W. Va. Code R. § 148-3-9 - Minimum Utilization

9.1. To ensure proper utilization and to justify the size of the state's fleet, state-owned vehicles must meet an annual average minimum monthly mileage of 1,100, less any commuting miles.

9.2. For vehicles with an annual average of less than 1,100 miles per month, if the spending unit wishes to retain the vehicle, the spending unit must request a waiver from the minimum mileage required in Subsection 9.1 of this section. The request shall be submitted to the Fleet Management Division on the prescribed form. A waiver granted by the Fleet Management Division is valid until the end of the fiscal year and must be resubmitted by the spending unit annually.

9.3. Requests for waiver of the average minimum monthly mileage will be categorized as follows:

9.3.a. PSV - Vehicles assigned to public safety officers.

9.3.b. SEV - Vehicles assigned to employees whose job duties require the constant use or continuous availability of specialized equipment which cannot feasibly or economically be transferred between a pool vehicle or carried in personal vehicles. Such equipment may include medical supplies, monitoring or testing equipment, or equipment necessary to carry out the mission of the spending unit.

9.3.c. ERV - Vehicles assigned to employees who are on call 24-hours a day, or who must respond to emergencies on a regular or continuing basis where the location requiring the emergency response is not the employee's regular workplace.

9.3.d. ETV - Vehicles assigned to employees for essential travel related to the transportation of authorized passengers on a routine basis; or for the essential administrative functions of a spending unit for which the use of a temporary assignment vehicle, daily rental vehicle, long-term lease vehicle, or use of a person vehicle with mileage reimbursement is neither feasible or economical.

9.3.e. ENV - Vehicles that are free of liens and are both economical and necessary for the spending unit to fulfill its necessary functions. No more than 20 percent of the spending unit's vehicles may be granted a waiver under this justification.

9.4. In requesting a waiver from average minimum monthly mileage for vehicles categorized according to subdivision 9.3.b. or subdivision 9.3.c. of this subsection, the spending unit must report the number of times a vehicle was used annually outside of the employee's regular work schedule.

9.5. The Fleet Management Division will notify the spending unit in writing of its approval or rejection of the request for waiver of average minimum monthly mileage within 15 days of receipt of the request.

9.6. The spending unit may appeal the decision of the Fleet Management Division for request for waiver of average minimum monthly mileage to the Secretary of the Department of Administration. The appeal must be received by the Secretary within 15 days of receipt of the decision of the Fleet Management Division.

9.7. After a final denial of waiver of average minimum monthly mileage of a state-owned vehicle, or if the spending unit voluntarily surrenders a vehicle that is under-utilized, the Fleet Management Division may recommend an inter-agency transfer of the vehicle to another spending unit, or may recommend transferring the vehicle to the State Agency for Surplus Property for disposition.

9.7.a. In the event of an inter-agency transfer of a vehicle that is not subject to a financing arrangement, the spending unit acquiring the transferred vehicle shall pay to the spending unit transferring the vehicle an amount equal to the expected sale proceeds by the State Agency for Surplus Property at the end of the useful life of the vehicle based upon comparable salvage values obtained by the State Agency for Surplus Property when that agency sells retired vehicles. The payment shall be reduced by an amount equal to the fee that would have been collected by the State Agency for Surplus Property if it were selling the vehicle after retirement. The payment may be waived in whole or in part by the transferring spending unit.

9.7.b. If a vehicle that is subject to a financing arrangement is transferred to another agency because of under-utilization, the spending unit receiving the vehicle will make all remaining payments on the debt obligation of the vehicle after the date of transfer.

9.7.c. For vehicles not subject to a financing arrangement, a new title for the transferred vehicle will be issued with the receiving spending unit as owner.

9.7.d. After the transfer, the receiving spending unit will be responsible for all routine maintenance and operating costs of the vehicle. The spending unit shall input the vehicles identifying information into the centralized inventory database maintained by the Enterprise Resource Planning Board.

9.8. An inter-agency transfer of a state-owned vehicle does not constitute authority of the receiving spending unit to increase its fleet size. The receiving agency must have requested authority to purchase an additional state-owned vehicle to be eligible to receive a vehicle through an inter-agency transfer.

9.9. The transferring spending unit may not replace the transferred vehicle with another vehicle without requesting authority to add another vehicle to its fleet from the Fleet Management Division.

Notes

W. Va. Code R. § 148-3-9