Ariz. Admin. Code § 17-1-403

Current through Register Vol. 30, No. 25, June 21, 2024

Section R17-1-403 - State Vehicle Usage; Operator Responsibilities

A. A state employee shall follow the recommendations for state vehicle usage as provided under Topic 50, Section 15, of the State of Arizona Accounting Manual (SAAM 5015) for the use of individually operated motor vehicles. Use of a state vehicle is always preferable to the use of a personally-owned or in-state commercially-rented vehicle, in most circumstances, and all travel for the state shall be conducted as reasonably and as economically as possible.

1. A state employee who uses a state vehicle, or a vehicle not owned by the state, to conduct state business shall operate that vehicle in accordance with all applicable state laws, rules, and policies.

2. Before commencing travel in a vehicle not owned by the state, a state employee shall check to see if a state vehicle is available for use, and if available, use the state vehicle.

3. Before commencing travel in a vehicle not owned by the state, a state employee shall:

a. Estimate the total cost of their private vehicle travel expenses, including the total round-trip miles; and

b. Submit the estimate to the employee's supervisor for approval.

4. Reimbursing a state employee for using a privately-owned vehicle, when a state vehicle is not available within the agency or group, shall be conducted as provided under SAAM 5015.

B. An operator, while on duty or on-call for duty, shall use a state vehicle for state government activities only as prescribed under A.R.S. § 38-538.02.

1. A state vehicle shall be operated only by a state employee. Any exception shall be authorized by the using agency's director or the using agency director's designee.

2. An operator may use a state vehicle only in the performance of state business. Use of a state vehicle for private transportation is a Class 2 misdemeanor and is prohibited as prescribed under A.R.S. § 38-538.04.

3. An operator may take a state vehicle home, while in travel status, when it is more practical to do so and it is in the best interest of the agency. An operator shall obtain prior supervisory approval before taking a state vehicle home.

C. Any state employee holding a valid Arizona driver license may be a state vehicle operator if authorized by the employee's agency.

D. An operator shall possess all licenses and certifications required for the operation of the class of vehicle assigned.

E. Domicile-to-duty assignment.

1. A using agency shall first seek and obtain permission from ADOT Equipment Services before allowing a state vehicle to be dispatched from an operator's home on a continual basis. The using agency may request this type of vehicle assignment by completing a domicile-to-duty request form located on the ADOT website under Equipment Services.

2. A complete domicile-to-duty request form submitted to ADOT Equipment Services shall include:

a. Clear justification outlining why it is in the best interest of the state for the operator to take the state vehicle home each night; and

b. Acknowledgement of the using agency director's approval.

3. Having an operator working from home is not an automatically justifiable reason for approving a request.

4. ADOT Equipment Services shall review and either approve or deny each domicile-to-duty request within 10 business days of receiving the request from a using agency.

5. A domicile-to-duty request approved by ADOT Equipment Services shall be:

a. Vehicle and operator specific;

b. Authorized for a period of up to one year; and

c. Renewable on expiration.

6. All using agencies with active domicile-to-duty assignments shall resubmit justifications for renewal to ADOT Equipment Services on an annual basis.

7. ADOT Equipment Services shall review and keep all approved domicile-to-duty requests on file for one year from the time the request is approved.

8. ADOT Equipment Services shall up-fit all domicile-to-duty program vehicles with a GPS fleet management device as part of the state's motor vehicle fleet management program.

F. State vehicle assignment, reassignment, and records.

1. ADOT Equipment Services reserves the right to assign and reassign any state vehicle where needed as determined by the Department.

2. ADOT Equipment Services shall maintain and continuously review all state vehicle assignment records to ensure efficient and effective operation of the state vehicle fleet, which shall include a review of all state vehicles that do not meet the minimum utilization standard of 8,000 miles per rolling 12-month period or 10 trips per week. ADOT Equipment Services may reassign any state vehicle that does not meet the minimum utilization standard.

3. All using agencies shall report to ADOT Equipment Services within three business days of making a change to the address or zip code of any assigned state vehicle to ensure appropriate alignment with state and federal air quality mandates.

G. Prohibited uses of a state vehicle include:

1. Transportation for personal business or convenience; and

2. Transportation of family members, friends, or any other person not essential to accomplishing the purpose for which the vehicle is dispatched.

H. Allowable uses of a state vehicle include:

1. An operator may permit a non-state employee to ride as a passenger only if the passenger is on official state related business, which may include a person who is:

a. Directly involved in a program sponsored or administered by the agency;

b. A federal administration employee working in collaboration with the operator;

c. A city or county employee; or

d. Temporarily in need of assistance due to a roadside emergency or similar situation.

2. An operator may use a state vehicle for transportation to a job interview with any state agency if approved in advance by the operator's supervisor or as otherwise outlined in the operator's agency employee handbook.

I. Fueling facilities.

1. An operator shall use an ADOT fueling facility when available within five miles of the state vehicle's location. If an ADOT fueling facility is not available, the operator shall use a fueling facility that accepts the state-issued fuel card. Each operator shall verify fueling availability and hours of operation prior to commencing travel.

2. An operator assigned an alternative fuel vehicle shall use alternative fuel when available.

3. An operator shall only use regular unleaded gasoline. Dispensing a medium or premium grade of fuel into a state vehicle is prohibited.

J. Repairs.

1. An operator shall drive a state vehicle safely and obey all state traffic laws to help protect the vehicle's mechanical condition.

a. Any defect or malfunction shall be immediately reported to the nearest ADOT Equipment Services shop location; and

b. Any tampering or obvious vehicle abuse by an operator may result in disciplinary action and a direct billing to the operator's agency for reimbursement of damages.

2. An operator shall obtain authorization from ADOT Equipment Services before using a commercial repair shop for servicing or repairing any state vehicle.

K. Care of vehicles.

1. ADOT Equipment Services shall ensure that a state vehicle:

a. Bears a current state license plate as prescribed under A.R.S. § 28-2511;

b. Bears an appropriate designation as prescribed under A.R.S. § 38-538, § 38-538.01, or § 38-538.03;

c. Is registered with the Arizona Department of Transportation, Motor Vehicle Division, as prescribed under A.R.S. § 282511; and

d. Complies with state emissions laws as prescribed under A.R.S. §§ 49-542 and 49-557.

2. An operator shall ensure that:

a. A state vehicle is kept clean and free of litter;

b. Any visual defect or known malfunction is promptly reported to ADOT Equipment Services. If ADOT Equipment Services determines that an operator was negligent and failed to safeguard the state vehicle, the cost of any resulting damage shall be billed directly to the using agency;

c. The vehicle maintenance schedule managed by ADOT Equipment Services is followed at all times. An operator is subject to disciplinary action for damaging state resources when a state vehicle is not turned in on time for scheduled services; and

d. Smoking, chewing tobacco, or vaping in a state vehicle is not authorized.

i. If ADOT Equipment Services determines that smoking, chewing tobacco, or vaping has occurred in or caused damage to a state vehicle, the operator's agency shall pay for the cleaning and repair expenses and the operator is subject to disciplinary action for violating state law.

ii. A subsequent incident of smoking, chewing tobacco, or vaping in a state vehicle shall result in the operator losing the privilege to operate a state vehicle.

L. Prohibited activities.

1. No state vehicle shall be modified or tampered with in any way. Prohibited modification or tampering shall include activities such as disconnecting a GPS fleet management device, modifying a vehicle's markings, or removing a required decal.

2. An operator shall not idle a state vehicle for more than five minutes unless the state vehicle is actively engaged in a work function or idling is required for a safety reason. A state vehicle shall never be left idling unattended or while being fueled.

3. An operator shall not, at any time or under any circumstance, consume or transport any type of alcoholic beverage or a non-prescription controlled substance or drug in a state vehicle. A state vehicle shall not be operated by anyone under the influence of intoxicating liquor, drugs, or other substances.

4. An operator shall not use a state vehicle to transport any items or goods which are not the property of the state, unless such transportation is directly related to official business being conducted by an agency.

M. Parking.

1. An operator shall use discretion on where to park a state vehicle. Non-work-related stops when using a state vehicle are prohibited with the exception of restroom stops and meals when in travel status. Parking at a business where food is the primary service is acceptable when the operator is either:

a. In travel status as indicated in SAAM 5009, Responsibilities of Travelers and Those Making or Reviewing Travel Arrangements; or

b. Not in travel status but working away from the operator's work unit and eating nearby would reduce state vehicle mileage and fuel consumption.

2. An operator assigned a state vehicle shall park the vehicle off the street if taken home at night. If garage parking is not available, the operator shall check their local homeowner's association rules prior to parking a state vehicle on the premises. The operator shall remove all state property from the parked vehicle and ensure that the vehicle is locked and secured.

Ariz. Admin. Code § R17-1-403

New Section made by final rulemaking at 8 A.A.R. 3236, effective July 10, 2002 (Supp. 02-3). Section repealed by final rulemaking at 15 A.A.R. 182, effective March 7, 2009 (Supp. 09-1). New section made by exempt rulemaking at 28 A.A.R. 3366, effective 9/29/2022.