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HomeMy WebLinkAboutR&R 102.02B NEW 4-2017_Driver's License & Driving Safety Regulations Beaumont Fire-Rescue Services RULES & REGULATIONS RULES & REGULATIONS RULES & REGULATIONS 102.02B – Driver’s License & Driving Safety Regulations Effective: 4/5/2017 Revised: Anne Huff, Fire Chief Replaces: I. Guiding Philosophy Safety and accident prevention underscore the mission of the fire service. To keep ourselves, our family at home, our family at the firehouse, and those in our communities safe, we are committed to working together and doing our best to: Minimize accidents, injuries and exposures. Create and sustain a Think Safety First culture based on our managed-risk philosophy. II. Purpose The purpose and goal of this policy is to communicate the regulations associated with driver’s licenses and driving safety. III. Definitions A. Accountability – The obligation of an individual or organization to account for and justify one’s actions and/or decisions, to accept responsibility and associated consequences, and to disclose the outcomes in a transparent manner. B. Aggravating Factors – Any facts regarding the circumstances surrounding an accident, injury or exposure that may increase responsibility for the occurrence. C. At-Fault – When looking at the totality of the circumstances surrounding the accident, the member(s) actions and/or behavior were deemed to be more than 50% of the cause, failure to prevent, or other contributing factor(s) leading to the accident occurrence. At-Fault accidents are preventable. D. Change in Status – When an individual’s previously valid driver’s license is subsequently expired, refused, cancelled, revoked or suspended. E. Driving Position – A job which requires operating a vehicle on City business or operating a vehicle as a part of its range of duties. F. Major Injuries – Those injuries requiring hospital admittance (firefighters or citizens). G. Mitigating Factors – Any facts regarding the circumstances surrounding an accident, injury or exposure that may decrease responsibility for the occurrence. H. Moderate Injuries – Those injuries that require the firefighter(s) to miss more than one duty period or cause non-fire department members to seek medical treatment beyond first aid. I. Restricted Occupational License – Also called an essential need license, is a special type of restricted license issued to individuals whose driver’s license has been suspended, revoked or denied for certain offenses other than medical or delinquent child support. V. Driver’s License Regulations A. All members are expected to maintain an acceptable driving record and comply with any and all restrictions placed on their license. B. All members will adhere to City policy 3-8—Safety/Safe Driving unless otherwise specified in these regulations. C. All members must have their driver’s license number, class and expiration date recorded in Firehouse. D. Any member who has a Change in Status must notify his/her Deputy Chief within 24 hours. 1. Members who do not possess a valid driver’s license will not drive. 2. The Deputy Chief will forward the information to the Operations Section Chief, who will follow up as necessary. E. Any member who has a driving-related arrest, conviction, and/or is a driver involved in any of the following circumstances must notify his/her Deputy Chief within 24 hours: 1. Driving while intoxicated or under the influence 2. Reckless or aggressive driving 3. Racing on the highway/roadway 4. Road rage incident 5. Motor vehicle accident involving Major Injuries R&R 102.02B – Driver’s License & Driving Safety Regulations Page 2 of 6 F. Only authorized members are allowed to drive City vehicles on City business. Members must have the appropriate valid driver’s license in their physical possession to drive City vehicles on City business. 1. Within one year of employment, all civil service members must obtain a State of Texas Class B driver’s license or equivalent. 2. Only certified members are allowed to drive fire department apparatus on emergency responses. G. Per City policy, routine driver’s license checks will be performed and reviewed by the Planning Section. The Planning Section Chief will insure a driver’s license and driving record check is conducted at least once annually, and driving-related issues are communicated and addressed per policy. 1. Driver’s license expiration changes, citation information and/or At-Fault accident information will be forwarded to the Operations Section Chief for review and updating in Firehouse and/or the Safety Committee spreadsheet. 2. DWI/DUI arrests, citations, and/or driving safety citations will be followed up on per: a. R&R 102.01B – Driving While Intoxicated or Under the Influence b. R& R 102.02B – Driver’s License Regulations c. SOG 108.01 – Safety Committee Accident/Injury/Exposure Review d. SOG 108.03 – Vehicular Accident Reporting e. SOG 301.01 – Vehicle Placement In or Near Vehicular Traffic f. SOG 301.02 – Use of Vehicle Safety Restraints g. SOG 301.03 – Vehicle Backing Procedures h. SOG 301.04 – Emergency & Non-Emergency Driving Safety i. SOG 702.02 – Complaint, Inquiry, Investigation & Adjudication/ Discipline Processes j. Other applicable civil service rules, department rules and regulations and/or standard operating guidelines H. If a Deputy Chief is faced with a member who is assigned to a Driving Position and has a Change of Status, he/she will insure the member has applied for a Restricted Occupational License. This type of license should allow the member to drive to and from work and fulfill his/her duties. IMPORTANT: If an application for a Restricted Occupational License is not approved by the Texas Department of Public Safety, the member would be legally restricted from driving both on- and off-duty. R&R 102.02B – Driver’s License & Driving Safety Regulations Page 3 of 6 I. If a member is not approved for a Restricted Occupational License, the Deputy Chief has the following options for scheduling purposes until the Change of Status is resolved (Member must have someone drive him/her to and from work if this occurs): 1. Assign the member to vacation or personal leave, if it can be achieved within approved scheduling targets. 2. If the member is assigned to the Operations Section, offer the member temporary assignment to a Grade I or Grade III position, depending on the member’s current rank. (Remember that the member is prohibited from driving City vehicles or apparatus during this time!) a. This option is not a demotion, but provides a temporary assignment opportunity for the member to continue to be assigned to the Operations Section, if he/she chooses. b. Chief Officers may be offered a temporary Grade III position, if available. c. Driver/Operators may be offered a temporary Grade I position. d. For the offer of a Grade I or III temporary position assignment to be made, the member must be physically able to competently and safely perform the functions of the Grade I or III position. 3. Recommend a temporary assignment to a 40-hour week with no driving responsibilities. VII. Consequences A. Retraining or referral to the Employee Assistance Program (EAP) are examples of remedial corrective actions, and are not discipline. 1. Remedial corrective actions may be recommended in conjunction with discipline. 2. As a minimum, retraining will consist of successful completion and documentation of an on-line defensive driving course. B. Members should be aware that corrective action and/or discipline can be imposed when violations of civil service law and/or rules, or department rules, regulations or guidelines are sustained, regardless of the disposition of alleged criminal charges. C. Violations corrective action and/or discipline are indicated in Appendix A. Consequence recommendations for fourth and subsequent accidents will be considered on a case by case basis. R&R 102.02B – Driver’s License & Driving Safety Regulations Page 4 of 6 D. Mitigating and aggravating factors are those which would cause employees to deviate, in an exaggerated manner, from normal driving behavior. In these cases, the factors involved will be considered by the Investigator, the Safety Committee and the Disciplinary Review Board (DRB). 1. If the Safety Committee and/or DRB determine that sufficient cause exists, these factors may be cited to recommend corrective actions and/or discipline outside of the established discipline levels. 2. Deviation from normal disciplinary levels should be the exception to the rule and will be limited to rare and unusual situations. 3. If the Safety Committee and/or DRB use aggravating or mitigating factors to deviate, they shall provide written justification to the Fire Chief. E. Per civil service law, suspensions in excess of 15 days are offered at the discretion of the Fire Chief, and are not subject to appeal. Any offers that are refused will revert to indefinite suspension. R&R 102.02B – Driver’s License & Driving Safety Regulations Page 5 of 6 Appendix A – Matrix for Driving Safety-related Violations Consequence Matrix—Driving-related Violations (Per civil service law, suspensions are in calendar days) *Maximum consequence is up to and including indefinite suspension, based on the circumstances. Violation First Offense Second Offense Third Offense Driving a City vehicle or apparatus while Indefinite n/a n/a impaired by alcohol or drugs Suspension Indefinite Gross disregard of safe driving procedures or n/a n/a motor vehicle laws Suspension Indefinite Driver’s license revoked or cancelled n/a n/a Suspension Fifteen (15) day Thirty (30) day Sixty (60) day Failure to properly secure apparatus resulting in major injuries or major damage suspension suspension suspension Failure to complete routine safety checks of Ten (10) day Twenty (20) day Forty (40) day vehicles or apparatus, resulting in major injury suspension suspension suspension to person(s) or major damage Eight (8) day Fifteen (15) day Indefinite Driving with a suspended license suspension suspension Suspension Driving apparatus with an inappropriate class Four (4) day Eight (8) day Fifteen (15) day of license (Drivers in-training for Class B suspension suspension suspension excluded) Failure to immediately report an on-duty Four (4) day Eight (8) day Fifteen (15) day accident and/or damage to vehicles/ suspension suspension suspension apparatus Four (4) day Eight (8) day Fifteen (15) day Failure to immediately report a moving violation or citation received while on-duty suspension suspension suspension Texting while driving (assuming no injuries or Four (4) day Eight (8) day Fifteen (15) day property damage) suspension suspension suspension Failure to immediately report a Change of Four (4) day Eight (8) day Fifteen (15) day Status suspension suspension suspension Failure to obey safe driving procedures or Two (2) day Four (4) day Eight (8) day motor vehicle laws (Includes failure to wear suspension suspension suspension seat belts) Written Written One (1) day Failure to pay fines associated with citations received Reprimand Reprimand suspension Written One (1) day Two (2) day Failure to properly perform and/or document routine vehicle safety checks Reprimand suspension suspension Failure to properly supervise driver under Written One (1) day Two (2) day his/her supervision Reprimand suspension suspension Failure to properly report and/or document One (1) day Two (2) day Counseling unsafe vehicles or apparatus suspension suspension *Examples cited above are not all inclusive and as such are not limited to those listed above. 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