SECTION: 29 VECHICLE USE OCTOBER 2009 Page 1 of 11

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1 SECTION: 29 VECHICLE USE OCTOBER 2009 Page 1 of POLICY STATEMENT a) It is the Policy of the Town of Penetanguishene that Town vehicles shall be used whenever possible by Employees on municipal business. b) When a Town vehicle is not provided or the use of a Town vehicle is not possible, the Employee may use their personal vehicle subject to the terms and conditions of this Vehicle Use Policy. c) Whenever possible, Employees travelling to the same destination on municipal business should car pool. d) Use of a Town vehicle shall be booked with the appropriate Department and all Employees shall note the mileage at the beginning and end of the use in the log book provided. e) Upon approval by the Employee s Department Head, the Town shall reimburse an Employee for the use of their vehicle at the approved mileage rate. f) In accordance, the Staff Training, Development & Membership policy, the Town may arrange for a rental vehicle under specified circumstances in lieu of Town vehicle or personal vehicle use POLICY FOR USE OF PERSONAL VEHICLE a) A personal vehicle may only be used if a Town vehicle is not available for use or when the use of a Town vehicle would require additional travel. Additional travel is defined as additional mileage of 20 kilometres or more that would be traveled in the Town vehicle to the same destination, if used. b) Town vehicles provided for inspection/enforcement, infrastructure maintenance and/or emergency response purposes shall not be taken outside of the jurisdiction unless the Department Head and C.A.O. are satisfied that: i) there will be no impact on municipal operations, and ii) the use of the Town vehicle will not result in the use of personal vehicles by other Employees due to the unavailability of the Town vehicle. c) It shall be the sole responsibility of the Employee to ensure that appropriate and adequate insurance is in place for the use of a personal vehicle on Town business. Employees should consult with their Insurance broker to ensure the Auto Coverage

2 Page 2 of 11 they have is suitable for business use with their vehicle. While a minimum of $2 million liability insurance is recommended by the Town for the protection of the Employee, a minimum of $1 million liability insurance is required in the event that a personal vehicle is used on municipal business. d) A claim for mileage reimbursement for use of a personal vehicle shall be submitted on the appropriate form to the Employee s Department Head on a monthly basis for approval prior to submission to the Finance Department for payment. e) A claim for mileage reimbursement shall only be submitted for use of a personal vehicle on municipal business. Driving to and from home to work for any reason does not qualify as municipal business. Any employee who works from home and travels to a Town workplace on an occasional basis as part of their duties does not qualify for mileage. f) In general terms, the Employee shall indicate on the claim form the date, reason and destination(s) that generate the kilometres claimed as mileage. g) The Finance Department shall reimburse the Employee upon receiving an approved claim form based on the rate of $0.46 per kilometre effective May 1, h) The mileage rate per kilometre shall be reviewed once every three years by comparing rates for other Simcoe County municipalities, the Comparator Municipalities established by Council from time to time and the Revenue Canada Agency rate for travel allowance and/or the C.A.A. Driving Costs guide. i) The Mileage Claim form for Personal Vehicle Use is attached as Appendix N. j) The following safety protocols are to be followed by Employees who drive their own personal vehicle on Town business. Failure to follow these safety protocols may result in disciplinary actions up to and including dismissal from the Corporation. i) The use or operation of a cell phone or other electronic devices (such as a blackberry or GPS) is prohibited when the vehicle is in motion. When the Province of Ontario enacts legislation in relation to the use of cell phones or other electronic devices, the more restrictive policy shall prevail unless an exemption for certain hands free devices is provided in the Provincial legislation or regulation. ii) iii) The transportation of alcoholic beverages or consumption while on Town business is prohibited. No hitchhikers.

3 Page 3 of 11 iv) All drivers and persons being transported are required to wear seat belts. v) No smoking while on Town business k) All employees who drive their own personal vehicle on Town business are required to provide the following to the Town: i) Copy of a valid and unrestricted Driver s Licence (G2) on an annual basis ii) Written release at the time of hire or implementation of this policy to permit a Driver s Abstract to be obtained by the Town and reviewed on an annual or as needed basis at the Town s expense. iii) Provide proof of insurance coverage to the Town on an annual basis. l) In addition to mileage, the Town shall reimburse an Employee for the payment of toll road charges in the event that these charges were incurred as a result of travel while on municipal business. Toll charges are to be added to the mileage claim form with a copy of the invoice detailing the date, time and location of the toll charge. The Town is not responsible for any monthly transponder or other fees which may be incurred by the Employee as a result of toll highway use. Notwithstanding reimbursement by the Town, the Employee continues to be responsible for payment of any toll charges POLICY ON USE OF MUNICIPAL VEHICLE FOR MUNICIPAL BUSINESS a) The use of a Town vehicle is for municipal business only unless the vehicle is provided by the Town as a taxable benefit. b) All Employees who use a Town vehicle for travel to and from their home to work and/or who have a vehicle provided by the Town, shall be subject to a taxable benefit in accordance with the Canada Revenue Agency guidelines for Taxable Benefits and Allowances. A determination of whether an Employee qualifies for a taxable benefit shall be made by the Town upon the implementation of this policy. c) Only employees of the Town are permitted to operate a Town vehicle (owned, rented, leased and/or loaned to the Town). d) Non Employees are prohibited from operating Town vehicles such as Agency and/or Pool Labour (short term temporary workers employed by others) and/or coop students or other unpaid work placements with Town Departments from local high schools or other programs.

4 Page 4 of 11 e) To operate a Town vehicle that is a passenger vehicle, an Employee must have, as a minimum, a valid and unrestricted G2 Driver s Licence or such other Licence as may be required from time to time under the Highway Traffic Act or its regulations. f) The family members and relations of an Employee are prohibited from operating a Town owned vehicle (Licenced or unlicenced). g) No person under the age of 18 years shall be transported in a Town vehicle for any reason unless such person is an Employee of the Town or is a Co-op Student during a work placement, is a Town volunteer or other authorized person engaged in a Town sanctioned activity. h) No person other than a Town Employee may be transported in a Town vehicle. In addition to the persons under the age of 18 as noted above the only exceptions are: i) a member of Town Council, Board, Committee or volunteer as part of a Town sanctioned event, or ii) an employee, member of Council, Board, Committee or volunteer of another municipality or similar public agency who may be car pooling to a training or other Town sanctioned event i) Town vehicles shall not be permitted outside of the limits of the Town without authorization of the immediate Supervisor. Authorization shall be deemed to be granted when an Employee is engaged in work duties as set out in their job description, is attending a Town sanctioned function or event and to complete an assignment as directed by their Supervisor. j) Any prospective Employees who drive Town vehicles as a job requirement shall provide a Driver s Abstract (for all Licences) and CVOR Report (for AZ or DZ Licences) at their expense prior to a formal job offer from the Town. Prospective employees who have outstanding fines and/or a series of Highway Traffic Act offenses during the previous 3 years may not be considered for employment. Prospective employees whose Driver s Abstract includes a record of driving under the influence of alcohol or other illegal substances will not be considered for employment with the Town. The Town will establish a rating system to review Driver s Abstracts and CVOR records to determine eligibility for employment. Said rating shall be used only to determine eligibility for employment and will not be disclosed to any other person or agency without the prospective employee s consent.

5 Page 5 of 11 k) Employees who drive Town vehicles as part of their duties shall maintain a clean driving record. Each Employee permitted to operate a Town Vehicle (Licenced or non-licenced) shall provide a written release to permit Driver Abstracts to be obtained by the Town and reviewed on an annual or as needed basis at the Town s expense. The Town will establish a rating system to review Driver s Abstracts and CVOR records. Said rating shall be used only to determine eligibility for driving privileges and will not be disclosed to any other person or agency without the Employee s consent. l) Town vehicles may be provided to Employees on call after hours or on weekends, if in the opinion of the C.A.O. and Department Head, it is to the Town s advantage to have a Town vehicle immediately available for use. In making this determination, the C.A.O. and Department Head will take into account whether the Employee is required: i) by legislation or regulation to perform regular maintenance checks or inspections as part of a Certificate of Approval or Licensing requirements in the evenings or on weekends; ii) by legislation or regulation to respond within a set period of time to an emergency or call for assistance; or iii) to have immediate access to specialized vehicle or equipment stored within, or attached to, the Town vehicle in order to respond to an emergency or call for assistance. m) The purpose of the Town vehicle is exclusively for an On Call Employee travel to and from the workplace during the On Call period and/or travel to and from a worksite in response to an emergency or a call for service (i.e. activated alarm) or to perform required maintenance checks. A Town vehicle may not be used by an On Call Employee for any personal use. The only exception is an On Call Employee with a taxable benefit. n) Any Highway Traffic Act, parking or similar offences during the use of a Town vehicle are the responsibility of the Employee. o) Alcoholic beverages shall not be transported in a Town vehicle. The only exception is the transport of alcohol to or from a Town function Licenced under a Special Occasion Permit by the event organizers. p) The use of an illegal substance or alcohol before or during the operation of a Town vehicle is strictly prohibited. An Employee found to be in violation of this policy shall have their driving privileges suspended by the Town and this violation will be

6 Page 6 of 11 considered a serious disciplinary matter to be dealt with in accordance with the Substance Abuse or other Town Policy. q) In the event of an accident involving a Town vehicle, the Employee should: Remain as calm as possible Check for injured persons and administer First Aid only to the extent of your training. Do not attempt to move an injured person if you are not qualified to do so. Obtain any necessary assistance from Ambulance, Fire and Police, including medical treatment for yourself and others As soon as you are able, make notes on the date, time and location of the accident, including as many details as you can remember. Take photographs if a camera is available. Fill out the Town Accident Report Form and submit to the Health & Safety Coordinator. Discuss the accident only with responding emergency services personnel and authorized Town officials. r) The following safety protocols are to be followed by all drivers and will be subject to disciplinary actions from the Town, up to and including dismissal from the Corporation. s) i) The use or operation of a cell phone or other electronic devices (such as a blackberry or GPS) is prohibited when the vehicle is in motion. In the event that the Province of Ontario enacts legislation in relation to the use of cell phones or other electronic devices, the more restrictive policy shall prevail unless an exemption for certain hands free devices is provided in the Provincial legislation or regulation. ii) The transportation of alcoholic beverages or consumption while on Town business is prohibited. iii) No hitchhikers or unauthorized persons. iv) All drivers and persons being transported are required to wear seat belts. v) No smoking at any time.

7 Page 7 of 11 t) For use of a Town vehicle, an Employee and the Town accept the following responsibilities: Issue Driver s Responsibility Town s Responsibility Driver Training Obtain appropriate Driver s Licence as required for position and/or vehicle at own expense, including driver training. Provide refresher training for drivers of Town vehicles on an occasional basis as part of the Health & Safety program such as: Defensive driving Winter driving Status of Driver s Licence Maintain Driver s Licence in good standing at all times. Inform immediate Supervisor in writing of any loss of Driver s Licence or restriction placed on Licence within 24 hours. Heavy Equipment training Town to confirm type and status of Driver s Licence and/or CVOR at time of hire. Town to ensure that annual update is provided at time of Performance Review. Insurance on Vehicle Status of Licence of Vehicle Accidents involving Town vehicles Verify that insurance certificate is in Town vehicle Verify that Licence is up to date Follow Town Guidelines for response to and reporting of accidents. Follow policy outlined below in the event that a Driver s Licence is revoked, restricted or suspended. Provide insurance coverage for Town owned vehicles Notify Town insurers of any new Town vehicles at the time of purchase. Ensure that Licences for all Town vehicles are obtained and maintained. Obtain copy of Police Report Conduct internal investigation in accordance with Accident Reporting protocol under the Health & Safety Policy Report accident to Town Insurer and notify Insurance

8 Page 8 of 11 HTA Charge or Criminal Code charges not related to alcohol/illegal substance Report in writing to Supervisor on next business day Pay any related fines Obtain any independent legal or other advice at own expense and on own time. Adjuster Obtain copy of Police Report if any. Take disciplinary action as deemed appropriate. Confirm whether fines have been paid and/or charges have been cleared at the time of the next Performance Review. u) For use of a Town vehicle or use of a Personal Vehicle for Town business, the following policy applies to an Employee whose Driver s Licence is revoked, suspended or restricted: Licence Restriction Loss of Driver s Licence Action to be taken by Employee Immediately inform Supervisor of loss of Licence and confirm in writing on next business day. Immediately cease driving of all Town vehicles and/or personal vehicle Call Supervisor for assistance to pick up Town vehicle and/or Employee, if loss occurs during the workday while on Town business. In the event that transportation is required, the Employee shall be responsible to arrange for their own transport for work purposes at their own expense. (i.e. taxi). Action to be taken by Town Supervisor to immediately advise Department Head and C.A.O. Employee s work does not require the driving of Town vehicle on a regular basis, no disciplinary action will be taken. Employee s work requires the driving of a Town vehicle on a regular basis and the employee is on probation, the Employee shall be terminated with notice. Employee s work requires the driving of a Town vehicle on a regular basis and the

9 Page 9 of 11 Employee is not able to perform their duties, the Town may, at its sole discretion, offer the Employee modified work duties only if such work is available. Employee s work requires the driving of a Town vehicle on a regular basis and the suspension is for medical reasons, the Town will make its best effort to accommodate the Employee with modified work duties in consultation with their physician. If no suitable modified work is available, the C.A.O. in consultation with the Department Head and Human Resources Committee may offer the employee an alternate position. If the Employee is unable to perform their regular duties and the Licence suspension is not medically related and the Town determines that no modified work is available, the Employee may be terminated with notice. Any recommendation to terminate shall be reviewed by Human Resources Committee and approved by Council.

10 Page 10 of 11 Licence Suspension for Alcohol, Street Racing or other Criminal Code Offense Immediately inform Supervisor of suspension of Licence and confirm in writing on next business day. Immediately cease driving of all Town vehicles Call Supervisor for assistance to pick up Town vehicle and/or Employee, if suspension occurs during the workday. In the event that transportation is required, the Employee shall be responsible to arrange for their own transport for work purposes at their own expense. (i.e. taxi). In the event that the special restrictions are included in a Court Order for the period following a Licence Suspension, the Employee shall be responsible for all costs associated with any such requirements. Supervisor to immediately advise Department Head and C.A.O. Employee s work does not require the driving of Town vehicle on a regular basis, no disciplinary action will be taken. Employee s work requires the driving of a Town vehicle on a regular basis and the employee is on probation, the Employee shall be terminated with notice. Employee s work requires the driving of a Town vehicle on a regular basis and the Employee is not able to perform their duties, the Town may, at its sole discretion, offer the Employee modified work duties only if such work is available. If the Employee is unable to perform their regular duties and the Town determines that no modified work is available, the Employee may be suspended without pay for the duration of the Licence suspension and/or terminated with cause. Any recommendation to

11 Page 11 of 11 terminate shall be reviewed by Human Resources Committee and approved by Council.