Ariz. Admin. Code § 17-1-404

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

Section R17-1-404 - Fleet Safety and Risk Management

A. A using agency shall use the state's ESEDRA program to review the driving record of each employee authorized to operate a state vehicle according to the procedures developed and implemented by the using agency as prescribed under A.A.C. R2-10-207 and the Statewide Motor Vehicle Safety Policy.

B. A state employee shall attend a defensive driver training course, as prescribed under A.A.C. R2-10-207, before being permitted to operate a state vehicle.

C. An operator who drives a state vehicle shall take a defensive driver training refresher course as often as required by the operator's agency. A driver that receives a citation for a traffic violation may be required by the operator's agency to take defensive driver refresher training as prescribed under A.A.C. R2-10-207.

D. An operator required to drive a state vehicle shall immediately notify a supervisor of any suspension, revocation, cancellation, restriction, disqualification or other action affecting the operator's license or certification needed to operate a state vehicle.

E. An operator, whether driving a state vehicle or a privately-owned vehicle on state business, shall not engage in distracted driving as prescribed under A.R.S. § 28-914. An operator is prohibited from using text messaging features on mobile communication devices while operating a vehicle except as permitted under A.R.S. § 28-914.

F. An operator shall ensure that there is evidence of insurance in the state vehicle before operating the vehicle. This certificate is included in the motor vehicle accident reporting packet stored in the glove compartment of each state vehicle. Additional motor vehicle accident reporting instructions are available from all ADOT Equipment Services offices.

G. An operator shall use a safety belt, as prescribed under A.R.S. § 28-909, and ensure that all passengers use a properly fastened safety belt. A state employee not wearing a safety belt may be subject to disciplinary action up to and including dismissal.

H. An operator shall not deactivate a driver or passenger side airbag unless doing so per manufacturer guidelines. All manufacturer's guidelines and those of the National Highway Traffic and Safety Administration (NHTSA) shall be followed when transporting:

1. Infants in rear-facing seats;

2. Children under the age of 12;

3. Adults with medical conditions that place them at specific risk, including people with certain prosthetic devices; and

4. Persons who cannot adjust their seat position to maintain approximately ten inches between the person's breastbone and the airbag.

I. Persons listed under subsection (H) shall be transported in a vehicle equipped with a rear seat or a vehicle not equipped with passenger side front airbags when available and practical. In cases where no other transportation options exist, and where the passenger side airbag has been deactivated to provide transportation to those listed under subsection (H), the operator shall reactivate the passenger side airbag immediately upon the exit of the passengers.

J. An operator, whether driving a state vehicle or a privately-owned vehicle on state business, shall report all vehicle accidents or incidents involving the vehicle that have resulted in damage to any property or injury to any person according to the operator's agency procedures for accident and incident investigations developed under A.A.C. R2-10-207, and notify ADOT Equipment Services as indicated on the Department's website at www.azdot.gov.

1. An operator shall report a state vehicle accident to the police and shall make a written report to the ADOT Equipment Services, Vehicle Risk Management Group, within 24 hours after the accident using the automobile loss report form contained in the accident reporting packet. If the operator is incapacitated, the operator's supervisor shall make the report.

2. The operator and the operator's supervisor shall sign the automobile loss report and forward it to the ADOT Equipment Services, Vehicle Risk Management Group, within 24 hours after the accident. If the police report is not available when the automobile loss report is due, the operator shall submit the police report regarding the accident to the ADOT Equipment Services, Vehicle Risk Management Group, within 10 calendar days after the accident.

3. If other vehicles are involved, or there are witnesses to the accident, the operator shall request all other drivers and witnesses complete a witness information card located in the accident reporting packet. The operator shall obtain the name and telephone number of any witnesses.

4. If no other vehicles are involved, or the police are unable to respond, the operator shall document as much information about the accident or incident as possible and take pictures where possible.

K. An operator may stop a state vehicle at the scene of any crash incident to provide motorist assistance within reason and to the extent of the operator's abilities. The operator is not required to compromise the operator's personal safety or the safety of any passengers. The operator may stop and assist a stranded motorist who is a great distance away from help, especially in bad weather, or may radio or phone the location of the motorist to the ADOT Traffic Operations Center (TOC) or the Department of Public Safety. Under unusual circumstances, an operator may transport a stranded motorist to the nearest place of reasonable safety, but only after calling 911. Children under five years of age or under 40 pounds shall be transported in a child safety seat, as prescribed under A.R.S. § 28907, if available, or the seat from the stranded motorist's vehicle may be used.

L. Traffic citations.

1. An operator is personally responsible for the prompt payment of any fines imposed for a moving or non-moving traffic violation received while operating a state vehicle unless the citation was issued for mechanical failure. Under no circumstances shall the citation be paid with state or federal funds.

2. An operator who receives a traffic citation for mechanical failure shall, as soon as possible:

a. Personally take the citation along with the state vehicle to the nearest ADOT Equipment Services shop location; or

b. Contact the nearest ADOT Equipment Services shop location to receive instruction on the safest way to repair the issue.

3. An operator who receives a traffic citation while operating a state vehicle and fails to resolve the matter within 90 calendar days after the issue date on the citation shall lose the privilege of operating a state vehicle. The operator's privilege shall be reinstated when the operator provides the ADOT Equipment Services, Vehicle Risk Management Group, with verification that the operator:

a. Paid the fine,

b. Contested the traffic citation successfully, or

c. Submitted proof of successful completion of traffic school, and

d. Possesses a valid driver license.

M. An appropriately licensed operator may transport a small amount of explosive material in a state vehicle if required for conducting state business and approved by the ADOT Safety & Health Section with approval in writing by the second-line supervisor. All required placards shall be displayed on the transporting vehicle.

Ariz. Admin. Code § R17-1-404

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.