LEASE CAR SCHEME EMPLOYEE GUIDE TO TERMS & CONDITIONS

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1 LEASE CAR SCHEME EMPLOYEE GUIDE TO TERMS & CONDITIONS Guidance GOV 24 November 2007 Scheme administered by:- TCM Total Contract Management Dominion Way Rustington Littlehampton West Sussex BN16 3BR Tel:

2 Document Management Title of document Car Leasing Scheme Employee Guide To Terms and Conditions Type of document Guidance GOV 24 Description Target audience This document specifies the current arrangements and conditions for providing lease cars to Authority employees under the Authority s Travelling Expenses Policy. All Staff Author Department Directorate Val Fidler Headquarters Services Corporate Services and HR Approved by Governance Committee Date of approval 7 November 2007 Version Number 1 Next review date November 2008 Related documents Superseded documents Internal distribution External distribution Availability All ratified policies, strategies, procedures and protocols are published on the Trust Intranet and Public Website. Contact details (of main contact for this document) Name: Val Fidler Address: Highfield, Cliftonville Road Northampton NN1 5DN Tel:

3 EMPLOYEE GUIDE TO THE LEASE CAR SCHEME TERMS & CONDITIONS Contents Section Page Appendices 1 Introduction & Main Features of the Lease Car Scheme 4 2 Choice of Vehicle 6 3 Cost borne by the User 7 4 User s Obligations 8 5 Owner s Obligations 10 6 Insurance 11 7 Business Mileage Allowances & Reimbursement 12 8 Travel Abroad 13 9 Agreement Termination Arrangements Accident/Incident Reporting Arrangements Road Fund Licence/Roadside Assistance membership/mot Ownership of the Vehicle & Seizure Income Tax Liability Benefit in Kind Quotation & Application Procedures Amendment of the Authority Lease Car Scheme 20 A Routine Servicing & Maintenance B Accident Procedures C Replacement Vehicles D Fair Wear & Tear 3

4 E Lease Car Application Form 1. Introduction & Main Features of the Lease Car Scheme 1.1 This document specifies the current arrangements and conditions for providing lease cars to Authority employees under the Authority s Travelling Expenses Policy. Authority employees who apply for a lease car, and are accepted, will be required to sign a formal Agreement. 1.2 In the following Terms & Conditions: AGREEMENT AUTHORITY ELIGIBLE EMPLOYEE OWNER SCHEME THE INSURERS THE REGULATIONS USER means a user Agreement between the Authority and a User in the Authority s employment. means Northamptonshire Teaching Primary Care Trust. means an employee of the Authority who is eligible in accordance with paragraphs 1.4 and 1.5 of this document. means the Owner of vehicle as specified in the relevant Agreement. means the Lease Car Scheme of the Authority. means the Insurance Company or underwriters of a vehicle. means all Acts of Parliament and statutory instruments which regulate the ownership use, insurance, maintenance, construction and roadworthiness of vehicles, the nature, quality, specification and substance of parts which must or may be fitted to motor vehicles, tolerance, tolerances or wear and compatibility of parts fitted. means an eligible employee of the Authority who participates in the Scheme and who is named in the relevant Agreement. 1.3 The Lease Car Scheme may be made available to staff based on the need for employees to be mobile in the course of their work and/or where the Authority deems it to be in the best interest of the service. 1.4 There is no automatic entitlement to a lease car. There is a managerial and financial responsibility (exercised through the Budget Holder) to determine the 4

5 most appropriate method of reimbursement of business travel in each individual case. This applies both to new leases and replacement leases. If the lease car option is not taken up by the employee, then business miles will be reimbursed according to Whitley Guidance for use of private vehicles. 1.5 Budget Holders may offer a lease car to an employee in a substantive post who travel in excess of 2500 vehicle miles a year on business purposes where the use of the appropriate public transport alternative is not practicable. This level of mileage must be demonstrated before the option is made available. The qualifying mileage must be anticipated for the full term of the Agreement. 1.6 The lease Agreement will normally be for a period of three years, from the date of delivery of the vehicle to the User. 1.7 The lease car will normally be a new vehicle and will normally be replaced every three years, provided that the Scheme remains in operation and relevant eligibility and financial criteria are met at the time of renewal. Under certain circumstances the Authority may require an eligible employee to take over a used returned vehicle for the remaining period of its lease term. 1.8 The costs of the lease will be shared between the Authority and the User based on business miles travelled. 1.9 Road Fund Licence, full maintenance, normal wear and tear charges and membership of a national breakdown/recovery organisation are included in the rental costs of the vehicle The Authority arranges block comprehensive insurance for all its lease cars and the premium for this is included in the lease cost to the User Any fines/penalty notices (e.g. parking fines) received in respect of a lease vehicle are the responsibility of the User If a User returns a lease vehicle prior to the expiry of the three year Agreement then any Financial Penalty Charges imposed by the Owner, as a result, will be borne by the User The lease vehicle can be used for normal domestic/pleasure purposes by the User and, with prior approval, other named drivers Once approval for the order of a lease vehicle has been obtained, the Lease Car Department (as named on the front page of this Guide) will be sole point of contact for the User on all matters relating to the Scheme The Form of Agreement, when issued, is a legally binding document between the Authority and the User. By signing this document the User confirms that he/she has read and understood these Terms and Conditions and agrees to fully abide with them during the term of the Agreement The Authority retains the right to refuse any application received. 5

6 1.17 The Authority retains the right to review the Scheme and to make amendments as and when deemed necessary. 2. Choice of Vehicle 2.1 It is the responsibility of the Budget Holder and the Finance Director to authorise the level of the Authority contribution towards the cost of a lease vehicle. 2.2 The Allowances are as follows: (a) Annual Business Mileage Allowance a) b) c) 6000 and over 1600 (b) Fuel Rates - based HM Revenue & Customs Advisory Fuel Rates: (from ) Engine Size Petrol Diesel LPG 1400cc or less 10p 10p 6p 1401cc to 2000cc 13p 10p 8p Over 2000cc 18p 13p 10p 2.3 The Budget Holder will authorise the chosen vehicle which must be suitable for the business of the Trust.. Should the employee choose a car for which the lease rental is less than the appropriate allowance only the additional items i.e. Insurance, Admin etc. will be charged for. 2.4 Only lease cars which run on lead free petrol, diesel or other alternative fuels will be supplied. 2.5 A new lease car will normally be offered but the Lease Car Department may offer an employee a car which has been returned following early termination of a prior lease by another User, if this is more convenient to the Authority or if the employee s need for a lease car is not expected to last for a full three year lease period. In such a case, the period of the lease will be the unexpired period of the prior lease, and the User contribution will be that determined at the start of the prior lease. 2.6 Vehicle accessories over and above the manufacturer s specification for the car may be fitted before delivery. The additional costs of these accessories will be included in the User s contribution towards the car. In addition, such accessories remain the Owner s property at all times and must be in good condition and full working order at the end of the Agreement when the car is returned to the Owner. 6

7 2.7 Accessories may be fitted by the User, at his/her own expense, after the car has been delivered. The maintenance and repair of such accessories are the responsibility of the User. At the end of the lease Agreement, such accessories can either be returned with the car, in full working order, or they can be removed and retained by the User. In the latter, if such removal results in repairs to make good such removal, the cost of this will be borne by the User. 2.8 The Owner will be liable for the repair and maintenance of accessories fitted after delivery but only if these were to replace accessories fitted to the car at the date of delivery and which had become defective and whose replacement had been previously agreed by the Owner. 2.9 The fitting of a tow bar for occasional use is permitted, providing that the tow bar is approved by the manufacturer, and subject to the item to be towed being within the manufacturer s recommended towing weight limit. The cost of such a tow bar will be borne by the User Where the career promotion of a User alters their base car eligibility during the period of the lease, this will not take effect until the current lease term expires. Acting-Up arrangements do not affect the base car eligibility. 3. Costs borne by the User 3.1 In return for being provided with a lease car the User agrees to pay:- An annual contribution to the Authority. The value of this contribution will be determined at the beginning of the lease, and on the basis of that specified earlier, and will be fixed for the period of the lease, subject to original mileage estimates remaining accurate. The contribution will be paid via deduction of equal monthly instalments from the User s salary. Within 2 months of the annual anniversary of the lease, mileage levels will be reviewed by the Lease Car Company and the User s contribution recalculated if actual mileage being undertaken differs from that originally estimated. If such a review reveals that the minimum 2,500 business mileage criteria is not being met the Lease Car Department will advise the User s Budget holder of such. The Budget Holder will establish and record the reasons for such under-achievement together with the decision to continue or cease further Authority support. If, as a result, the Authority decides to withdraw the User from the Scheme, the User may have to pay the financial penalty levied by the Owner as a result of the early termination (see section 9) The cost of any fitting and maintenance of dealer-fitted accessories. All Petrol/diesel costs and costs of oil and other fluids required outside normal servicing. The User will be reimbursed for business mileage in accordance with Section 7. All costs of keeping the vehicle clean, both inside and out. 7

8 All fines and penalty notices. Any fines/penalty notices received by the Authority of the Scheme Administrators will be passed to the User for immediate payment together with any additional administration charge levied by the leasing company. If the User fails to pay, the Authority will make the payment and will then reclaim that amount, together with any administration fees, via deduction from the User s salary. The costs of any private motoring abroad (see Section 8) Any repairs, maintenance or replacement parts needed as a result of the User s deliberate or negligent damage to the car. The full cost of any insurance excess where appropriate ( see Section 6) Any expenses incurred by the Authority or the Lease Car Department in making good any failure by the User to comply with terms and Conditions of the Authority s Scheme. 3.2 In the event of a User leaving the employ of the Authority, the Authority is empowered to deduct from the User s salary, or any other payment due to the User, any sums remaining outstanding under the lease Agreement. This will include any expenses incurred by the Authority in receiving the vehicle on termination and any financial penalties incurred as a result of early termination The User will also have a personal Income Tax liability on a lease vehicle during the period of the Agreement (see Section 13). 4. User s Obligations The User shall: 4.1 Notify the Lease Car Department, upon accepting delivery of the vehicle, of the initial pre-delivery mileometer reading of the vehicle. Pre-delivery mileage must be notified or it will be regarded as private mileage. 4.2 Upon delivery, notify the Owner or its delivery representative of any faults/defects and report, in writing, to the Lease Car Department any faults/defects to the vehicle which occur during the running-in period. In the event of any dispute with the Owner on the validity of such faults/defects, the Lease Car Department will adjudicate and resolve the matters on behalf of the Authority. 4.3 Ensure that routine servicing and maintenance are carried out at the intervals recommended by the vehicle manufacturer (a detailed in the Drivers Pack ). The User is responsible for delivery and collection of the vehicle from the servicing dealer and ensuring that the vehicle service record book has been duly stamped by the dealer. The User must not service, adjust or attempt to repair the vehicle him/herself. 8

9 4.4 Throughout the period of the Agreement, report promptly to the Owner and the Lease Car Department, in writing, any defects or symptoms of defects which are not forthwith rectified in the course of routine servicing. 4.5 Permit persons authorised by the Authority, the Lease Car Department and the Owner to inspect the vehicle at any reasonable time, and with prior arrangement. 4.6 Assist the Lease Car Department and the Owner in obtaining whatever benefits can be lawfully obtained under the manufacturer s warranty in terms of free servicing, replacement parts and otherwise by, whenever possible, using the services of a garage where the work can be undertaken under the manufacturer s warranty. 4.7 Not modify or alter the vehicle or remove any parts from it, nor change any of the identification marks or numbers without the prior written consent of the Lease Car Department. 4.8 Endeavour to keep the vehicle garaged, where possible, or parked in the most secure manner which minimises the risk of theft or damage. 4.9 Keep the vehicle clean and, at regular intervals, check and maintain the oil, water, battery and brake fluid levels, and tyre pressures and tyre conditions Take all reasonable precautions against frost damage and ensure that antifreeze in the engine coolant system is of adequate strength Bear the cost of garaging (if applicable) and cleaning of the vehicle Use all reasonable care in complying with the manufacturer s recommendations in terms of running-in speeds etc.. And drive with due care and attention at all times Pay the Authority, via salary deduction, any amounts due under this agreement including any subsequent increases to the road fund licence, insurance, administration fee of VAT rates Pay, any parking fines or insurance excess (where applicable) in respect of the vehicle during the period of the Agreement for which the Authority has become liable for Pay for all petrol/diesel, oil and other fluids required for maintaining correct levels between servicing Not disconnect or in any way tamper with the vehicle s mileometer Not knowingly breach any provision of the Lease Car Agreement and the Driver s Pack as supplied with the vehicle Pay the cost of any repairs not met by the Insurers or the Owner under the Lease Car Agreement. 9

10 4.19 Ensure the vehicle is always available for use when the User is on duty (except when vehicle is being serviced or repaired) Have all missing or damaged parts replaced by the dealer approved by the Owner. The Owner s prior consent is needed by the dealer before replacing batteries, tyres, exhausts and shock absorbers, or for any expenditure for which the Owner will be liable over Take the vehicle to an approved dealer if advised by the Lease Car Department that the vehicle is subject to a manufacturer s recall Ensure that the vehicle is MOT tested in accordance with current legislation Ensure that the vehicle is not used for hire or reward, for an illegal purpose, for private business or trade, or for competition or any form of motorsport Use the vehicle in a careful, skilful and proper manner and not overload or overwork the vehicle or otherwise subject it to stresses for which it is not designed or suitable Keep the car under their control, and in possession of themselves or authorised nominated drivers, and not to sell, transfer, mortgage, let or give the vehicle to anyone, or to allow it to be seized against any debts Ensure that valid Road Fund licences are clearly displayed by the due date Obtain approval from the Lease Car Department for private use of the vehicle by other nominated drivers Ensure that claims for business mileage reimbursement are submitted promptly, on a monthly basis for payment and recording. The claim form must state the start and final odometer reading at the end of each month. 5. Owner s Obligations The Owner shall be responsible for:- 5.1 Maintenance & Repairs i. The servicing of the vehicle at the intervals recommended by the manufacturer; ii. iii. iv. The supply during servicing of oil or lubricants recommended by the manufacturer; The supply of anitfreeze during servicing All necessary repairs and replacement parts (including tyres, puncture repairs, batteries and exhausts) except for those:- Repairs or replacement parts needed as a result of accidental, deliberate or negligent damage to the Vehicle; 10

11 Required in respect of accessories fitted after the date of delivery for any reason other than to replace accessories fitted to the Vehicle at the date of delivery which are or become defective. v. The MOT testing of a Vehicle when this is due in accordance with current legislation. 5.2 Obtaining and paying for each road fund licence required during the period of the lease. 5.3 Arranging and paying for membership of a roadside assistance organisation. 5.4 The Owner s written consent is required to take the Vehicle outside the United Kingdom. This will not be unreasonable withheld but will include a requirement for AA 5 Star cover, or equivalent, at the expense of the User. Provided the User fulfils this obligation, the Owner will reimburse the cost of repairs undertaken outside the United Kingdom which would have been their responsibility had the Vehicle been in the United Kingdom. Reimbursement will be at the rates applicable for those repairs in the United Kingdom and will only be paid on the production of a receipted invoice. The Owner s obligation will not cover repairs or replacement parts needed as a result of accidental, deliberate or negligent damage to the Vehicle outside of the United Kingdom. 5.5 Providing a Driver s Pack upon delivery of the vehicle. 6. Insurance All vehicles within the Authority s Scheme are covered by a fully comprehensive insurance policy for both business and private travel. 6.1 The policy does not cover the vehicle being used for:- i. Hire or reward ii. iii. iv. Racing, pace making, speed testing, participating in any rally, reliability trial or competition Any business or trade purposes (except for that relating to the Authority) Trailers, including caravans, for which it is recommended that separate insurance cover is sought, if applicable v. Tyres 6.2 No person other than the User and accepted other nominated driver(s) may drive the vehicle without the written permission of the Authority or Lease Car Department. 11

12 6.3 In order to comply with the Insurer s requirements, the User must immediately obtain an accident/incident report form from the Accident Management Company HSBC on (24/7) helpline available. The User will also be required to notify the Lease Car Company TCM on The User is responsible for providing adequate insurance cover for any personal property fitted to or left within the vehicle. The Authority will not be held responsible for any loss of personal property. 6.5 The insurance policy does not cover the driving by a User of any other vehicle other than the vehicle provided by the Authority. 6.6 The following Excesses apply for any driver under 25 years of age and drivers with less than 12 months driving experience:- i. Under 21 years of age 250 ii years of age 150 iii. Provisional licence holders 21 years of age and over 150 iv. 25 years of age and over, having less than 12 months recent or regular driver experience since passing U.K. 150 Department of Transport driving test v. Drink or Drug conviction within past 3 years 350 (depending on approval from Insurers). 6.7 Special Insurance cover is required if the User wishes to take the lease vehicle abroad (see Section 9). The cost of this cover will be borne by the User. 6.8 It should be noted that a User could lose No Claims Discount benefits when arranging insurance cover for his/her own vehicle after terminating a lease Agreement with the Authority. Most insurance companies will request a letter from the Lease Car Department confirming that the User has made no claims whilst covered by the Authority s insurance policy and will generally continue to No Claims Discount bonus accordingly. Users should be aware, however, that not all insurance companies may accept this undertaking and could reduce the No Claims Discount bonus accordingly. 6.9 It is a condition of the Authority s insurance policy that all lease vehicles are fitted with an immobiliser. If the immobiliser is not fitted as standard on the vehicle then the cost of subsequent fitting one will be borne by the User. 7. Business Mileage Allowance & Reimbursement 7.1 The User shall be entitled to claim reimbursement for official business mileage at the rate prescribed by the Authority upon submission of the Authority s 12

13 Travel Expenses Claim Form detailing journeys in accordance with existing procedures. The user will be required to enter on each claim form the vehicle mileometer reading at the start and end of the month to which each claim form relates. Completed Claim Forms must be submitted to the Authority s Payroll Contractor for reimbursement. Failure to submit claims on a regular basis may affect the continuation of the Authority s financial support for the lease. 7.2 The User shall not be entitled to claim the Authority s prescribed allowance for transporting passengers on official business. 7.3 If the User uses any other vehicle for business travel when the lease vehicle could have been used, such mileage will continue to be reimbursed at the rate appropriate for a lease vehicle. If the User has to use his/her own car on official business whilst the lease vehicle is being serviced/repaired then reimbursement rates will be as determined by Whitley Council Regulations. 7.4 Where a User is based at home, the first daily journey from home and the daily journey back home should be considered as business travel. 7.5 Where a User is not based at home, all journeys from home to work and return are considered to be private travel (except for 7.6 below). 7.6 Where the User is required to undertake emergency or non emergency callouts in the Course of the User s duties then such travel is classed as business travel. 7.7 Excess Travel resulting from a change of base is classed as business mileage for the purpose of meeting the mileage qualifying for a lease vehicle, but is considered to be private mileage by the Inland Revenue for taxation purposes. 8. Travel Abroad 8.1 A User may take a lease vehicle abroad provided he/she pays any extra insurance Costs involved and that prior approval is obtained from the Lease Car Department and Leasing Company. 8.2 Should a User wish to take a vehicle abroad then the following procedures must be followed:- i. Inform the Lease Car Company at lease 1 month in advance of the intention to travel abroad who will issue you with a copy of the insurance certificate for authorisation to take the vehicle out of the country. ii. iii. The vehicle must be covered by insurance for mechanical breakdown, as the standard AA/RAC cover is not applicable whilst the vehicle is abroad. AA 5 Star European Emergency Cover is recommended. Ring the lease company (number given in driver s pack) for authorisation letter in lieu of Registration document. 13

14 9. Agreement Termination Arrangements 9.1 The User s right to use the lease vehicle will cease at the expiration of the period of the Agreement and, at such time, the following procedures will apply:- i. If the User wishes to continue his/her membership of the Authority s Scheme, remains eligible and the Scheme continues to exist at that time, the User may apply for a new replacement lease vehicle and will enter into a new Agreement with the Authority in respect of the new vehicle. The User must return the used Vehicle to the Owner in accordance with the Lease Car Company instructions. ii. iii. If a new Agreement does not apply, the vehicle must be returned to the Owner in accordance with the Lease Car Company instructions. In such cases the Users will not necessarily be given further opportunity to participate in the Scheme thereafter. In either of the above cases the User may purchase the vehicle from the Owner at its current valuation as given by the Owner. The lease car department will not be involved in any negotiation between the user and the Owner regarding the purchase price. 9.2 The Agreement will terminate immediately if:- i. The Agreement between the Authority and the Owner ceases. ii. iii. iv. The User s employment with the Authority ceases. The User becomes disqualified from holding a valid driving licence for whatever reason. The User dies. 9.3 Termination of the Agreement will also occur in the following circumstances, although not immediately, if:- i. The vehicle is damaged beyond repair or stolen and not recovered. ii. The User ceases to be an eligible employee of the Authority s Scheme. 9.4 Termination of Employment When terminating employment with the Authority, Users are required to give one month s notice of the termination of the lease to the Authority and to the Lease Car Company, and the chosen course of action. The User has the choice of:- i. Returning the vehicle, keys, service records etc. to the representatives within normal working hours on the User s last working day and therefore ceasing the Agreement. 14

15 ii. iii. iv. If this option is taken, the Authority expects the Vehicle to be returned in a fully cleaned condition with fair wear and tear for a vehicle of its age and mileage (see appendix D). Failure to satisfactorily clean the car will result in valeting or rectification charges being charged to the User. In addition, if the termination of employment is not as a result of death, ill health, retirement or redundancy, the User will be liable for any early Agreement termination charges imposed by the Owner for the remaining period of the Agreement, if applicable. Purchasing the Vehicle. The Lease Car Company will enquire to the Owner on behalf of the User and obtain a purchase price, but only when such action is requested in writing at the time of notifying termination of employment. The User must also advise the Lease Car Company of the vehicle mileometer reading at the time of writing. v. Prospective purchasers should be aware that vehicles will not be released to them until any cheques have been cleared by the Owner. vi. If the User is transferring to another NHS employer it may be possible to transfer the Agreement and vehicle to that employment also. In such cases Users should contact the Lease Car Company after obtaining agreement to the transfer from their new employers. 9.5 End of Agreement i. The end of the Agreement will occur at expiry of the 3 year period or on termination of employment as in 9.2, 9.3 and 9.4 above. ii. iii. iv. 3 months prior to the expiry of the 3 year Agreement the Lease Car Company will advise the User of the impending expiry, in writing, and will also include a new Application Form. If the User wishes to enter into a new Agreement for a new Vehicle and is still eligible, the whole process of quotation, Agreement and ordering will again be undertaken. If the new Vehicle cannot be delivered to meet the expiry date of the current Agreement, the Lease Car Company will arrange an extension of the existing Vehicle, where possible. On returning the used Vehicle the User will be expected to return it in a fully cleaned condition and commensurate with fair wear and tear for a vehicle of its age and mileage (see Appendix D). Any charges for valeting or unnecessary rectification work on the vehicle will be recharged to the User. The User may be liable for excess mileage charges imposed by the Owner where actual private mileage on termination of the Agreement substantially exceeds the initial estimated private mileage. v. If the User wishes to know the cost of purchasing the used vehicle, he/she must notify the Scheme Administrators, in writing, not less than one month prior to the end of the Agreement. The User must also advise the Lease Car Department of the vehicle mileometer reading at the time of writing. 15

16 10. Accident/Incident Reporting Arrangements (see also Appendix B) 10.1 In the event of:- a) An accident b) A break-in and/or theft or attempted theft c) Vandalism d) Other untoward incidents The vehicle User must:- i. Immediately notify the Police and obtain the Incident Reference Number and the name of the officer to whom reported. If it is only a minor incident the Police may not wish to become involved. ii. iii. iv. Telephone the Lease Car Company as soon as practicable to advise of any incident and to seek advice as necessary. If the damage caused is serious enough to render the vehicle immovable, contact the AA/RAC etc. relay facility, as detailed in the Drivers Pack to recover the vehicle to the Nominated Garage for Repairs. Should the User choose any other method of Vehicle recovery other than the above, the Authority will not be liable for any associated costs. If the vehicle can be safely driven after the incident the User should contact the Accident Management Company HSBC on or Lease Car Company as soon as possible for further instructions v. For each incident, the vehicle User is responsible for returning the Accident/incident report with the full details of the incident to the Accident Management Service within 48hrs. vi. If the person who was driving the vehicle at the time of the accident/incident receives any warning of intended prosecution, summons in respect of any offence, summons to appear to an inquest or a claims letter from a third party s agent or solicitors, then any such document must be promptly forwarded to the Lease Car Company with a note relating to the Accident/Incident Report. 11. Road Fund Licence/Roadside Assistance Membership/MOT Test 11.1 The Lease Car Company will forward road fund licences to the User, wherever possible, at lease three working days prior to the expiry of the existing licence. If on the expiry of a licence the User has not received a replacement licence, the User must notify the Lease Car Company. It is the User s responsibility to check that a current RFL is displayed. The vehicle must not be driven by the User without a current, valid road fund licence. The 16

17 failure of the Lease Car Company to provide a replacement licence will not exempt the User from conviction if he/she unlawfully drives the vehicle whilst not displaying a current/valid road fund licence The Leasing company will ensure that all lease vehicles are covered by membership of a roadside assistance scheme (i.e. AA/RAC), details of which are included in each Driver s Pack It is the responsibility of each User to ensure that his/her lease vehicle is submitted for MOT testing on the third anniversary of the vehicle s registration. The Lease Car Company will notify each User, in advance, when MOT testing is required. The cost of MOT testing is at the expense of the Owner. 12 Ownership of the Vehicle & Seizure 12.1 The vehicles will be hired by the Lease Car Company from an Owner (Leasing Company). The Vehicle will at all times remain the property of the relevant Owner and the User will have no authority to sell, charge, pledge, assign or part with possession of a Vehicle, or to deal with it in any manner which is inconsistent with the Owner s title to it The User will be expected to take all reasonable precautions to keep the Vehicle free from seizure, any distress for rents, taxes, executions or other legal process, and if for any reason the Vehicle (whether under legal process or not) shall be seized or taken out of the possession or control of the user then the User must immediately inform the Lease Car Company of the facts. 13. Income Tax Liability Benefit in Kind 13.1 It is extremely important to emphasise that Users have a personal Income tax liability in respect of a Lease Vehicle in addition to the salary deductions for the vehicles The Inland Revenue treat a Lease Vehicle as a Benefit in Kind and charge income tax on that which is considered to be profit element. The profit element is deducted by the Inland Revenue from tax allowances which has the effect or reducing the User s Tax Code and thereby increasing the tax deducted from salary The Authority is required by law to notify the Inland Revenue when its employees are issued with a Lease Vehicle and to provide a yearly schedule of the business mileage and salary contributions paid of employees who use lease vehicles The Income Tax Scale charges nationally in force may vary with each Chancellor s Budget and, therefore, the User s tax liability may reduce or increase during the period of the Agreement. The Users should therefore take this into account when making their decision to be provided with lease 17

18 vehicles. Users will not be permitted to return their lease vehicles if their tax liability increase during the period of the Agreements The current taxable benefit on lease vehicles is calculated by reference to the manufacturer s published retail price of the chosen vehicle on the day prior to registration of the vehicle this price includes all taxes, delivery charges, number plates and the published price of all non-standard options/accessories fitted before delivery. 18

19 CALCULATING YOUR BENEFITS IN KIND TAX LIABILITY The method of calculating your Benefit in Kind taxations in 2006/7 will depend on your car s P11D value and CO2 emissions. For example if your vehicle cost 11,000 on the road and has an emission of 150 CO2 (g/km) the benefit in kind for the year 2006/07 would be:- 11,000 x 17% = less the amount of the deduction you pay towards it e.g Therefore your taxable benefit would be per annum. SLIDING SCALE: TAXABLE PERCENTAGES OF P11D VALUE CO2 (g/km) 2006/07 CO2 (g/km) 2007/08 CO2 (g/km) 2008/09 % of P11D price to be taxed n/a n/a n/a Please add additional 3% for Diesel (maximum charge is 35%) 19

20 14. Quotation/Application Procedures 14.1 An employee s eligibility for participation in the Scheme will be determined by their mileage which must be verified by their Budget Manager. Employees must not obtain Lease Quotation from the Lease Car Company before eligibility has been determined An eligible employee of the Authority who wishes to receive a quotation for a vehicle under the Authority s Scheme will be issued with, upon request of the Lease Car Company, an official Guide to the Lease Car Scheme together with an Application for a Lease Car Quotation form. A copy of the application form is attached at Appendix E. The Application Form must be completed by the employee, in full, stating Personal Details as requested, Estimated Mileage details as requested and details of the car(s) for which quotations are required. The employee must then submit the form to his/her Budget Holder who will sign the form confirming eligibility and enter the applicable allowance. The form must then be returned to the Lease Car Company together with all the other relevant documents including copies of driving licences The Lease Car Company will return written quotations forms for each car to the employee detailing the annual/monthly cost and an estimate of Income Tax liability If an employee wishes to proceed with the lease, he/she must sign the quotation for the required car. The completed form should then be forwarded to the Lease Car Company who will send them an official agreement to sign & return and an order authorisation form to their budget manager/finance manager. When these forms have been returned the Lease Car Company will then place an order for the vehicle and arrange for its delivery When the Lease Car Company is notified of the delivery date of the vehicle they will advise the employee accordingly, and at the same time, will advise the Authority s Payroll Department of the commencement date for payroll deductions to commence An employee may elect not to proceed with the offer at 14.3 above however once an order has been placed the employee is then committed to the lease and all associated costs. 15 Amendment of the Authority s Lease Car Scheme 15.1 The Authority may amend the Scheme and the foregoing Terms and Conditions from time to time following advanced notification and consultation. Reviewed September

21 Appendix A Lease Car Scheme Routine Servicing & Maintenance Each Lease Vehicle has a service manual which includes a service schedule recommended by the manufacturer. It is important that Users adhere to this schedule by either having the vehicle serviced at the manufacturer s stated mileage or within the listed timescales (i.e. 6 months, 9 months, 12 months etc..) In addition to standard Servicing, Users should have any routine mechanical problems with their vehicles, where possible, rectified when their vehicles are being serviced. If this is not appropriate, then the vehicles should be booked direct into the appropriate dealers in order that the problems can be immediately rectified. Users should, at the time of vehicle delivery, advise the Lease Car Company of their nominated garage for servicing and maintenance. Should Users have any problems with their vehicles, other than routine servicing etc. they should contact the Lease Car Company immediately in order that they may rectify the situation at the earliest opportunity. 21

22 Appendix B Lease Car Scheme Accident Procedures In the event of Lease Vehicles being involved in an accident, Users should adhere to the following directives to ensure prompt action. a) Under no circumstances admit liability for the accident as this can in extreme circumstances render the insurance cover void. b) If Users are requested by the Police to produce documents, they can obtain a copy of the insurance policy document from the Lease Car Company. c) If the vehicle is drivable after the accident/break-in, Users should report the accident/break-in to the Accident Management Company HSBC immediately on (24/7) helpline available and to the Lease Car Company as soon as possible. d) If the car is not drivable after the accident/break-in, Users should contact the Accident Management Company HSBC immediately on (24/7) helpline who will arrange recovery etc. This should also be reported to the Lease Car Company (TCM) on as soon as possible. e) Should Users not adhere to the above procedures any extra expenditure incurred By the Authority in ascertaining the whereabouts/recovery of the vehicle will be Recharged to the Users. f) Under no circumstances should Users make their own alternative arrangements with regard to accident/break-in repairs unless such has been previously authorised by the Lease Car Company. 22

23 Appendix C Lease Car Scheme Replacement Vehicles The Authority s policy on replacement vehicle is as follows:- 1. Breakdowns All lease vehicle are covered by AA/RAC Relay and Homestart (or equivalent). This cover will enable Users to obtain roadside assistance and transport home/to work if needed Should the breakdown result in the vehicle being off the road for a period of time for repairs then one of the following should be arranged:- a) Use of a courtesy car supplied by the repairing garage (if available) b) When a courtesy car is not available a hire car will be made available arranged via the Lease Car Company. 2. Servicing 2.1 To use where available, a courtesy car from the garage carrying out the servicing. 2.2 When a courtesy car is not available a hire car will be made available arranged via the Lease Car Company. 3. Accidents/Break-ins/Thefts a) Use of a courtesy car from the repairing garage, if available b) When a courtesy car is not available, a hire car will be made available, arranged via the Lease Car Company. 23

24 Appendix D Lease Car Scheme - Fair Wear & Tear 1. A precise definition of fair wear & tear or a formula to measure fair wear & tear are not available by which to advise Users of the expected condition of a lease vehicle on its return after an agreement expires or upon termination of employment. The best advice is that fair wear & tear means, in general terms, superficial marks etc. On the bodywork or upholstery. This means that:- a) Scratches and scuffs to bumpers, stone chips on front and lower sides of the vehicles with undercoat or metal visible, b) Marks to upholstery and dash which can be removed with proprietary cleaners, are classed as superficial and therefore as fair wear & tear. 2. The following are considered NOT to be fair wear & tear and may attract penalty charges for any rectification work undertaken by the Owner:- a) Scrapes and scratches where the paintwork is broken (i.e. where cutting will not restore the finish and repainting is therefore necessary). b) Any dents or other impact damage to body or bumpers c) Broken or cracked lights/indicators d) Roof or gutter damage owing to the fitting of a roof rack e) Tears, rips, cuts, burns etc.. To seats, interior trim, carpets and headlinings f) Stains which cannot be removed by proprietary cleaner g) Broken/damaged/missing wheel trims/alloy wheels 3. Tyre damage other than for joint wear & tear will be the responsibility of the User (i.e. Tyres badly scuffed, chipped, cut etc. as a result of kerb mounting/brushing).

25 Appendix E LEASE CAR APPLICATION FORM SECTION 1: PERSONAL DETAILS (IN BLOCK CAPITALS) Title:.First Name: Surname: Home Address:.. Post Code.. Tel No (Work):.Tel No (Home):.. Grade/Job Title: Payroll No Base:.National Insurance No If any of the above details change please inform the Lease Car Manager SECTION 2: FORECAST ANNUAL MILEAGE YEAR 1 YEAR 2 YEAR 3 BUSINESS MILEAGE PRIVATE MILEAGE TOTAL SECTION 3: PARTICULARS OF CAR FOR WHICH QUOTATION IS REQUIRED 1 ST CHOICE 2 ND CHOICE Manufacturer Model * Engine Size Number of doors Preferred colour Metallic Paint? (Yes/No) Diesel? (Yes/No) Automatic? (Yes/No) Additional Trust Fitted Immobiliser? (Yes/No) Additional Options 2

26 * It is essential that accurate and sufficient details be entered of the vehicles you wish to receive a quote on. SECTION 4: EMPLOYEE/OTHER FAMILY DRIVER INSURANCE DETAILS LEASE CAR APPLICANT OTHER DRIVER (1) (If required) SURNAME INTIALS DATE OF BIRTH IF UNDER 25 YEARS EXPIRY DATE OF LICENCE DATE PASSED DRIVING TEST OTHER DRIVER (2) (If required) of above proposed users have had any accidents or police convictions, have any prosecution pending or have been refused motor insurance within the past five years please give details below..... Any conviction/points on licence occurring for any of the above drivers within the period of the lease contract must be declared immediately and an updated copy of the licence sent to the lease car manager The Trust has the right to refuse permission of Other Drivers for insurance reasons. COPIES OF DRIVING LICENCES (Both parts of new Photocard Licences ) FOR ALL DRIVERS MUST BE ATTACHED TO THIS FORM AND RETURNED WITH YOUR APPLICATION & DRIVING LICENCE DECLARATION (see attached form) SECTION 5: EMPLOYEE DECLARATION 1. I apply for a lease car quotation under the terms of the Trust Lease Car Contract Hire Scheme, a copy of which I shall retain for the duration of the lease. 2. I declare that the particulars given in this application are correct to the best of my knowledge and belief and that the vehicle will be kept available and will be used by myself for the performance of my official duties. 3. I declare I/ family members (where applicable) am/are in receipt of a full UK Driving Licence (attach a copy to this form) 4. I declare the full and accurate details have been recorded under the Insurance Section I declare that I expect to continue in employment of the Trust for at least 3 years following the date of this application. If, for any reason, I cease employment with the Trust I undertake to pay all such sums in respect of lease excess termination charges immediately to the Trust. 6. I undertake to immediately inform the lease car manager if my actual or forecast business/ private use mileage differs by more than 1000 miles to the estimate provided above. 7. I have read the mobile phone policy and agree to abide by the policy with regard to the use of mobile 3

27 phones whilst driving on Trust s business. 8. I also undertake to: a) to keep mileage returns, separating business and private journeys, and record the relevant mileages from the mileometer of the vehicle. b) to meet any charges as agreed, incurred by the Trust in allowing the private use of the vehicle. c) not to take the vehicle outside Great Britain unless I have previously obtained the necessary consent and have obtained any necessary extra Insurance cover. d) not to allow any other person to drive the vehicle without the approval of the Trust. e) to keep the vehicle in a clean condition, externally and internally. f) to claim mileage expenses no more than 3 months after the date of travel. I note that should I fail to fulfil any of my obligations set out in this agreement then it will be at the discretion of the Trust whether or not to terminate the lease car concession. Signature:......Date:... SECTION 6: CERTIFICATION BY THE BUDGET MANAGER I CERTIFY THAT : a) A car is essential to the proper discharge of the Officer s functions. b) The officer is currently entitled to payment of the Regular User car allowance as defined in the Trusts Accounting and HR policies. c) The vehicle(s) that the officer wishes to hire is suitable for the performance of their official duties. d) The annual business mileage quoted above is an acceptable estimate based on previous mileage claims, and the future estimated business mileage takes account of any known changes to their circumstances. e) I have seen the original driving licence (not photocopy) and certified the copy BUDGET COST CENTRE:..(please complete) Name (BLOCK CAPITALS): Signature: Date:... SECTION 7: APPROVAL - DIRECTOR OF FINANCE Signature.Date. PROCESS 1. Applicant to give form to Budget manager to authorise & pass to Director of Finance for approval Completed form and current copies of all relevant driving licences to be sent to: TCM (Total Contract Management) Dominion Way, Rustington, West Sussex, BN16 3HQ Tel:

28 Fax: For Lease Car Department use: - Quote checked by: Date:... Quote issued date:... 5

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