this state; and signed a receipt for the pool vehicle, keys and pool credit card. not be dispatched if it is known that adjustments or replacement of tires is

13.1.2 13.1.3 13.2

Pool vehicles will mechanical repairs, needed.

14.

CHECK-IN OF POOL VEHICLES 14.1 Immediately, upon completion of a trip, a pool vehicle shall be returned to the pool. If, for good reasons, a pool vehicle cannot be returned to the pool on the date specified on the trip ticket, the state officer or employee shall notify the pool. whenever a pool vehicle is returned to the pool during normal working hours, the state officer or employee shall report vehicle defects to the dispatcher. When it is necessary for a state officer or employee to return a pool vehicle to the pool before or after normal working hours, the officer or employee shall: 14.3.1 park the pool vehicle non-duty hours turn-in: in the area designated for

14.2

14.3

14.3.2

record the odometer reading and the time of turn-in in the space provided on the officer's or employee's copy of the trip ticket; close all windows and lock the pool vehicle: deposit the keys, pool credit card (with holder and all credit card purchase tickets), and the officer's or employee's copy of the trip ticket in the mail slot located at the lower left of the front door of the pool office; and

14.3.3 14.3.4

Page 7 GSD 90-202

14.3.5

list any mechanical or operational deficiencies or needed adjustments on the trip ticket.

15.

MECHANICAL OR OPERATING FAILURE 15.1 Mechanical or operating deficiencies that occur while a pool vehicle is on dispatch shall be corrected in accordance with this section. In no case shall a state officer or employee continue to operate a pool vehicle if continued operation could endanger any person or property. 15.1.1 Minor necessary repairs, including towing, that do not exceed one hundred dollars ($100.00) shall be ordered and paid for by using a pool credit card. Whenever the estimated cost of repairs or adjustments exceeds one hundred dollars ($100.00), the state officer or employee shall notify the pool (telephone collect 827-8314), and the pool will authorize the repairs or take other appropriate action. Travelers who are stranded outside of the Santa Fe area and cannot wait for repairs are responsible for making their own arrangements.

15.1.2

16.

USE OF POOL CREDIT CARD 16.1 A pool credit card shall be used only for the following: 16.1.1 gasoline and oil for the pool vehicle designated on the card; and minor repairs this rule. described in Paragraph 15.1.1 of

16.1.2

16.2

A state officer or employee shall retain the customer's copy of each pool credit card purchase ticket and remit it to the pool when returning a pool vehicle. All operating costs of a pool vehicle during a trip shall be paid with a pool credit card. State officers and employees, whenever possible, shall use self-service fuel pumps when refueling pool vehicles. State officers and employees are further encouraged to use ethanol-blended gasoline when available. A state officer or employee shall prevent unauthorized use of a pool credit card. All or any the

16.3

16.4

Page 8 GSD 90-202

part of the costs incurred through the unauthorized use of a pool credit card may be assessed against the officer or employee to whom the card was issued. by a state agency for misuse of pool credit card. authorized driver may have his or her state vehicle operator privileges suspended or revoked. 16.5 17. If a pool credit card is lost, a state officer or employee Shall immediately notify the pool.

COST OF LEASING POOL-VEHICLES 17.1 A leasing agency shall pay the pool a fee, in accordance with a fee schedule adopted by the Secretary, for the use of a pool vehicle.

18.

CARE OF POOL VEHICLES, LIABILITY 18.1 18.2 A leasing agency is responsible for the safekeeping and return of a pool vehicle and its assigned items of equipment. The pool will assess the costs of repairing or replacing a pool vehicle against a leasing agency if the damage or loss occurs because of negligence or abuse by the agency's officer or employee. The leasing agency, in turn, shall seek reimbursement from the officer or employee if the provisions of Subsections 4.2 or 7.3 of this rule apply. The pool will assess any unpaid traffic citations and parking tickets against a leasing agency. The leasing agency, in turn, shall seek reimbursement from the state officer or employee who is responsible for the citation or ticket under the provisions of Subsection 6.3 of this rule.

18.3

Page 9 GSD 90-202

NOTICE OF INCIDENT – STATE OF NEW MEXICO (Fill out this form in detail) PLEASE PRINT OR TYPE LOCATION CODE:___________

Dept./Div._______________ Div. Address___________________ STATE OF NEW MEXICO TIME, DATE & PLACE OF INCIDENT Div. Contact Person___________________Phone No. _________ Employee Involved___________________Phone No. __________ Date___________Time__________a.m.__________________p.m. Location of Incident_____________________________________

Full Name_____________________________________Age_____ Address______________________________Phone No._________ ______________________________ INJURED PERSON Employed By__________________________________________ Injuries_______________________________________________ Treated by______________________Address________________ ______________________________________________________

Full Name_________________________Phone No.____________ OWNER OF PROPERTY DAMAGE Address_______________________________________________ Description of Property Damaged__________________________ ____________________________________________________ _ WITNESSES PHONE NO. NAME ADDRESS ______________________________________________________ _____________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________

DESCRIPTION OF INCIDENT (If more space is needed use reverse side of this form)

Date____________________Reported by___________________Dept/Div_______________________

(REV. 05/93)

NEW MEXICO DEPARTMENT OF LABOR GENERAL SERVICES BUREAU VEHICLE MILEAGE REPORT

License #: G

Mail completed form To GSB at the END of Each month. Mail to: P.O. BOX 1928 ALBUQ., NM 87103

Month:

Weekending:

Dates)
(Include all dates vehicle is used)

Print FULL Driver's Name

Cost Center #

Destination

Time

Speedometer Reading

Total miles

1/2 TANK GAS-MORE

Vehicle CLEAN

Yes From: Out: Beg:

No

Yes

No

To:
From:

In:
Out:

In:
Beg: 1n: Beg:

To:
From:

In:
Out:

To:
From:

In:
Out:

In:
Beg:

To:
From:

In:
Out:

In:
Beg:

To:
From:

1n:
Out:

In:
Beg:

To:
From:

In:
Out:

1n:
Beg:

To:
From:

1n:
Out:

In:
Beg:

To:
From:

In:
Out:

In:
Beg:

To:
From:

In:
Out:

In:
Beg:

To:
From:

In:
Out:

In:
Beg: In: Beg:

To:
From:

In:
Out:

To:

In:

In:

1. All drivers must have taken or be scheduled to take a Defensive Drivers Course. A copy of Defensive Driver certificate must be sent to General Services Bureau. 2. All portions of this form must be filled out completely. 3. Attach all receipts for gas or maintenance to this form. 4. Any questions contact General Services Bureau 841-8513.