PURPOSE
The purpose of this policy is to clarify the requirements of staff when driving vehicles for Town business.
POLICY STATEMENT
The Town has a responsibility to ensure that only properly licensed drivers operate Town vehicles. This policy applies to any employee who is required to drive on Town business whether they drive a Town vehicle or their personal vehicle as part of their job description. In addition, this policy also applies to the parking and operation of all vehicles at or on Town property.
PROCEDURE
1.0 In General - Driving of all vehicles
All vehicles, regardless of whether they are owned by the Town or a private individual, contractor, business owner, supplier or vendor, must be driven with care, consideration and with regard to the regulations in the Highway Traffic Act; and any other applicable legislation; at all times. If; as the result of what is deemed to be dangerous or negligent driving under the Highway Traffic Act or any other applicable legislation on the part of any employee or upon that employee’s conviction in a court of law; the Town will not remain liable or responsible for the cost of damage or any insurance claim.
It should be noted that anyone who drives a vehicle under an expired, suspended or improper class of license is committing an offence under the Highway Traffic Act and is subject to prosecution.
2.0 Driving on Company Business in Town Vehicles
2.1 When an employee is required to drive as part of their job description, job offers and continued employment with the Town will be subject to the following:
· Only drivers with valid licenses are permitted to drive Town vehicles.
· Driving abstracts may be required for some positions where driving is or maybe required as part of the job description.
· It is the employees’ responsibility to notify his/her supervisor immediately of any change in status, class, restrictions or conditions of their license when a driver’s license is a bona fide occupational requirement or condition of employment. An employee’s failure to report any such changes in their driver’s license may result in corrective counselling up to and including employment separation without notice.
· The Town will make reasonable efforts to accommodate an employee whose license is suspended as the result of a disability in accordance with the Ontario Human Rights Code or any other applicable legislation.
· The Town will make reasonable efforts to accommodate an employee whose license is suspended as the result of a minor conviction, where available and appropriate. If no such alternate non-driving position is available, the employee may be placed on leave without pay until such a position becomes available. It is understood that if the employee is moved to an alternate job they will receive the compensation rate for that job.
· If the suspension of an employee’s driver’s license occurs while the employee is driving a Town vehicle, and, if the Town’s vehicle is impounded, any costs incurred to obtain the release of the Town vehicle and any legal costs shall be paid by the employee.
· Employees driving Town vehicles may be held personally liable for any deliberate action that results in collisions or incidents that occur while they are driving Town vehicles in certain circumstances. Specifically; these circumstances would be when an employee has shown poor workplace behaviour (actionable under corrective counselling), is deemed by police to be an “Unqualified Operator” (charge to be laid subject to conviction) or is found to be at fault (convicted) under the Highway Traffic Act or any other applicable legislation.
· Proven guilt leading to a serious conviction under the Highway Traffic Act or any other applicable legislation and/or the misuse of Town vehicles will be subject to corrective counselling up to and including immediate employment separation without notice.
· Employee drivers must ensure that all passengers are safely seated, buckled up and following all required regulations.
· Employees are responsible for inspecting the Town vehicle they are driving before driving it and identifying any mechanical concerns or any other issues with a Town vehicle shall at once report same to their immediate supervisor.
3.0 Driving on Town Business in Personal Vehicles
3.1 Employees who use their personal vehicle regularly for Town business (this does not include travel to and from home to work) must have express permission under the terms of their employment agreement to do so; in some case a vehicle allowance forms part of the employment agreement.
3.2 The terms and conditions of employment for some employees will state that their ‘Personal Vehicle Insurance’ must specify and cover the use of their personal vehicle for ‘Business Use.’
3.3 The cost of this ‘Business Use’ insurance coverage is factored in to the mileage calculation allowance published annually by the Canada Revenue Agency; this is the rate that the Town uses for the reimbursement of mileage claims.
3.4 Employees who use their vehicle occasionally for Town business should get approval in advance for any potential reimbursement for mileage and parking.
3.5 Employees driving their own vehicle on Town business are fully liable and responsible for their own vehicle. The Town accepts no responsibility for any damage, incident or accident.
3.6 Vendors, delivery vehicles, suppliers and contractors are also fully liable and responsible for their vehicles while on Town property.
4.0 Use of Cell Phones while driving in any vehicle on company business
Employees who need to check in to the office or conduct Town business while on the road are reminded of Ontario law; specifically the ‘Countering Distracted Driving & Promoting Green Transportation Act, 2009’ (Bill 118). This bill bans the use of cell phones while driving unless they are considered to be hands free. It is imperative that all employees comply with this legislation. If employees do not have hands free technology, they are expected to ensure that they are pulling over to take necessary phone calls and properly manage their communications so as not to breach the requirement of this law.
Under Bill 118, it should be noted that a driver can be found guilty under the Highway Traffic Act and possibly the Criminal Code.
In cases where employees have been proven and found guilty under the Highway Traffic Act or any other applicable legislation in a court of law the employee would be fully responsible and the Town will not accept liability of any kind regarding an employee’s actions. |