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, Transportation Services Division.
[1.5.3.1 NMAC - Rp, 1.5.3.1 NMAC, 08-14-08]
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, and institutions of higher education 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, 08-14-08]
1.5.3.3 STATUTORY AUTHORITY: NMSA 1978 Sections 15-8-6 and 15-8-10.
[1.5.3.3 NMAC - Rp, 1.5.3.3 NMAC, 08-14-08]
1.5.3.4 DURATION: Permanent.
[1.5.3.4 NMAC - N, 08-14-08]
1.5.3.5 EFFECTIVE DATE: August 14, 2008 unless a
later date is cited at the end of section.
[1.5.3.5 NMAC - Rp, 1.5.3.5 NMAC, 08-14-08]
1.5.3.6 OBJECTIVE: The purpose of this rule
is to implement the Transportation Services Act, NMSA 1978 chapter 15, article
8, by establishing standards and procedures for the administration and use of
state vehicles by state agencies.
[1.5.3.6 NMAC - Rp, 1.5.3.6 NMAC, 08-14-08]
1.5.3.7 DEFINITIONS: In addition to the definitions in NMSA 1978 Section 15-8-3, as used in this rule:
A. account manager means a TSD employee designated to prepare, manage and enforce short-term and long-term TSD/SCFA vehicle leases; serve as liaison for designated state agency authorized drivers and TSD/SCFA maintenance personnel; prepare monthly billings and utilization reports, etc;
B. 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;
C. 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; etc;
D. authorized driver means:
(1) a state employee holding a valid New Mexico 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 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:
(a) prior to a determination of employment, the candidate must provide the agency and TSD with a current copy of their drivers’ license record - at their expense- from the state where they reside to assure that the drivers’ license is clean and clear of any current DUI, suspension or revocation;
(b) if the license is clean, the individual may be considered for employment by the agency and if hired shall take the NSC/DDC offered by a certified NSC/DDC state instructor to become certified to operate a state vehicle;
(c) once gainfully employed by the state, the out-of-state employee must provide a copy of his driving record to TSD on an annual basis to assure the drivers’ license is in good standing; and,
(d) if the license is not clear, a determination to choose not to hire the candidate by the agency may be in order;
(3) Chapter 66, Article 3, Section 301, Subsection B of the NMSA 1978 stipulates that “any person gainfully employed within the boundaries of this state for a period of thirty days or more within a sixty-day period shall be presumed to be a resident of this state;” therefore, any state employee previously living out-of-state who is gainfully employed by the state of New Mexico and resides within the state of New Mexico for more than thirty days must have a valid drivers’ license from the state of New Mexico to operate a state vehicle;
E. 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 to occupy a state vehicle; the director will provide upon request blanket approvals for those agencies that regularly transport passengers in the furtherance of official state business; the term for blanket approvals shall not exceed six months;
F. CAFE standards mean the national highway traffic safety administration corporate average fuel economy standards for passenger vehicles and light trucks;
G. commute means domicile-to-duty privilege authorized by a 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, AUTHORIZATION TO COMMUTE)
H. custody (of a state vehicle) means the director’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;
I. 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;
J. department means the general services department;
K. director means the director of the transportation services division of the general services department;
L. division means the transportation services division of the general services department;
M. DOT means the department of transportation;
N. DPS means the department of public safety;
O. EMNRD means the energy minerals and natural resources department;
P. flex fuel vehicle means a vehicle that has the capacity of burning a regular unleaded gasoline and an alternative fuel;
Q. DGF means the department of game and fish;
R. GSD means the general services department;
S. 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.), excluding any state level agency (see definition FF); state vehicles of the executive, legislative or judicial branches will display G-series license plates until replaced by SG license plates through attrition;
T. 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; 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;
U. public agency means an agency other than a state agency as defined in Sub-section Z of this section authorized to use SCFA vehicles;
V. RMD means the risk management division of the general services department;
W. SCFA means the state central fleet authority of the transportation services division of the general services department;
X. secretary means the cabinet secretary of the New Mexico general services department;
Y. special-use vehicles means state vehicles designated as such by the director, 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;
Z. state agency means a state department, agency, board or commission, including the legislative and judicial branches, but not including public schools and institutions of higher learning; this definition includes any public agency authorizing an officer or employee use of a state vehicle;
AA. 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;
BB. 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;
CC. state of New Mexico government 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;
DD. street license plate means a regular passenger license plate issued to a state vehicle which is in the custody of a state agency and can be traced to that state agency;
EE. transportation services division or TSD means the transportation services division of the general services department;
FF. 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.
[1.5.3.7 NMAC - Rp, 1.5.3.7 NMAC, 08-14-08]
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 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 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, 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 year vehicle models 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, EMNRD, G&F and DPS 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 green house gasses. 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 - N, 08-14-08]
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 short-term lease for a day to a period not exceeding six (6) consecutive months; or,
(2) through a long-term lease for a period exceeding six (6) consecutive months; and,
(3) through a third-party commercial lease; entities outside of the executive, legislative and judicial realm are restricted to the lease of third-party commercial leased vehicles.
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 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; and,
(3) third-party commercial lease is a long-term lease of a TSD leased vehicle which includes overhead, maintenance and third-party financing 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 years and one-hundred thousand miles (100,000).
(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 years and 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 (.015%) 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 and twenty days in making payment. For short-term leasing, SCFA will charge for one 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 is approved. The director will act on requests to disencumber funds within ten 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 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, 1.5.3.8 NMAC, 08-14-08]
1.5.3.10 STATE MOTOR VEHICLE LICENSE PLATES: At the beginning of each fiscal year, the director shall determine which type of license plate shall be issued for each state vehicle. This relates to the state of New Mexico government plate, street 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 street license plate for any state vehicle it uses in situations in which a state government license plate would be inappropriate. At the beginning of each fiscal year, the state agency must justify the need for a street 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 may authorize the street plate; however, the use of a magnetic decal depicting the great seal of the state of New Mexico and the name of the agency must be used in those cases when investigative work is not being done. The requesting state agency shall bear the cost of all magnetic decals.
C. The director 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 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.
[1.5.3.10 NMAC - Rp, 1.5.3.9 NMAC, 08-14-08]
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. Accident reports. 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. Emergency repair forms. The director requires written instructions and procedures for emergency repairs of mechanical breakdowns during and after normal business hours.
C. Fuel credit cards. Each vehicle will have detailed instructions and procedures for use of the fuel credit card with a list of authorized purchases.
D. 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.
E. RMD financial responsibility document. This document is the state’s official proof of insurance.
F. 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 and provided to the leasing agency in writing.
G. 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.
H. 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.
I. Alternative fuels documents. Each vehicle will have information stating whether the vehicle can utilize alternative fuels, the type of alternative fuels recommended by the manufacturer (E-85, biodiesel, etc.) and a list of locations that sell alternative fuels.
[1.5.3.11 NMAC - Rp, 1.5.3.10 NMAC, 08-14-08]
1.5.3.12 AUTHORIZED DRIVERS AND PASSENGERS:
A. Authorized drivers. The director may authorize a state employee who possesses a current valid New Mexico drivers’ license and who has completed a 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.
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 before occupying a state vehicle.
C. Suspension or revocation of authorized drivers’ privileges. The director 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. Reinstatement of driving privileges: an authorized driver that has his state driving privileges suspended or revoked must complete a TSD NSC/DDC 6-hour class before receiving a written driver privilege reinstatement authorization from the director or his designee.
D. 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, 1.5.3.11 NMAC, 08-14-08]
1.5.3.13 DEFENSIVE DRIVING COURSE:
A. Defensive driving course. Based on research conducted on all driver certification processes, TSD has determined that it will use the on-site national safety council defensive driving and safety curriculum. Agencies desiring to provide NSC/DDC training independent of TSD must request authorization to provide NSC/DDC instruction from the director prior to commencing the utilization of any NSC/DDC tools or materials. In addition, the agencies must follow the curriculum approved by the director 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.
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 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 are required to audit the TSD NSC/DDC - 6 and 4 hour classes; and, are required to teach one TSD 6 and one TSD 4 hour course under TSD supervision prior to receiving consideration of approval to teach. Instructors in good standing must complete the certification process every two years.
D. Driver certification required. Four or six-hour certificates are valid for four years. All authorized drivers of state vehicles must have a current TSD approved defensive driving certificate in their possession while driving a state vehicle. TSD will require a person who seeks to operate a state vehicle to provide proof of current certification. New employees must successfully take and pass the six (6) hour TSD prescribed defensive driving class with a grade of 80% or better to become an authorized driver. If the new employee provides proof of NSC/DDC certification within two years previous to the date of employment, at the discretion of the director, the employee may only have to take the four (4) hour NSC/DDC certification course.
(1) If a state employee needs to operate a state vehicle in furtherance of state business but has not successfully completed the defensive driving course, the state employee must register for the next available defensive driving course. The employee’s agency head or designee must submit a written request for a temporary waiver not to exceed thirty days of the certification requirement from the director. The waiver request shall include the state employee’s name and New Mexico driver’s license number, and the date the state employee is scheduled to attend the defensive driving course. If approved, the director will specify the term of the waiver. If the request is denied, the director will specify in writing the reason for the denial within ten 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 (four-hour or six-hour) has expired, the employee shall be required to successfully complete a six -hour NSC/DDC certification class.
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 written proof of previous DDC certification.
(2) Failure to provide the proof required in the previous sub-section will require the employee to register to take the six (6) hour DDC course.
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. If TSD conducts the drivers’ license check, on behalf of the user agency, the user agency will pay TSD the cost for each record check.
(2) The maintenance of a NSC/DDC certificate database, which will be provided by TSD.
(3) The maintenance and listing of authorized drivers.
(4) Maintenance and listing of suspended driving privileges including drivers’ license revocations, suspensions and DUIs.
(5) The agency is subject to TSD audits of state agency authorized driver records.
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 hour defensive driving course.
[1.5.3.13 NMAC - Rp, 1.5.3.12 NMAC, 08-14-08]
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.
E. Authorized drivers shall only utilize a cell phone with a hands-free device while operating a state vehicle, whether in-state, out-of-state or out-of-country.
F. Authorized drivers shall operate state vehicles at or below posted speed limits.
G. Authorized drivers shall minimize distractions while operating a state vehicle. The distractions include but are not limited to reading, texting, and playing with the radio/cd player.
H. An authorized driver who receives a traffic citation or parking ticket while using a state vehicle shall be personally responsible for any costs (cost of ticket, late frees, court fees or administrative fees) associated with the citation or ticket. If TSD receives a state employee’s traffic citation or parking ticket involving a SCFA motor vehicle, the director will forward it to the state agency leasing the state motor vehicle to assure the employee promptly clears the citation/ticket.
I. Authorized drivers who are convicted of a traffic violation while driving a state vehicle are required to immediately register for a six-hour NSC/DDC certification class.
J. Authorized drivers involved in a traffic accident while operating a state vehicle that are found at fault are required to immediately register for a six-hour NSC/DDC certification class.
K. State employees shall carpool to meetings, conferences whenever feasible.
[1.5.3.14 NMAC - Rp, 1.5.3.13 NMAC, 08-14-08]
1.5.3.15 SUSPENSION OF STATE VEHICLE OPERATOR PRIVILEGES:
A. The director shall automatically suspend a state employee’s authorization to operate a state vehicle if the state employee’s New Mexico driver’s license expires, is revoked, or suspended.
B. The director or the state agency may suspend or revoke driving privileges of an authorized driver for failure to comply with any provision of this rule. A state agency shall report each suspension or revocation to the director. The director 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.
C. 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 will review the status of the driving record of any state authorized driver upon receipt of any request for waiver, constituent complaint, traffic citation, or police report alleged driver or vehicle abuse.
D. An authorized driver that has his/her driving privileges suspended or revoked must successfully complete a TSD NSC/DDC 6-hour class before the director will consider authorizing the reinstatement of those privileges.
E. The director 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.
[1.5.3.15 NMAC - Rp, 1.5.3.18 NMAC, 08-14-08]
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.
B. No authorized driver shall transport an intoxicated passenger, nor shall they 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.
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 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 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 in writing requesting that driving privileges be reinstated along with evidence of the dismissal of charges. The director 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, 1.5.3.14 NMAC, 08-14-08]
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.
B. No pets allowed at any time in state vehicles. Upon written request, the director may authorize canine patrols or transportation of other animals including assistance dogs. The director will review the request and provide the state agency a written determination within ten working days of receipt by the division.
[1.5.3.17 NMAC - N, 08-14-08]
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, 1.5.3.15 NMAC, 08-14-08]
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 and a personal identification number (PIN) to each authorized driver.
C. Whenever possible, authorized drivers shall use self-service fuel pumps when refueling motor pool vehicles. 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 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 miles away at the time fueling is needed. Each agency will evaluate fuel usage reports provided by the fuel credit card company at last twice a year to assess alternative fuel usage by agency staff.
D. The fuel credit card may be used for road-side service, and/or emergency service or repairs not to exceed $250 per occurrence.
E. 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. The state agency or the director may suspend or revoke the state vehicle operator privileges of an authorized driver for misuse of a fuel credit card. A state agency may also take other appropriate disciplinary action.
F. 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.
G. All expenses charged to the contracted GSD/TSD fuel credit card shall be paid by the user agency.
[1.5.3.19 NMAC - N, 1.5.3.16 NMAC, 08-14-08]
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 assists the state agency in accomplishing its mission. Only the 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. Each state agency permitting authorized drivers to utilize this domicile-to-duty privilege shall maintain current records of:
(1) all state authorized drivers and passengers by name and position;
(2) the number of 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) report commuting information and subsequent changes the state agency commuting policies to TSD by the fifteenth of July of each year.
[1.5.3.20 NMAC - Rp, 1.5.3.17 NMAC, 08-14-08]
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 and/or harm. If after multiple occurrences of vandalism, damage, destruction, wreckage, sabotage, defacement and/or harm occur, the agency head shall, in writing, request authorization from the director 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 provides the approval, the state agency must comply with the reporting and tracking requirements of 1.5.3.20 NMAC, AUTHORIZATION TO COMMUTE.
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. 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, 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 $250. If the emergency repairs will cost more than $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.
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 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 display the “1-800-627-6639” toll free telephone number bumper sticker on the rear bumper of all state vehicles with a state of New Mexico government license plate. The director 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.
[1.5.3.21 NMAC - Rp, 1.5.3.19 NMAC, 08-14-08]
1.5.3.22 STATE VEHICLE RETURN:
A. The director may rotate state vehicles within an agency or between agencies if the director 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, 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 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.
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, 1.5.3.20 NMAC, 08-14-08]
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, 1.5.3.21 NMAC, 08-14-08]
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, G&F 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 green house
gas emissions benchmarks.
[1.5.3.24 NMAC - N, 08-14-08]
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 shall analyze monthly leased state vehicle mileage statistics.
B. The director 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 in conjunction with the state agency will make the appropriate changes to the location of the leased state vehicle.
C. If the director finds that a leased state motor vehicle is accumulating low mileage, the director 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 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 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 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, 1.5.3.22 NMAC, 08-14-08]
1.5.3.26 VEHICLE DISPOSAL PROGRAM: The
disposal of vehicles is governed by Chapter 13, Articles 1and 6 NMSA 1978. The director 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, 1.5.3.23 NMAC, 08-14-08]
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 and at a minimum include the following information:
(1) names of employee travelers/drivers - if travelers/drivers 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; and,
(9) purpose for the travel.
C. The state agency fleet coordinator must provide the appropriate information to the director based on the following schedules:
(1) for a non-state employee passenger waiver, at least five working days notice;
(2) for an out-of-state waiver, at least five working days notice; and,
(3) for an out-of-country waiver at least ten working days notice.
D. 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, 1.5.3.24 NMAC, 08-14-08]
1.5.3.28 ACCIDENTS AND ACCIDENT REPORTING:
A. An authorized driver of a state vehicle owned or leased by GSD/TSD shall file a police accident report for any auto accident in a state vehicle as soon as possible regardless of the severity of the accident. The police report and automobile loss notice are required with or without property damage, bodily injury, whether the authorized driver is at fault or not.
B. The authorized driver shall provide the original police accident report and automobile loss notice to RMD and a copy of the same to the agency vehicle coordinator and the director.
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, and/or any witnesses, written and notarized affidavit(s) describing the accident in detail, with distribution of the documents as previously described.
D. RMD will assist the director in maintaining accident reports and filing insurance claims for all state vehicles.
E. 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 $1,000 and any other costs as may be determined by the director and RMD.
[1.5.3.28 NMAC - N, 1.5.3.25 NMAC, 08-14-08]
1.5.3.29 CUSTODY OF STATE VEHICLES:
A. Determination by director. The director 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 shall make such determination in accordance with the criteria set forth in Subsection B of Section 15-8-6. 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 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 by June 15th of each year for the fiscal year ending on June 30 of that year;
(4) notify the director 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 1; and,
(b) the name of the state agency as name 2 and the state agency accounting code as “VIN 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 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 - N, 1.5.3.26 NMAC, 08-14-08]
1.5.3.30 WAIVER FROM TSD RULES: The GSD secretary or authorized designee may waive any portion of this rule provided the request is submitted in writing.
[1.5.3.30 NMAC - Rp, 1.5.3.27 NMAC, 08-14-08]
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 effective 11-01-02.
1.5.3 NMAC, Administration and Use of State Vehicles (filed 10/01/2002) repealed 08-14-08.
Other History:
GSD 90-202, State Motor Vehicle Regulations, filed 11-05-90 replaced by 1.5.3 NMAC named 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.