EAST RIDING OF YORKSHIRE COUNCIL

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1 Agenda Item No: 13 Page Numbers: EAST RIDING OF YORKSHIRE COUNCIL Report to: The Cabinet 18 January 2011 Wards: All wards Review of Lease Car Scheme Report of the Interim Director of Corporate Resources A. Executive Summary This report reviews the Council s lease car scheme. B. Corporate Priorities A Well Managed Authority C. Portfolio Key Strategic Issues D. Recommendation and Reason for Recommendation It is recommended to Council:- (i) that the revised Lease Car Scheme at Appendix A is approved. (ii) that the Director of Corporate Resourced be authorised to make any future minor amendments to the text of the scheme. 1. Background 1.1 The Lease car scheme specifies the employees who are entitled to access the scheme. 1.2 Directors and Heads of Service, and specified posts which report to a Head of Service and have been approved to receive it for recruitment and retention measures by the Director of Corporate Resources, are paid a cash/car emolument as part of their terms and conditions of employment. Where the emolument is taken for a car, this is under the Lease Car Scheme. 2. Information 2.1 The Lease Car Scheme at Appendix 1 has been reviewed to:-

2 a) Update to the Corporate format b) Clarify the terms and conditions which apply to the lease car agreement c) Clarify which employees may take the lease car payment as a cash amount d) Clarify that employees can only access the Lease Car scheme if they are a designated essential car user undertaking 5000 miles per annum (or qualify under 2.1 (i), (ii) or (iv) of the policy) A document showing the proposed track changes has been deposited in Group offices. 2.2 Trade Unions have been consulted and there were no comments. Malcolm Sims Interim Director of Corporate Resources Contact Officer: Alison Fairfoot Senior Human Resources Officer Telephone Number: E.mail: eastriding.gov.uk Background Papers

3 Appendix 1 N2 - LEASE CAR SCHEME Lead Directorate and service: Effective Date: Date Due for Review: **** Corporate Resources - Human Resources Contact Officer/Number: HR Helpdesk / Approved By: Personnel Sub-Committee - 23rd May 1996, minute 110 Amended by Personnel Sub-Committee - 5th November, 1997, minute 1583 Amended by decision record 10 th June Purpose 1.1 This document outlines the provisions of the Council s car leasing scheme and serves as a guide for prospective participants and existing members of the scheme. 2. Eligibility 2.1 Employees eligible for a lease car are: (i) (ii) (iii) (iv) Directors and Heads of Service; All employees who undertake a minimum of 5000 business miles each year and are designated as an essential car user) This includes both paid and unpaid business mileage, entered on mileage claims as total business mileage Employees in posts reporting directly to a Head of Service, who are nominated by their Director for decision record approval by the Director of Corporate Resources, for recruitment/retention purposes; Specified posts nominated by Directors for decision record approval by the Director of Corporate Resources where there are special factors which warrant car leasing facilities. 2.2 Employees cannot be nominated for a lease car where the employee s contract is for a temporary appointment. 2. General conditions 2.1 Employees participating in the scheme must:- (a) have the car available for the performance of their official duties as required (subject to repairs, servicing, damage, etc.). (b) enter into a formal agreement between themselves and the Council (c) complete all legal and insurance documentation before the vehicle is supplied 2.2 The lease will last for three years and carries a termination charge for early surrender of the car.

4 3. Vehicle 3.1 The choice of vehicle lies with the applicant from the cars available from the leasing company. However, the type of vehicle requested must be suitable for the performance of official duties. 3.2 An employee may apply for a second hand vehicle, which has been returned by another employee. In such cases, the lease period will be the unexpired period of the initial three-year lease period and all of the original terms and conditions will be taken over. 3.3 Personal extras such as radios, sun roofs, spot lamps, etc, will be charged at 1/36th of the actual cost along with the monthly lease charge. 4. Provision of the Lease Agreement 4.1 Payment Current lease car contribution payments are*:- Chief Executive 6,251 Directors 4,669 Heads of Service 3,736 Reporting to Head of Service and 3,477 approved by decision record as recruitment and retention measure Standard lease car 2,398 *As at 1 April 2010, excluding insurance Lease car and cash payments in lieu of a lease car are not pensionable For Directors and Heads of Service and posts receiving a lease car as a recruitment and retention measure, the level of lease payments will be increased every three years in line with the increase in the annual Consumer Price Index Directors, Heads of service and posts receiving a lease car as a recruitment and retention measure, have the option to receive the value of their lease car payment as a cash amount, in lieu of a lease car. See section 8 below CMT will review on an annual basis the entitlement of all posts below Director and Head of Service in receipt of a lease car contribution or cash emolument in lieu of lease car (iii above) For all other eligible posts, the standard leasing allowance will be increased annually in line with the previous 12 months increase in the Consumer Price Index. This increase will be applied to all vehicles ordered after the 1April The lease agreement will normally cover a three-year period (36 monthly payments) Employees may choose a vehicle whose total value exceeds the value of the Council s lease car contribution and the employee will pay the difference between the Council s contribution rate and actual cost of the leasing arrangement 1/36th of the total additional lease charge will be deducted from the employee s salary each month.

5 4.1.8 The contributions from the employee are made on the basis that the car is available for private use. 4.2 Maintenance Lease The lease agreement will have to be negotiated with the lease company(s), but typically will be on the basis as set out below. If necessary, the Director of Corporate Resources will report back to the Corporate Management Team if it is not possible to negotiate a lease generally on the basis indicated The lease provides for full maintenance of the car. It includes all servicing in accordance with the manufacturer s recommendations and repairs. Terms may vary between lease car providers It is the employee s responsibility to ensure that services, repairs, etc, are carried out satisfactorily and wherever possible only at authorised franchised dealers unless agreed with the lease company. In an emergency the employee is authorised to carry out repairs up to a certain amount (dependent upon the lease company) without reference to the lease company provided that the repairs have not been caused by an accident In the case of an accident or breakdown, the lease company s instructions should be referred to and the departmental nominated officer notified as soon as possible. A replacement vehicle will be available in the event of an accident. (Reference should be made to the leasing company s guidelines and the Councils car leasing scheme notes of guidance.) In the case of a breakdown away from home, a replacement vehicle will be available. However, reference should be made to the leasing company s guidelines and the Councils car leasing scheme notes of guidance It is the employee s responsibility to keep the vehicle clean and to carry out routine checks on oil, tyre pressure, etc. All damage and defects should be reported to the lease company immediately. Where the employee has damaged the vehicle due to failure to maintain the vehicle, neglect of maintenance or non-reporting of defects, the employee will be liable for the resultant repairs Punctures and tyres damaged by blowouts are covered by the leasing agreement however, vandalised or damaged tyres are the responsibility of the employee. 4.3 Insurance Insurance cover will be the normal fully comprehensive insurance cover including: (i) (ii) (iii) (iv) (v) (vi) third party liability; damage to the lease car; fire and theft; personal accident to the driver; medical expenses; clothing and personal effects Employees are required to present their driving license prior to the ordering of the car. Managers will make annual checks of the employees driving licences, (both the photocard and paper licences) who are insured under the Council's insurance.

6 4.3.3 Employees and their named drivers who are driving on the Council's insurance are required to notify their manager immediately of any change or pending conviction, including a medical condition, which may amend or affect the status of their driving licence The policy will cover named drivers for social, domestic and pleasure use and interchangeable business use for eligible leasing officers subject to the permission of the nominated user There is a compulsory excess per claim which may vary depending upon:- the age and experience of the employee standard insurer terms. driving history of the employee medical condition or physical disability of the drivers This may vary over the period of the lease The insurance will be subject to completion of a proposal form and the rates stated are for persons who have been accident free for five years, and have no convictions or endorsements. Special terms would be applied to any person not falling within this category and the Council s insurers reserve the right to refuse insurance on consideration of a proposal form Please note that it is extremely unlikely that adequate insurance cover will be available to any employee who has an endorsement for drink driving. 4.4 Road Fund Licence The road fund licence is included in the charge to the employee. The leasing company automatically taxes the car and the tax disc is forwarded to the employee. 4.5 Council Indemnity The vehicle will remain the property of the leasing company but the employee is liable for the vehicle s road worthiness and is required to indemnify the Council against parking fines and other liabilities arising from the way the vehicle is used, particularly breaches of the Road Traffic Act. 4.6 Vehicle Security The vehicle should normally be kept at the driver s home address and garaged whenever possible The Head of Finance/Director of Corporate Resources must be notified immediately in writing of any change of address. 4.7 Foreign Travel Subject to approval by the Director of Corporate Resources, the employee may take the vehicle abroad. Applications should normally be made at least one month in advance of the commencement of the journey, but the Director of Corporate Resources is authorised to exercise his discretion having regard to the individual circumstances. Permission must also be sought from the leasing company.

7 4.7.2 The employee must bear any additional cost of insurance cover or adequate breakdown coverage. 5. Official Mileage 5.1 The employee will pay for petrol, oil, etc, required between services and repairs. The Council will reimburse the employee for the cost of petrol for official mileage. The mileage rate will equate to the petrol element of the NJC mileage rates for APT&C employees for cars in excess of 1200cc. 5.2 Rates are inclusive of VAT element and will equate to the petrol element of the NJC mileage rates for APT & C employees for cars in excess of 1200cc mileage rates. 5.3 The employee will use the lease car for business journeys where other officers are passengers, in preference to the vehicles of casual/essential car users. 6. Use of Car Outside the Council Boundary 6.1 Unless it is impractical, the employee will use his/her lease car for official journeys outside the East Riding boundary. The mileage for such journeys will be in accordance with paragraph 5 above. 7. Expiry of the Agreement 7.1 At the end of the lease period, the employee may either surrender the vehicle or purchase it at a price agreed between the employee and the leasing company. 7.2 Vehicles must be surrendered in good order, repair and condition. In the event of any damage, the employee may be liable for any costs associated with the restoration. 7.3 An excess of private miles will normally be charged to employees where the actual private mileage is over the estimated private mileage. Likewise, a refund may be paid if the actual private mileage is below the estimated private mileage. (Reference should be made to the leasing company s conditions.) 7.4 In the event of the employee terminating an agreement with the lease company before the lease period has expired, there may be a charge levied on the Council. This charge will be passed onto the employee except when: (a) (b) the employee is leaving the Council and the lease can voluntarily be assigned by the Director to another employee for the remainder of the period, the employee s contract is terminated for any of the following reasons: (i) (ii) (iii) (iv) redundancy; in the interests of the efficiency of the service; ill-health retirement; the employee dies in service. 7.5 In cases where an employee transfers to a post which does not carry car lease facilities, consideration will be given to the employee continuing with the lease until it expires. He/she will not be eligible for another whilst in the new post, unless the employee s position changes in

8 line with the schemes eligibility criteria. He/she will, however, have the option to purchase the vehicle in accordance with paragraph In cases where a new employer agrees to accept responsibility for the lease, subject to the agreement of the leasing company, the vehicle and lease will be assigned to the new employer. 7.7 In cases where an employee terminates his/her employment with the Council, consideration will be given to allowing the employee to purchase the vehicle at a sum agreed between the Council, the leasing company and the employee. 8. Income Tax Liability 8.1 There is an income tax liability for employees who participate in the lease scheme, which varies according to the capital value of the car, CO2 emission level and the number of business miles per annum. 8.2 It is the employee s responsibility to clarify their own personal circumstances with the HM Revenue and Customs regarding the liability to pay income tax. 8.3 The Director of Corporate Resources will submit details of the car leasing subsidy to the HM Revenue and Customs. 9. Employee with Car Loan Facilities 9.1 Where an employee has a car loan under the Council s car loan scheme the outstanding loan must be repaid in full within two months from the date of delivery of the leased vehicle. 9.2 The car loan scheme will still continue for those employees with car loan facilities attached to their post. However, employees will not be allowed to participate in the car leasing scheme and the car loan scheme simultaneously. 10. Applications for Car Leasing 10.1 Applications for a car lease must be via the employee s Director on the appropriate form. Whilst every endeavour will be made to obtain the vehicle requested, there is no guarantee that a specific make, model, colour, etc, can be obtained. 11. General 11.1 The information outlined in this document is for general purpose only and employees are advised to take note of the contents of the legal agreement relating to the conditions of the lease agreement The availability of and participation in the car lease scheme is not intended to imply in any way whatsoever the existence of a contractual term or condition of employment. The availability of the car lease scheme is at the absolute discretion of the Council and the scheme can be amended and/or withdrawn by the Council after giving what it considers to be reasonable notice. Figures correct at Sept 2010

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