Essex Fire Authority Car Lease Scheme. Terms, Conditions & Driver Information. Effective 20th May 2009

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1 Essex Fire Authority Car Lease Scheme Terms, Conditions & Driver Information Effective 20th May 2009 Revised May

2 Revised May

3 Index Item No Description Page 1. Introduction 4 2. Eligibility 4 3. Long Term Sick/Maternity Leave 5 4. Terms of Use 5 5. Choice of car 7 6. Fuel 7 7. Private and Business Mileage 8 8. Maintenance and Repairs 8 9. Insurance End of Lease General Information Declaration 15 Revised May

4 CAR LEASE SCHEME TERMS AND CONDITIONS 1 INTRODUCTION 1.1 The person detailed in section 12 is responsible for reading, understanding and complying with the rules, conditions and policy references given in this document and the application form. Signing the EFA Lease Scheme application form will show agreement. 1.2 The car will be available for both business and private use. EFA will be responsible for all lease costs (except fuel used for private mileage and oil for topping-up purposes and any costs that arise from failure to comply with the conditions of the scheme, see section 4.2) and the leaseholder will make a monthly contribution, deductible from pay, towards these costs in respect of private usage. The EFA may increase or decrease the hire payments by giving the leaseholder 28 days notice in writing at any time to take account of fluctuations in the following items: The cost of insurance of the said vehicle Fluctuations on estimated annual mileage Joining this scheme is entirely voluntary. However, in completing and signing the EFA Lease Scheme application form, the leaseholder is entering into a legally binding agreement with the EFA. 1.3 The leaseholder is advised that tax liability for private use of the leased vehicle is the personal responsibility of the leaseholder and should be checked with the IR/Local Tax office. 1.4 The employee must also make any named drivers on their application aware of these Terms and Conditions. 2 ELIGIBILITY 2.1 Any employee of the EFA can apply for the Car Lease Scheme if they fall within one of the following categories: Support Staff Travels 8,500 or more reimbursable business miles per annum not covered by any other provision (excluding normal home to office and excess miles caused by change of place of work). Evidence must be given. Staff graded SMG1 and above (no mileage qualification). Uniformed Personnel that hold a substantive role of Station Manager A or above. Must have more than three years service left Revised May

5 3 LONG TERM SICK/MATERNITY LEAVE 3.1 A leaseholder on long-term sick leave or maternity leave may retain his/her lease vehicle at no additional cost during the 3 year term of the lease contract. Leaseholders contributions towards the cost of the lease car provision during such absence will continue to be made by deduction from salary. In instances where salary entitlement under sickness or maternity absence comes to an end or is reduced within the 3 year lease term the leaseholder monthly payments will still need to be paid, if the lease vehicle is to be retained. Return of the car and any early surrender penalties incurred by the EFA may be imposed upon the leaseholder. 3.2 If the leaseholder becomes medically unfit to drive, he/she must notify Transport Manager SHQ in writing as soon as is reasonably practicable. 3.3 Where the lease contract expires during the absence, the leaseholder must arrange for the return of the vehicle to Service Workshops. 4 TERMS OF USE 4.1 Period of Agreement Normally 3 or 4 years, as detailed on quotation and vehicle order. The EFA reserves the right to terminate the agreement, 28 days prior notice will be given in writing. If the car is not returned, for any reason on the last day of the agreed lease period and the EFA incurs additional costs, these will be rechargeable to the leaseholder. 4.2 Limitations On Use During the period of the agreement, the leaseholder shall not sell, assign, pledge, mortgage, underlet, lend or part with the possession of the vehicle. Any approved driver shall not overload or use the vehicle for any purpose for which they are not expressly or reasonably designed and in accordance with the insurance requirements. The following circumstances may result in the cancellation of the agreement, return of the lease vehicle and recovery of charges from the leaseholder incurred by the EFA. However, each case will be decided at the discretion of the Chief Fire Officer. Revised May

6 Disqualification or suspension from driving for a period exceeding two months. Refusal of the employee to use the car on normal business at any time. Failure to submit mileage claim forms as instructed by Transport Manager. Misuse of vehicle. Failure to report accidents and damage to the vehicle, and to complete insurance claims forms within seven days of an incident. Breach of contract. Modifications being carried out without the prior written consent of the Service Engineering Manager. Is considered medically unfit to drive by GP, Consultant or Service Medical Advisor. Failure to submit a vehicle for service/inspection when requested to do so. Failure to keep the vehicle in an acceptable condition both internally and externally 4.3 Driving Licences All drivers must hold a current valid driving licence for the type of vehicle. At the time of ordering the vehicle, the employee must produce their own current driving licence and driving licences for all named drivers. Named drivers must produce their driving licence even if they are an EFA employee as they will be undertaking private mileage in the vehicle. In addition all driving licences must be produced for routine checking and verification annually. This requirement is the responsibility of the leaseholder. 4.4 Insurance Restrictions Drivers allowed are: Leaseholder EFA Business, domestic and pleasure Spouse/partner domestic and pleasure One additional named driver (over the age of 25) domestic and pleasure Any EFA employee with light driving qualification EFA business use only Drivers not allowed are: Learner drivers Drivers under the age of 25 EFA reserves the right to refuse or cancel the leaseholder, spouse/partner or any named driver at any time. The minimum period a named driver must be on the insurance is four months. They cannot be changed within this time. The driving licence of the driver must be produced. This process is at the discression of the Engineering Manager/Transport Manager. 4.5 Endorsements Any applicant to the Scheme having 9 or more valid penalty points on their licence will not be approved. 4.6 Driver Assessments / Training Some or all drivers may be required to undertake a driving assessment or driver training at any time during the lease period. Revised May

7 4.7 Passengers Whenever two or more passengers undertake an official journey and do so in one vehicle, a vehicle provided under the Scheme must be used if any of the employees has such a vehicle, unless it is undergoing maintenance or repair. 5 CHOICE OF CAR The Transport Department is unable to provide firm delivery dates on vehicles and can only pass on details as provided by the supplying dealer and your leasing company. Therefore leaseholders are advised not to make arrangements to sell/dispose of their existing privately owned vehicle until advised by the Service Workshops/Transport Department that their lease vehicle has been delivered and is awaiting collection. If a current lease expires before a new vehicle is available, provision of a vehicle to cover the interim period is the responsibility of the individual. Provision of a vehicle for less than a week will be individually assessed. 5.1 Limitations on Vehicle 6 FUEL No convertibles hard or soft top Maximum Vehicle Excise Duty band H (175g/km) No full length glass roofs Minimum roof height of 1.2 m All 4x4 s to have roof rails fitted (cross bars supplied at cost to driver) Minimum 2 airbags (driver and passenger) No bull bars Minimum 4 door, 4 seats Adequate and secure luggage space Must be suitable to accommodate current blue light All vehicles will be non smoking both for private and official miles Approval of your preferred choice will be made by the Service Engineering Manager. Please note that the Service leases the vehicle from the lease company and then subleases to the employee. The Service therefore reserves the right to refuse an application for any vehicle it considers to be unsuitable. No modifications will be permitted without the written authorisation of the Service Engineering Manager. Revised May

8 The leaseholder is responsible for providing fuel for both private and business use. Mileage is paid in line with IR Regs. 7 PRIVATE AND BUSINESS MILEAGE It is the responsibility of the leaseholder to submit mileage returns on a monthly basis by the 10 th of the following month, using the appropriate form (TRAN140), to the Transport Department SHQ. The EFA reserves the right to verify and amend the proposed annual mileage entered on the quote form. 8 MAINTENANCE AND REPAIRS It is the leaseholders responsibility to ensure that all servicing and repairs are carried out in accordance with manufacturers recommendations. Service Centres must be authorised by prior agreement with the lease company. Further details can be found in the driver information pack issued with the vehicle. EFA reserves the right to transfer any costs to the employee incurred from mechanical breakdown and repair from vehicles outside the manufacturers servicing schedule, or if repairs are as a result of driver error. It is the responsibility of the leaseholder to ensure that servicing is carried out at the due time/mileage in accordance with the manufacturer s and lease company s recommendations. At the time of servicing the leaseholder must ensure that the service booklet is correctly completed. Any costs incurred by EFA as a result of the driver failing to adhere to these requirements may be rechargeable to the driver at the discression of the Engineering Manager. The leaseholder is responsible for ensuring that services and planned maintenance takes place well in advance of due dates. It is also the leaseholders responsibility to make their vehicle available and attend Service Workshops for safety checks. The leaseholder must ensure that the vehicle is kept in a clean, roadworthy and legal condition at all times. Where possible, a temporary car may be provided by the garage undertaking repairs or maintenance, however, this cannot be guaranteed. 8.1 Temporary Loan Vehicle Loan vehicles are not fitted with Emergency Equipment and are not to be used for operational duties. 8.2 Drivers Vehicle Checks All vehicle checks must be carried out in accordance with Service Order 11 and entries made in the vehicle log book. 8.3 Repairs To The Vehicle All repairs to the vehicle must be carried out by an authorised garage or Service Workshops. Revised May

9 8.4 Breakdown/Recovery Service Details in Drivers Information Pack. 8.5 Repairs or Adjustments to the Vehicle by Driver The driver must not carry out repairs and/or adjustment to the vehicle over and above those detailed in Service Order Repair of Punctures and Replacement of Tyres and Tubes Instructions are given in the Drivers Information Pack. Leaseholders who may be required to attend an operational incident, must inform Control that they are unavailable until the repair to the tyre is carried out. On no account should the vehicle proceed to an operational incident with a run flat or space-saver tyre. Please note: if tyres need replacing as a result of damage, the leaseholder may be responsible for meeting the cost. 8.7 Windscreen/Glass Contact Service Workshops for all glass replacement. 8.8 Cleaning The leaseholder is responsible for maintaining the interior in a clean and tidy condition and the exterior must be washed regularly. 8.9 Inspection A duly authorised employee of EFA may inspect the vehicle at any reasonable time to determine its mechanical or physical condition, mileage, or for any other reason associated with the scheme. If this inspection results in a need for remedial action then the costs of such actions will be charged to the leaseholder at the discression of the Engineering Manager. 9 INSURANCE 9.1 Limitations on Use The vehicle is subject to the following: Business use the leaseholder or any other EFA employee who holds a light driving qualification. Social, domestic and pleasure the leaseholder, spouse/partner and one named driver (over 25 years) Spouse/partner and named driver must have prior authorisation from Transport Manager. Revised May

10 9.2 Exclusions Hire and reward, racing, rallies, competitions, trials, pace-making, speed testing and any business use other than that of the EFA. The exclusion of hire and reward does not exclude transport sharing for travel to work and other journeys, providing there is no profit motive. 9.3 Normal Insurance Cover The cover is for the vehicle only and does not cover personal property and effects damaged by accident, fire or theft nor trailers or caravans other than for third party risks whilst attached to the vehicle. 9.4 Excess Excess will be recovered from the leaseholder for accident damage incurred by the leaseholder, spouse/partner or named driver. Claim 1 Zero excess Claim Claim and thereafter within the term of the lease Write off 500 These charges apply where it is determined that the fault of the accident is down to the leaseholder or authorised driver. For % liability claims the excess will be charged at claim %. An invoice will be sent to the driver from the Transport Manager authorised by the Engineering Manager. These charges will apply regardless of whether on private or business mileage. 9.5 Theft and Accident Write-offs Approximately six weeks after the non-recovered theft of a car or, in the case of a writeoff, when the insurance company accepts that the vehicle is not worth repairing, your agreement under the scheme for that vehicle will be terminated. Revised May

11 9.6 Accidents Accident Book defect with Control & complete FB14 Inform Workshops who will attend if necessary If recovered, Workshops obtain quotes & Provide pool car If driveable, leaseholder to obtain three quotes including one from Workshops Engineering Manager authorises repairer & decides level of excess chargeable If any unreported damage is found, the total cost of repair will be charged to the leaseholder. 9.7 Notifications The leaseholder must notify the Transport Department in writing if he/she or any authorised driver suffer any of the following: Become medically unfit to drive or have restrictions imposed by the DVLC on medical grounds. Be convicted of any motoring offence, including any speeding offence during the term of the lease or parking violations. The employee must provide full details of the circumstances, the fines imposed and endorsements etc. An accident, (whether involving the lease car or any other vehicle) where the leaseholder/authorised driver is to blame or where liability is in dispute or involving any injury to passengers or third parties. Any earlier claims which have resulted in the leaseholder/authorised drivers motor insurers imposing terms or conditions or where cover has been withdrawn. Any action or proceedings, criminal or civil, instituted against leaseholder/authorised driver in connection with the lease vehicle. Revised May

12 Any third party correspondence received directly by the leaseholder/authorised driver must be sent to the Transport Department SHQ immediately for a response to enable any court claims to be brought within the requisite time. Non-disclosure of information may invalidate the insurance and render the leaseholder and/or the authorised driver liable to criminal proceedings. Please Note: The insurance covers the vehicle and not the driver. There is no cover in respect of personal effects or other contents unless recovered under the uninsured loss recovery The policy does not provide cover for driving any other vehicles. 9.8 Fines etc. During the period of the agreement the leaseholder shall pay and be responsible for all parking fines, road traffic offences (including GATSO cameras, except whilst on an emergency call) and other penalties. This indemnifies the EFA and/or the leasing company against all claims, actions, costs, expenses, damages and liabilities which may arise in respect of the said vehicle or the employee s operation and/or use thereof except insofar as the EFA s motor insurance policy extends to the employee and other authorised drivers. Parking fines and all other penalties that are received by the employee should be paid immediately. The leaseholder is also responsible for all payments associated with congestion charging whilst off duty. The Transport Department must be notified by prior to any on duty travel where a congestion charge may apply. Late payment attracts an admin charge of 25 which will be payable by the leaseholder. 10 END OF LEASE 10.1 Renewals and Returns At the end of the contract period, or earlier, for reasons detailed in previous sections, the leaseholder must liaise with the Transport Manager SHQ to arrange return of the lease vehicle to Service Workshops. Any vehicle not returned at the appropriate time for which the EFA incurs additional costs will be rechargeable to the leaseholder. Failure of the leaseholder to return the vehicle at the appointed date and time will result in the leaseholder being in unlawful possession of the vehicle. In such circumstances the leasing company reserve the right to repossess the vehicle from wherever they believe the vehicle is held using lawful force as may be necessary for this purpose. The leaseholder shall indemnify EFA and the leasing company in respect of all liability and costs incurred (including legal costs) or damage caused in so doing. The Transport Department will (if the leaseholder is still eligible and approved to continue on the scheme) forward a fresh application pack to lease scheme users approximately 4/5 months before the expiry of the current lease. The application should be completed in accordance with current ordering procedure (more details available from the Transport Revised May

13 Department). Leaseholders should complete their applications promptly to ensure that the replacement vehicle is made available to coincide with the expiry of the current lease. Cars returned to Service Workshops must have the exterior washed and interior cleaned and vacuumed immediately before return. Any work necessary to bring the vehicle to a reasonable state of cleanliness will be charged to the leaseholder at cost plus an administration charge Excess Wear and Tear The leaseholder is responsible for the condition of the vehicle during the lease period. Fair wear and tear is acceptable in accordance with the BVRLA guide, The leaseholder will be responsible for the payment of all costs outside the fair wear and tear guidance Purchase of Vehicle at the end of Leasing Period Leaseholders have the opportunity to purchase their vehicles at the end of the leasing period. The price will be as ascertained by the lease company at the time of disposal and will not be the subject of negotiation. The cost to you may be obtained by contacting the Transport Manager up to two months before the expiry of the lease. Any lease extension costs incurred as a result of delays caused by the request will be chargeable. The purchase of a vehicle at the end of the lease period does not invalidate an employee s eligibility to another vehicle under the scheme. If the leaseholder leaves EFA prior to the end of their lease period and does not wish to purchase the vehicle, all return and any excess mileage costs will be charged to the leaseholder. If the leaseholder leaves EFA prior to the end of the lease period and wishes to purchase his/her vehicle, a quotation can be arranged by contacting the Transport Manager as it is likely an early termination penalty will apply as the leasing company will view this as an early termination of the lease. In all cases, EFA will not have any liability to the purchaser in respect of the merchantable quality of the goods as the sale is between the leaseholder and the leasing company. (Nothing in this clause is intended to restrict any rights which you may have as a consumer). The leasing company will require payment in full for the vehicle at the agreed price no later than seven days prior to the end of the leasing period. If payment is not made in time to the leasing company any penalties for over-running on the lease contract will be recharged to the leaseholder. The leaseholder will need to arrange their own insurance cover for the vehicle from the date and time of sale/date of lease expiry Revised May

14 10.4 Cars Returned Prior To End of Lease Period Leaseholders that wish to return their vehicles before the end of the agreed contract period will be required to pay the early termination fee and all other costs incurred including excess mileage to date charged by the lease company. Further details available from the Transport Manager. Costs incurred due to cancellation of the agreement by EFA as a result of noncompliance with the terms and conditions of the leasing scheme may be re-charged to the leaseholder. 11 GENERAL INFORMATION 11.1 Foreign Travel Prior to any foreign travel, approval must be granted by the Transport Manager. In normal circumstances 21 days notice will be required. It is the leaseholders responsibility that they take with them all relevant documentation and emergency equipment required by the country they wish to travel to or through. If the leaseholders vehicle is unavailable due to accident or major repair work, then a pool vehicle will not be supplied by EFA for foreign travel unless the purpose of the journey is for EFA business. More information in Drivers Information Pack and from Transport Department SHQ. The leaseholder must ensure that where servicing would fall due by time or mileage, whilst the vehicle is out of the country, that this is carried out prior to travelling Alternative Transport Arrangements Where the lease vehicle is off the road for service or due to breakdown, accident damage or theft, and the leaseholder is allowed to use a fire service pool-car, he/she should note that it will not be insured for other drivers and it is only authorised for EFA business. 12 Health and Safety Considerations All personnel are required under Health & Safety Legislation to take responsibility for themselves and others while at work. In carrying out an appraisal of vehicles suitable for the purpose of responding to incidents, officers must take into consideration the requirements outlined in this document regarding size, emissions etc. Also to be considered is the Service provision of Emergency Vehicle lighting in the form of a detachable roof mounted magnetic integral light and siren. The unit is standard issue to all flexi duty officers on this lease scheme, having been approved by the appropriate ECFRS committees. Revised May

15 When selecting a vehicle for the purposes of this scheme, an assessment of the vehicles suitability MUST include an assessment of the risk to the individual while placing and removing this equipment. Selection of a vehicle will indicate that this risk assessment has taken place prior to ordering. For guidance on the construction and use of the light/siren unit, please contact the Technical Department. 12 Declaration I have read and agree to comply with the Terms and Conditions of the Essex Fire Authority Lease Scheme. Signed Dated Print Name Service Number. Revised May

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