LIGHT MOTOR VEHICLES - COUNCIL PROTOCOLS

Transcription

1 Responsible Section: Civil Services Date Approved: May 2014 LIGHT MOTOR VEHICLES - COUNCIL PROTOCOLS TABLE OF CONTENTS 1. Introduction Definitions Purchase and Disposal - Timing Vehicle Allocation Vehicle Types Vehicle Accessories Employee Access to Private and Commuter Use Vehicle Identification Vehicle Availability Vehicle Maintenance Authorised Drivers Driver Responsibilities Traffic Offences Fuel Load Restraints Accidents Uses Not-Permitted Log Books Document Reviews Leaseback Agreements Taxation Implications Disputes Fees Other Costs Notice to Employees Termination... 9 Appendix A Vehicle Driver Register (example only) Appendix B 200 KM Fuel and 40 KM Commuter and Private Use Radius Appendix C Fee Calculations DOCUMENT HISTORY Date Version No Prepared by Reviewed by Approved by September Manex May Neil Smith Paul Hickey Manex

2 1. Introduction The General Manager, or nominated delegate, will from time to time offer the private or commuter use of selected vehicles to employees. The aim is for Council not to subsidise the private and commuter use of vehicles. Employees who receive the benefit of private use should make a private contribution to the operating costs of the vehicle to offset the cost of their private use. The private contributions will be reviewed at least annually, in a simple, open and uniform manner. The Consultative Committee will act as a representative employee group to provide recommendations on variations to this document. 2. Definitions Light Vehicles For the purposes of this document light vehicles are considered to be passenger sedans, or wagons, or light commercial vehicles. Light Commercial Vehicle - For the purposes of this document a light commercial vehicle refers to a utility, van or any other light vehicle (GVM under 4,500kg) that is not specifically designed for private passenger use. Commuter Use Refers to the use of a Council vehicle by an employee to commute to and from work, subject to the following terms and conditions: A vehicle available for commuter use is not available to the employee during periods of annual leave, sick leave, or other absences from work exceeding one day, except where a person is authorised by a Council Line Manager, Group Manager or General Manager. When used for to and from work travel the vehicle must only convey authorised Council employees / contractors / volunteers and the route used must be the most practical from the work place to the employee s residence. However employees with commuter use are entitled to undertake private use activities such as shopping, collecting mail, calling into the gym etc, so long as that activity is part of the most practical route from the work place to their residence. Employees with commuter use cannot use the Council vehicle for private use activities when that use is not part of the most practical route to and from work. Commuter use vehicles are only to be driven for commuter use by authorised Council employees or authorised contractors and / or volunteers. Should the employee not be able to attend work for any reason they must immediately notify their Supervisor. In the event of absences greater than one day, it is the responsibility of the employee to return the vehicle to Council so that the vehicle is available at the normal starting time. Council is not responsible for providing the employee with transport home after returning a vehicle and for travel to the employee s normal work site when recommencing duties. Where an employee s normal working hours are spread over four days per week or less, the employee will be required to leave the vehicle at work for non work days, unless otherwise authorised by the General Manager, or nominated delegate. Employees who are on call, with commuter use, are not entitled to use the Council vehicle for any private use, excluding driving to and from an on call activity. Employees cannot use the vehicle for private use on the justification they are on call. If there is a requirement to respond to an on call activity, they need to return to their residence, or where the vehicle is parked, to undertake that on call activity. Leaseback Fee Refers to the private contribution made by an employee for private or commuter use of a Council vehicle. Private Use Refers to the use of a Council vehicle by an employee for their own private use, subject to the terms and conditions of this document. 1

3 Private use includes: travel to and from work weekends and rostered days off approved annual, sick/carers, long service and maternity leave taken at full pay. (Up to a maximum of 13 weeks per 12 month period, based on the employee s anniversary date). Private use will not be available to employees during periods of unpaid or part paid leave and will only be available to full time employees. The employee retains the right to surrender the vehicle during a period of leave, if it exceeds one week in any one period of absence, during which time the weekly lease fee will not be charged. Private use does not entitle the employee to transfer that use to commuter use. Refer to clause 26 for further details. Private use does not allow employees to access commuter use vehicles for one-off uses such as utilities for transfer of waste, furniture etc. Private use lessees can transfer vehicles with other private use lessees, subject to the agreement of both parties. 3. Purchase and Disposal - Timing The Council s Fleet Co-ordinator will recommend to the General Manager, or nominated delegate, the timing of the purchase and disposal of Council s fleet of light vehicles based on the contents of this document. 4. Vehicle Allocation The General Manager, or nominated delegate, will determine the allocation of light vehicles to employees. Factors considered in the allocation of vehicles will include, but not be limited to: operational needs of Council, work priorities and on call requirements employment contracts and labour market forces nature of duties being carried out by an individual / position anticipated / actual kilometre usage of a vehicle / position. The General Manager, or nominated delegate, in consultation with the Fleet Co-ordinator, can re-allocate vehicles, at any time, in order to: benefit the organisation through improved utilisation of resources minimise the FBT liability associated with the private or commuter use of any vehicle manage the kilometres travelled of individual vehicles with a view to maximising resale value and minimising costs to Council. In order to minimise FBT, only FBT exempt vehicles will be available for commuter use, excluding circumstances where due to leave or resignations interim arrangements are required to ensure the availability of the vehicle. Similarly more expensive 4WD vehicles will not be available for private use due to the FBT liability. The range of vehicles available to senior executive employees will be approved by the General Manager, or nominated delegate and will be as follows: General Manager - Caprice or equivalent (as per contract conditions) Group Manager - Calais or equivalent (as per contract conditions) Line Managers may also have access to higher specified vehicles subject to the terms and conditions of any enterprise agreements. 2

4 For commuter use, vehicle allocation may be limited to only one class of vehicle, subject to the discretion of the General Manager, or nominated delegate. Other key factors in considering the allocation of commuter use will be whether the employee is, at times, required to be on call, whether the employee starts and finishes on the job on a regular basis, whether the employee is required to work outside normal hours on a regular basis and whether there may be limited options to securely garage the Council vehicle at a Council depot. Where the provision of a 4WD (4x4) or station wagon is necessary to support the performance of duties associated with a position, this type of vehicle will be allocated and the employee will only be required to pay a standard fee option (if applicable). The General Manager, or nominated delegate, will have sole discretion in determining which positions require access to these types of vehicles. The General Manager, or nominated delegate, may allocate employees alternate fuel vehicles. Examples will include but not be limited to LPG and hybrid electric/fuel powered vehicles. 5. Vehicle Types The vehicle types provided will vary from time to time, but will be selected with a view to: enabling council employees to effectively carry out their duties maximise resale value at point of changeover minimise purchase price As a minimum each vehicle will have the following features: automatic transmission air conditioning driver airbag (where available) ABS (where available) mud flaps floor mats first aid kit and front seat covers all station wagons shall be fitted with steel cargo safety barriers or barriers that comply with Standard AS/NZS or any other standards that replace or supersede this standard. All light vehicles, other than those that are leased for private use, will be white in colour. For private use the General Manager, or nominated delegate, maintains full discretion in respect to the selection of vehicle colour and will as a preference order light coloured vehicles whenever possible (excluding employees on contract who may have specific contract conditions). 6. Vehicle Accessories Employees who wish to fit a tow bar, tinted windows, or roof racks to their allocated vehicle for private purposes may do so with the approval of the General Manager, or nominated delegate. In instances where the installation of a tow bar, tinted windows or roof racks is at the desire of an individual, in lieu of operational needs, the employee will pay an increased fee for the period that the accessories are fitted to the vehicle. Upon replacement of the vehicle, the new vehicle will be provided with the same accessories at Council s expense. Where it is identified that accessories are necessary to support the performance of duties associated with a position, the employee will not be required to pay an additional fee. The General Manager, or nominated delegate, will determine which positions require the incumbent to access accessories. 3

5 Any accessories, including mobile phone holders, can only be fitted with the approval of the Fleet Co-ordinator. This approval must be provided in writing (i.e. ). 7. Employee Access to Private and Commuter Use There are three general categories of employees provided private or commuter use of vehicles within Council: a) Industry Standards for Positions As Council operates in a competitive market place for labour it is important to offer remuneration packages that reflect market standards. Private or commuter use of Council owned or leased vehicles is one element in determining remuneration packages for certain positions in the organisation. Those positions, where the General Manager, or nominated delegate, is of the opinion that a vehicle is required to attract and / or retain employees, will be offered access to private or commuter use. The determination of those positions will be determined by the General Manager, or nominated delegate, following consultation with the relevant Group Manager and the Human Resources Section of Council. Private or Commuter use will only be offered to employees who work full time award hours (i.e. 35 or 38 hours) or as otherwise determined by the General Manager. b) Team Leader Positions Persons who hold the position of Team Leader will be allocated a light commercial vehicle for the purpose of their work activities. The General Manager, or nominated delegate, may permit the use of these vehicles for commuter use. Commuter use access to these vehicles is available due to the Team Leader positions typically being required to supervise on call employees and to be available for on call or call out work. Notwithstanding this clause the General Manager, or nominated delegate, has the discretion of not offering commuter use to the Team Leader positions having regard to: the proximity of the Team Leader s residence to their normal starting location the frequency of after hours call outs associated with the operations response time requirements in relation to after hours call outs vehicle utilisation and / or suitability. c) Operational employees In situations where Council's operational employees are required to be on call after hours or available under call out arrangements, the General Manager, or nominated delegate, may permit the employee to use a light commercial vehicle under a commuter use agreement. Notwithstanding this clause the General Manager, or nominated delegate, has the discretion of not offering commuter use to operational employees having regard to: the proximity of the employee s residence to their normal starting location the frequency of after hours call outs associated with their operations response time requirements in relation to after hours call outs vehicle utilisation and / or suitability. 8. Vehicle Identification All Council vehicles, other than vehicles with full private use, will have Council's logo affixed. 4

6 9. Vehicle Availability All Council vehicles must be treated as pool vehicles and made available for normal duties within Council hours. Under no circumstances is the employee to assert any right of ownership or control over the use of the vehicle, which would reduce the vehicle s availability for use on Council business. Use of the Council vehicles during normal working hours remains at the discretion of the General Manager, or nominated delegate or Group Manager. Lunchtime is deemed to be during normal working hours. However, if the vehicle is not required for any business use during that period, then the employee is entitled to use the vehicle for private use, however this is only allowed where a private use agreement is in place. Council will endeavour to provide a substitute vehicle (including a hire vehicle) in the event of a vehicle being un-roadworthy for any reason. In the event a substitute vehicle is not available, the appropriate adjustment of the leaseback fee will be made to the employee. 10. Vehicle Maintenance All employees allocated a Council vehicle for business and / or private use, are responsible for ensuring that the vehicle is serviced at the intervals as specified in the manufacturer s service handbook. The responsible employee must notify Council's workshop when their vehicle odometer reading is within one thousand kilometres of each scheduled service. In addition, the following minimum details must be provided: the make / model of the vehicle and the odometer reading any problems, faults or damage associated with the vehicle suitable dates to conduct the service (Arrangements should be made approximately one week to ensure that a suitable time can be arranged). The Workshop Team Leader will be responsible for co-ordinating the servicing of all vehicles, including transportation to and from the service facility. All vehicles owned or leased by Council are to be kept in a clean and tidy condition to ensure that a professional image of the Council is presented at all times. Where the vehicle is a utility, the employee will ensure that it is satisfactorily cleaned, with Council s preferred standards as follows: litter removed from the vehicle daily floors and seats vacuumed weekly internal upholstery wiped with a damp cloth at least fortnightly windows cleaned on a weekly basis exterior of the vehicle washed on a weekly basis Where the vehicle is a sedan or wagon, the employee will ensure that it is satisfactorily cleaned, with Council s preferred standards as follows: litter removed from the vehicle daily floors and seats vacuumed fortnightly internal upholstery wiped with a damp cloth at least monthly windows cleaned on a fortnightly basis exterior of the vehicle washed on a fortnightly basis. Council will not reimburse costs related to the cleaning of vehicles such as car washes etc. 5

7 Any vehicle which is stored overnight at the home of a Council employee due to on call requirements or the existence of a commuter or private use agreement, should be parked offstreet and preferably in a locked garage, where possible. No advertising stickers or signage can be attached to a vehicle unless approval has been granted by the General Manager, or nominated delegate. 11. Authorised Drivers A Council vehicle may be driven by the following: a Council employee for Council business, including an employee who holds a Learner or Provisional Licence by a licensed driver in emergencies, being defined as when a Council employee is unable to drive the vehicle due to personal difficulties, injury or illness. For employees with private use the following additional persons may drive the vehicle. a relative of the employee who is a member of the same household, where for the purposes of this paragraph: (a) (b) (c) 'relative' means a person related by blood, marriage or affinity. 'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and 'household' means a family group living in the same domestic dwelling the nominated employee for private purposes the partner and immediate family member of the employee outside the employee s normal working hours, subject to the partner and immediate family member being the holder of an appropriate current driver s licence and is a member of the same household. the holder of an appropriate current driver s licence (including learner drivers) when accompanied by the employee or the employee s partner and is a member of the same household. 12. Driver Responsibilities Each driver of a Council vehicle is responsible to ensure that they: hold a current driver s licence applicable to the type of vehicle to be driven, evidence of which must be provided upon request, and a copy provided to Human Resources on renewal notify their supervisor/manager immediately of any suspension or cancellation (either in whole or in part) of that licence, and cease to drive the Council vehicle immediately drive the vehicle in a safe and responsible manner, with due regard to road and traffic conditions do not drive the vehicle if affected by prescription drugs or alcohol participate in any safe driving/defensive driving programs and/or assessments initiated by Council. In addition, prior to each trip, the driver is responsible to ensure the general roadworthiness of the vehicle and its suitability for the trip/work to be undertaken. This may include the checking of fuel, oil, coolant, brake fluid, lights, windscreen washers, water, battery and tyre tread and pressure and taking corrective action where necessary. 6

8 13. Traffic Offences 14. Fuel Council employees will be responsible for parking and traffic fines or infringements arising from the use of the vehicle incurred whilst the vehicle is under their control. Under control will be recognised by the signing of the Vehicle Driver Register (sample as per Appendix A) which is to be maintained for all Council vehicles. If the driver register has not been signed, the General Manager, or nominated delegate, will determine responsibility for fines or infringements based on the available information for the vehicle. Only manufacturer s specified fuel is to be used in Council vehicles. Fuel may be supplied through Council s depot fuel facilities, through fuel cards, if provided for that purpose, or by direct purchase by the employee during periods of private use, if outside the 200km permitted fuel radius, as per appendix B to this document. Council fuel cards cannot be used for private use of the Council vehicle, where the employee is outside the 200km fuel radius as per appendix B. Employees must retain a copy of all purchase receipts and submit these to Council's accounts section for reconciliation of the fuel account. The current odometer reading of the vehicle is to be provided on all occasions when fuel is added to the vehicle using the depot facilities or fuel card. 15. Load Restraints Employees are required to correctly secure loads on vehicles to minimise the risk of accidents and injuries to employees and to the public. The correct restraint appropriate for the load must be assessed prior to transport. 16. Accidents Should any Council vehicle be involved in an accident (however minor), the driver is to stop immediately and make the accident scene as safe as possible. In addition, the driver must: ensure Police and/or Ambulance are called if: o a person is killed or injured o a person fails to stop and/or exchange information o a vehicle is required to be towed away. provide the other driver with his/her name and Council contact details obtain details from the other party, including: o name, address and licence number o telephone number o vehicle registration o make of vehicle o colour o nature of damage to other party s vehicle o insurance details if available avoid making any comment to the other party with regard to the cause of the accident or fault of either party 7

9 provide any information and co-operation required by emergency services authorities who may attend the scene of the accident. Should either party to the incident sustain an injury, however minor, the driver must contact the relevant Group Manager or Human Resources as soon as possible. Each accident that results in damage to vehicles is to be reported within 24 hours by completing an Accident/Incident Report Form and forwarding to the Fleet Co-ordinator. All accidents will be investigated by the Fleet Co-ordinator in conjunction with Council s Work Health and Safety staff to assist with accident prevention strategies. Depending on the incident, employees may also be directed to complete an insurance claim form. Should a pattern of recurrent damage and/or negligence by an employee to a Council vehicle or third party property be substantiated, the General Manager, may, in consultation with the employee and relevant Group Manager, direct the employee to: pay any insurance excess OR pay the cost of repair for incidents: o up to the value of the insurance excess of the current Council motor vehicle insurance policy for each incidence of damage or o in full if the insurer reasonably refuses liability. Where it is determined by Council s insurer that there is no insurance coverage (i.e. employee under the influence of an illegal substance or over the legal alcohol limit) then the employee will be liable for all costs related to the repair of the vehicle. 17. Uses Not-Permitted No vehicle will be used in / for: a car rally or a competition for a commercial purpose for off-road recreational purposes for any other purpose which may reasonably be expected to cause damage or undue wear and tear on the vehicle. Smoking is not permitted in any vehicle at any time. 18. Log Books The General Manager, or nominated delegate, can, at any time, require the completion of a vehicle log book for a specified time (typically 12 weeks). 19. Document Reviews The General Manager, or nominated delegate reserves the right to review and amend this document as required. As a minimum this document should be reviewed annually 20. Leaseback Agreements All employees approved to take home a Council vehicle (commuter or private use) must sign a leaseback agreement for the use of that vehicle. The agreement is to be approved by the General Manager, or nominated delegate. A new agreement must be signed each time an employee s vehicle is replaced. A new agreement may also be required, subject to the determination of the General Manager, if an employee changes their principal place of residence. All lease holders must notify the Fleet Co-ordinator of any change in their principal place of residence. 8

10 21. Taxation Implications Council takes no responsibility for any personal taxation liability arising from the signing of a private or commuter use lease agreement. It is the responsibility of the employee to seek their own financial advice as to any personal taxation implications that may arise from entering into an agreement. 22. Disputes Any disputes will be negotiated where possible between the employee and the relevant Group Manager. Where necessary, the General Manager will make the final decision with regard to disputes. The General Manager will ensure all disputes are managed in accordance with Award requirements. 23. Fees The fees payable for commuter and private use will be calculated in an attempt to ensure all private use is paid for by the lessee, as per appendix C. The fees will be reviewed, as a minimum, annually, and further reviews may be conducted if the assumptions on which the calculations are based vary during the year. Extra weekly fees may be charged for employees who reside outside a 40 km radius from their normal place of work, as outlined in appendix B and as per the fee calculations in appendix C. 24. Other Costs Council will be responsible for all costs other than those specified in the agreement. The employee will reimburse Council for any costs incurred by Council in the cleaning or repairing of the vehicle in excess of Council s reasonable assessment of normal wear and tear that would be expected if the vehicle had been used and cared for strictly in accordance with this agreement. Damage in excess of normal wear and tear includes, but is not limited to torn or stained interior upholstery and / or broken / cracked interior components. 25. Notice to Employees Employees must be provided with a minimum of two month s notice, or less subject to the agreement of both parties, in respect to any changes to the terms and conditions of their leaseback agreements, excluding termination of any agreement. 26. Termination Commuter use agreements can be terminated with two month s written notice by either party. Private use agreements can be terminated with 12 month s written notice by Council or with six month s notice by the employee, subject to any relevant Award provisions. The above mentioned periods will not apply in instances where an employee leaves the employment of Council, changes positions within Council to a role where a car is not allocated, or has access to a vehicle removed as part of a disciplinary process, or as a result of a driving related conviction. A notice period of three months will apply where an employee asks to change from commuter to private use (where that position has been given prior approval for private use lease which is not being exercised). Employees are not entitled to transfer from private use to commuter use, except as approved by the General Manager, in extenuating circumstances, with the General Manager being the sole determinant of those extenuating circumstances. Lesser periods can apply for the purpose of this clause, subject to the agreement of both parties. 9

11 Appendix A Vehicle Driver Register (example only) Date Depart Time Return Time Driver s Name Date Depart Time Return Time Driver s Name 10

12 Appendix B 200 KM Fuel and 40 KM Commuter and Private Use Radius 11

13 Appendix C Fee Calculations Private Use Fees - Objective - To fully offset FBT as a minimum based on 48 week year Vehicle Class Base Model Fuel Type Average Purchase Price ($) 20% FBT ($) 013/14 % Increase Class 1 (Hatch) Petrol 21, Class 2 (Sedan) Petrol 24, Class 2 (Wagon) Petrol 25, Class 3 (Sedan) Petrol / Diesel 28, Class 3 (Wagon) Petrol / Diesel 31, Class 4 (AWD) Petrol / Diesel 31, ix35 (existing pre June 2013) Petrol / Diesel 31, The ix35 is currently underpriced in respect to the weekly fee therefore existing lease holders will have their fees increased by the 10% maximum allowed as per the Council Award. For new lessees the higher increase will apply. This fee schedule reflects the base class of vehicle only, with Council retaining full discretion in regards to the selection of vehicle make / model. The vehicles provided under each class will be constantly reviewed and may be subject to change given fluctuations in the new and used car market. Higher Specified Vehicles Council will allow private use lessees to access vehicles with one higher specification than the base model, subject to the approval of the General Manager, or nominated delegate. The lessee will be totally responsible for any extra costs incurred by Council with those costs to be recouped by an increased lease fee as determined by the General Manager, or nominated delegate. Vehicle Class Base Model Fuel Type Higher Specified Vehicle (currently available to Section Managers) Average Purchase Price ($) 20% FBT ($) 013/14 % Increase Class 1 (Hatch) Petrol 21, Class 2 (Sedan) Petrol 24, Class 3 (Sedan) Petrol / Diesel 28, Class 4 (Wagon) Petrol / Diesel 31, Private use and flexible work hours Council will charge additional fees where employees are working approved variable hours resulting in the Council owned or leased vehicle being available for less full days than other Council vehicles. The tiered approach to this structure is as follows: 19 day month No surcharge on standard fee; 9 day fortnight 10% surcharge on standard fee; 4 day week 25% surcharge on standard fee (not currently permitted). This surcharge is based on the reduced number of days, on average; the vehicle is available to Council, as compared to a standard user. Commuter Use Fees (currently only payable on vehicles subject to FBT) Vehicle Class 2013/14 % Increase % Increase 2015/ /16 All vehicles Accessory Fees Vehicle Class 2013/14 % Increase % Increase 2015/ /16 Window Tinting Roof Racks Tow Bar Qualification All future fees are indicative only and may change. Additional Charges for High Travel Distances Council may also charge additional weekly fees, at the General Manager s discretion, for employees who reside outside a 40km radius from the employee s workplace, with this radius defined in Appendix B, in recognition of the additional private use gained. In determining whether additional fees should be paid the General Manager will take into account factors such as employee duties and market forces. This additional charge will only be applied to new commuter or private lease arrangements for employees who commence employment with Council from 1 May 2013 onwards. The extra charge will be based on the following formula: Charge = Private use outside 40km radius to 12

14 normal place of residence multiplied by price per litre, multiplied by average fuel consumption for the type of vehicle, divided by