Policy 8170P - Charter School - Owned Vehicles

NON-INSTRUCTIONAL OPERATIONS                                                         8170P

 

Charter School - Owned Vehicles

 

The Board adopts this procedure to establish guidelines, obligations, and expectations of employees who, within the scope of their employment, have occasion to operate Charter School - owned vehicles and equipment, or personal vehicles for official School purposes.

 

Charter School Vehicles and Equipment

 

Authorization for Use

           

{{School_Name}} employees shall operate Charter School owned vehicles and equipment only when the employee:

 

  1. Is authorized by their position and/or supervisor to act as the operator of a vehicle or piece of equipment;

 

  1. Holds a valid Idaho operators license for each class of vehicle or piece of equipment they are approved to operate. The School may verify license status by checking motor vehicle records; and

 

  1. Has demonstrated to the supervisor's satisfaction that they are qualified to operate the vehicle or piece of equipment.

 

Responsibilities of Vehicle or Equipment Operator

 

Employees operating Charter School vehicles and equipment shall:

 

  1. Inspect vehicles or equipment before operating to ensure the vehicle or equipment will function in a safe manner;

 

  1. Refrain from eating or engaging in other activities which may distract an individual from safely operating a vehicle or piece of equipment;

 

  1. Operate such vehicles and equipment in a safe, responsible manner, and in compliance with State laws and regulations governing vehicle use;

 

  1. Pull off to a safe area and stop driving to use a cell phone in a vehicle;

 

  1. Be personally responsible for traffic fines and/or penalties arising from their violation of traffic laws while operating such vehicles or equipment;

 

  1. Refrain from operating any such vehicles or equipment when under the influence of controlled substances, medications, or mental or physical conditions which could impair their ability to properly operate a vehicle or piece of equipment;

 

  1. Return such vehicles and equipment daily to the Charter School facility designated for that vehicle or piece of equipment unless it is taken to the operator's residence as authorized in this procedure;

 

  1. If the vehicle or piece of equipment is taken to the operator’s residence as authorized by this procedure, the operator shall ensure the vehicle or equipment is made available for routine maintenance as well as unscheduled maintenance when required;

 

  1. Report any loss, redaction, or suspension of their operator license or endorsements status to their supervisor as soon as they are notified of the licensing status change;

 

  1. Report all accidents immediately to the supervisor and/or to the Risk Management Specialist so that they can be reported to the Charter School’s insurance carrier. All Commercial Driver’s License holders shall comply with federal and State laws regarding the reporting of accidents, citations, or driving convictions and shall immediately report such occurrences to their supervisor;

 

  1. Use of Charter School fueling cards and facilities, maintenance and repair facilities, and supplies shall be limited to bonafide Charter School vehicles and equipment. School materials and facilities shall not be used for personal benefit;

 

  1. Not allow other persons to use their refueling card or request that others allow them to use refueling cards which are not assigned to them; and

 

  1. Be evaluated in connection with their use of Charter School vehicles and equipment as part of their annual job performance review.

 

Prohibited Conduct of Vehicle/Equipment Operator

 

Any employee involved in one or more of the following circumstances while operating School vehicles and equipment will immediately lose their operational authorization:

 

  1. Unlawful use, distribution, dispensing, manufacture, or possession of a controlled substance;
  2. Operating any Charter School vehicle or piece of equipment while under the influence of alcohol, any drug, or the combined influence of alcohol and any drug;
  3. Use of any Charter School vehicle or piece of equipment for illegal or unauthorized purposes;
  4. Operating a vehicle or piece of equipment in a manner which endangers the safety or life of others;
  5. Any negligent use of Charter School owned vehicles or pieces of equipment.

 

Any employee who has engaged in any of the items listed in the above section of this procedure, regardless of whether it occurred while operating a Charter School vehicle or piece of equipment, may be permanently prohibited from operating Charter School vehicles and equipment, and/or subject to disciplinary action, up to and including termination.

 

Emergency Callout

 

In specific instances, the Executive Director and/or department directors may establish specific positions and/or classes of employees who are subject to emergency callout. These employees or classes of employees may be assigned a Charter School vehicle to keep at their personal residence in order to more quickly respond to emergency circumstances. Employees so designated, may be changed at any time by the Executive Director and/or department director without consultation or negotiation with the affected employee or classes of employees. When an employee is designated to have a Charter School vehicle at their residence for emergency callout use, the vehicle shall not be used for personal purposes.

 

Disposal of Vehicles and Equipment

 

All vehicles and equipment shall be disposed of only by sales events and methods which are in compliance with applicable law and approved by the Board and by rules adopted by the State for disposal of Charter School property. Each sales event must be approved individually by the Board. [OPTION - Revenue received from the sale of school buses will be placed in a separate account and used only for the purchase of school buses.]

 

Accident Management Procedures

 

The {{School_Name}} establishes the following guidelines for reporting, investigating, and documenting all accidents, collisions, and incidents involving Charter School vehicles and equipment:

 

  1. All accidents, collisions, or vandalism (herein collectively referred to as “accidents”) involving Charter School vehicles, regardless of the amount of damages or personal injuries sustained, shall be reported immediately to the Executive Director and/or any other identified Charter School personnel. Failure to report an accident shall be cause for disciplinary action;

 

  1. Drivers shall report all school bus accidents to the Executive Director and/or any other identified Charter School personnel and the appropriate law enforcement agency. Subsequent to the accident or incident, a Uniform School Bus Accident/Injury or appropriate Incident Report Form shall be completed by the driver or Executive Director and submitted to the State Department of Education within 15 days.

 

  1. An employee involved in any accident while operating Charter School vehicles or equipment may be required to submit to a drug and alcohol test. Failure to submit to a drug and alcohol test; or testing positive for drug use; or prohibited levels of alcohol as outlined in applicable law; shall be subject to disciplinary action, up to and including termination;

 

  1. An accident report shall be completed within 24 hours of any accident regardless of the amount of damage sustained to any Charter School vehicle or equipment;

 

  1. All accidents shall be investigated by a designated Charter School Safety Coordinator or his or her designee;

 

  1. All accidents involving any personnel injury and/or accidents for which the estimated damages exceed $1,000 shall be reviewed by the Safety Committee.

 

  1. The Safety Committee shall hold a fact-finding meeting to determine if the accident was preventable or non-preventable.

 

  1. The driver involved in the accident has the right to attend the fact-finding meeting to explain the situation and answer questions of the Committee;
  2. The Committee shall inform the driver of their findings in a timely manner; and
  3. An employee may appeal the findings and recommendations of the Committee by following the appeals procedure outlined in the Charter School Grievance Procedure.

 

  1. Administrative actions shall be taken based on the findings and recommendations of the Committee as follows:

 

  1. If the accident was non-preventable, a statement to that effect shall be included in the employee’s personnel file and no disciplinary action will be recommended.

 

  1. If the accident was preventable, procedures of remediation and disciplinary action shall be implemented according to the degree of culpability, severity of the accident, and service record of the employee.

 

  1. Driver Education instructors shall not be disciplined under these driver accident guidelines for vehicle accidents resulting from the actions of student drivers who are operating Charter School vehicles under the instructor’s supervision, as part of the School Driver Education course unless a valid investigation by the Charter School or a court of law finds the instructor was grossly negligent in their instruction or driving supervision.

 

Definitions
 

"Equipment" for purposes of this procedure means utility vehicles, and construction and lawn equipment.


"Vehicle" for purposes of this procedure means buses, vans and passenger vehicles, and maintenance and delivery trucks.

 

Legal References:       I.C. § 33-5204                   Nonprofit Corporation—Liability—Insurance

 

                                    I.D.A.P.A. 08.02.04.300   Public Charter School Responsibilities

 

Procedure History:

Promulgated on:

Revised on:

Reviewed on: