CAR LEASING SCHEME. (Covering all employees excluding teaching staff) CONTENTS. Section 1 INTRODUCTION 2 ENVIRONMENTAL CRITERIA 3 ELIGIBILITY

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1 CAR LEASING SCHEME (Covering all employees excluding teaching staff) CONTENTS Section 1 INTRODUCTION 2 ENVIRONMENTAL CRITERIA 3 ELIGIBILITY 4 CONTRIBUTION LEVELS 5 METHOD OF APPLICATION 6 USE OF VEHICLE 7 MAINTENANCE AND REPAIR 8 REPLACEMENT VEHICLES 9 INSURANCE 10 TERMINATION 11 GENERAL 12 REVIEW OF THE SCHEME 9 April 2002 (Revised) (Revised 1 February 2013 due to Organisational Structure Changes)

2 CAR LEASING SCHEME (covering all employees excluding teaching staff) 1. INTRODUCTION 1.1 An employee shall be eligible to apply for a leased car under this Scheme only if the employee is an Authorised Car User as designated by the Head of Department and is expected to continue as an Authorised Car User throughout the period of the car hire. 1.2 Applications under the Scheme shall be in a form prescribed by the Chief Financial Officer who shall administer the Scheme and in so doing may make any enquiries which are considered necessary in the financial interest of the Council. 1.3 The term User in this Scheme refers to the employee of the Council who has signed, or proposes signing, an agreement to lease a vehicle through the Car Leasing Scheme. 1.4 The Scheme is based on a contract hire agreement between The City of Edinburgh Council and a Contract Hire Company which enables the Council to provide a fully maintained new car for use by eligible employees in connection with the Council s business. The User makes a fixed monthly payment to the Council in respect of his or her private use of the vehicle and has no liability for maintenance, road fund licence (only increases will be charged) and motoring association membership. The User is responsible for additional payments which may arise under the terms of the contract in certain circumstances. Details of the additional payments which can arise are given below and include charges made in the event of premature termination of the hire and excess mileage charges. 1.5 An employee obtaining a leased car under this Scheme shall undertake to use the car for duties on behalf of the Council as required by the Head of Department during the period of the lease. 1.6 The new car will be hired for a 3 year period and any approved business mileage undertaken in the hired vehicle will be claimed monthly and reimbursed at the residual business mileage rate of 10p per mile. The difference between the residual business mileage rate and the current business mileage rates payable by the Council will be reflected in the Council s contribution to the cost of the lease. 2. ENVIRONMENTAL CRITERIA 2.1 In support of the Council s environmental objectives all vehicles supplied under this scheme must fall within Annual Vehicle Excise Duty bands A to C (ie vehicles with a carbon dioxide emission figure not exceeding 185 grammes of CO 2 per kilometre travelled).

3 3. ELIGIBILITY Eligibility is subject to:- confirmation from the Head of Department that the User is designated an Authorised Car User and is expected to continue to be so designated throughout the period of the car hire; the User maintaining a valid full driving licence for the appropriate class of vehicle; the User s compliance with any conditions laid down by the Contract Hire Company. 3.2 The Chief Financial Officer reserves the right to refuse an application and to consider other relevant factors in making a decision. 3.3 The Users of cars hired under this Scheme are required to notify the Council immediately of any event which affects or might affect their eligibility to participate in the Scheme. 4. CONTRIBUTION LEVELS 4.1 The User s Head of Department is required to certify the estimated business mileage which the User will travel over the 3 year period of the lease. The Council s contribution towards the cost of the contract will be determined at the start of the contract and will be set according to the estimated business mileage determined by the Head of Department and the payment arrangements set out in paragraph 1.6. Similarly the User will be required to estimate his/her private mileage over the same period. The accuracy of the total mileage is important as it determines the rate at which a Contract Hire Company will supply a vehicle. There will be no alteration to these mileage figures during the contract period other than where the Head of Department identifies that there is a significant increase in business mileage when a new level of Council contribution will be determined. 4.2 Information as to the cost of a User hiring a particular vehicle can be obtained from Corporate Governance. Prices in general will be those which are effective on the date the order is placed, and will be protected from manufacturer s price increases for a period of 3 calendar months from the date the order is placed. Hire charges will be payable from the date on which the vehicle is available for collection. 4.3 A formal agreement will be entered into between the User and the Council setting out the obligations of both parties and detailing the contribution which will apply during the term of the contract. 4.4 Any revision of mileage rates payable by the Council will apply only to new contracts entered into after the review date. 4.5 The Council s contribution will not exceed the total contract rental in any one case and the User will be required to pay the insurance element as a minimum.

4 3 4.6 The total User s contribution will be deducted from salary in 36 equal instalments. 4.7 The Council will support the leasing of any vehicle chosen by a User subject to the Head of Department being satisfied that the vehicle is in all respects suitable for use on Council business. 5. METHOD OF APPLICATION 5.1 Application forms are available from Corporate Governance. When completed, forms should be submitted to the appropriate Head of Department for consideration and approval, after which they should be forwarded to Corporate Governance. 5.2 When the application has been approved by the Chief Financial Officer, a letter confirming the details of the vehicle requested together with a breakdown of the monthly charge will be sent, in duplicate, to the User. 5.3 The User will then be required to sign and return one copy of the letter if the quotation is acceptable. This letter will also require the User to state a preferred delivery date. On receipt of this authority to proceed, a firm order will be placed with a Contract Hire Company. 5.4 The Contract Hire Company will, as soon as possible, advise the Chief Financial Officer when the leased car will be available for collection. 5.5 The Chief Financial Officer will make arrangements with the User to sign a Minute of Agreement and to receive an authority to uplift the vehicle. The User will then collect the car and Instruction Pack from the Contract Hire Company. 5.6 As specified in paragraph 4.2, the charge payable by the User will normally be based in part on the cost of the car to the Council at the date of order. The quotation signed by the User is subject to an increase in the monthly charge to take account of any increase in cost to the Council between the date of quotation and the date of order. 6. USE OF VEHICLE 6.1 The vehicle must be available at all times, subject to servicing and repairs, for use by the User in the performance of the User s official duties as required by the Council.

5 6.2 The vehicle must not be used for: 4 driving tuition for commercial gain, racing rallies, speed or time trials, hill climbs or any form of competition; or any purpose for which the vehicle is not designed; or any unlawful purpose or in any contravention of any statute or regulation; or (d) any non-council business/commercial activity unless specific approval in writing has been obtained from the Chief Financial Officer. 6.3 Towing may be permitted following written approval from the Chief Financial Officer. This is subject to the User undertaking that the vehicle will not tow any trailer in excess of the manufacturer s recommended weight. 6.4 Although the vehicle remains the property of the Contract Hire Company, the User is liable for its road worthiness and is required to indemnify the Council against parking fines, or other liabilities arising from the way the vehicle is used, particularly breaches of the Road Traffic Acts. In the event of any fine/fixed penalty or other charge, which the User knowingly should have paid, being paid by the Contract Hire Company or the Council this will be recharged plus an administration fee from the Contract Hire Company (if appropriate) and an administration fee from the Council. 6.5 The vehicle should normally be kept at the User s home address and garaged whenever practicable. In the event of a User moving home, the Chief Financial Officer must be immediately informed, in writing, of the change. 6.6 The User must not pledge, let or hire, sell, assign, transfer, charge, or dispose or part with the control of the hired vehicle or attempt to do so. 6.7 Applications in writing must be made through Corporate Governance to the Contract Hire Company for permission to take the vehicle out of the British Isles. Foreign travel, travel to Northern Ireland and Eire, will be permitted subject to the arrangement of satisfactory insurance and adequate breakdown protection. Responsibility for the vehicle will rest with the User until it is returned to the British Isles. Repairs and maintenance carried out abroad which are not covered by the Maintenance Agreement with the Contract Hire Company are the sole responsibility of the User. On each occasion applications for permission to take vehicles outside the British Isles should be submitted at least four weeks before the proposed commencement of the journey (see paragraph 9.7). 7. MAINTENANCE AND REPAIR 7.1 In accordance with the Agreement with the Council, the Contract Hire Company will provide or pay for:- regular and routine maintenance and servicing;

6 5 all remedial or repair work arising without negligence or misuse or accident on the part of the User and needed to maintain the vehicle in a roadworthy condition; (d) (e) all routine tyre replacement. Tyres which require to be replaced due to damage may be recharged at the discretion of the contract hire company; all routine battery replacement; and all routine exhaust system replacement. 7.2 On taking possession of the vehicle, the User will receive a set of instructions from the Contract Hire Company regarding routine servicing and arrangements for repairs and breakdowns and replacements of tyres, batteries and exhaust systems. The User should make him/herself aware of the requirements of the Contract Hire Company as contained in the instructions or otherwise notified to him/her and comply with those requirements at all times. 7.3 When the vehicle is delivered the User will be responsible for ensuring that there are no defects of any kind which are apparent on reasonable inspection and that all standard and optional equipment is present, where this can be ascertained by reasonable inspection. When accepting delivery, Users should bear in mind their responsibility to return the vehicle in good order, repair and condition at the end of the contract (see paragraph 11.9). 7.4 The User will be required to advise the Contract Hire Company by stationery, included in the instruction pack, of the garage where the User wishes maintenance and warranty work to be carried out and, if approved, the Contract Hire Company will then make arrangements with the selected garage. 7.5 A vehicle requiring repairs under warranty must be delivered, by the User, direct to the appropriate franchised garage. 7.6 The Contract Hire Company reserves the right to nominate the garage at which accident damage repairs should be carried out. 7.7 The User will be responsible for periodic checking of oil, water, batteries, tyre pressures and other items which a responsible owner would be expected to check from time to time, together with any associated maintenance such as topping up the oil or adjusting the tyre pressures. Any damage to the vehicle or any cost arising from failure to carry out such routine checks and maintenance or from negligent use or deliberate abuse of the vehicle by the User will be the responsibility of the User, who will be required to reimburse any resultant cost to the Council. 7.8 In the event of emergency repairs or towing to a local garage, only the appropriate motoring organisation will be contacted. If settlement has to be made to them for any part fitted, the Contract Hire Company will reimburse by return on production of receipts. Parts must be retained in the event of any claim under warranty. If the part is not available, settlement may be withheld pending investigation. 7.9 Accident damage will be covered by insurance claims subject to the appropriate excess (see paragraph 9.3).

7 The Contract Hire Company will arrange for the vehicle to be covered by a 24 hours national breakdown/recovery service provided by a reputable operator. 8. REPLACEMENT VEHICLES 8.1 In the event of a mechanical breakdown or an accident to any vehicle or if a vehicle is off the road on account of major mechanical repairs which require more than 24 hours to complete and are not due to any act of neglect or default by the User (or their families or other authorised drivers) the Contract Hire Company will arrange for the provision of a replacement vehicle within 24 hours of notice being given to them. 8.2 The User should contact the Contract Hire Company to arrange for the supply of a replacement vehicle. 8.3 A replacement vehicle made available in the event of a mechanical breakdown will have no restriction placed on the length of time for which it is provided. In the event of accident damage or theft, provision of a replacement vehicle will be restricted to 28 days per incident. 8.4 If the Contract Hire Company is unable to provide a replacement vehicle within 24 hours of notification the User should contact Corporate Governance s Staff Cars & Benefits Section. 8.5 All mileage run in a replacement vehicle will count towards the total contract mileage. 9. INSURANCE 9.1 The Council will arrange a standard Comprehensive Motor Insurance Policy in respect of vehicles on Contract Hire on behalf of the Users of the Car Leasing Scheme. 9.2 The policy will provide cover for Users on Council business/private use and private use by other persons authorised by the User provided that the person driving holds an appropriate licence to drive the vehicle and is not disqualified from holding such a licence. 9.3 The cover will be subjected to a 150 Accident Damage Excess which will be the responsibility of the User and in addition, for young/inexperienced drivers, the excess will be increased as follows:- for drivers under 21 years of age - by 150 (Total 300) for drivers aged 21 to 24 inclusive - by 75 (Total 225)

8 7 for inexperienced drivers (those who have held a full licence for less than one year, or who hold a Provisional Licence) aged under 21 - by 150 (Total 300) all others - by 75 (Total 225) and An excess of up to 1000 will be applied in the event of any vehicle being driven by any person who has been convicted of any of the following:- Offence Offence Reference Dangerous Driving DD 30/40/50/60/70/80 Drink or Drugs DR 10/20/30/40/50/60/70/80/90 Taking/Stealing UT 10/20/30 Failing to report an accident OR Any other Conviction(s) resulting in Disqualification AC 10/20/30 NB All figures quoted in paragraph 9.3 are subject to alteration in respect of the insurance policy adopted. 9.4 The Chief Financial Officer, from whom Insurance Claim forms are obtainable, requires to be notified of all accidents involving the leased vehicles. 9.5 The cover will exclude use for hire or reward or for racing, pacemaking, reliability trial, speedtesting or commercial travelling. 9.6 Should a User leave the Scheme a certificate will be available from the Chief Financial Officer confirming the number of claim free years of participation in the Scheme, for submission to Insurers for No Claims Bonus purposes. 9.7 A Foreign Travel green card can be obtained as and when required on application to the Chief Financial Officer and payment of the appropriate charge (see paragraph 6.7). 10. TERMINATION 10.1 If any contract is terminated prematurely penalty charges will be imposed on the User as follows:- Month in which Contract terminated Number of Months Penalty Charges

9 The Council will waive all penalties in the event of:- (d) (e) (f) (g) Death in service; Retirement/dismissal on grounds of ill-health; Redundancy; Retirement in the interest of the efficiency of the service; Resignation; Internal movement to a post without Authorised Car User designation; and Removal of Authorised Car User designation by the Head of Department In the event of a contract being terminated for the reasons stated in 10.2 to 10.2(g) above, the Chief Financial Officer requires one month s written notice to be given In any other circumstances the Council reserves the right to pass on to the User all penalties incurred (eg voluntary withdrawal from the lease, driver ban, disciplinary dismissal) In cases where the hire of a vehicle is terminated before expiry of contract the User will forfeit the right to claim any rebate of any description The following courses of action however, may be available to Users following consultation with the Chief Financial Officer:- the User may wish to purchase the car; if the User is moving to another authority with a Car Leasing Scheme then the contract may be transferred; and in the event of the User ceasing to be an Authorised Car User during their service with the Council then the User may be given the option to retain the vehicle until the expiry of the contract but bear the whole cost of the hire Arrangements must be made for the replacement of existing vehicles three months before the end of an expiring contract The hired vehicle must be returned in a condition satisfactory to the Contract Hire Company. On its return the User is required to inspect the vehicle with a representative of the Contract Hire Company Any damage will be recorded on a Vehicle Termination Document which the User will be required to sign. The User should therefore be satisfied that the damage has been correctly recorded under the following headings:- damage chargeable to the Hirer; and fair wear and tear.

10 Charges received by the Council in respect of items listed under heading 10.9 above will be recharged to the User On termination of contract, the Contract Hire Company will be willing to sell this vehicle to the User at an agreed price. 11. GENERAL 11.1 The Contract Hire Company may be willing to purchase a User s existing vehicle up to one year old, in good condition and include it in the Contract Hire Scheme The Contract Hire Company may be willing to assist in the disposal of an employee s vehicle Increase/Decrease in the User s Monthly Payment The User s monthly payment will remain fixed for the period of the contract, subject to: (d) any changes in Value Added Tax; any additional charges or liabilities imposed by law; the Council being reimbursed for the whole of any increase in the costs of the Road Fund Licence for the vehicle over the cost of Licence as at the date on which the User s Agreement is signed; and the Council reserving the right to pass on any increase in insurance charges levied by the Council s Insurers Excess Charge/Rebate on Mileage If at the end of the contract period the actual private and unauthorised business miles run exceeds the estimated private mileage then there will be an excess charge to the User at the rate specified by the Contract Hire Company and advised within the quotation (see paragraph 5.2) If at the end of the contract period the actual private miles run are less than the estimated private mileage then there will be a refund to the User at the same rate. Such refund will not exceed the total rental contribution made by the User (excluding insurance premiums) over the term of the contract Similarly, the User s Department will be charged/refunded at the same rates in respect of variance from the business mileage estimate.

11 Additional/Optional Equipment Vehicles may be ordered with certain additional/optional equipment (eg five speed transmission, sunroof, radio/cassette, metallic paint, tow-bar etc). The Contract Hire Company will, in such circumstances, raise a charge in respect of the total cost of any such item at the commencement of the contract. This amount requires to be paid in full and forms no part of the rental cost. The Council will however offer the following options to Users:- pay the full amount at the outset and thereby benefit from any discount which may apply; or request that the Council pays the account on their behalf and then spread the repayment over the 36 months of the lease. In the event of a User subsequently terminating their Contract Hire Agreement with The City of Edinburgh Council, for whatever reason, then the balance due, at that time, on any additional/optional equipment would become immediately payable by the User In the event of a User wishing to fit additional equipment after taking delivery of a leased car, prior written permission must be obtained from the Chief Financial Officer If any additional/optional equipment cannot be removed from the vehicle without substantial or irreparable damage being caused then such accessories must be surrendered with the vehicle at the end of the period of hire The User shall be entirely responsible for restoring the car to a condition satisfactory to the Contract Hire Company at the end of a contract Maternity Leave In the event of a User with a leased car taking maternity leave then the following options will be offered:- the User shall be permitted to return the vehicle on the last working day before the commencement of the maternity leave. In these circumstances the User will not be required to pay the termination penalties. Any balance due on any additional/optional equipment would however require to be paid in full; or the User can retain the vehicle with contributions adjusted as follows: - for the remainder of the month (leasing) in which leave commences and for the following three months, the Council will maintain its full contribution. - after this period the Council s contribution is reduced by half and this continues for a further three months. Thereafter all contribution by the Council ceases and the whole cost of the hire is borne by the User.

12 11 - users who are proposing to take maternity leave should contact the Chief Financial Officer who will provide further details including the precise financial implications. - if a User elects to retain the leased car, then the Chief Financial Officer will require that a mandate be signed in respect of this Long Term Illness The User who is on long-term sick leave will be permitted to receive the Council s contribution levels similar to that described in Paragraph 11.6 above. During the third month of absence the User will be advised, in writing, of the dates on which the Council s contributions reduce and then cease and also of the rentals which would, as a consequence, be payable. In addition the option to return the vehicle will be offered which can be exercised at any time during the sick leave with no termination penalties being payable by the User Existing Car Loans Users who have an outstanding car loan from the Council are required to repay the balance within three months of taking delivery of the leased car. From the date of delivery, payment of principal will cease but interest will continue to accrue until the date of settlement Fair Wear and Tear The definition of fair wear and tear is difficult to be precisely given but it is clearly determined by reference to mileage covered by a particular vehicle. Normal use will provoke no charge. Ordinary wear and tear is generally taken as superficial scratches and scuffs to bumpers, stone chippings on front and lower sides of vehicle, minor scratches to paint work if surface of paint is not broken or undercoat visible. Excess of fair wear and tear includes scrapes and scratches where the paint surface is broken, ie where cutting will not restore the finish and re-painting is necessary, and dents or other impact damage to bodywork or bumpers, broken or cracked lenses, roof and gutter damage due to the fitting of a roof rack. Any tears, rips, cuts etc, to seats, interior trim carpets and headlining will be judged in excess of fair wear and tear as will stains from oil, glue, chemicals, or other matter which cannot be removed using proprietary upholstery cleaners Both during the period of the contract and at the date of expiry any disputes regarding the condition of the vehicle will be referred to an independent engineer nominated by the Automobile Association whose decision will be final and binding on all parties.

13 The Contract Hire Company reserve the right upon giving reasonable notice to inspect, during working hours, the state and condition of any vehicle Any failure to comply with these conditions may cause the immediate termination of the Contract Hire Agreement. Any penalty arising therefore will require to be met by the User. 12. REVIEW OF THE SCHEME 12.1 The Scheme will be reviewed in the light of changing circumstances by the Chief Financial Officer, in conjunction with the Director of Corporate Governance. The Scheme is not a local collective agreement and, subject to honouring any current individual leased car contracts, the Council reserves the right to alter/end the Scheme as deemed appropriate.

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