§1.05
Use of Official
Vehicles
Rev. 09/11
Employees of Lawrence Berkeley National Laboratory (Berkeley Lab) are never required to use their personal vehicles for business purposes, and such use is not for the convenience of the Laboratory. The Laboratory Facilities Division provides bus and other transportation services, including vehicles from Fleet Operations for individual and divisional use. Laboratory vehicles are for official use only, i.e., for the performance of Laboratory work and business. Passengers in Laboratory-furnished vehicles must be directly associated with the official University of California (UC) business for which the vehicle is assigned or with other official business of the Laboratory. Bus service is provided around the Laboratory, and to and from the UC Berkeley campus and local Bay Area Rapid Transit locations.
- Each division
director and department head is responsible for restricting the use of
Laboratory vehicles to official Laboratory business by properly
authorized personnel, as described in Paragraph
(D), below, and for informing all authorized drivers regarding
misuse of such vehicles and personal liability for costs involved in
cases of misuse. Copies of RPM §1.05 may be obtained from Fleet
Operations for distribution as needed.
- Questions
concerning any use of an official vehicle should be referred to the
Fleet Operations office.
- Laboratory-furnished
vehicles may properly be used for transportation between an individual's
place of work, residence, lodging, or eating place only when at least
one of the following circumstances exists:
-
The nature of the work requires a vehicle at or near an employee's
residence or lodging in order to respond to emergencies or expected
off-hour calls.
- A vehicle is necessary to perform special hauling or
other services for the Laboratory between an employee's place of work
and a location at, near, or en route to his or her residence or lodging.
- An employee is required to depart on or return from a
field trip at unusually early or late hours.
- Public
transportation is not practicable or reasonably available while an
employee is on a field trip or official travel.
- Special
or emergency situations required by Laboratory work, such as unexpected
overtime, make it unreasonable to expect an employee to use other
transportation to his or her residence or lodging.
-
Use of an official vehicle in any of the above circumstances must be
authorized by use of Form RL-2749 (Request for Overnight Use of
Official Vehicle) or Stock Form 7600-55366 (Request and
Authorization for Official Travel).
Use of an official vehicle for an employee's personal convenience or benefit
constitutes misuse and is prohibited. Misuse includes the following specific
examples:
- Trips to service stations or repair shops in
connection with the servicing or repair of any individual's private
car.
- While on special assignment or official travel,
side trips for meals that involve significant extra time or distance to
satisfy a personal preference when other reasonable and adequate eating
places are more convenient to the employee's lodging, place of work, or
direct route of official travel.
- Local stops for
personal shopping or other business, even if such stops are on a direct
route of travel on an official trip.
- Trips within the Laboratory for personal convenience (e.g., to the
cafeteria).
- The restrictions on the use of Laboratory vehicles also
apply to rental vehicles used for official business. Because the
agreement signed by an individual for rental of a vehicle is a contract
between the individual and the rental company, rental vehicles may also
be used for personal convenience or business as long as the individual
pays for any additional costs for, e.g., mileage, day charges, and
insurance fees resulting from personal use.
- The
University is self-insured for the deductible provision in the collision
insurance normally included in rental agreements for vehicles used on
official business. If an individual uses a rental vehicle for personal
uses, University insurance does not apply. Individuals who wish to use
a rental vehicle for personal business should pay the additional fee for
full insurance coverage on the vehicle. This fee is not reimbursable by
the Laboratory.
- Non-employees are normally
not authorized to use Laboratory-furnished vehicles. They may be authorized
to use Laboratory vehicles, however, when they are engaged in contract
work and when it would be economically beneficial to the Laboratory for
them to do so. Approval by the responsible division director or
department head must be made in writing to the non-employee
individual, with copies to Fleet Operations and the Environment, Health,
and Safety
Division.
- Non-employee operators must be licensed as
specified in Paragraph (D), below.
Operators of Laboratory-furnished vehicles are personally liable for the costs
of any damages incurred due to their misuse of such vehicles. Misuse means unauthorized
use, use for an improper purpose, gross negligence in the care and operation
of an official vehicle, or not adhering to traffic safety regulations.
Employees who knowingly misuse Laboratory vehicles are subject to disciplinary
action such as written reprimand, temporary suspension without pay, or dismissal.
They may also be subject to criminal penalties under 18 United States Code §641
that provide for a fine of not more than $10,000, up to 10 years in jail,
or both.
The use of Laboratory vehicles, including rental vehicles, for unofficial business
may expose the driver to public liability in the event of an accident, particularly
if the accident is found to be caused by the driver's negligence. If the use
of a vehicle is not official or the driver stops en route or deviates from a
direct route to conduct personal affairs while on official business, he or she
may be found to have departed from the scope of employment. In such a case,
the University and the government would disclaim liability, and the driver would
be financially responsible.
Operators of Laboratory-furnished vehicles are personally responsible for the
payment of any fines levied by any public law enforcement agency and will receive
parking violation points levied as a result of any violation of Laboratory parking
regulations, except when the violation is a direct result of a failure of the
vehicle and that malfunction was reported immediately to the Laboratory Fleet
Office.
All individuals whose duties require them to drive University-owned or government-owned
(e.g., DOE or GSA) vehicles must possess a valid license, as specified in
the California Vehicle Code. Generally, this means a valid State of California
license of the appropriate class. When it is in the interest of Laboratory
business, however, a nonresident of California may drive a Laboratory-furnished
vehicle if that person meets the requirements of the California Vehicle Code.
Non-employees must also have written authorization to drive Laboratory-furnished
vehicles as specified in Paragraph (B)(4), above.
Personnel who operate nonstandard vehicles must carry certificates for operation
of the specific type of nonstandard vehicles. Training and certification are
required before operation of mobile or bridge cranes, earth-moving equipment,
and forklift trucks. The Environment, Health, and Safety Division will provide
detailed information concerning appropriate certification. Operator certification
may be revoked if there is evidence of failure to follow safe operating procedures.
All professional drivers and selected incidental drivers must attend training
courses, as required by policy or departmental practice.
If an employee whose duties involve operation of an official vehicle has his
or her state driver's license revoked or suspended, the employee must notify
his or her supervisor. Division directors or department heads must ensure that
no one operates an official vehicle without a valid license (and certification,
when required).
Drivers holding commercial driver's licenses (classes A and B) and who operate
vehicles of 26,001 lbs. gross vehicle weight (GVW) or more, or who operate
any vehicle carrying hazardous material for which the vehicle is placarded,
will be enrolled in the DOT-mandated Laboratory Driver Drug and Alcohol Testing
Program, as specified in RPM §2.23(C)(4) (Substance Abuse in the
Workplace).
The California Commercial Motor Vehicle Safety Act requires employers of drivers
of certain types of vehicles to obtain reports of their public driving record
from the Department of Motor Vehicles (DMV). A public driving record includes
incidents occurring while driving on and off the employer's place of business.
Under the California Vehicle Code, there are criminal penalties for employing
or continuing to employ as drivers those persons who have had disqualifying
actions taken against their licenses or certificates.
This law
applies to the Laboratory with regard to drivers who (a) drive a vehicle
requiring a class A or class B driver's license and (b) must obtain
special certificates to drive the following vehicles: ambulances,
private school buses, farm labor vehicles, special construction
equipment, youth buses, vehicles transporting radioactive materials,
vehicles transporting hazardous wastes, and vehicles with tank
configurations. Students, unless hired primarily as drivers, and van
pool drivers are not included. Vehicle Code §12810.5 also specifies
the number of violation points assigned by the DMV that will result in a
presumption that a driver is a negligent operator of a motor vehicle.
The Laboratory could be liable if a negligent driver is permitted to
continue driving for the Laboratory and is involved in an accident.
This policy applies to (a) Laboratory employees hired primarily as drivers;
(b) any Laboratory employee who, in the course of employment, drives a vehicle
requiring a class A or class B driver's license; and (c) any employee who must
obtain a special license or certificate to drive any of the vehicles listed
above.
Laboratory employees in the following classifications
are also covered by this policy:
| Title Code | Classification |
| 345.0 | Assistant Fire Chief |
| 345.1 | Fire Chief |
| 566.2 | Material Handler (Mailroom) |
| 566.3 | Material Handler (Mailroom) |
| 644.0 | Firefighter |
| 644.1 | Fire
Captain |
| 737.1 | Garage Attendant |
| 738.1 | Bus Driver |
| 738.2 | Senior
Bus Driver |
| 741.0 | Health and Safety Technician,
Trainee |
| 741.1 | Health and Safety
Technician |
| 741.2 | Health and Safety Technician,
Senior |
| 741.3 | Health and Safety Technician,
Principal |
| 741.4 | Health and Safety Technical
Specialist |
| 741.6 | Health and Safety Technician,
Apprentice |
| 745.1 | Truck Driver, Light |
| 745.2 | Truck Driver |
| 745.3 | Lead Truck
Driver |
At the discretion of the
involved division director or department head and with approval of the
Head of the Human Resources Department or designee, additional titles or
positions may be covered as required.
- The Laboratory has requested and
been assigned a Requester Code Number for participation in the DMV Pull
Notice System. This system provides the employer with a report showing
each driver's current public record and the status of any required
driver's certification. The Human Resources Department will initiate
individual additions to or deletions from the DMV Pull Notice System.
- To protect confidentiality, DMV reports are maintained
in a secure location by the Human Resources Department and destroyed
once their legitimate use has ended.
- Applicants for
positions covered by this policy are required to provide a satisfactory
current report on the status of their driver's license from the DMV as a
condition of employment. No appointment may be made until appropriate
documentation from the DMV has been received.
- On
termination of a driver's employment, the Human Resources Department
will notify the DMV to cancel future reports for the individual.
- Each Laboratory employee covered by the policy will be notified
by letter from the Human Resources Department, with a copy to the responsible
division director, stating that:
- The Laboratory receives reports of his or her public driving record
from the DMV.
- These reports may be used as a basis for discipline up to and including
dismissal.
- He or she is responsible for maintaining his or her required driver's
license and, if applicable, driver's certification in good standing.
- He or she is responsible for immediately informing his or her supervisor
of any change in the status of his or her driver's license and/or driver's
certification.
- Revocation or suspension of his or her driver's license and/or driver's
certification may result in loss of employment with the Laboratory.
- He or she is required to acknowledge receipt of the letter by dating
and signing it and returning it to the Human Resources Department.
- Postings of job vacancies for positions covered by this policy must
inform applicants that, as a condition of employment, they are required (1)
to provide a satisfactory current report on the status of their public driving
record from the DMV and (2) to acknowledge receipt of the letter described
in Paragraph (4)(a), above, by dating and signing
it and returning it to the Human Resources Department.
- On receipt of a report of
conviction, failure to appear, accident, driver's license suspension,
revocation, or other action taken against a Laboratory employee, the
Human Resources Department will communicate the nature of the offense to
the responsible division director.
- The Vehicle Code
states that the Laboratory is liable for criminal penalties if, after
receiving a driving record, it continues to employ as a driver any
person against whom a disqualifying action (suspension or revocation)
has been taken regarding his or her driver's license and/or driver's
certificate.
- The Vehicle Code states that a driver
will be presumed to be a negligent operator of a motor vehicle if his or
her driving record shows a violation point count of four or more points
in 12 months, six or more points in 24 months, or eight or more points
in 36 months.
- Whenever a report for an employee
driver is received indicating that one or more points have been assigned
to the employee by the DMV, a written warning (notice of corrective
action) may be issued by the responsible manager or supervisor following
consultation with the Human Resources Department.
- Whenever a report for an employee driver is received indicating
that a disqualifying action (suspension or revocation) has been taken regarding
his or her driving privilege and/or driver's certificate, or that he or she
is presumed by the DMV to be a negligent operator of a motor vehicle based
on a violation point count, disciplinary action (up to and including dismissal)
may be taken by the responsible department head following consultation with
the Human Resources Department.
- In addition, whenever a report for an employee driver is
received indicating that any other serious driving violation has
occurred (even though a disqualifying action has not been taken or the
violation point count is not sufficient to cause the driver to be
presumed by the DMV to be a negligent operator of a motor vehicle),
disciplinary action (up to and including dismissal) may be taken by the
responsible department head following consultation with the Human
Resources Department.
Individual driving privileges may be refused, revoked, or suspended by the
responsible department/division or the Traffic Safety Committee whenever Laboratory
policy is violated.
Each use of a passenger vehicle (car or station wagon) will be recorded at
the time of use in
a vehicle register (sign-out sheet) furnished by Fleet Operations. This applies
to vehicles (a) signed out from Fleet Operations or a subpool on a trip or
errand basis and (b) assigned for departmental use. These registers show the
date, driver's name, operating account number, destination, time, and mileage
out and in. Vehicle registers must be sent to Fleet Operations each month.
Any exception requires the approval of the Associate Laboratory Director for
Operations.
Groups that are assigned nonpassenger vehicles (scooters, trucks, and special
purpose) for specified long-term needs will keep any use records required by
the Fleet Operations office. These records usually involve monthly mileage only
but may require logging of individual uses to verify continuing need for a vehicle
in case of low mileage or off-site use. Vehicle-use records (or copies) will
be forwarded to the Fleet Operations office when requested.
All accidents involving University-furnished vehicles will be reported as
specified in Health
and Safety Manual (LBNL/PUB-3000, §5.1.1.5 (Motor Vehicle Accidents)).
Federal regulations restrict painting (including lettering and the use of decals
or logos), modifying, or adding accessories to government-owned vehicles. Fleet
Operations is responsible for determining the need and for obtaining authorization
as required. Requests for such authorization should be made through Fleet Operations.
Normal painting of vehicles is only that required for preservation. Justification
is required for nonstandard painting.
Fleet Operations will be guided by current regulations as well as overall vehicle
fleet use considerations in determining the need for modification or addition
of accessories on Laboratory vehicles.
Because the public will recognize any identification as representing the Laboratory,
the University of California, and DOE, any identification must meet standards
of size, design, color, and appropriateness for its specific use. To maintain
consistency of such signs, logos, or other identification, plans (including
sketches or other descriptive information) must be reviewed by the responsible
Laboratory division, which will forward the information to Fleet Operations
for appropriate action.
Printed
. The official or current version is located in the online LBNL Requirements and Policies Manual.
Printed or electronically transmitted copies are not official. Users are responsible for working with the latest approved revision.