N.J. Admin. Code § 6A:23A-6.12

Current through Register Vol. 56, No. 11, June 3, 2024

Section 6A:23A-6.12 - District board of education vehicle assignment and use policy

(a) Each district and CVSD board of education shall adopt a policy(ies) regarding school district vehicle assignment to ensure compliance with this section, in accordance with OMB Circular "The State Vehicular Assignment and Use Policy" or any superseding circulars.

(b) The district board of education, upon the recommendation of the superintendent may authorize, by an affirmative vote of its full membership, the lease, lease-purchase, or purchase and assignment of school district vehicles for the conduct of official school district business. The vehicles may be assigned either to individuals or to units within the organization for pool use according to the following classifications:

1. Vehicles may be assigned permanently and individually to the superintendent, SBA, head of facilities services, head of security services, or other supervisory employees who, based on their job duties, may be called upon on a 24-hour, seven-day-a-week basis. No individual assignment shall be made for the primary purpose of commuting.

2. A unit may be permanently assigned one or more school district pool vehicles only if the unit's employees will collectively use the vehicle or each vehicle for more than an average of 750 miles per month on official school district business. Pool vehicles shall not be used for the purpose of commuting and shall remain at a school district facility when not in official use.

(c) District board of education members or employees may be temporarily assigned a school district vehicle for travel events.

(d) Each district and CVSD board of education shall ensure an employee, such as the SBA, insurance or risk management staff member, head of facilities services, or other appropriate employee is assigned the functions of a school district vehicle coordinator.

(e) Vehicle use logs shall be maintained for all individual and pool assignments to accurately record all usage of each vehicle, including the driver, mileage, and starting and destination points.

(f) All complaints of a potential misuse shall be investigated and appropriate disciplinary action taken.

(g) All changes to vehicle assignment, whether pool or individual, shall require prior written approval of the superintendent and the authorization of an affirmative majority vote of the full district board of education.

(h) No luxury vehicle, one which exceeds the greater of $ 30,000 or any current dollar limit established in Internal Revenue Service (IRS) law or regulation, shall be purchased, lease-purchased, or leased by the school district. If a vehicle is assigned to the superintendent, it may be a full-size or intermediate, four-door sedan of the non-luxury class. All other vehicles shall be compact sedans unless special passenger, cargo, equipment, or use requirements make the standard vehicle unsuitable for documented school district needs.

(i) The school district vehicle shall be used primarily for business purposes; however, incidental and reasonable personal use shall be permitted.

(j) All damage to school district vehicles, regardless of cause, shall be reported within 24 hours to the vehicle coordinator and the employee assigned to file insurance claims.

(k) No physical alterations shall be made to a vehicle without prior district board of education approval.

(l) Drivers of school district vehicles shall possess a valid driver's license to operate a vehicle in New Jersey.

(m) When a vehicle is due for routine maintenance in accordance with the manufacturer's schedule, the driver of an individually assigned vehicle, or the vehicle coordinator in the case of a pool vehicle, shall be responsible for ensuring the vehicle receives the scheduled service.

(n) A driver assigned a school district vehicle shall be responsible for the security of the vehicle and its contents.

(o) Drivers shall be personally responsible for all fines accrued as a result of traffic violations related to operation of school district vehicles.

(p) The driver, or the driver's supervisor if the driver is incapacitated, of a school district vehicle involved in an accident resulting in damage to the school district vehicle or other vehicle shall file, within 24 hours of the accident, a detailed written report with the vehicle coordinator and the school district employee responsible for filing insurance claims.

(q) Police shall be immediately notified of an accident by the driver, or vehicle coordinator if the driver is incapacitated. A copy of the police report shall be submitted to the vehicle coordinator and the school district employee responsible for filing insurance claims as soon as possible.

(r) If a school district vehicle is misused in any of the following ways, the driver's privileges for driving school district vehicles shall be suspended or revoked, and additional disciplinary action shall be taken as appropriate.

1. Frequent violation of traffic laws;

2. Flagrant violation of the traffic laws;

3. Operation of a vehicle that the police or insurance company determined was the cause of an accident;

4. Use of a vehicle for unauthorized use, whether personal use, business use, or commuting;

5. Violation of these rules or school district policy governing the assignment, use, operation, repair, and/or maintenance of vehicles. This includes the failure to submit a vehicle for routine maintenance as called for in the manufacturer's routine maintenance schedule;

6. Operation of a vehicle while impaired to any degree, or under the influence of alcohol or narcotics as defined by State statutes;

7. Use of a school district vehicle by an unauthorized individual while assigned to an employee;

8. Use of a school district vehicle to transport any person or child, other than in the course of their assigned duties and responsibilities; or

9. Use of radar detectors in school district vehicles.

(s) The district board of education shall establish a policy for progressive, uniform, and mandatory disciplinary actions to be applied as necessary.

N.J. Admin. Code § 6A:23A-6.12

Amended by 49 N.J.R. 1038(a), effective 5/1/2017