NEVADA

NEVADA DEPARTMENT OF CORRECTIONS

ADMINISTRATIVE REGULATION

268

USE OF STATE AND PERSONAL VEHICLES

(Temporary)

~~(Temporary)~~

Supersedes: AR 268 (06.07.04)

Effective date: 09.01.06

AUTHORITY: NRS 204.080; 281.160; NAC Chapter 41; SAM 504.0 - 506.0, SAM Chapter 1300, SAM Chapter1400

RESPONSIBILITY

All employees of the Department ~~have the~~are ~~responsibility~~ responsibile to have knowledge of and comply with this regulation.

The Department’s Fleet Manager is responsible for all activities which involve the Department’s vehicles.

The Compliance Unit Supervisor of the Inspector General’s Office is responsible to investigate all incidents involving damage to Department vehicles and state property damage.

Division Heads/designees are responsible for all vehicles located both in the North and South, Administration Offices and at Prison Industries.

The Inspector General/designee is responsible for all of the vehicles assigned to that office.

The Warden/designee is responsible for all of the vehicles located at his/her institution.

The Lieutenant/designee is responsible for all of the vehicles located at Central Transportation offices both North and South.

268.01 STATE VEHICLES

1. State vehicles must be used for official business only.

2. The Fleet Manager/designee in charge of fleet vehicles at each location will ensure that vehicles are ready for use.

3. The Fleet Manager/designee in charge of fleet vehicles at each location is responsible for key control for the vehicles.

4. Trip tickets (DOC Form 500) will be maintained by drivers for each department vehicle to account for each mile traveled except for vehicles assigned to designated individuals (i.e., Director, Deputy Directors, Inspector General).

268.02 DRIVER RESPONSIBILITIES

1. Drivers shall possess and carry a valid driver’s license.

2. Drivers must comply with all motor vehicle laws.

3. Smoking is prohibited in all state vehicles (SAM 1415.0).

4. Drivers should use due care in operating state vehicles.

5. Drivers should check the vehicle prior to departure to determine to the extent possible that the vehicle is in safe driving condition.

6. Any mechanical problems with the vehicle should be reported to the Fleet Manager upon return from the trip.

7. Drivers should obtain written approval from the Director/designee to take a state vehicle out-of-state.

268.03 VEHICLE ACCIDENT REPORTING

1. State employees are defended and indemnified in accordance with Nevada Administrative Code (NAC), Chapter 41 in the event of an accident and claim for damages.

· The Nevada Administrative Code allows defense and indemnification of state employees only.

· Volunteers may or may not qualify for defense and indemnification depending on their individual situation.

· Contract employees are not covered for defense and indemnification under NAC Chapter 41. Contract employees should specifically advise their independent auto insurance agent and seek clarification as to claims for accident and damages.

2. All vehicle accidents should be reported promptly in detail to the Compliance Unit Supervisor and the Fleet Manager, as well as to appropriate law enforcement officials.

3. Drivers should complete a Vehicle Accident Report Form RSK-001 within three days after an accident and submit the completed form to their immediate supervisor unless the driver is incapacitated.

4. The Fleet Manager may authorize all vehicle repairs and will notify the assigned location of when and where the repairs can be made.

~~268.01~~ STATE MOTOR POOL VEHICLES

268.04

1. If the Department directs travel and a Department vehicle is not available, the employee may use a State Motor Pool vehicle.

2. Drivers of a State Motor Pool vehicle must comply with NRS 204.080, SAM 1400, and this Administrative Regulation.

3. State Motor Pool vehicles should be used for official business only or personal maintenance related to official travel.

4. The driver should notify State Motor Pool of any problems with the vehicle. Accidents must be reported promptly in detail to State Motor Pool, as well as to the appropriate law enforcement officials.

5. If an employee reserves a State Motor Pool vehicle but does not claim the vehicle upon arrival or fails to cancel a reservation, the employee may be held personally liable for charges billed the Department at the daily rental cost plus delivery and return of the vehicle to and from the local airport.

268.05 PERSONAL VEHICLES

1. Use of a personal vehicle is not authorized unless a Department or State Motor Pool vehicle is unavailable except:

· When using a personal vehicle for the State’s convenience, the employee may be reimbursed at the standard mileage rate set by the Board of Examiners every year in accordance with SAM 200.

· When using a personal vehicle for the employee’s convenience, the employee may be reimbursed at one-half the standard mileage rate set by the Board of Examiners every year in accordance with SAM 200.

2. Reimbursement of an employee’s auto insurance deductible due to an accident is made in accordance with SAM 506.0.

268.06 HOME STORAGE OF STATE VEHICLES

1. Eligibility for home storage of a state vehicle will be considered if an employee meets the criteria as set forth in SAM 1306.0.

2. Home storage of state vehicles must be pre-authorized by the Director.

268.07 VEHICLE OPERATION BY INMATES

1.Inmates assigned to Medium or Close custody may not operate a motor vehicle under any condition except for those inmates assigned to the fire department at Southern Desert Correctional Center.

· No inmate who is serving a sentence for driving under the influence of alcohol or a controlled substance, regardless of custody level, may operate a motor vehicle under any circumstances.

· No inmate regardless of custody level is allowed to drive a motor vehicle within the perimeter of an institution except as noted in 268.07.1 above.

· No inmate will possess, store, or park a personal or commercial vehicle on Department property.

2. Inmates assigned to Minimum custody or Community Trustee may operate a motor vehicle under the following conditions.

· The vehicle must remain on state property.

· Inmates assigned to the Nevada Division of Forestry (NDF) may drive a vehicle of that agency in an emergency situation where the vehicle is at risk of destruction or the NDF Supervisor is incapacitated.[jet1]

3. Inmates assigned to Restitution and Transition centers may drive commercial vehicles during the course of their employment with the following conditions and exceptions:

· The inmate must have a valid driver’s license.

· The inmate must not be serving a sentence for driving under the influence of alcohol or a controlled substance.

· The vehicle must be used in the conduct of business only.

· The employer must provide appropriate insurance as verified by staff of the Restitution/Transition center.

4. Inmates assigned to Residential Confinement may drive motor vehicles if approved by the Division of Parole and Probation and if they have a valid driver’s license and appropriate levels of insurance.[jet2]

268.08 APPLICABILITY~~ICATION~~

1. This regulation requires an Operational Procedure for the Support Services Division, ~~and~~ institutions, and facilities.

This regulation does not require an audit.

REFERENCES: None

_____________________________________ __________________

Glen Whorton, Director Date