SECTION 11. MOTOR VEHICLE SAFETY

INTRODUCTION

This section contains the requirements, rules and responsibilities for the safe operation of APO vehicles. This includes the safety of the employees, visitors, public, and the vehicles. The requirements, rules and responsibilities also apply to personal and rental vehicles when used in connection with the operations of NMSU/APO.

The motor vehicles comprising the APO fleet, referred to herein as company vehicles, are insured by NMSU and owned by APO.

The New Mexico State Motor Vehicle Operator’s permit referred to herein as a state vehicle license is, in addition to the appropriate state license, required of every operator of a company vehicle.

11.1 TYPES OF MOTOR VEHICLES

Currently, APO has one vehicle assigned to it that carries a government plate: the 5-ton stake body truck. The other 2-vehicles are a pickup truck and a SUV. These latter two vehicles carry private tags but are still APO vehicles insured by NMSU.

Vehicle logos and identification - with the exception of a few vehicles approved by the administration, all vehicles must display the appropriate New Mexico State University logo carrying NMSU issued government plates. NMSU has a standard identification decal that is supplied by the Physical Plant Department and should be displayed on all University vehicles.

University-owned vehicles (private use) - personal travel in official vehicles is strictly prohibited. Laws (Section 15-3-30) provide that all State-owned vehicles shall be used exclusively for business of the State and its agencies. Any person who shall use such vehicle for private use or purposes of pleasure shall be deemed guilty of a misdemeanor, and for such offense be punished by a fine of not less than fifty dollars ($50), or by imprisonment in the county jail for not more than three (3) months, or both such fine and imprisonment.

Permanently assigned vehicles - University personnel may be assigned vehicles on a permanent basis if the person is on 24-hour emergency call and the travel involves campus security, campus utility maintenance, or similar University-wide emergency service. The use of State-owned vehicles for going to and from work is considered private use unless the employee has been designated as being on 24-hour call due to the nature of the duties.

The President of the University must approve all requests for permanent assignment. To request a permanently assigned vehicle, the responsible administrator must submit written justification to the President with a copy to the Director of Purchasing.

In addition to regular University identification, all permanently assigned vehicles must plainly identify the University department and be on call 24-hours. The Physical Plant Department will specify uniform size, type, and placement of lettering.

11.2 VEHICLE ACCIDENTS

New Mexico Statute, Section 66-7-206, requires immediate notice of accident. The driver of a vehicle involved in an accident resulting in injury to or death of any person, and/or property damage to an apparent extent of one hundred dollars ($100) or more, shall give notice of such accident to police authorities.

If the accident occurs on the main campus, notify the University Police. If the accident occurs within a municipality, notify the local police; otherwise, notify the County Sheriff or the nearest office of the New Mexico State Police. The individual involved in the accident must report it immediately to the Site Operations Manager and the Central Purchasing Office/NMSU (CPO).

Vehicle Accident Procedures:

- obtain police report or other law enforcement agency report;
- send memorandum stating the details of the accident to the CPO, who will
submit reports to Risk Management and the insurance carrier;
- obtain three local repair estimates;
- submit a Purchase Order Requisition for the lowest estimate.

If the University is at fault, the responsible department is charged the $1,000 deductible. If the other driver is at fault, the CPO will file a claim against the other driver or his insurance company.

11.3 DRIVER’S LICENSES

In addition to the regular Operators License (or other accepted operator certification) issued by the New Mexico Vehicle Department, a driver of a State-owned vehicle must have a valid permit to drive official vehicles.

To receive a valid permit, the employee must complete the Defensive Drivers Course (DDC). A schedule of DDC classes may be obtained from the University Safety Office, 1-646-3277 or 2542. When the employee presents a certificate of completion to the University Safety Office, a state permit will be issued.

The Safety Office MAY issue temporary permits for a period not to exceed 30 days with the stipulation the employee must enroll in the next Defensive Drivers Course. All temporary permits must be returned to the Safety Office.

The 5-ton stake body also requires a class B or greater Commercial Drivers License (CDL) and when hauling hazardous materials the operator must have Hazardous Materials (HazMat) endorsement. When transporting hazardous materials all DOT regulations shall be followed.

11.4 VEHICLE INSURANCE

Collision - the University is insured through the State Risk Management Division. There is a deductible of $1,000 per occurrence.

Bodily injury and property damage - the limits are as follows:

Bodily injury - $300,000 each accident;
500,000 aggregate;
Property damage - $100,000

11.5 REQUIREMENTS, RULES AND RESPONSIBILITIES

GENERAL

Employees will have in their possession a current and valid driver’s license of the state in which they reside, and a current and valid State Vehicle license issued by NMSU, before operating any company vehicle.

Company vehicles will at all times be operated in a safe and prudent manner and in accordance with applicable procedures.

Company vehicles will be used only for official duties connected with the operation of APO and in accordance with established procedures and practices.

Unauthorized persons, including hitchhikers, will not be transported in company vehicles.

Illegal drugs and alcoholic beverages will not be transported in company vehicles.

Operators will know and obey all state and local motor vehicle laws applicable to the vehicle being operated.

Operators will drive at speeds no greater than permitted by law. Traffic, road, and weather conditions will be considered when determining a safe operating speed.

Seat belts and shoulder harnesses, where provided, will be worn by operators and passengers in company vehicles whenever the vehicle is in motion on public or private roadways. Employees who operate their personal vehicle or a rental vehicle in connection with APO business or who are in these vehicles, will also wear seat belts and shoulder harnesses where provided.

Operators will not release the vehicle under their control to any unauthorized person.

Operators will not permit anyone to ride on any part of a vehicle except on the seats. No one will be allowed to ride on or in a trailer.

Employees will not tamper with any safety, pressure sensing, or limiting device. Adjustments to such devices will be made only by authorized employees or vehicle maintenance contractors.

Operators will promptly report any vehicle problem or safety-related deficiency that is encountered during the operation of a vehicle to the APO Site Safety Officer.

No job is so important that it requires operation of a vehicle in any manner that is considered unlawful or unsafe. An emergency call does not permit the operator to disregard traffic laws, regulations, or established procedures.

All motor vehicle accidents in connection with the operation of APO, no matter how minor, will be reported by the operator to the Site Operations Manager.

OPERATION

Operators will clearly signal their intention of turning, passing, or stopping, using defensive driving techniques.

Operators will be courteous toward other drivers and pedestrians; they will yield the right of way to pedestrians and other vehicles when failure to do so might injure any person or cause an accident.

Ignition systems will be turned off and no smoking permitted while refueling.

Operators will not allow vehicles to coast with the transmission in neutral or with the clutch disengaged.

Operators will use caution on downgrades and use the proper gears; heavily loaded passenger vehicles or trucks will be operated in one gear lower than needed to go up the same grade.

When vehicles must be parked on a roadway, they will be parked facing the direction of traffic flow.

Disabled vehicles stopped on any roadway will be protected by proper warning lights (emergency flashers), reflectors, or red flags in accordance with state or local requirements.

Use of cellular phones while driving is discouraged. Use of hands free cellular phones is authorized, however pulling to the side of the road and stopping is the preferred use of phones when driving.

When parking on a hill, operators will:

- when headed downhill, turn the front wheels into the curb toward the side of the road.
- when headed uphill turn the wheels away from the curb and let the vehicle roll back until the rear of the right wheel butts up against the curb
- when there is no curb, turn the wheels to the right to prevent the unexpected movement of the vehicle into the traffic flow;

Apply parking brake firmly, place automatic gear selector in ‘Park’ position or manual gearshift in "Reverse" position, turn off ignition and remove key before leaving vehicle.

Vehicles, wherever possible, will be positioned or parked so backing the vehicle will not be necessary. If a vehicle must be backed, the operator will:

- if alone, visually check the area behind the vehicle prior to backing up or;
- if another employee is present, request he/she check the area to the rear of the vehicle and act as a safety watcher or signal person during the backing operation.

When it is absolutely necessary to stop on a roadway, use extreme caution.

Warning signals and lights, including taillights/emergency flashers, will be used.

Operator or passenger compartments will not be used to transport loose material.

Equipment and materials will be carried on vehicles in designated portions or sections of the vehicle that are approved for that purpose.

Equipment and materials will not be tied, strapped, carried, or hung on exterior portions of a vehicle or trailer not specifically designed for that purpose. The operator is responsible for ensuring all cargo is properly secured.

Vehicles or trailers will not be loaded with equipment or materials to cause them to become overloaded or oversized (except by special permit).

Use of cellular phones while the vehicle is in motion is strongly discouraged and illegal in certain areas. When using a cellular phone by the driver of a vehicle, pull the vehicle to the side of the road in a safe parking area and come to a complete stop.

RESPONSIBILITIES

Operators are responsible for obtaining their applicable state driver’s license and the timely renewals for it.

Any citations, fines, or confinement resulting from violation of existing laws/statutes by an employee operating a company vehicle, or a personal or rental vehicle, when connected with APO business, will be the personal responsibility of the individual and may result in the loss of driving privileges and other disciplinary action.

Operators are responsible for reporting immediately to the APO Site Operations Manager the restriction, suspension, or revocation of their state driver’s license.

Operators are responsible for reading all labels and instructions that come with prescriptions and non-prescription drugs and heeding warnings or precautions regarding the effects of the drugs and their ability to safely operate a vehicle.

In the event of an accident, no matter how minor, operators are responsible for the procedure for reporting accidents provided in Section 4.8, titled “Accident Investigation and Report.”

11.6 MANAGEMENT RESPONSIBILITIES

Site Safety Officer will:

- maintain a preventive maintenance program, which includes documentation of regularly scheduled inspections, servicing, and maintenance to ensure the continued safe functioning/operation of all motor vehicles and their safety equipment;
- ensure all safety devices or equipment provided as replacements due to wear, deterioration, or damage meet the current Federal standards;
- ensure vehicles used on public roadways are equipped with an appropriate fire extinguisher and first-aid kit, an accident reporting packet, insurance identification card, and emergency type items including tire chains, flares, and applicable warning devices;
- ensure NMSU requirements for license tags and vehicle identification are followed;
- promptly investigate any reported problems or safety defects and provide the necessary corrective action before reusing the vehicle; when necessary “ ground” any vehicle that is unsafe until the problem is corrected;
- ensure all known safety (recall) notices are promptly acted on.

Site Operations Manager will:

- review applications for state vehicle licenses ensuring applicant obtains the appropriate training;
- maintain a current record of all licensed operators.
- ensure operators are warned of severe weather conditions and the appropriate operational restrictions are put into effect;
- ensure hazardous materials are not transported in passenger-type vehicles;
- maintain current inventory records of all NMSU motor vehicles and Government license tags;
- ensure operators are familiar with state, local, and site procedures and they are complied with;
- ensure all accidents are reviewed and reported in accordance with procedures and requirements provided in Section 4.8, titled “Accident Investigation and Report.”