TITLE 1 GENERAL GOVERNMENT ADMINISTRATION
CHAPTER 5 PUBLIC PROPERTY MANAGEMENT
PART 3 ADMINISTRATION AND USE
OF STATE VEHICLES
1.5.3.1 ISSUING AGENCY: General
Services Department.
[1.5.3.1 NMAC - Rp, 1.5.3.1
NMAC, 7-30-2015]
1.5.3.2 SCOPE:
A. This rule applies to all public agencies that use state vehicles.
B. This
rule also applies to the legislative and judicial branches, public schools,
institutions of higher education, and all other public related institutions, to
the extent that they lease motor pool vehicles from the state central fleet
authority (SCFA).
[1.5.3.2 NMAC - Rp, 1.5.3.2
NMAC, 7-30-2015]
1.5.3.3 STATUTORY AUTHORITY: Sections 15-8-6 and 15-8-10 NMSA 1978.
[1.5.3.3 NMAC - Rp, 1.5.3.3
NMAC, 07-30-2015]
1.5.3.4 DURATION: Permanent.
[1.5.3.4 NMAC - Rp, 1.5.3.4
NMAC, 7-30-2015]
1.5.3.5 EFFECTIVE
DATE: July 30, 2015, unless a later date is cited at the end of a section.
[1.5.3.5 NMAC - Rp, 1.5.3.5
NMAC, 7-30-2015]
1.5.3.6 OBJECTIVE: The
purpose of this rule is to implement the Transportation Services Act, Chapter
15, Article 8 NMSA 1978, by establishing standards and procedures for the
administration and use of state vehicles by state agencies or any entity that
leases vehicles from state central fleet authority SCFA.
[1.5.3.6 NMAC - Rp, 1.5.3.6
NMAC, 7-30-2015]
1.5.3.7 DEFINITIONS: In
addition to the definitions in Section 15-8-3 NMSA 1978, as used in this rule:
A. account
manager means a TSD employee designated to prepare, manage and enforce
short-term and long-term transportation services division/state central fleet authortity TSD/SCFA vehicle leases; serve as liaison for
designated state agency authorized drivers and TSD/SCFA maintenance personnel;
prepare monthly billings and utilization reports, using data gathered from
various systems including a global positioning system GPS;
B. agency approved authority means the cabinet secretary of a state
department or the agency director who is responsible for the agency;
C. agency
fleet coordinator means
the individual assigned by an agency head or designee who is responsible for
providing fleet management information and reports to TSD;
D. alert
means a notice given when specific parameters/barriers that are defined by either
the agency or TSD are compromised thereby informing the using agency, or TSD,
of the occurrence;
E. alternative fuel means a fuel other
than an unleaded gasoline such as E-85, a blend of ethanol and unleaded
gasoline; bio-diesel; electricity; compressed natural gas; propane; hydrogen; or
other fuels.;
F. authorized driver means:
(1) a
state employee holding a valid New Mexico driver’s license or an approved out-of-state
driver’s license and a TSD approved defensive driving certificate who is
permitted to use a state vehicle in furtherance of official state business; a
valid New Mexico driver’s license or an approved out-of-state driver’s license but
does not include provisional,
limited, restricted or administrative permits;
(2) for those candidates for full-time, term or temporary
employment with the state of New Mexico that live out-of-state, the following
process is required and;
(3) once gainfully employed by the state, the out-of-state
employee must provide a copy of his driving record to TSD on a semi-annual
basis to assure the drivers’ license is in good standing;
G. authorized
passenger means an individual who is permitted to occupy a state
vehicle in furtherance of official state business or a person who has received
prior authorization from the director or designee to occupy a state vehicle, or
where the transport is a part of the daily operations of the department;
H. authorized
use means travel in a state vehicle for official state business only as
delegated by appropriate agency representative(s);
I. CAFE standards mean the national
highway traffic safety administration corporate average fuel economy standards
for passenger vehicles and light trucks;
J. commute means domicile-to-duty privilege authorized
by the leasing agency’s cabinet secretary or agency head to state authorized
drivers where it is in the state’s best interest to allow these employees to
use a state vehicle to and from work and residence; (refer to 1.5.3.20 NMAC);
K. custody
(of a state vehicle) means the director’s or designee’s right to exercise
final decision-making authority with respect to the purchase, title and
registration, use, administration, operation, maintenance, replacement, and
disposal of a state vehicle in accordance with state law and regulations;
L. declared gross vehicle weight
or DGVW means the maximum
weight of a vehicle; the DGVW is used to differentiate between light, medium or
heavy duty vehicle utilization;
M. department
means the general services department;
N. director
means the director of the transportation services division of the general
services department;
O. DGF
means the department of game and fish;
P. division means the transportation
services division of the general services department;
Q. DHSEM means the department of homeland
security and emergency management;
R. DOT means the department of
transportation;
S. DPS means the department of public safety;
T. EMNRD
means the energy minerals and natural resources department;
U. flex
fuel vehicle means a
vehicle that has the capacity of burning a regular unleaded gasoline and an
alternative fuel;
V. Global
Positioning System or GPS means a system that is installed on vehicles that
is used to track specific data on the vehicle;
W. GSD means the general services department;
X. G-series
license plate means a distinctive government license plate issued by the
taxation and revenue department for vehicles of institutions of higher
learning, public schools and all other subdivisions of government (cities,
counties, villages, conservancy, wastewater, landfill districts, etc.), does
not include any state level agency state vehicles of the executive, legislative
or judicial branches that will display G-series license plates until replaced
by SG license plates through attrition; Subsection NN of 1.5.3 NMAC.
Y. inclement weather means road conditions are unsafe for
travel; inclement
weather includes but is not limited to: icy or snow packed road conditions,
dust storms, or flooding;
(1) TSD
will follow state personnel rulings on inclement weather for state business closures
and delays;
(2) TSD
reserves the right to prohibit the use of state vehicles during inclement
weather.
Z. NSC means the national safety council;
AA. National
safety council/defensive driving class (NSC/DDC) instructor is someone who
has completed the NSC/DDC through NSC and has a current DDC instructor
certification;
BB. New
Mexico driver's license
means a valid driver's license issued by the motor vehicle division of the NM
taxation and revenue department; this does not include provisional, limited,
restricted, or any court-ordered restricted or administrative license or
permit; while an “H” restriction may allow an individual to operate their
privately owned vehicle (POV) to and from employment; TSD will not authorize an
individual to operate a state vehicle with anything other than a valid drivers’
license with no limitations or restrictions;
CC. new
state employee means a person employed by a New Mexico state government
agency for the first time or who is returning to state government after having
had a break in service.
DD. protective license plate means a regular passenger license plate
issued to a state vehicle that is in the custody of a state agency, can be
traced to that state agency and is being used for sensitive activities;
EE. public
agency means an agency
other than a state agency as defined in Subsection JJ of 1.5.3 NMAC authorized
to use SCFA vehicles; this does include institutions of higher learning and
public schools;
FF. RMD means the risk management division of the general
services department;
GG. SCFA means the state central fleet authority of the
transportation services division of the general services department;
HH. secretary
means the cabinet secretary of the New Mexico general services department;
II. sensitive
activity means an activity performed by an employee of the state that;
(1) is authorized by the state to be performed for a legitimate
and appropriate purpose for the state, other than a legitimate undercover law
enforcement purpose; and
(2) would
place the employee at a higher risk of personal injury if knowledge of the
activity were made public, as determined in writing by an appropriate authority
of the employee;
JJ. special-use
vehicles means state
vehicles designated as such by the director or designee, including but not
limited to emergency and law enforcement vehicles, buses, tractors, boats,
trailers, snow cats, vehicles of a special design or construction that
effectively limits their use for a particular purpose, and all other vehicles
that are not passenger vehicles;
KK. state agency
means a state department, agency, board or commission, including the
legislative and judicial branches, this definition includes any public agency
authorizing an officer or employee use of a state vehicle;
LL. state
employee means any person who has been elected to, appointed to, or hired
for any state office and who receives compensation in the form of salary or is
eligible for per diem and mileage reimbursement;
MM. state vehicle means an automobile, van, sport-utility truck,
pickup truck or other vehicle with a declared gross vehicle weight of less than
ten thousand (10,000) pounds used by a state agency to transport passengers or
property;
NN. SG-series license plate means an SG license plate designed for the
specific use of agencies of the executive, legislative and judicial branches of
state government for vehicles marked as required by Section 15-8-6 NMSA 1978:
this does not include institutions
of higher learning, public schools or any other political subdivision of government;
OO. transportation services division or TSD means
the transportation services division of the general services department;
PP. TSD
approved NSD/DDC instructor means an NSC/DDC instructor with a current
instructor certification who has been audited and approved by TSD to conduct
training for employees who have had their driving privileges suspended;
QQ. TSD online NSC/DDC means an online
course offered by TSD. This class is presented in two (2) distinct parts, part
one (1) covers the administrative use of state vehicle policy, and part two (2)
is the direct presentation from the national safety council; and
RR. undercover
license plate means a regular passenger license plate issued to a state
vehicle which is registered in a fictitious name and address that cannot be
traced to the state agency having custody of the vehicle and that is being used
for legitimate law enforcement purposes only.
[1.5.3.7 NMAC - Rp, 1.5.3.7
NMAC, 7-30-2015]
1.5.3.8 STATE VEHICLE PROCUREMENT
PROCESSES AND VEHICLE STANDARDS: In accordance with the governor’s executive
orders 05-049, “requiring the increased use of renewable fuels in New Mexico state
government”, and 06-069 “New Mexico climate change action”, this section
establishes the standards by which all state and public agencies shall procure
state vehicles with a declared weight up to ten thousand (10,000) pounds.
A. State
agency vehicle requests, application form required requests for exemption to
executive orders. By the 15th of April of each calendar year,
state agencies shall prepare a SCFA application for purchase, lease and
disposal of state vehicles. The state
agency in conjunction with GSD shall assure that all requests meet the
governor’s executive order directives including assuring the highest fuel
economy for the intended use, meeting or exceeding the most current CAFE
standards and compliance with the Alternative Fuels Acquisition Act. Any requests for exemption from the
governor’s executive orders shall be submitted along with clear justification
for the requested exemption and the aforementioned form for the director’s or
designee’s review. If the exemption is
timely and approved, the agency shall be notified with time to submit the
request to the specification developers.
The specification development time-line shall not be expanded due to the
state agency’s failure to comply with this rule.
B. State
procurement cycles - time lines. State agency vehicles shall be procured based
on specifications consistent with executive order 05-049 and prepared by the
department in conjunction with DOT, DPS, DGF, DHSEM and EMNRD during the months
of June, July and August of each year.
The development of the specifications is to prepare for the bid
advertisement, pre-bid conference, bid opening and award for the purchase of
vehicles for each fiscal year. The order
of model year vehicles shall be consistent with the directions established in
each bid, with expectations that new model year vehicles will be delivered
prior to manufacturer’s build-out dates for each subsequent calendar year.
C. Vehicle
standards. The standards establish the minimum
requirements for the procurement of passenger vehicles for the executive,
legislative and judicial branches of the state of New Mexico. DOT, DPS, DGF, DHSEM, and EMNRD, vehicle
standards are developed and maintained by the respective agency. These standards are to be reviewed annually
and subject to change based on increased fuel efficiencies and reduction of greenhouse
gases. The standards are an
administrative attachment to this rule and must be reviewed, amended, published
and distributed by July 1 of each year.
[1.5.3.8 NMAC - Rp, 1.5.3.8
NMAC, 7-30-2015]
1.5.3.9 LEASE OF MOTOR POOL
VEHICLES:
A. A state
agency or public agency may lease a motor pool vehicle from the SCFA:
(1) through a “quik ride” or short-term
lease by the hour or day not exceeding six (6) consecutive months; or,
(2) through a long-term lease for a period exceeding six (6)
consecutive months; or,
(3) through a third-party commercial lease;
B. Rates. Rates for the lease of motor pool vehicles
are based on costs for the type of vehicle leased. The SCFA will provide current rates and
policies for the lease of motor pool vehicles upon request. There are three (3) types of SCFA long-term
leases:
(1) standard
lease is a long-term lease of a TSD owned vehicle which includes overhead,
maintenance and depreciation costs, less residual; divided by the life-cycle
term;
(2) operational
lease is a long-term lease of a TSD owned vehicle which includes overhead and
maintenance costs; or,
(3) third-party commercial lease is a
long-term lease of a TSD leased vehicle which includes overhead, maintenance
and third-party financing costs; third party leased vehicles may be subject to
excessive mileage costs.
C. Terms.
(1) Standard leases
depend on the leasing agency’s operational requirements and budget
availability. Life-cycles for standard
leases are to be five (5) years.
(2) Operational
leases shall consist of leases for vehicles that have exceeded the standard
lease life-cycles or have been procured by the user agency that has chosen not
to pay the depreciation cost.
(3) Third
party commercial leases are determined by a state price agreement, typically
three (3) years and sixty thousand (60,000) miles. These leases are subject to mileage over-runs
and excessive wear and tear costs that are passed on to the customer.
D. Accounts receivable. The
SCFA requires the leasing state agency to maintain its accounts receivable
current - thirty (30) days or less. The
SCFA shall assess a one and one-half percent (1.5%) per month late payment
penalty fee on accounts over thirty (30) days past due. The SCFA may take action to cancel any lease
agreement(s) and recover the vehicle(s) if the lessee is delinquent over one
hundred twenty (120) days in making payment.
For short-term leasing, SCFA will charge for one (1) day use for
reservations that are not canceled.
E. Encumbrance. The SCFA requires the leasing state agency to
encumber the entire fiscal year cost of the lease at the time the lease is
signed at the beginning of each fiscal year.
The leasing agency may disencumber funds only after a written request to
the director or designee is approved.
The director or designee will act on requests to disencumber funds
within ten (10) working days of the date of the receipt of the leasing agency’s
request.
F. Operating
transfer. To expedite the payment of lease costs to the
SCFA, the user agency may choose to pay the annual cost of vehicles leased
through an operating transfer within the first forty-five (45)-days of each
fiscal year.
G. Termination.
Either the division or a state agency may terminate the lease of a state
vehicle as per the terms and conditions included in the standing lease
agreement.
[1.5.3.9 NMAC - Rp, 1.5.3.9
NMAC, 7-30-2015]
1.5.3.10 STATE MOTOR VEHICLE LICENSE
PLATES: At the beginning of each fiscal year, the
director or designee shall determine which type of license plate shall be
issued for each state vehicle. This
relates to the state of New Mexico government plate, protective license plate
or undercover plate.
A. A
state agency may submit a written request for an undercover license plate for
any SCFA state vehicle it uses for legitimate undercover law enforcement
purposes. The state agency must annually
justify the need for an undercover license and must provide statutory authority
to that effect.
B. A
state agency may submit a written request for a protective license plate for
any state vehicle it uses for a sensitive activity. The request must be signed
off by the cabinet secretary or agency head attesting that this position is
authorized to perform a legitimate and appropriate activity which is sensitive
in nature and this activity would place the employee at a higher risk of
personal injury if knowledge of the activity was made public. At the beginning of each fiscal year, the
state agency must justify the need for a protective license plate and must
provide statutory authority regarding the type of work requiring something
other than a state government license plate.
Based on the justification, the director or designee may authorize the protective
license plate.
C. The director
or designee shall issue a state of New Mexico government license plate with
permanent decals for all other state agency vehicles.
(1) All
vehicles must display the state seal and an identifying decal describing the
user agency, i.e. state of New Mexico motor pool, or the appropriate acronym
identifying the user agency.
(2) All
state vehicles must display the 1-800-627-6639 vehicle abuse program bumper
sticker.
(3) All
state vehicles must display the #DWI bumper sticker.
(4) User
agencies will be billed the cost of replacement of authorized official decals
or stickers.
(5) User
agencies may use their own non-permanent decals upon acquiring director’s or designee’s written authorization. Cost for these decals will be the
responsibility of the user agency.
(6) Deviation
from the SCFA official decals and stickers must receive written prior
authorization from the director or designee.
[1.5.3.10 NMAC - Rp, 1.5.3.10
NMAC, 7-30-2015]
1.5.3.11 REQUIRED DOCUMENTS IN STATE VEHICLES:
Each state agency shall ensure that current copies of the following
documents are kept in the glove compartment of all state vehicles in its
custody.
A. Auto Loss Form. These are
forms and instructions that are included in the packet provided by RMD on how
auto accidents in state vehicles are to be dealt with by the authorized driver.
B. Fuel credit cards. Each vehicle
will have detailed instructions and procedures for use of the fuel credit card
with a list of authorized purchases.
C. How-to brochure. Each vehicle will have a brochure that provides
the driver simple instructions regarding the use of the vehicle, telephone
numbers, emergency processes, and waivers.
D. RMD financial responsibility
document. These documents include
the state’s official proof of insurance and letter stating the state’s
responsibility to have proof of registration in a state vehicle.
E. Vehicle maintenance manual. This is the manual that is provided by the
manufacturer which includes the manufacturer's specifications. Additional maintenance requirements or
specifications may be required by the director or designee and provided to the
leasing agency in writing.
F. Vendor list.
This is a current list of SCFA authorized motor vehicle maintenance and
repair vendors throughout the state of New Mexico. The list is to be used for preventive
maintenance, emergency road service and repair.
G. Vehicle
registration. This is the official
proof of vehicle ownership/registration document issued by the state motor
vehicle division. This document shall
remain with the vehicle until ownership is transferred or the vehicle is sold
by SCFA.
H. Vehicle
mileage log. This log should have
the date, employee name, beginning and ending mileages, destination, purpose of
trip, type of fuel purchased, number of gallons purchased, total fuel cost,
other vehicle related purchases, and a place for a supervisor to make
verifications.
[1.5.3.11 NMAC - Rp, 1.5.3.11
NMAC, 7-30-2015]
1.5.3.12 AUTHORIZED DRIVERS AND
PASSENGERS:
A. Authorized drivers. The director or designee may authorize a
state employee who possesses a current valid New Mexico drivers’ license or
approved out-of-state license, and who has completed a TSD approved NSC defensive
driving course and orientation prescribed by the division to operate a state
motor vehicle. The state employee must
have the appropriate class of driver's license to drive any state vehicle that
is not a passenger vehicle. Upon request
each agency must provide a list of all authorized drivers.
B. Authorized passengers. Only authorized passengers may occupy a state
vehicle. A person who is not a state
employee must obtain written authorization from the director or designee before
occupying a state vehicle. Failure to
comply may result in suspension of driving privileges.
C. Suspension or revocation of
authorized drivers’ privileges. The director
or designee may suspend or revoke the authorized driver privileges of any state
employee who permits a person who is not an authorized driver to operate a
state vehicle or who transports, or permits the transportation of a person who
is not an authorized passenger. In
addition, such state employee may be held personally liable to the extent
permitted by law for any liability for personal injury, death or property
damage arising out of the unauthorized use or occupancy of the state vehicle.
D. Reinstatement of driving
privileges. An authorized driver whose
state driving privileges have been suspended or revoked must complete a NSC/DDC
six (6)-hour class instructed by a TSD approved instructor before receiving a
written driver privilege reinstatement authorization from the director or his
designee.
E. Exceptions. Nothing in this section shall be construed to
prohibit the use or occupancy of a state vehicle:
(1) to render
emergency aid or assistance to any person; or
(2) by private
sector automobile mechanics or maintenance and repair personnel performing
required maintenance or repairs.
[1.5.3.12 NMAC - Rp, 1.5.3.12
NMAC, 7-30-2015]
1.5.3.13 DEFENSIVE DRIVING COURSE:
A. Defensive
driving course. TSD will use the
on-site instructor taught course material including the TSD online national safety
council (NSC) defensive driving and safety curriculum (DDC). Agencies desiring to provide NSC/DDC training
independent of TSD must request authorization to provide NSC/DDC instruction
from the director or designee prior to commencing the utilization of any
NSC/DDC tools or materials. In addition,
the agencies must follow the curriculum approved by the director or designee
prior to commencing the utilization of the proposed training tools. It is the responsibility of the proposing
agency to incorporate all state of New Mexico TSD requirements into the
defensive driving curriculum. All
on-line courses are required to be reviewed and permission to utilize these
courses must be approved by TSD prior
to commencing use.
B. Course availability. TSD
shall offer regularly scheduled defensive driving classes in Santa Fe and
Albuquerque. This does not preclude TSD
from offering these classes at the requesting agency’s site. A state agency or state employee should
contact the division for information about scheduled classes, locations, costs,
registration, or scheduling of department trainings.
C. Instructor
certification. To receive a
certificate as a NSC/DDC Instructor, it is necessary to submit the written
request to the director or designee for review and approval. This applies to employees who may have
received a NSC/DDC instructor certification while under the employment of
another governmental agency. All
prospective instructors may attend the TSD instructed NSC/DDC - six (6) and four
(4) hour classes; and, are required to teach one TSD six (6) hour course and
one (1) TSD four (4) hour course under TSD supervision prior to receiving
consideration of approval to teach.
Instructors in good standing must complete the TSD certification process
every two (2) years. TSD may choose to
conduct instructor/class audits.
D. Driver certification required. All
defensive driving certificates are valid for four (4) years. All authorized drivers of state vehicles must
have a current TSD approved NSC defensive driving certificate in their
possession while driving a state vehicle.
TSD requires employees who seek to operate a state vehicle to provide
proof of current certification. New
employees must successfully take and pass the six (6) hour TSD prescribed NSC defensive
driving class with a grade of eighty percent (80%) or better to become an
authorized driver. If the new employee
provides proof of NSC/DDC certification within two (2) years previous to the
date of employment, at the discretion of the director or designee, the employee
may only have to take the four (4) hour NSC/DDC, or the administrative use of state
vehicles online certification course.
(1) If
a state employee needs to operate a state vehicle in furtherance of state
business but has not successfully completed the NSC defensive driving course,
the state employee must register for the next available NSC defensive driving
course, or the TSD online NSC/DDC. The
employee’s agency head or designee must submit a written request for a temporary
waiver not to exceed thirty (30) days of the certification requirement from the
director or designee. The waiver request
shall include the state employee’s name and New Mexico driver’s license or an
approved out-of-state driver’s license number (accompanied by a valid out-of-state
driving record), and the date the state employee is scheduled to attend the NSC
defensive driving course. If approved,
the director or designee will specify the term of the waiver. If the request is denied, the director or
designee will specify in writing the reason for the denial within ten (10)
working days of the date the waiver request is received by the division. Driver waivers cannot be renewed.
(2) If
the state employee’s certification has expired, the employee shall be required
to successfully complete a six (6)-hour NSC/DDC certification class taught by an
instructor or complete the TSD online NSC/DDC.
E. Driver re-certification. Each
state employee is required to take the defensive driving refresher course every
four (4) years.
(1) An
employee may take the four (4) hour refresher course provided by TSD; however,
the employee must provide proof of previous NSC/DDC certification.
(2) Failure
to provide proof of previous NSC/DDC will require the employee to register to
take the six (6) hour NSC/DDC course or the TSD online NSC/DDC.
F. List of certified state employees. The agency vehicle coordinator shall maintain
a list of certified state employees employed by the agency, including a current
copy of the employee’s valid NM drivers’ license.
G. User
agency requirements.
(1) The
user agency is responsible for checking authorized drivers’ licenses to assure
compliance with motor vehicle division laws.
(2) TSD
will provide a template of the TSD database to the instructor.
(3) The
maintenance and listing of authorized drivers.
(4) Maintenance
and listing of suspended driving privileges including drivers’ license
revocations, suspensions and driving under the influence (DUI).
(5) The
agency is subject to TSD audits of state agency authorized driver records.
(6) Certificates
must be printed and have an original instructor signature.
H. Lost certificates. If
a state employee loses his or her defensive driving certificate, the TSD will
issue a replacement certificate at a cost per certificate. If the state employee cannot provide proof of
taking a TSD authorized defensive driving certification course, the employee
must register for a six (6) hour NSC defensive driving course or the TSD online
NSC/DDC.
[1.5.3.13 NMAC - Rp, 1.5.3.13
NMAC, 7-30-2015]
1.5.3.14 TRAFFIC LAWS AND OPERATOR
CONDUCT:
A. Authorized drivers shall obey all
applicable traffic laws while operating a state vehicle.
B. Authorized drivers must exercise
appropriate caution and prudence while operating a state vehicle.
C. Authorized drivers shall not
engage in discourteous behavior or inappropriate conduct while operating a
state vehicle.
D. Authorized drivers shall not use
state vehicles for inappropriate or illegal activities including personal use;
and shall have no reasonable expectation of privacy in the use of any state
vehicle.
E. Authorized drivers on official
travel, who exceed their post of duty by thirty-five (35) miles, may utilize
the state vehicle to take care of personal business such as visiting eating
establishments, grocery stores, etc.
F. Authorized drivers shall only
utilize a cell phone with a hands free device while operating a state vehicle.
G. At
no time will the authorized driver be allowed to text or type on any other
device(s) such as a smartphone and laptop computer while driving. At no time is reading from any electronic
device or paper source permissible while operating a state vehicle.
H. Authorized
drivers shall minimize distractions while operating state vehicles. These distractions include but are not
limited to eating and playing with the radio/cd player.
I. Authorized drivers shall operate
state vehicles at or below posted speed limits.
J. An
authorized driver who receives a traffic citation or parking ticket while using
a state vehicle must notify TSD. If TSD
receives a state employee’s traffic citation or parking ticket involving a SCFA
motor vehicle, the director or designee will forward it to the state agency
leasing the state motor vehicle to assure the employee promptly clears the
citation/ticket.
(1) The
driver shall be personally responsible for any costs (cost of ticket, late
fees, court fees or administrative fees) associated with the citation or ticket,
(2) The
driver is also required to retake and pass a six (6)-hour TSD approved
instructor NSC/DDC certification class before operating a state vehicle. An agency may deem that the employee is
responsible for paying for additional classes.
(3) If
the driver of the vehicle cannot be identified, the agency shall be held
responsible for any costs associated with the citation or ticket.
K. Authorized
drivers involved in a traffic accident while operating a state vehicle who are
found at fault will have their driving privileges suspended or revoked and are required
to immediately register for a six (6) hour TSD approved instructor NSC/DDC
certification class.
L. State
employees shall carpool to meetings, conferences whenever feasible.
M. Supervisors will ensure that their
employees are fit for duty when operating a state vehicle. This includes ensuring that the employee is
not fatigued.
[1.5.3.14 NMAC - Rp, 1.5.3.14
NMAC, 7-30-2015]
1.5.3.15 SUSPENSION OF STATE VEHICLE
OPERATOR PRIVILEGES:
A. The director or designee shall
automatically suspend a state employee’s authorization to operate a state
vehicle if the state employee’s New Mexico driver’s license or an approved out-of-state
driver’s license is expired, revoked, or suspended. This extends to include disqualifications or
administrative actions on driver’s licenses.
An employee whose driving privileges have been suspended or revoked for
an expired driver’s license may register for the TSD/NSC online Defensive
Driving Class (DDC).
B. An
authorized driver that receives a citation and is convicted while operating a
state vehicle will have their privileges suspended until proof of the ticket
being paid is submitted to TSD and a NSC six (6) hour defensive driving class taught
by a TSD approved instructor has been taken and passed or successfully
completed. Suspensions extend to
utilizing personal vehicles to conduct state business.
C. A
state agency shall report each suspension or revocation to the director or
designee. The director or designee will provide the agency head with names of
any state employee’s employed by the requesting state agency whose state vehicle
operator privileges have been suspended or revoked.
D. To
determine that state authorized drivers have a valid driver’s license, the
director or designee will at random review the driving record of state
authorized drivers. The director or designee will review the status of the
driving record of any state authorized driver upon receipt of any request for
waiver, constituent complaint, registration for DDC, traffic citation, parking
ticket, accident, police report or vehicle abuse.
E. An
authorized driver that has his/her driving privileges suspended or revoked must
successfully complete a six (6) hour TSD approved instructor NSC/DDC class
before the director or designee will consider authorizing the reinstatement of
those privileges.
F. The
director or designee shall review all complaints of alleged fraud, waste, and
abuse involving state vehicles, and shall forward them to the state agency
fleet coordinator and to the appropriate state agency management team.
(1) If
three (3) vehicle abuse allegations are received within a fiscal year for the
same allegation, the authorized driver will have his/her driving privileges
temporarily suspended and will be required to retake a TSD approved instructor six
(6) hour NSC/DDC class. The agency will
then provide a copy of the retaken DDC to TSD.
(2) Failure
to comply or respond to final notice of abuse allegations will result in
vehicle lease termination.
G. Any
agency may require the employee to pay for a DDC class necessary to reinstate
their driving privileges.
H. The
director or designee or the state agency may suspend or revoke driving
privileges of an authorized driver for failure to comply with any provision of
this rule.
[1.5.3.15 NMAC - Rp, 1.5.3.15
NMAC, 7-30-2015]
1.5.3.16 ALCOHOL, CONTROLLED SUBSTANCE,
DRUG, AND TOBACCO USE PROHIBITED REPORTING REQUIREMENTS:
A. No authorized driver shall
operate a state vehicle while under the influence of intoxicating alcohol,
controlled substances, or drugs. Nor
shall an authorized driver transport an individual who has consumed alcohol,
controlled substances, or drugs. State
law enforcement officers investigating criminal activities as part of their
duties can transport individuals who have consumed alcohol, controlled
substances, or drugs.
B. No authorized driver shall
transport intoxicating alcohol of any type, whether in open or unopened
containers, while operating or occupying a state vehicle, unless the person is
an employee of the state alcohol and gaming division of the regulation and
licensing department or a state law enforcement officer investigating criminal
activities as part of their duties.
C. No authorized driver shall
operate a state vehicle when he or she is so impaired by a legal drug that
renders him or her incapable of operating a motor vehicle in a safe and
responsible manner.
D. No authorized driver or
passenger shall smoke or use smokeless tobacco products of any type in any
state vehicle.
E. The
driving privileges of an authorized driver that is convicted of a DUI citation
while operating a state vehicle are immediately and permanently revoked. Reinstatement of the driving privileges may
be requested in writing by the head of the state agency in which the employee
works. The director or designee will
review the request and provide the state agency a written determination as to
the employee’s state vehicle driving privileges within ten (10) working days of
the receipt of the request by the division.
F. It is the sole responsibility of the state
employee to report all current convictions of driving while intoxicated to
their immediate supervisor and the director.
Failure to comply with this section shall cause immediate revocation of
their driving privileges of state vehicles.
It is the director’s responsibility to report DUI convictions to the
state employee’s immediate supervisor and cabinet secretary or agency
head. Disciplinary actions are the
responsibility of the state agency.
G. The
state authorized driver privileges shall be suspended while the employee goes
through the DUI court and administrative process. If convicted, the authorized driver’s state
vehicle driving privileges shall be revoked.
If not convicted, the state agency shall notify the director or designee
in writing requesting that driving privileges be reinstated along with evidence
of the dismissal of charges. The director
or designee will review the request and provide the state agency a written
determination as to the employee’s state vehicle driving privileges within ten
working days of receipt of the request for reinstatement by the division.
H. Revocation
of state vehicle driving privileges for a DUI conviction extends to the
utilization of the employee’s personal vehicle if it is to be used to conduct state
business.
[1.5.3.16 NMAC - Rp, 1.5.3.16
NMAC, 7-30-2015]
1.5.3.17 WEAPONS AND PETS PROHIBITED:
A. No authorized driver or passenger shall possess a
weapon while operating a state motor vehicle unless the authorized driver or
passenger is a certified law enforcement officer. This includes individuals with concealed
weapons licenses.
B. No pets allowed at any time in
state vehicles. Upon written request,
the director or designee may authorize canine patrols or transportation of
other animals including assistance dogs.
The director or designee will review the request and provide the state
agency a written determination within ten (10) working days of receipt by the
division.
[1.5.3.17 NMAC - Rp,
1.5.3.17 NMAC, 7-30-2015]
1.5.3.18 SEAT BELT USE:
A. All authorized drivers and
passengers of state vehicles shall wear seat belts.
B. All authorized drivers shall
observe child safety and restraint laws at all times when transporting a minor
in a state vehicle in furtherance of official state business.
C. Violation of this law may result
in loss of state authorized driver privileges.
[1.5.3.18 NMAC - Rp, 1.5.3.18
NMAC, 07-30-2015]
1.5.3.19 USE OF FUEL CREDIT CARDS:
A. All state agencies and
authorized drivers are required to use the GSD/TSD contracted fuel credit card
for authorized purchases.
B. The state agency shall assign a
single fuel credit card to each vehicle using the state issued license plate
number or a unique fixed asset number that is tied back to the vehicle that the
card is assigned to.
(1) Credit
card shall be kept with the assigned vehicle and not with the driver.
(2) Card
is stored in the protective sleeve and out of direct sunlight or other heat
sources.
(3) When
purchasing items enter exact current mileage (no tenths).
(4) If
a problem is encountered at the time of purchase, the driver should contact the
credit card company for help.
(5) Lost,
damaged, or stolen credit cards need to be reported to their agency fuel card
account manager within one (1) working day of the discovery. Card will be suspended and a new card ordered
at that time.
C. A
personal identification number (PIN) shall be assigned to each authorized
driver.
(1) Personal
identification number must be six (6) digits long and requested from the
gasoline account manager in your agency at least twenty-four (24) hours in
advance of anticipated use.
(2) Authorized
drivers shall not share the PIN with anyone else or let someone else use the
PIN.
(3) Agency
fuel account managers are responsible for terminating personal identification
numbers for employees who are no longer with the agency.
D. Whenever possible, authorized
drivers shall use self-service fuel pumps when refueling motor pool
vehicles. Every attempt shall be made to
fill the vehicle at the cheapest location, which is usually a tier II station
that sells unbranded fuel. Authorized
drivers are required to use alternative fuels when they are approved by the
manufacturer and when an alternative fuel vendor is located less than ten (10)
miles away at the time fueling is needed. All non-flex fuel gasoline operated vehicles
will use E-10 when a vendor is located less than ten (10) miles away at the
time fueling is needed.
E. Each
agency will evaluate fuel purchase exception reports provided by the fuel
credit card company on a monthly basis.
(1) Each
agency shall establish use requirements and parameters on their fleet. Such parameters will include multiple daily
transactions, number of gallons purchased at one (1) time, limit dollars per
transaction, off hour transactions, non-fuel transactions, and unauthorized
purchases (soda, candy, etc.).
(2) Transactions
that cannot be justified must be investigated with a formal report summarizing
the findings with recommendations. A
copy of the report will be sent to SCFA.
F. The fuel credit card may be used for
road-side service, or emergency service or repairs not to exceed two hundred
fifty dollars ($250) per occurrence.
G. If an authorized driver uses the
fuel credit card to purchase an unauthorized item or service, the state agency
shall collect the cost of the unauthorized purchase from the authorized driver
and an investigation will be conducted. Investigation
findings must be sent to SCFA for review.
The state agency or the director or designee may suspend or revoke the
state vehicle operator privileges of an authorized driver for misuse of a fuel
credit card.
H. A state agency or authorized driver
shall immediately notify the vendor contracted by GSD/TSD if the fuel credit
card for a motor pool vehicle is lost.
I. All
expenses charged to the contracted GSD/TSD fuel credit card shall be paid by
the user agency.
J. Under
no circumstance shall state fuel credit cards be used for personal vehicles,
even if using a personal vehicle to conduct state business.
K. Misuse
of state vehicle fuel credit cards will result in disciplinary actions. Disciplinary actions include, but are not
limited to, administrative, disciplinary, and may also include criminal action
by the state agency, the director, or designee, up to and including
termination.
[1.5.3.19 NMAC - Rp, 1.5.3.19
NMAC, 7-30-2015]
1.5.3.20 AUTHORIZATION TO COMMUTE:
A. No authorized driver or passenger
shall use a state vehicle for private use.
B. Commuting is defined as the
consistent use of a state vehicle from assigned post of duty to domicile and
from domicile to assigned post of duty, even if it is for short periods of
time, i.e. legislative session. Occasional
use is not considered commuting, i.e. taking the vehicle home the night before
an out-of-town trip.
C. A state agency must develop a
written policy that allows authorized drivers to use state vehicles to commute
between work and residence for security purposes or if doing so is in the best
interest of the state. Only the leasing
agency’s cabinet secretary of an executive department or the director of an
independent executive state agency (not part of an executive department but
still part of the executive) can approve the commuting policy and commuting of
individual authorized drivers.
D. All
agency cabinet secretaries or agency heads must acquire approval from the governor’s
office. Approvals must be forwarded to
SCFA.
E. Each state agency permitting
authorized drivers to utilize this domicile-to-duty privilege shall maintain
current records of and provide a current copy of the following to SCFA:
(1) all state authorized commuters/passengers by
name and position;
(2) the
number of total miles each state authorized driver, who commutes, drives
annually between work and residence using a state vehicle;
(3) the
number of times annually a state authorized driver who is given written
approval to use a state vehicle to commute between his assigned post of duty
and his primary residence and is called back when the state employee is
off-duty;
(4) review all authorizations to use a state vehicle
to commute at least once a year; and
(5) provide
an annual commuting report to SCFA that identifies by authorized commuter; the
vehicle state plate, total commuting mileage, number of call backs for ending
fiscal year; this report shall also identify drivers and state vehicle plates
authorized to commute for the following year; this report is due sixty (60)
days prior to each fiscal year.
F. State
vehicles are not to be used to transport employees to and from public
transportation drop off points.
G. Failure
to provide this report to SCFA will result in vehicle lease termination.
[1.5.3.20 NMAC - Rp, 1.5.3.20
NMAC, 7-30-2015]
1.5.3.21 STATE VEHICLE CARE AND
MAINTENANCE:
A. An authorized driver must turn
off the ignition, close all windows, and lock the doors and trunk of a state
vehicle whenever the state vehicle is left unattended.
B. State agencies and authorized
drivers are responsible for assuring that state vehicles in their custody are
parked in secure areas minimizing exposure to vandalism, damage, destruction,
wreckage, sabotage, defacement or harm.
If after multiple occurrences of vandalism, damage, destruction,
wreckage, sabotage, defacement or harm occur, the agency head shall, in writing,
request authorization from the director or designee for authorized drivers to
take state motor vehicles to their place of residence for security purposes
only. The authorization will be provided
only if the state agency head or designee can prove that:
(1) the state agency’s landlord does not provide a secure space
for state vehicles; or,
(2) the state agency cannot avail itself of other secure state
of New Mexico parking spaces; or,
(3) the state agency cannot acquire secure private sector
parking spaces.
C. If
the director or designee provides the approval, the state agency must comply
with the reporting and tracking requirements of 1.5.3.20 NMAC.
D. State
agencies must ensure that the subscribed manufacturer’s preventive maintenance
service is done on all leased state vehicles at regular mileage, or time
intervals, in accordance with the manufacturer’s specifications, or as
otherwise specified by the director or designee. For vehicles leased or owned by TSD, without
exception, the agency is required to use TSD approved vendors. If there are vendors that are not on the list
that are willing to provide repair or maintenance services the user agency must
refer them to the TSD procurement office for inclusion to the TSD authorized
vendor list. Under no circumstances will
it be permitted for the authorized driver to receive services from an
unauthorized vendor without a valid purchase order from TSD. Unauthorized expenses will be billed to the
user agency.
(1) The state agency is responsible for
ensuring that oil and oil filters on all leased state vehicles are changed in
accordance with the manufacturer’s specifications, TSD maintenance requirements,
and that all other preventive maintenance functions performed are in accordance
with the prescribed TSD service schedule, which is an attachment to the vehicle
lease.
(2) A state agency, may without the prior
approval of the director or designee, use the fuel credit card to perform minor
repairs of emergency equipment, such as changing windshield wipers, repairing a
damaged tire, replacing a fan belt, or adding a quart of oil, etc., in an
amount not to exceed two hundred fifty dollars ($250). If the emergency repairs will cost more than two
hundred fifty dollars ($250), it is the responsibility of the user agency to
notify the TSD procurement officer of the need to execute an “emergency
procurement” in accordance with the New Mexico Procurement Code, Chapter 13, Article 1 of the NMSA 1978.
E. State agencies are responsible
for the cleanliness of leased state vehicles inside and out. State agencies are also responsible for
checking the leased state vehicle's vital engine fluids and tire pressure at
each refueling. SCFA will not be
responsible for providing emergency road
side kits, first aid kits, ice scrapers, fire extinguishers for the vehicles
under its' control. State agencies are
responsible for providing any of these types of equipment for their vehicles.
F. No authorized driver or passenger shall
abuse or misuse a leased state vehicle.
The SCFA or a state agency head or designee may assess authorized
drivers and authorized passengers for the costs of loss of or damage to a
leased state vehicle if the loss or damage was caused by reckless driving or
driving while under the influence of intoxicating liquor, controlled substances
or drugs.
G. The SCFA will charge a state
agency for the cost of repairing a leased state vehicle damaged due to neglect
or abuse. The SCFA will charge the cost
of repairs to a state agency if the state agency neglects a leased state vehicle
or fails to inform the SCFA of possible damage or a maintenance problem. The director or designee may recall a leased
state vehicle or suspend or revoke the authorized driver privileges for damage
or improper care of a leased state vehicle.
H. State agencies may not
display any commercial advertising on a state vehicle at any time. A state agency may display the agency’s
toll-free telephone number on a state vehicle.
A state agency must be in compliance with the decals defined by Subsection
C of 1.5.3.10 NMAC with a New Mexico government license plate. The director or designee must approve, in
writing, any agency written requests for other bumper sticker, plaque or
signage prior to the state agency affixing it to a state vehicle. For flex fuel vehicles, a state agency must
display a sticker next to the gas port indicating the type of alternative fuel
the vehicle can accept.
I. No person shall alter, modify,
convert, or improve the original vehicle equipment of any state vehicle without
the prior written authorization of the director or designee.
J. All
TSD leased vehicles must be inspected by TSD at least once a year. Inspections will be held in various locations
throughout the state. TSD reserves the
right to conduct unannounced inspections of state vehicles.
[1.5.3.21 NMAC - Rp,
1.5.3.21 NMAC, 7-30-2015]
1.5.3.22 STATE VEHICLE RETURN:
A. The director or designee may
rotate state vehicles within an agency or between agencies if the director or
designee determines that a state agency is under or over utilizing an assigned
vehicle. The director or designee will
notify the state agency of such occurrences and recommend the rotation. The director or designee, in conjunction with
the state agency, will make the appropriate changes to the location of the
leased state vehicle.
B. Once
TSD has notified a state agency that a replacement vehicle is available to
exchange for a vehicle that has met or exceeded its life expectancy, or is no
longer road worthy, the agency has thirty (30) days to execute the exchange.
C. The SCFA will notify state
agencies if there is a manufacturer’s recall applicable to a leased state
vehicle. The state agency shall take the
leased state vehicle to the appropriate dealer for service or modification, and
shall, upon completion of the recall-related work, notify the SCFA.
D. The director or designee in
conjunction with the SCFA and the state agency shall determine when a state
vehicle needs to be replaced. Life
cycles are determined primarily from user requirements provided by the agency
fleet coordinator. A state agency must
return a leased state vehicle to the division upon receipt of a new or
different vehicle.
E. A state agency may return a
leased state vehicle in accordance with the terms of the lease agreement. In no case will an agency turn in a vehicle
that has not reached its life cycle while requesting additional units unless
the agency satisfies the remaining balance of the turned in vehicles
replacement cost.
F. A state agency shall not transfer;
receive control of, or custody of, a leased state vehicle to or from another
state agency without the prior written authorization of the director or
designee.
[1.5.3.22 NMAC - Rp, 1.5.3.22
NMAC, 7-30-2015]
1.5.3.23 EMERGENCY REPAIRS AND
MECHANICAL BREAKDOWN: An authorized driver shall immediately take
steps to correct any mechanical or operating problem that occurs while a TSD
leased state vehicle is in operation. An
authorized driver shall, in no case, continue to operate a state vehicle if
continued operation could endanger any person or property. Furthermore, the authorized driver is
responsible for immediately notifying the state agency fleet coordinator and
SCFA account manager of any unsafe vehicle condition. Failure to comply with the notification
portion of this section requires any costs to be billed to the user agency or
reimbursed to TSD.
[1.5.3.23 NMAC - Rp, 1.5.3.23
NMAC, 7-30-2015]
1.5.3.24 VEHICLE
UTILIZATION: The utilization standards establish the
minimum requirements for the use of passenger vehicles for the executive,
legislative and judicial branches of the state of New Mexico. TSD, DOT, EMNRD, DGF and DPS develop and
maintain vehicle utilization standards. These
utilization standards are to be reviewed annually and subject to change based
on increased fuel efficiencies (CAFE) and reduction of greenhouse gas emissions
benchmarks.
[1.5.3.24 NMAC - Rp, 1.5.3.24
NMAC, 7-30-2015]
1.5.3.25 UNDER-UTILIZATION
OF STATE VEHICLES: The director or designee may re-allocate
state vehicles that are being under-utilized.
A. The director or designee shall
analyze monthly leased state vehicle mileage statistics.
B. The director or designee may rotate
state vehicles within an agency or between agencies if it is determined that a
state agency is under or over utilizing an assigned vehicle. The director or designee will notify the
state agency of such occurrences and recommend the rotation. The director or designee in conjunction with
the state agency will make the appropriate changes to the location of the
leased state vehicle.
C. If the director or designee finds that a
leased state motor vehicle is accumulating low mileage, the director or
designee will notify the state agency in writing that a state vehicle assigned
to it is being under-utilized.
D. The state agency shall examine its
utilization of the state vehicle and respond in writing justifying to the director
or designee its need for the state vehicle and describing its intra-agency
vehicle rotation plan. If the state
agency does not provide such a plan, the director or designee will rotate
vehicles among state agencies.
E. The director or designee will
continuously monitor mileage utilization of the leased state vehicles. If the agency's use of the leased state motor
vehicle does not increase, the director or designee may recall the vehicle or
replace it with a state vehicle that has more mileage.
F. The director or designee will
consider under-utilization of state vehicles when evaluating a state agency’s
requests for additional or different vehicles.
[1.5.3.25 NMAC - Rp, 1.5.3.25
NMAC, 7-30-2015]
1.5.3.26 VEHICLE DISPOSAL PROGRAM: The
disposal of vehicles is governed by Chapter 13, Articles 1 and 6 NMSA
1978. The director or designee in
conjunction with the SCFA will consider disposing of a state vehicle when:
A. the leased state vehicle reaches the
end of its predetermined accounting and life cycle;
B. the estimated cost of repairs exceed
the value of the leased state vehicle; or,
C. the leased state vehicle is unsafe,
inoperable or obsolete.
[1.5.3.26 NMAC - Rp, 1.5.3.26
NMAC, 7-30-2015]
1.5.3.27 OUT-OF-STATE AND OUT-OF-COUNTRY
TRAVEL IN-STATE VEHICLES:
A. The director or designee must
approve in writing all out-of-state and out-of-country travel requests, in
state vehicles, in advance.
B. The
state agency must request the appropriate approval in writing including the
following information:
(1) names
of employee drivers/passengers - if travelers are not employees please provide
their names, entity they represent and reason why they need to travel in a
state vehicle (relatives or friends that are not conducting business in the
furtherance of state of New Mexico business cannot travel in a state car);
(2) NM
drivers’ license numbers of all authorized drivers;
(3) copies of drivers national safety council/defensive driving certificate;
(4) G
or SG-plates of vehicles making the trip;
(5) point of departure;
(6) points of destination, i.e. Santa Fe, New Mexico; to El
Paso, Texas; to Ciudad Juárez, Chihuahua; to
Chihuahua, Chihuahua; to Torreón, Coahuila, etc.
(7) date
of departure;
(8) date
of return;
(9) purpose for the travel, and;
(10) an agency approved travel request form including per diem
costs.
C. The
requesting agency must get approval from the governor’s office.
D. The state agency fleet coordinator
must provide the appropriate information to the director or designee based on
the following schedules:
(1) for a non-state employee passenger waiver, at least five (5)
working days notice;
(2) for an out-of-state waiver, at least ten (10) working days notice; and,
(3) for an out-of-country waiver at least ten (10) working days notice.
E. The
authorized driver must have the proper insurance, vehicle registration and
waiver documentation in-hand prior to the travel date.
[1.5.3.27 NMAC - Rp, 1.5.3.27
NMAC, 7-30-2015]
1.5.3.28 ACCIDENTS AND ACCIDENT
REPORTING:
A. An authorized driver, or appointed
fleet coordinator, of a state vehicle owned or leased by GSD/TSD shall file an
auto loss notice for any auto accident in a state vehicle within twenty-four (24)
hours or the next business day regardless of the severity of the accident. A police report and automobile loss notice
are required with or without property damage, bodily injury, whether or not the
authorized driver is at fault.
B. The authorized driver shall provide
the police accident report, automobile loss notice, and three (3) quotes for
repair costs to RMD and a copy of the same to the agency vehicle coordinator
and the TSD account manager.
C. If the authorized driver did not
file a police report, the state agency fleet coordinator must complete the
automobile loss notice and include the authorized driver’s name and driver’s
license number, and any witnesses, written and notarized affidavit(s)
describing the accident in detail, with distribution of the documents as
previously described.
D. If the authorized driver is found to
be at fault, the driver will be suspended and is required to take and pass a
TSD approved instructor taught six (6)-hour NSC/DDC course.
E. RMD
will assist the director or designee in maintaining accident reports and filing
insurance claims for all state vehicles.
F. Since
the premiums for RMD state passenger vehicles are part of the TSD lease rates,
the deductible for any loss will be paid by TSD. However, if there is proof that the loss was
caused by the negligence or abuse of a state employee, the user agency will
bear the costs of the insurance deductibles up to two thousand five hundred
dollars ($2,500) and any other costs as may be determined by the director, or
designee, and RMD.
[1.5.3.28 NMAC - Rp,
1.5.3.28 NMAC, 7-30-2015]
1.5.3.29 CUSTODY OF STATE VEHICLES:
A. Determination by director
or designee. The director or
designee may, on his own initiative or in response to a written request from a
state agency, determine that custody of certain state vehicles should reside in
a state agency. The director or designee
shall make such determination in accordance with the criteria set forth in Subsection
B of Section 15-8-6 NMSA 1978. All state
vehicles in the custody of other state agencies shall be titled in the name of
the division in accordance with Section 15-8-9 NMSA 1978.
B. Responsibilities
of state agencies with custody of state vehicles. A state agency that has custody of one or
more state vehicles shall:
(1) appoint an agency fleet coordinator who shall be responsible
for answering any questions from the director or designee regarding the owned
or leased TSD state vehicles in the state agency's custody;
(2) maintain
an accurate inventory of all state vehicles in its custody, including any
public property with a license plate;
(3) submit
an inventory report to the director or designee by June 15th of each year for
the fiscal year ending on June 30 of that year;
(4) notify
the director or designee within thirty (30) days of any change in the name,
address, telephone number, or facsimile number of the state agency or the
agency fleet coordinator, or any change in the status of state vehicles in the
state agency's custody;
(5) register all state vehicles using the name GSD/TSD/SCFA as
the first lien holder or name;
(a) the name of GSD/SCFA as the first lien holder or name one (1);
and,
(b) the name of the state agency as name two (2) and the state
agency accounting code as “VIN two (2)”,
(6) be responsible for all operation, maintenance, repair, and
replacement costs of leased state vehicles in the state agency's custody;
(7) budget
appropriately for replacement of leased state vehicles;
(8) develop written inventory,
administrative, operational, and replacement policies;
(9) develop a written policy regarding
the use of leased state vehicles for commuting between work and residence;
(10) track all special use motor vehicles
and motor vehicles leased or purchased totally or partially with federal funds
using the vehicle identification number (VIN) instead of the license plate
number; and
(11) maintain
insurance coverage on non-TSD leased state vehicles in accordance with the
requirements established by RMD.
C. License plates. On an annual basis, the director or designee
shall determine which type of license plate shall be issued for each state vehicle in the custody of a state
agency based on information provided by the requesting agency.
[1.5.3.29 NMAC - Rp, 1.5.3.29
NMAC, 7-30-2015]
1.5.3.30 USE-OF-STATE
VEHICLES DURING INCLEMENT WEATHER:
A. No
employee should be expected to travel if they feel unsafe due to inclement
weather. The employee should inform
their supervisor and request that the trip be delayed until the inclement
weather hazard has dissipated.
B. No
short term lease or “quik ride” vehicles will be
issued while inclement weather conditions are present. Reservations will be rescheduled for a later
time or date, depending on weather conditions and vehicle availability.
C. TSD
reserves the right to prohibit the use of state vehicles during inclement
weather.
[1.5.3.30 NMAC - Rp,
1.5.3.30 NMAC, 7-30-2015]
1.5.3.31 GLOBAL POSITIONING SYSTEMS -
GPS:
A. GPS will be used to monitor the
location and operation of vehicles in order to protect driver and vehicle
safety and to improve fleet efficiency.
(1) TSD will establish statewide vehicle alerts in order to identify
improper driving behaviors;
(2) TSD will provide oversight of vehicle monitoring and data
reporting;
(3) Each agency assigned a state vehicle with a GPS device
installed shall have access to the GPS tracking system in order to track and
run reports for their agency vehicles and shall inform its employees about the
use of the GPS device and system alerts, including use for disciplinary reports
and related purposes;
(4) All costs associated with an agency’s use of GPS will be
billed by TSD through its monthly billing system. Costs will flow through and be identified as
an “add on”.
B. Each
agency will monitor the vehicles assigned to it in order to identify and
document any unusual patterns or activity associated with specific GPS unit
numbers by establishing alerts.
(1) each agency will be responsible for its own policy on
informing its employees on the use of GPS including their use in determining
disciplinary actions; reports displaying
violations will be deemed a matter for inclusion in an employee’s personnel
file;
(2) each vehicle’s travel data must
be consistent with the work assignment of the employee operating the vehicle. TSD
shall retain GPS data for the current calendar year and the previous calendar
year; and,
(3) each agency that allows for
commuting must still report these vehicle activities to TSD.
C. Each
agency shall ensure that all personnel actions associated with the use of the
GPS are in accordance to that agency’s specific rules and regulations.
(1) TSD recommends that each vehicle that has a GPS device
installed have a decal displayed in the interior clearly identifying that a GPS
unit is installed and that all activity including speed and location is and
will be monitored;
(2) each agency shall establish additional alerts that are
specific to their operations such as hours of use and operation, route information,
idling time, locations where vehicles travel outside their respective assigned
areas, etc.; and,
(3) tampering with any GPS equipment
is prohibited and offending employees may be subject to disciplinary action.
[1.5.3.31 NMAC - N, 7-30-2015]
1.5.3.32 WAIVER FROM TSD RULES: The
GSD secretary or authorized designee may waive any portion of this rule
provided the request is submitted in writing.
The director or designee or the state agency may suspend or revoke
driving privileges of an authorized driver for failure to comply with any
provision of this rule.
[1.5.3.32 NMAC - Rp, 1.5.3.31
NMAC, 07-30-2015]
HISTORY OF 1.5.3 NMAC:
Pre NMAC History: Material in
the part was derived from that previously filed with the Commission of Public
Records - State Records Center and Archives:
GSD 85-202, State Motor Vehicle Regulations, filed
10-28-85;
GSD 90-202, State Motor Vehicle Regulations, filed
11-05-90.
History of Repealed Material:
GSD 90-202, State Motor Vehicle Regulations (filed 11-05-90)
repealed 11-01-02.
1.5.3 NMAC, Administration and Use of State Vehicles
(filed 10-01-2002) repealed 08-14-08.
1.5.3 NMAC, Administration and Use of State Vehicles
(filed 07-30-2008) repealed 1-15-13.
1.5.3 NMAC, Administration and Use of State Vehicles
(filed 12-20-2012) repealed 7-30-15.
Other History:
GSD 90-202, State Motor Vehicle Regulations (filed 11-05-90)
was replaced by 1.5.3 NMAC, Administration
and Use of State Vehicles, effective 11-01-02.
1.5.3 NMAC, Administration and Use of State Vehicles
(filed 10-01-2002) was replaced by 1.5.3 NMAC, Administration and Use of State
Vehicles, effective 08-14-08.
1.5.3 NMAC, Administration and Use of State Vehicles
(filed 07-30-2008) was replaced by 1.5.3 NMAC, Administration and Use of State
Vehicles, effective 1-15-13.
1.5.3 NMAC, Administration and Use of State Vehicles
(filed 12-20-2012) was replaced by 1.5.3 NMAC, Administration and Use of State
Vehicles, effective 07-30-2015.