RISK MANAGEMENT POLICY & PROCEDURE #RM-2

Transcription

1 NCCSIF c/o Northern California Cities Self Insurance Fund Alliant Insurance Services, Inc. Corporate Insurance License No. 0C36861 RISK MANAGEMENT POLICY & PROCEDURE #RM-2 SUBJECT: DRIVING STANDARDS Issue: This policy and procedure addresses necessary measures aimed at reducing losses related to vehicle operation. Discussion: Employees and volunteers whose duties necessitate driving vehicles in the course of their assignments and duties need to maintain certain acceptable standards in order to reduce the City s exposure to loss. The privilege of driving is granted through the issuance of a license by the Department of Motor Vehicles. Certain proficiency and physical requirements must also be proven prior to the granting of such license. Failure to meet these requirements results in revocation or non-issuance of such a state license. Because of bad driving experience, a financial burden may be placed on the City due to increased insurance costs and exposure to liability. Therefore, in order to control the risk of losses and the accompanying expense of paying for losses, it is necessary to ensure that employees maintain an acceptable driving record. Policy: It is the policy of NCCSIF to require each Member City to institute and enforce the driving standards as set forth in this policy and procedure. Member Cities failing to institute and enforce the standards may be subject to disciplinary actions up to and including the provisions of Article XIII, Expulsion, of the Joint Powers Authority Agreement. Member Requirements and Standards: 1. All NCCSIF members shall enroll in the Department of Motor Vehicles Employee Pull Notice Program, as described in the information attached to this policy and procedure. 2. All employees who are required to drive in the course of their employment any vehicle identified in Vehicle Code Section (k) shall be placed in DMV s pull notice program upon hire, unless the employee is a casual driver as defined in Vehicle Code Section (j). It is further required that the NCCSIF Member request all existing and prospective employees who do now or will drive frequently on the Member s behalf during employment sign a written waiver allowing such existing or prospective employees to be enrolled in the pull-notice program, and if such waiver is obtained, to enroll the employees in the pull-notice program.

2 3. On an annual basis employees shall be informed of the policy guidelines and standards. 4. Job descriptions, or other formally adopted policies of the City, should state that employees must continue to meet established driving standards as a condition of employment for that position. Decisions regarding employment or assignment of nonqualifying employees are the purview of the Member City. 5. Driving standards shall be enforced consistently and fairly among all employees working in classifications where driving is required. 6. It is suggested that the City require applicants for positions requiring driving on the City s behalf to provide a current DMV driving report prior to employment. Employee Requirements and Standards: 1. Employees that are required to drive vehicles in the course their employment must possess a valid driver s license to legally operate the class of vehicle(s) they operate in their employment. 2. Employees accumulating two violation points, as valued and enumerated on the attached version of the Department of Motor Vehicles Negligent Operator Count Sheet DL551 (Rev. 2/90) in one year, three points in two years, and four points in three years, shall be considered marginally acceptable and may be required to attend a defensive driving class, the duration and nature of such class to be determined by the City. Employees or volunteers will be counseled and/or disciplined, and advised of the consequences of accumulation of more than five points. 3. Employees accumulating five violation points, as valued and enumerated on the Department of Motor Vehicles Negligent Operator Count Sheet (attached), within the last three years, shall be excluded from the City s coverage under the Risk Sharing Layer of the NCCSIF liability insurance coverage. 4. The conviction date as determined by the DMV shall be considered as the starting date for the periods discussed in #2 and #3 above. 5. The provisions of #2 and #3 above shall apply regardless of whether the driving which resulted in acquiring the violation points was or was not in the course of employment. Volunteer and Non-Employee Requirements and Standards: 1. All volunteers and non-employees who may have occasion to drive a City vehicle shall be required to read the policy standards. 2. Volunteers and non-employees who may use City vehicles must meet the established minimum driving standards as those set forth for employees above.

3 3. Driving standards shall be enforced consistently and fairly among all volunteers and nonemployees who may drive a City vehicle. 4. Department of Motor Vehicle license checks shall be made at the time of enlistment and at least annually thereafter. 5. Elected Officials are subject to these requirements. Use of Private Vehicles on City Business: There may be times when it may be necessary and expeditious for employees and volunteers to use their own vehicles in the course of City business. In this situation reimbursement is often provided in the form of a mileage allowance. The allowance is intended to compensate the employee or volunteer for the cost of gasoline and oil, wear and tear on the auto and for insurance costs. Insurance coverage for autos is purchased on the basis that the coverage follows the auto. If there is no liability insurance on the auto, in the case of an occurrence the Member City may be subject to a penalty from the JPA. It is therefore important that the employee or volunteer who is receiving an allowance be expected to have appropriate automobile insurance coverage. If not, the City will likely be held responsible. In addition, State law requires drivers to have automobile insurance. It is, therefore, prudent for the City to require proof of automobile insurance coverage prior to allowing an employee or volunteer to use a private vehicle on City business. Requirements and Standards for Use of Private Vehicles on City Business: 1. Driving standards required of Employees shall also apply to persons using private vehicles on City business. 2. Employees shall show proof of automobile liability insurance annually in accordance with the State of California minimum requirements: Coverage Type Bodily Injury Each Person $15,000 Bodily Injury Each Accident $30,000 Property Damage Each Accident $5,000 Effective Date: June 14, 1996 First Revision: October 27, 2006 Second Revision: April 24, 2009

4 One Point Count California Vehicle Code Violations as of 4/21/06 Section 2800 Disobedience to traffic officer Evading peace officer 2801 Disobedience to fire official 2803, 2803a, 2803b, 2803c Unsafe vehicle load Violation 2815 Disregarding non-student crossing guard 2816 Youth bus/children crossing highway 2817 Disregarding funeral escort officer 2818 Crossing safety flares/cones Driving, suspended/revoked for refusing test Violation of license restrictions Disregarding traffic officer's directions 21209, 21209a Driving in bicycle lane 21367, 21367a, 21367b, 21367c Disobedience to traffic signs/controller 21451, 21451a, 21451b Illegal movement/green light/arrow 21452, 21452a Illegal movement/yellow light/arrow 21453, 21453a, 21453b, 21453c Illegal movement/red/light/arrow 21454, 21454a - d, Traffic signals 21457, 21457a, 21457b Disobedience to flashing signals 21460a, 21460b Double lines/one broken line c Use of two-way left turn lane 21461, 21461a, Disobedience to traffic control device 21650, 21650a f Keep right 21651, 21651a Crossing divided highway Entering highway from service road 21654, 21654a, 21654b, 21655, 21655b Lane use/slow moving vehicle High-occupancy vehicle lane/entering/exiting , 21662a, 21662b Improper lane use Driving on sidewalk Freeway ramp/entering/exiting Load obstructing driver's view Interfering with driver's control of vehicle 21702, 21702a, 21702b Driving hours limitation 21703, 21704, 21704a, 21705, Following too closely Driving in fire area Driving in safety zone Towed vehicle swerving 21712, 21712a, 21712d, 21712f, 21715, 21715a, 21715b Unlawful riding/towing Turning across bicycle lane , 21758, Illegal passing , 21804a, 21804b Right-of-way 21805, 21805b Yielding right-of-way to horseback rider 21806, 21806a Yielding right-of-way to emergency vehicle Unsafe operation of emergency vehicle

5 21950, 21950a, 21951, Yielding right-of-way to pedestrian 21954, 21954b Due care for pedestrian on roadway 21960a Prohibited use of freeway Yielding right-of-way to blind pedestrian Turning and U-turns Unsafe staring/backing of vehicle , 22111a, 22111b, 22111c Signaling turns and stops 22112, 22112a School bus signaling 22348, 22348a, 22348c Speed/use of designated lanes 22349, Maximum speed 22350, 22351, 22352, 22352a, 22352b Basic/prima facie speed limit 22354, Exceeding posted/freeway speed limit 22356, 22356b Maximum speed 70 mph 22357, Speed in excess of local limits 22359, 22360, Speed in excess of local limits Speed/construction zone Restricted speed/weather conditions Speed/traffic lanes 22400, 22400a, 22400b Driving too slow 22405, 22405a Speed/bridge/tunnel 22406, Maximum designated vehicle speed 22409, Speed/solid/metal tires Speed limit on grades 22450, 22451, 22452, 22452a, 22452b Stop required/railroad crossing Stop for school bus 23109, 23109b, 23109d Speed contest/aiding or abetting 23116, 23116a Transporting person in truck load space Driving on trails and paths Drinking while driving 23222, 23222a, 23222b Marijuana or open container/driving Ignition interlock verification 23244, 23244b Defeating ignition interlock device Disobedience to toll highway officer 23270, 23270a Unauthorized towing 23330, 23330c Width/load of vehicle at crossing Disobedience to sign/vehicle crossing 24002, 24002a, 24002b Unsafe/unlawfully equipped vehicle Operation after notice by officer Lighting equipment 24409, 24409a, 24409b Failure to dim lights Lamps/flag for extended load 25103, 25103a, 25103b Lamps on projecting load 26301, 26302, 26302a, 26302b, 26302c Brakes 26303, 26304, 26304a, 26304b Brakes/combination vehicles Forklift truck brakes 26311, 26311a, 26311b, 26311c All wheel service brakes

6 26456, Brakes/stopping distance 26458, 26458a, Braking system/towing vehicles 26502a Adjustment/use of air brakes , 26506a, Airbrake system 26508, 26508a - c, 26508e - k, 26508o Emergency stopping system 26520, 26521, Vacuum brakes 27360, 27360a - c, , 27360a - c Child Passenger restraint 27363, 27363b Child seat belt 27800, 27801, 27801a, 27801b Motorcycle/passengers and equipment 29001, Fifth wheel connecting/locking device 29003a, 29003b, 29003c Hitch and coupling device 29004, 29004a - c, 29006, 29006a Towed vehicle coupling Pole dolly/load and length 31301, 31301a Caldecott tunnel restrictions 31303, 31303b, 31303c, 31303e Hazardous waste transportation Farm labor vehicle/unsafe operation 31540, 31504b Removable containers/regulations 31614, 31614a, 3164b, 31614d - f 31614h, 31614i 32104, 32104a, 32104b, 32105, 32105a, 32105c-e Explosives transportation Inhalation hazard transportation 32106, 32106a d Inhalation hazard transportation Tank vehicle regulations , 34501a, 34501c Driving hours limitations 34506, 34506a g Driving hours, equipment, maintenance, operation Safety regulation violation 34509, 34509c, 34509d Vanpool vehicle maintenance inspection 35784, 35784a, 35784b Violation of special permit , 35784a, 35784b Extralegal load/weight Lift-carrier/speed Bale wagon load width during darkness

7 Two Point Count California Vehicle Code Violations Section Violation , Evading peace officer/reckless driving 14601, 14601a,14601 b, Driving while suspended/revoked 20001, 20001a 20002, 20002a, 20002b Hit and run/injury/property damage 21651b Driving wrong side/divided highway 22348b Speed over 100 MPH 23103, 23103a,23103 b Reckless driving 23104, 23104a Reckless driving/causing bodily injury 23109a, 23109c Speed contest /exhibition of speed 23140, 23140a, 23140b Minor driving with BAC of 0.05% or more 23152, 23152a-d DUI/alcoholic beverage or drugs 23153, 23153a-d DUI/causing bodily injury or death 31602, 31602a, 31602b, 31602c Explosives transportation Other Common California Code Violations Used In Negligent Operator Count Section Code Violation Points or Education Disobedience to school safety patrol a, 192c1-192c4, 192.3c, Penal 192.3d Vehicular manslaughter with gross negligence 2 192c, 192.3, 192.3a, 192.3b Penal Vehicular manslaughter without gross negligence Streets and highways Speeding on Golden Gate Bridge 1

8 California Vehicle Code Sections Governing Use of Information Received from the Department of Motor Vehicles Free to Governmental Agencies The department shall not charge for copies of records or for information from its records given to any county, city, any transit operator as defined in Section of the Public Utilities Code, state department, or the United States government. Amended Ch. 726, Stats Operative July 1, Unauthorized Disclosure: Misdemeanor The willful, unauthorized disclosure of information from any department record to any person, or the use of any false representation to obtain information from a department record or any use of information obtained from any department record for a purpose other than the one stated in the request or the sale or other distribution of the information to a person or organization for purposes not disclosed in the request is a misdemeanor, punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in the county jail not exceeding one year, or both fine and imprisonment. Added Ch.1213, Stats Effective January 1, Unauthorized Access or Distribution: Civil Penalty No person or agent shall directly or indirectly obtain information from the department files using false representations or distribute restricted or confidential information to any person or use the information for a reason not authorized or specified in a requester code application. Any person who violates this section, in addition to any other penalty provided in this code, is liable to the department for civil penalties up to one hundred thousand dollars ($100,000) and shall have its requester code privileges suspended for a period of up to five years, or revoked. The regulatory agencies having jurisdiction over any licensed person receiving information pursuant to this chapter shall implement procedures to review the procedures of any licensee which receives information to ensure compliance with the limitations on the use of information as part of the agency's regular oversight of the licensees. The agency shall report noncompliance to the department. Added Ch.1213, Stats Effective January 1, Amended Ch. 1635, Stats Effective September 30, Supersedes Ch. 431 Protection of Confidentiality Any person who has access to confidential or restricted information from the department shall establish procedures to protect the confidentiality of those records. If any confidential or restricted information is released to any agent of a person authorized to obtain information, the person shall require the agent to take all steps necessary to ensure confidentiality and prevent the release of any information to a third party. No agent shall obtain or use any confidential or restricted records for any purpose other than the reason the information was requested. Amended Sec. 4, Ch. 440, Stats Effective January 1, Amended Sec. 3, Ch. 880, Stats Effective January 1, Commercial Requester Accounts; Requester Codes (a) The department may establish commercial requester accounts for individuals or organizations and issue requester codes for the purpose of obtaining information from the department's files, except as prohibited by Section (b) Commercial requester account applications shall include the requester's name, address, type of business, a specific reason for requesting information, and the name of the person responsible for the business or firm. (c) The department shall establish a commercial requester account when it determines that the applicant has a legitimate business need for the information requested and when the applicant files a bond in the amount of fifty thousand dollars ($50,000) and pays a two hundred fifty dollar ($250) filing fee. If the applicant does not request and is not issued a requester code permitting the applicant access to residence address information, only a filing fee of fifty dollars ($50) shall be required with the original application and each biennial renewal application.

9 (d) An individual requester code shall be issued for a period not to exceed five years and may be renewed upon application for additional periods not to exceed five years each. (e) A requester code may be denied to any person unless the proposed use of the information from department records is related to legitimate business or commercial purposes of that person. A requester code may be canceled immediately if the requested information is used for a purpose other than the purpose for which the requester code was issued. Added Ch. 1213, Stats Effective January 1, Amended Ch. 579, Stats Effective January 1, Direct Computer Access: Permit (a) Except as provided in Sections , , , , , , and , the department may authorize, by special permit, any person to access the department's electronic database, as provided for in this section, for the purpose of obtaining information for commercial use. (b) The department may limit the number of permits issued under this section, and may restrict, or establish priority for, access to its files as the department deems necessary to avoid disruption of its normal operations, or as the department deems is in the best interest of the public. (c) The department may establish minimum volume levels, audit and security standards, and technological requirements, or any terms and conditions it deems necessary for the permits. (d) As a condition of issuing a permit under this section, the department shall require each direct-access permittee to file a performance bond or other financial security acceptable to the department, in an amount the department deems appropriate. (e) The department shall charge fees for direct-access service permits, and shall charge fees pursuant to Section 1810 for any information copied from the files. (f) The department shall ensure that information provided under this section includes only the public portions of records. (g) On and after January 1, 1992, the director shall report every three years to the Legislature on the implementation of this section. The report shall include the number and location of direct-access permittees, the volume and nature of directaccess inquiries, procedures the department has taken to ensure the security of its files, and the costs and revenues associated with the project. (h) The department shall establish procedures to ensure confidentiality of any records of residence addresses and mailing addresses as required by Sections , , , , and Amended Sec. 224, Ch. 745, Stats Effective October 11, Amended Sec. 11, Ch. 805, Stats Effective September 22, Amended Sec. 16, Ch. 594, Stats Effective January 1, (a) Any residence address in any record of the department is confidential and shall not be disclosed to any person, except a court, law enforcement agency, or other government agency, or as authorized in Section or (b) Release of any mailing address or part thereof in any record of the department may be restricted to a release for purposes related to the reasons for which the information was collected, including, but not limited to, the assessment of driver risk, or ownership of vehicles or vessels. This restriction does not apply to a release to a court, a law enforcement agency, or other governmental agency, or a person who has been issued a requester code pursuant to Section (c) Any person providing the department with a mailing address shall declare, under penalty of perjury, that the mailing address is a valid, existing, and accurate mailing address and shall consent to receive service of process pursuant to subdivision (b) of Section , subdivision (a) of Section , and Section of the Code of Civil Procedure at the mailing address. (d) (1) Any registration or driver's license record of a person may be suppressed from any other person, except those persons specified in subdivision (a), if the person requesting the suppression submits either of the following: (A) A certificate or identification card issued to the person as a program participant by the Secretary of State pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code.

10 (B) Verification acceptable to the department that he or she has reasonable cause to believe either of the following: (i) That he or she is the subject of stalking, as specified in Section of the Civil Code or Section of the Penal Code. (ii) That there exists a threat of death or great bodily injury to his or her person, as defined in Section of the Penal Code. (2) Upon suppression of a record, each request for information about that record shall be authorized by the subject of the record or verified as legitimate by other investigative means by the department before the information is released. (e) (1) The suppression of a record pursuant to a verification under subparagraph (B) of paragraph (1) of subdivision (d) shall occur for one year after approval by the department. Not less than 60 days prior to the date the suppression of the record would otherwise expire, the department shall notify the subject of the record of its impending expiration. The suppression may be continued for two additional periods of one year each if a letter is submitted to the department stating that the person continues to have a reasonable cause to believe that he or she is the subject of stalking or that there exists a threat of death or great bodily injury as described in subparagraph (B) of paragraph (1) of subdivision (d). The suppression may be additionally continued at the end of the second one-year period by submitting verification acceptable to the department. The notification described in this subdivision shall instruct the person of the method to reapply for record suppression. (2) The suppression of a record made in accordance with the submission of a certificate or identification card under subparagraph (A) of paragraph (1) of subdivision (d) shall occur for four years following the submission of the certificate or identification card described in this paragraph. The suppression may be continued for an additional four-year period, and for subsequent four-year periods, upon the submission of a current certificate or identification card described in this paragraph. (f) For the purposes of subdivisions (d) and (e), "verification acceptable to the department" means recent police reports, court documentation, or other documentation from a law enforcement agency.

11 [SAMPLE LETTER TO MEMBERS] Member Name Address NCCSIF RISK MANAGEMENT REVISED POLICY AND PROCEDURE RM-2 DRIVING STANDARDS EFFECTIVE APRIL 24, 2009 Dear : At the most recent NCCSIF Board of Directors meeting, the mandatory Risk Management Policy and Procedure RM-2, Driving Standards was revised. The policy addresses measures aimed at reducing losses related to vehicle operation. It covers two aspects of vehicle usage: The first section is unchanged and deals with employees and volunteers whose duties necessitate driving vehicles in the course of their assignments. Members are required to institute the driving standards summarized below (please refer to the complete policy): Members must enroll in the DMV pull notice program and utilize this programs for all employees or volunteers who are required to drive frequently (once a month or more) in the course of their employment; Employees or volunteers are to be informed of the guidelines annually, usually this has been accomplished in pay envelopes; Employees or volunteers required to drive must possess a valid license to legally operate the class of vehicle they operate in their employment; Employees or volunteers accumulating two to four violation points will be considered marginally acceptable and may be required by the city to attend defensive driving class; Employees or volunteers accumulating five violation points within the past three years shall be excluded from the City s coverage under the Risk Sharing Layer of the NCCSIF liability insurance coverage. The second section deals with employee and volunteer use of private vehicles on City business and is summarized here: Private insurance coverage for automobiles follows the vehicle;

12 Employees who drive their vehicles for City business are covered first by their private insurance and excess of that amount by the City (this is because the City has no responsibility for the maintenance of the employee or volunteer vehicles and should not be held responsible for its operation); Employees and volunteers who use their own vehicles must have insurance and must provide proof of insurance prior to allowing use of their vehicle on City business; In accordance with the State of California minimum requirements, the following minimum amounts of coverage apply to all employees: Coverage Type Bodily Injury Each Person $15,000 Bodily Injury Each Accident $30,000 Property Damage Each Accident $5,000

13 NCCSIF c/o Northern California Cities Self Insurance Fund Alliant Insurance Services, Inc. Corporate Insurance License No. 0C36861 RISK MANAGEMENT POLICY AND PROCEDURE #RM-3 SUBJECT: SIDEWALK LIABILITY MAINTENANCE STANDARDS Issue: Almost all Cities are faced with claims resulting from trips and falls arising from other than perfect sidewalks. Some Cities have ordinances addressing the subject and others do not. This advisory addresses various aspects of the subject and presents suggested prevention techniques commonly used by public agencies to minimize losses resulting from sidewalk defects. Legal Responsibility: California law allows public entities to pass on to adjacent property owners the responsibility for keeping sidewalks and curbs in good condition. The State of California, through the Improvement Act of 1911, has made the maintenance of sidewalks the responsibility of adjoining property owners. Section 5610 of the Streets and Highways Code states: The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property.... In response to a request for an opinion of the matter of responsibility, the California Attorney General responded in an Informal Letter (CV L) in which he determined that the property owner can be held responsible even where the damage to the sidewalk is caused by the growing roots of trees that are public property of the City within which the sidewalk exists. The Informal Letter is not published and is not binding law. Therefore, the law is not always in favor of the public entity. In one case, Jones v. Deeter, 152 (1984) Cal. App 3d 798, it held contrary to the Attorney General s opinion. There may be other cases as well. The Act of 1911 does not relieve the public entity from being held responsible for maintaining sidewalks in a condition, which poses no unreasonable harm to users. The public entity may be liable for damages that result from claims arising from sidewalk defects, and the landowner only responsible for the cost of sidewalk repair. The purpose of the Improvement Act of 1911 is to provide a means of reimbursing the municipality for costs of repairs of the sidewalk, not to transfer primary duty of repair to the property owners, nor to relieve the public entity from the responsibility.