Using a Personal Car on KCT Company Business Policy

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1 Using a Personal Car on KCT Company Business Policy The purpose of this policy is to help keep our valued employees safe while driving a personal car during the course and scope of your employment with us. Through this policy, KidsCare Therapy (KCT) will identify persons with poor driving records by obtaining Motor Vehicle Records (MVRs) covering the previous three (3) years. This will be completed for all employees at least annually and prior to employment for all new applicants. All employees with poor driving records may be subject to driving restrictions and corrective behavior action plans based upon established criteria. All employees and applicants will be required to complete a KCT Candidate Release Authorization form. These records and MVRs will be retained in the employee s personnel file DRIVER INELIGIBILITY FOR KCT POOL CARS ON COMPANY BUSINESS: 1. Drivers under the age of Drivers not holding a valid US or Canadian driver s license 3. Drivers with less than 1 year US driving experience 4. One or more major violations within the last 5 years 5. More than 3 moving violations, and/or at fault, preventable, or chargeable accidents within the previous 3 years Major Violations - Convictions for the following offenses: Driving while intoxicated or under the influence of any intoxicating drug or liquor (DUI, DWI), including prescription drugs Disregarding or evading a police officer Driving with a suspended or revoked license due to driving record Driving on the wrong side of the road Failure to comply with implied consent law Felony involving a major motor vehicle Hit and run, eluding, or leaving the scene of an accident Homicide or vehicular assault Illegal passing resulting in an accident Manslaughter with or without gross negligence Possession of a controlled substance Reckless or careless driving, drag racing or speed contest Speeding over 30 miles over the posted speed limit Filing a false report Refusal to submit to a Blood Alcohol Content (BAC Test) Three or more Company Vehicle physical damage claims in a twelve month period ** Note: The above list of major violations is not all inclusive and may include other offenses. Any employee who incurs a major violation while driving a car regardless of whether it is for business or personal use, must report that violation to their direct supervisor or Human Resources within two business days of the incident. Failure to report a major violation while driving a car other than a KCT pool car will result in disciplinary action, up to and including termination.

2 PARKING AND MOVING VIOLATIONS As the driver of your own vehicle on company business, you are responsible for any and all tickets (including but not limited to parking and moving violations). This responsibility includes the timely payment of all parking and moving violations associated with your vehicle. If KCT is notified and required to pay for a violation associated with your personal vehicle while on company business, you will be required to reimburse KCT for all costs associated with such violations (including any penalties). Checks should be made payable to KidsCare Therapy and sent to the Company at the following address: Addison Road, Addison, TX Checks should be submitted within 10 days after notification that payment is due. Failure to notify KCT of a ticket or pay KCT within the allotted time will result in a deduction from your pay and may result in disciplinary action up to and including termination of employment. HIGH RISK DRIVERS Although KCT will conduct a DMV motor vehicle record check on all employees prior to their employment with KCT, it is important to note that KCT will also conduct a DMV motor vehicle record check at least annually for all KCT employees. If (i) you are driving your own personal vehicle on company business pursuant to this Policy, and (ii) you receive a DUI/DWI (or any other analogue of such) while an employee of KCT, it is grounds for immediate termination of employment. KCT will check all employees DMV motor vehicle records at least annually to identify any unsafe driving incidents or other unacceptable practices. Driving records for employees that are determined ineligible will result in a referral to your manager and the Human Resources department for appropriate action. Some of the actions that may be considered include: Training through a local law enforcement agency, private agency, or the National Safety Council o Any fees/expenses associated with safety training courses will be at the expense of the employee. Disciplinary action up to and including termination of employment ACCIDENTS AND SAFETY HOW TO REPORT AN ACCIDENT WHEN DRIVING A PERSONAL VEHICLE WHILE ON COMPANY BUSINESS: In the event that you are in an accident, please follow the instructions below: 1. When an accident involves another vehicle, obtain the following: Drivers name Address Telephone number Name of Insurance Company Vehicle registration number Vehicle license plate number If possible, obtain the name, address, and telephone number of any witnesses, including name, badge number, and address of any investigating police agencies. Please note if there are any injuries reported by anyone involved in the accident. Using a Personal Car on KCT Company Business Policy Page 2

3 2. As soon as possible after the accident occurs, provide telephone notification to your immediate supervisor or Human Resources. 3. It is your responsibility to notify any state/or local agency (police, etc.) of the accident and file the appropriate written report. 4. If police are called to the scene, obtain the Police Report number that will be issued at the accident site. 5. If an adjuster or any other representative from the other driver s insurance company contacts you for a statement, either written or verbal, refer that person to your personal insurance carrier. 6. To protect your own interest, please follow the above instructions carefully. AT-FAULT ACCIDENT FEE If you are involved in an accident that is deemed to be your fault (as designated by a police report, insurance statement, etc.), KCT will not be held liable for any damages to an employees personal car while on company business. SAFETY GUIDELINES You should consider all safety-related issues related to the use of a personal vehicle on company business including, but not limited to, the following: You are to comply with ALL motor vehicle traffic laws while operating your personal vehicle on company business at any time. All occupants must wear safety restraints while operating or riding in your personal vehicle while on company business. The driver is responsible for enforcing use of safety restraints by all occupants. Individuals are prohibited from using a personal vehicle on company business at any time while under the influence of alcohol or any illegal substance. Firearms and illegal substances are not permitted in personal vehicles while they are being used for company business. Individuals are prohibited from the transportation of hitchhikers, strangers or patients and their family members. Individuals are encouraged to use their cell phones only when the vehicle is legally parked. The use of cell phones while driving is strongly discouraged in order to practice good defensive driving skills. Notwithstanding the foregoing, compliance with state and local cell phone laws applicable in your area of travel is required. Texting while driving is expressly prohibited. Beware when entering an intersection. Always count to two before entering an intersection from a stop sign or a stoplight. Using a Personal Car on KCT Company Business Policy Page 3

4 Signal entry onto freeways and stay in the center or inside lane for ease of emergency maneuvering. Do not insist on the right-of-way; assume the other driver will. Remember that bridges can be slippery and freeze before roads do. Use your turn signals for lane changes, and all turns in shopping and office center parking lots. Always keep a full level of windshield washer solvent. If your windshield wipers are on, then it is best to turn your headlights on as well. If you are wondering whether or not to turn on your headlights, it is time to turn them on. Using a Personal Car on KCT Company Business Policy Page 4

5 KidsCare Therapy Pool Car Policy The purpose of this policy is to help keep our valued employees safe while driving a KidsCare Therapy (KCT) Pool Car during the course and scope of your employment with us. Through this policy, KCT will identify persons with poor driving records by obtaining Motor Vehicle Records (MVRs) covering the previous three (3) years. This will be completed for all employees at least annually and prior to employment for all new applicants. All employees with poor driving records may be subject to driving restrictions and corrective action plans based upon established criteria. All employees and applicants will be required to complete a KCT Candidate Release Authorization form. These records and MVR s will be retained in the employee s personnel file. DRIVER INELIGIBILITY FOR KCT POOL CARS ON COMPANY BUSINESS: 1. Drivers under the age of Drivers not holding a valid US or Canadian driver s license 3. Drivers with less than 1 year US driving experience 4. One or more major violations within the last 5 years 5. More than 3 moving violations, and/or at fault, preventable, or chargeable accidents within the previous 3 years Major Violations - Convictions for the following offenses: Driving while intoxicated or under the influence of any intoxicating drug or liquor (DUI, DWI), including prescription drugs Disregarding or evading a police officer Driving with a suspended or revoked license due to driving record Driving on the wrong side of the road Failure to comply with implied consent law Felony involving a major motor vehicle Hit and run, eluding, or leaving the scene of an accident Homicide or vehicular assault Illegal passing resulting in an accident Manslaughter with or without gross negligence Possession of a controlled substance Reckless or careless driving, drag racing or speed contest Speeding over 30 miles over the posted speed limit Filing a false report Refusal to submit to a Blood Alcohol Content (BAC Test) Three or more Company Vehicle physical damage claims in a twelve month period ** Note: The above list of major violations is not all inclusive and may include other offenses. Any employee who incurs a major violation while driving a car regardless of whether it is for business or personal use, must report that violation to their direct supervisor or Human Resources within two business days of the incident. Failure to report a major violation while driving a car other than a KCT pool car will result in disciplinary action, up to and including termination.

6 PARKING AND MOVING VIOLATIONS As the driver of a KCT pool vehicle, you are responsible for any and all tickets including but not limited to parking and moving violations, irrespective of whether you were in the scope of employment or using the vehicle for personal purposes. If you receive a ticket, you must promptly notify your supervisor and Erik Baker (ebaker@kidscaretherapy.com) within 48 hours. This responsibility includes the timely payment of all parking and moving violations associated with your vehicle. If KCT is notified and required to pay for a violation associated with your company vehicle, you will be required to reimburse KCT for all costs associated with such violations (including any penalties). Checks should be made payable to KCT and sent to the Company at the following address: 9330 LBJ Freeway, Suite 790, Dallas, TX Checks should be submitted within 10 days after notification that payment is due. Failure to notify KCT of a ticket or pay KCT within the allotted time will result in a deduction from your pay and may result in disciplinary action up to and including termination of employment. HIGH RISK DRIVERS Although KCT will conduct a DMV motor vehicle record check on all employees prior to their employment with KCT, it is important to note that KCT will also conduct a DMV motor vehicle record check at least annually for all employees. If (i) you are driving a KCT pool vehicle pursuant to this Policy, and (ii) you receive a DUI/DWI (or any other analogue of such) while an employee of KCT, it is grounds for immediate termination of employment. KCT will check all employees DMV motor vehicle records at least annually to identify any unsafe driving incidents or other unacceptable practices. Driving records for employees that are determined ineligible will result in a referral to your manager and the Human Resources department for appropriate action. Some of the actions that may be considered include: Training through a local law enforcement agency, private agency, or the National Safety Council o Any fees/expenses associated with safety training courses will be at the expense of the employee. Disciplinary action up to and including termination of employment In addition, to help protect our valued employees and to continue to be good members of the communities we serve, KCT will take very seriously public complaints of poor driving behaviors. Anyone receiving 5 or more complaints of poor driving behaviors within the last 3 years will be subject to disciplinary action, up to and including termination. KidsCare Therapy Pool Car Policy Page 2

7 ACCIDENTS AND SAFETY HOW TO REPORT AN ACCIDENT WHEN DRIVING A KCT POOL VEHICLE: In the event that you are in an accident, please follow the instructions below: 1. When an accident involves another vehicle, obtain the following: Drivers name Address Telephone number Name of Insurance Company Vehicle registration number Vehicle license plate number If possible, obtain the name, address, and telephone number of any witnesses, including name, badge number, and address of any investigating police agencies. Please note if there are any injuries reported by anyone involved in the accident. 2. If police are called to the scene, obtain the Police Report number that will be issued at the accident site. 3. Contact Enterprise immediately to report the claim at x2. As soon as possible after the accident occurs, provide telephone notification to your immediate supervisor or Human Resources. 4. Next, contact Erik Baker to report the incident, the extent of property/vehicle damage and/or serious bodily injury. 5. It is your responsibility to notify any state/or local agency (police, etc.) of the accident and file the appropriate written report. 6. If an adjuster or any other representative from the other driver s insurance company contacts you for a statement, either written or verbal, refer that person to Erik Baker. 7. To protect your own interest, please follow the above instructions carefully. AT-FAULT ACCIDENT FEE If you are involved in an accident that is deemed to be your fault (as designated by a police report, insurance statement, etc.), you will be required to pay KCT an At Fault Accident Fee according the following schedule: First At-Fault Accident: Lesser of actual charges or $500. Second and each subsequent At-Fault Accident: Lesser of actual charges or $ Payment to KCT is due no later than 6 weeks following the date of the accident. Checks should be made out to KidsCare Therapy and sent to the attention of Erik Baker at 9330 LBJ Freeway Suite 790, Dallas, TX If you need financial assistance, payment plans can be structured as a deduction from your pay to be made over time. Failure to make payments or arrangement for a payment structure will result in a deduction from your pay and may result in disciplinary action, up to and including termination of employment. KidsCare Therapy Pool Car Policy Page 3

8 SAFETY GUIDELINES You should consider all safety-related issues related to the KCT Pool Vehicle including, but not limited to, the following: You are to comply with ALL motor vehicle traffic laws while operating a pool vehicle at any time. All occupants must wear safety restraints while operating or riding in a KCT pool vehicle. The driver is responsible for enforcing use of safety restraints by all occupants. No smoking is allowed in KCT pool vehicles. Individuals are prohibited from operating any a KCT pool vehicle at any time while under the influence of alcohol or any illegal substance. Firearms and illegal substances are not permitted in pool vehicles. Individuals are prohibited from the transportation of hitchhikers, strangers or patients and their family members. Individuals are encouraged to use their cell phones only when the vehicle is legally parked. The use of cell phones while driving is strongly discouraged in order to practice good defensive driving skills. Notwithstanding the foregoing, compliance with state and local cell phone laws applicable in your area of travel is required. Texting while driving is expressly prohibited. Beware when entering an intersection. Always count to two before entering an intersection from a stop sign or a stoplight. Signal entry onto freeways and stay in the center or inside lane for ease of emergency maneuvering. Do not insist on the right-of-way; assume the other driver will. The use of an ipod or similar device while operating a vehicle is prohibited. Remember that bridges are slippery and freeze before roads do. Use your turn signals for lane changes and all turns in shopping and office center parking lots. Always keep a full level of windshield washer solvent. If you have your windshield wipers on, it is best to turn your headlights on as well. KidsCare Therapy Pool Car Policy Page 4

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