Utah Admin. Code R27-1-2 - Definitions
(1) The following
terms are defined for use under Title R27.
(a)
"Accident" means any mishap in which a state vehicle is involved, which results
in harm or injury to persons, or damage to property, regardless of fault, total
cost of treatments, or repairs.
(b)
"Agency" has the same meaning as provided in Subsections
63A-9-101(1)(a), (b), and
(c).
(c) "Alternative Fuel Vehicle (AFV)" means a
vehicle designed and manufactured by an original equipment manufacturer to
operate on one or more fuels other than traditional gasoline or diesel fuel.
Examples of alternative fuels include electricity, biodiesel, compressed
natural gas, propane, hydrogen, methanol, ethanol, and any other vehicle fuel
source approved by the federal government's Department of Energy
(DOE).
(d) "Authorized Driver"
means any agency employee who has been identified as having the authority,
within their scope of employment, to operate a state vehicle on the agency's
behalf. An authorized driver shall hold a valid driver license and shall
successfully complete the specific authorized driver training and other
criteria required by the division, Risk Management, and the employing agency
for the vehicle type that will be operated. An authorized driver may also be
referred to as operator, driver, employee, or customer.
(e) "Authorized Passenger" means any state
employee acting within the scope of their employment, or any other person or
animal whose transport is either necessary for the performance of the
authorized driver's or passenger's employment duties or has been pre-approved
by the agency head to accompany an authorized driver or passenger.
(f) "Capital Lease Vehicle" means any vehicle
with a lease designed to recover the vehicle cost. The division also charges
rates for administrative costs. Maintenance, repair, and safety recalls costs
are the responsibility of the agency that leases the vehicle from the division.
Capital leases are subject to division approval.
(g) "Citizen Complaint" means a complaint
reported by a citizen to the division.
(h) "Commute Use" means use of a state
vehicle by an employee driving between the employee's residence and the
employee's assigned work location more than one calendar day per month. Commute
use is subject to the Commuting Rule as outlined in
26 CFR
1.61-21.
(i) "Department" means the Department of
Government Operations.
(j)
"Division" means the Division of Fleet Operations.
(k) "Driver Eligibility Board" means the
panel formed to determine an authorized driver's state vehicle driving
privileges.
(l) "Emergency Vehicle"
means a state vehicle which is primarily used for providing law enforcement and
public safety services, including fire services or emergency medical
services.
(m)
(i) "Employee" includes:
(A) a governmental entity's officers,
employees, servants, trustees, or commissioners;
(B) members of a governing body;
(C) members of a governmental entity's
board;
(D) members of a
governmental entity's commission;
(E) members of an advisory body, officers,
and employees of a Children's Justice Center;
(F) student teachers holding a license issued
by the State Board of Education;
(G) educational aides;
(H) students engaged in
internships;
(I) volunteers as
defined by Subsection
67-20-2(3);
and
(J) tutors.
(ii) "Employee" includes the positions
identified in Subsection (m)(i) whether or not the individual holding that
position receives compensation.
(iii) "Employee" does not include an
independent contractor.
(iv)
"Employee" does not include an individual serving in a correctional
program.
(n) "Expansion
Vehicle" means an additional permanent vehicle requested by an agency. The
purchase of an expansion vehicle requires legislative approval.
(o) "Feature" means any option or accessory
that is available from the vehicle manufacturer.
(p) "Full-Service Lease" means a type of
lease designed to recover vehicles costs. The division also charges rates to
cover administrative costs, maintenance and repair costs, and other variable
costs.
(q) "Heavy-duty Vehicle"
means any motor vehicle having a gross vehicle weight rating (GVWR) greater
than 26,001 pounds.
(r) "Light-duty
Vehicle" means any motor vehicle having a GVWR of 10,000 pounds or
less.
(s) "Medium-duty Vehicle"
means any motor vehicle having a GVWR of 10,001 to 26,000 pounds.
(t) "Miscellaneous Equipment" means any
equipment, enhancement, or accessory that is installed on or in a motor vehicle
by persons other than the original vehicle manufacturer, and other non-fleet
related equipment. Includes light bars, 800 MHz radios, transits, surveying
equipment, traffic counters, semaphores, and diagnostic-related
equipment.
(u) "Motor Pool" means a
centrally located group of state vehicles that is made available to agencies
for lease on a short-term basis.
(v)
(i)
"Motor Vehicle" has the same meaning as provided in Subsection
63A-9-101(7).
(w) "Motor Vehicle Review Committee (MVRC)"
means the committee created under Section
63A-9-301.
(x) "Moving Violation" means a breach of
traffic laws which occurs while the driver's vehicle is in motion.
(y) "Non-preventable Accident" means any
occurrence involving a state vehicle which results in an accident in which
everything that could have been reasonably done to prevent it was done and the
accident still occurred. Non-preventable accidents shall include vandalism of
state vehicles being used to conduct state business.
(z) "Non-road Vehicle" means a vehicle,
regardless of GVWR, that is not licensed for on-road use. Non-road vehicles
include vehicles used principally for construction, golf carts, airplanes, farm
tractors, snowmobiles, forklifts, off-highway vehicles, and boats.
(aa) "Personal Use" means the use of a state
vehicle to conduct an employee's personal affairs, not related to state
business.
(bb) "Preventable
Accident" means any occurrence involving a state vehicle, which results in
property damage or personal injury, regardless of who was injured, what
property was damaged, to what extent, or where it occurred, in which the
authorized driver in question failed to do everything that could have
reasonably been done to prevent it.
(i)
Preventable accidents are not limited to collisions.
(ii) Preventable accidents include damage to
the interior of the state vehicle due to improperly locked doors, smoke or burn
damage caused by smoking in the vehicle, or lack of general care of the
vehicle's interior.
(cc)
"Preventive Maintenance (PM)" means vehicle services conducted at regular time
intervals to deter mechanical breakdowns, including lube, oil, and filter
changes.
(dd) "Replacement Cycle"
means the criteria established by the division to determine when the
replacement of a state vehicle is necessary.
(ee) "Replacement Vehicle" means a vehicle
purchased to replace a state vehicle that has met replacement cycle
criteria.
(ff) "SSFV" means a
"Standard State Fleet Vehicle," which is the vehicle designated by the division
as the default replacement vehicle for the state fleet.
(gg) "State Fuel Network" means the state
program that provides an infrastructure for fueling state vehicles.
(hh) "State of Utah Fuel Card" means a
purchase card assigned to a vehicle person or other motorized equipment by the
State Fuel Network program, to be used when purchasing fuel.
(ii) "State Vehicle" means each motor vehicle
owned, operated, or in the possession of an agency, also to include any vehicle
procured with state funds for state business such as a rental
vehicle.
(jj) "Take-home Use" means
use of a state vehicle by an employee driving a state vehicle between the
employee's place of residence and the employee's assigned work location more
than one calendar day per month. Take-home use is exempt from the Commuting
Rule as outlined in 26 CFR
1.61-21.
(kk) "Variable Costs" means costs including,
fuel, oil, tires, services, repairs, maintenance, and PM.
(ll) "Vehicle Identification Number (VIN)"
means the number issued by the vehicle manufacturer to identify the vehicle in
the event of a theft. This number can be found on the driver's side of the
dashboard below the windshield.
(mm) "Vendor" means any third party offering
sales or services for state vehicles, such as PM or repair services.
Notes
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