WAPA-O-550.1B.pdf

DISTRIBUTION: INITIATED BY:

All Western Elements Office of Technical Services Available On-line: http://www.int.wapa.gov/Directives/alphadir.htm

U.S. Department of Energy

SUBJECT: OFFICIAL USE OF GOVERNMENT MOTOR VEHICLES

1. PURPOSE. This Order defines use of government motor vehicles and establishes policy and procedures for use of government motor vehicles. Government motor vehicles are defined in this directive as: owned by the Western Area Power Administration (Western) and leased vehicles assigned or dispatched to Western from the General Services Administration (GSA) Fleet. Some government motor vehicles are also commercial motor vehicles (CMV). Commercial motor vehicles are those that have a gross vehicle weight rating or a gross combination weight rating of 26,001 pounds or more, or regardless of weight are used in the transportation of hazardous materials, and are required to be placarded in accordance with Department of Transportation regulations.

2. CANCELLATION. WAPA O 550.1A, Official Use of Government Motor Vehicles, dated 12-04-07.

3. APPLICABILITY. This Order applies to all Federal employees and individuals under contract to Western.

4. REFERENCES.

a. Title 31, United States Code (U.S.C.), Section (§) 1344.

b. Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated 10-01-09.

c. Federal Management Regulations (FMR), Part 102-34, Subpart D, Official Use of Government Motor Vehicles.

d. FMR, Part 102-34.205, Home to Work Transportation.

e. Title 49, Code of Federal Regulations, Parts 172, 383, 384, 390, 391, and 392, Department of Transportation Regulations.

ORDER

DATE: 04-18-12

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f. WAPA P 340.2, Electronic Cigarette Restrictions in Western Facilities, dated

02-27-12.

g. WAPA O 440.1B, Occupational Safety and Health Program, dated 05-31-11.

5. POLICY.

a. All government motor vehicles must be used for official purposes only. Official purposes are defined as official duties of an employee or contractor carrying out authorized programs of Western and/or the Department of Energy (DOE). Only government and contractor employees are authorized to use a government motor vehicle.

b. Smoking or other use of tobacco products including electronic cigarettes is prohibited in government motor vehicles.

c. All employees are responsible for driving safely and prudently whether they are driving a government motor vehicle, a rental vehicle, or a privately-owned vehicle during official government business. Employees must also comply with all Federal, State, and local laws and regulations concerning the operation of a motor vehicle on public streets and highways. The driver must assure that each passenger is wearing a seat belt when the vehicle is moving, nonsmoking requirements are enforced, and that the vehicle is locked when unattended.

d. Transporting illegal drugs or opened alcoholic beverage containers in a government motor vehicle is prohibited. Alcoholic beverages shall not be transported in government motor vehicles while on duty.

e. Transporting of nongovernment firearms in government motor vehicles is prohibited.

f. Parking a government motor vehicle during or after duty hours at any establishment or location that may attract negative attention to Western should be avoided.

g. Cell phone use while operating a government motor vehicle is not allowed in vehicles that are considered CMV. These are Western vehicles with a combination gross vehicle weight rating of 26,001 pounds or more (combination vehicle and trailer). Wired or wireless hands-free devices are allowed only if set in place prior to the operator fastening the seatbelt and the device can be activated by one touch (no dialing) without the driver reaching for the device.

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h. Cell phone use while operating a government motor vehicle under 26,000 pounds is not recommended, but if necessary, the driver should safely park the vehicle or use hands-free equipment compliant with the local laws regarding cell phone use.

i. Texting is prohibited while operating a government vehicle. On occasions where the operator must read or answer/send a text message, he/she must be safely pulled off the roadway and halted in a location where one can safely remain stationary.

j. Any requests for authorization under Home-to-Work transportation, including but not limited to field work, shall be coordinated and justified in accordance with FMR 102-5, through the applicable Regional Manager for review by the Regional Fleet Manager, the Organizational Property Management Officer, the Administrator, and the Secretary of Energy.

6. AUTHORIZED USE OF GOVERNMENT MOTOR VEHICLES.

a. Government motor vehicles can be used:

(1) To conduct official business locally or at one or more locations away from the normal duty station.

(2) In emergency situations, such as disaster relief, immediate transportation of injured or seriously ill persons, or other emergencies threatening loss of life or property. Drivers must use discretion and good judgment whenever emergency situations occur.

b. An employee may drive a government motor vehicle to his/her residence and keep it overnight when it is in the government’s interest for the employee to start or end official travel by government vehicle from home. This is not considered to be Home-to-Work transportation referred to in paragraph 5h above. These requests must be documented by the employee and approved in advance by the appropriate Regional or Senior Manager. This authority cannot be redelegated.

c. The employee is responsible for securing all materials and equipment being carried in the vehicle.

d. Use of a government-furnished vehicle for official travel must be limited to official purposes including transportation between places requiring the employee’s presence for official business; between suitable eating places, drug stores, barber shops, places of worship, cleaning establishments, and similar places necessary for the sustenance, comfort, or health of the employee to foster the continued efficient performance of government business. Employees are

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authorized to carry the equipment and other cargo required to conduct official government business. Carrying personal property related to an employee's sustenance, comfort, or health is allowed but should be limited to those items that will not bring questions of impropriety or unprofessional conduct.

e. Private citizens directly involved in conducting official government business may be passengers in a government motor vehicle.

f. Transporting employee or contractor dependents in government motor vehicles is prohibited because of accident/injury liability. Exceptions may be approved when it is deemed in the best interest of the government. Authorization to transport dependents must be recorded on the employee’s travel itinerary and approved in advance by the appropriate Regional or Senior Manager. This authority cannot be redelegated.

g. Fleet credit cards are provided for authorized and/or necessary official expenses required to operate a government vehicle. One credit card is assigned to each Western vehicle for the operator’s use. The reverse side of the credit card provides instructions on the authorized use of the credit card.

7. UNAUTHORIZED USE OF GOVERNMENT MOTOR VEHICLES. The following are not authorized:

a. Traveling between work and residence on a regular or incidental basis.

Exceptions to this rule must be approved in advance by the Secretary of Energy.

b. Transporting alcoholic beverages in any government motor vehicle while on duty.

c. Picking up hitchhikers or any other private citizens not involved in conducting official business with the government (except as provided in paragraph 6a(2) above).

d. Using a government motor vehicle for private business or personal gain.

8. REPORTING PROCEDURES ON MISUSE OF A GOVERNMENT MOTOR

VEHICLE.

It is every employee’s responsibility to assure vehicles are used prudently and only for official business. Employees should report suspected misuse of a government motor vehicle to their supervisor or appropriate management official.

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9. PENALTIES FOR WILLFULL MISUSE OF A GOVERNMENT MOTOR VEHICLE.

a. Any government employee who willfully uses or authorizes the use of a government motor vehicle for other than official purposes is subject to suspension without pay for not less than 30 days and may be suspended for a longer period of time or dismissed when circumstances warrant (31 U.S.C.

§ 1349).

b. Any person who knowingly misuses any government property (which includes government motor vehicles) is subject to criminal prosecution and, if convicted, is subject to fines up to $10,000 and/or imprisonment for up to 10 years (18 U.S.C.

§ 641).

c. Any CMV operator who is ticketed for using a cell phone while operating a CMV will be subject to a fine up to $2,750 and possible loss of his/her commercial driver’s license.

10. MOTOR VEHICLE ACCIDENTS. See WAPA O 440.1, Occupational Safety and

Health Program, for reporting requirements. Each driver is responsible for preventing accidents. Drivers should use defensive driving/safe driving techniques at all times.

11. CONTACT. Questions concerning this Order should be addressed to the Office of

Technical Services at 720-962-7173.

Timothy J. Meeks Administrator