Driver Requirements, Programs, and Recordkeeping | MAN1425
Except where otherwise indicated, driver requirements apply to all individuals whose job description identifies the operation of a vehicle as a component of their job. This includes individuals operating DHS and/or DBHDD owned or leased vehicles (hereafter referred to as state agency vehicles) or operating any vehicles for consumer transportation, or within the coordinated transportation system. All drivers used in the performance of services under transportation agreements with DHS and/or DBHDD, or operating a state-owned vehicle must, at a minimum, meet driver qualifications, comply with applicable laws, pass a criminal background check, maintain safety and service delivery standards, complete mandatory training, and refrain from alcohol misuse and drug use.
Prime Contractors are directly responsible for ensuring all Subcontractors are compliant with the same level of driver requirements set forth in their prime contract with the state, as detailed in this section. |
Driver Qualifications
Legally Licensed
All drivers must possess a valid driver’s license with the class of license appropriate to the vehicle to be operated. In accordance with the Department of Driver Services (DDS), new Georgia residents are required to obtain a Georgia license within 30 days of establishing residence. For drivers with out-of-state licenses, similar rules will apply, and will be evaluated on a case-by-case basis.
Volunteers are prohibited from driving state-owned vehicles.
Age and Experience
All drivers must be at least 21 years of age and have a minimum of 3 years driving experience to provide transportation to consumers.
Commercial Driver’s License (CDL)
All drivers must obtain a CDL if they operate a vehicle that falls into one of the following three classes:
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If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;
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If the vehicle is designed to transport 16 or more passengers, including the driver; or,
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If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F, which can be found at www.eregulations.com/, or once on the site’s homepage, by navigating to the state of Georgia, then to Georgia Commercial Drivers, followed by Hazardous Materials, and finally Communication Rules; or, once on the Georgia Commercial Drivers page, by searching for the terms Communication Rules.
Legal Requirements to Operate a Vehicle
Motor Vehicle Report (MVR)
All drivers must obtain a certified copy of a seven-year Motor Vehicle Report (MVR) from the Georgia Department of Driver Services prior to employment, if the driver’s job description identifies the operation of a vehicle as a component of their job. A current MVR must be maintained in the driver’s qualification file and reviewed with the driver by the employer. A seven-year MVR is required at the initial hiring. Subsequent MVRs must, at a minimum, cover a three-year period. The employer is required to maintain the two most current MVRs in the driver qualification folder.
Legal Violations
All drivers must keep their employer informed of legal violations. A legal violation may include, but is not limited to a citation for a traffic violation and/or an arrest, charge, or conviction for committing a crime. Depending on the driver type, two notification steps may be required when a driver has received a citation or has been charged/convicted of a legal violation. The driver must notify their immediate employer within 5 calendar days of the charge or conviction. If the employer is a Subcontractor, the Subcontractor must provide written notification to the Prime Contractor.
Employers may impose more restrictive notification timeframes. |
Points and Suspension
When interviewing, or being screened as a potential driver, drivers may not have six or more points against their driver’s license, or a suspended or revoked driver’s license, within the last five years, for violations as indicated by the DDS. Employers and employees are strongly advised to refer to the DDS website for a comprehensive listing of violations, and associated points, and use this information as a guide when interviewing/screening potential drivers. An administrative exception may be requested prior to the five-year requirement for a driver whose license has been reinstated and the suspension was for a non-moving traffic violation. The request and supporting documentation must be sent to the appropriate Regional Transportation Office (RTO) for review.
Prior Convictions
Vehicle operators must conduct a National Background Check with fingerprints on all drivers. Any potential driver with prior convictions for a sexual crime or a crime of violence are not qualified to operate a vehicle for the state of Georgia. DHS Personnel Policy 1301 will apply as it relates to convictions for substance abuse crimes. Any person convicted of a felony during the past five years are prohibited from operating state vehicles. The employer will receive notification based on the results of the National Background Check whether a driver is cleared to transport clients. Refer to the Background and Criminal History Checks section in this chapter for more information.
Convictions Notifications
All drivers must notify their employer of any arrests and or convictions within five calendar days of the date of arrest or conviction. The employer will make a determination of appropriate action on a case-by-case basis.
Loss of Privilege
All drivers must notify their employer immediately, but no later than the first business day should the notice of suspension, revocation, cancellation, or loss of privilege to operate a vehicle for any period occur on a non-business day. The employee must not operate a state-owned or state-leased vehicle or transport consumers if their driver’s license has been revoked, suspended, or has driving restrictions. If the employer is a Subcontractor, the Subcontractor must immediately provide written notification to the Prime Contractor.
Driver Training
All trainings to be provided at the contractor’s expense. Within 90 days of hire, all drivers used by Transportation Providers to deliver transportation services under the terms of a Transportation Providers Agreement must be trained. To comply with 49 CFR Section 37.173, drivers must have the following training:
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General Orientation
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Consumer Service, Courtesy, and Sensitivity Awareness
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Certified Courses in Basic First Aid & CPR
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Defensive Driving
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Wheelchair Securement Training (where applicable)
The Consumer Service, Courtesy and Sensitivity Training is to be provided by Community Transportation Association of America (CTAA) or another provider as approved by DHS.
The employer must keep and maintain evidence of all trainings in their Driver Qualification Files (refer to the section with the same title in this chapter for more information).
All TPs shall provide an ongoing safety and sensitivity program to ensure a safe operating environment. Documentation that attendants have completed a general orientation, a defensive driving course, basic First Aid & CPR course, and consumer service, courtesy, and sensitivity awareness training must be maintained. Drivers must be current with the required defensive driving, First Aid, and CPR training.
Employers may contact their RTO should they require support to identify or confirm appropriate training for drivers. |
Service Delivery and Safety
To help ensure the safe and courteous transport of consumers, all drivers used in the performance of services under transportation agreements with DHS and/or DBHDD or operating a state-owned vehicle:
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Must comply with applicable laws.
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Must be competent in his or her driving habits.
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Must be courteous, patient, and helpful to all consumers.
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Must be clean in appearance.
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Will exit the vehicle to open and close the vehicle doors and provide assistance boarding and exiting the vehicle.
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Will transfer responsibility to human service providers and/or caregivers when accompanying consumers to or from the main door of the destination or pick up point to the vehicle. Exceptional cases and special requests may exist when the driver may be requested to assist a consumer to or from the main door of the destination or pick up point. However, unless an emergency exists, at no point should a driver enter a consumer’s residence to provide assistance. Human service providers should discuss the transportation needs of consumers requiring high levels of supervision with the RTO and the Transportation Provider (TP).
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Will assist consumers with being seated, including the fastening of the seat belts. Consumers and drivers must wear seat belts whenever the vehicle is being operated unless the passenger has a written medical exception as explained and in accordance with O.C.G.A 40-8-76.1.
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Will confirm, prior to allowing any vehicle to proceed, that wheelchairs and consumers using mobility devices are properly secured and that all consumers are properly belted in their seats. Drivers must assist all consumers in the process of exiting the vehicle and in moving to the building access of the consumers’ destination. Consumers are not allowed to operate vehicles or wheelchair lifts. Will observe that the consumer has entered the door of the destination or observe that an individual at the destination has received the consumer.
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Will provide support and oral directions to consumers. Such assistance shall also apply to the movement of wheelchairs and mobility-limited persons as they enter or exit the vehicle using the wheelchair lift. Such assistance shall also include storage by the driver of mobility aids and folding chairs. Vehicles will be parked or stopped so that consumers will not be forced to cross streets.
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Shall not use alcohol, narcotics, illegal drugs, or drugs/medication that would impair their ability to perform while on duty or shall abuse drugs or alcohol at any time.
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Shall not, at any time, smoke, eat or consume any beverage while in the vehicle, or while involved in consumer assistance.
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Shall not wear any type of headphones or use a cell phone (hands free or handheld) while driving a vehicle.
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Will use GPS devices in accordance with state laws.
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Shall not be responsible for consumer’s personal items.
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Shall not have consumers onboard a vehicle during the refueling process.
Background and Criminal History Checks
Drivers are required to have national criminal history records checks through the Georgia Crime Information Center (GCIC) and the Federal Bureau of Investigation (FBI) in accordance with DHS Personnel Policy #504. For the correct process to obtain a national criminal history check, refer to the Georgia Bureau of Investigation website at www.gbi.georgia.gov.
DBHDD Contractors and Providers
Per the DBHDD policy # 04-104, DBHDD transportation contractors and/or vehicle operators are to use instructions provided in said policy to conduct criminal history checks. Community Service Boards (CSB) and other DBHDD sites must have record of a national check in the driver files and available for DHS Transportation Services Section (TSS) review.
DHS Contractors
Per OCGA 49-2-14, Criminal history record checks are to be completed on individuals with whom the Department contracts to perform direct care, treatment and/or custodial services. Based on the nature of the job duties, all drivers and monitors of DHS and/or DBHDD consumers must have a national criminal history records check, regardless of the date of original employment. DHS contractors and Subcontractors are required to use the services of the Georgia Applicant Processing Services (GAPS) for applicants for whom DHS provides the fitness determination. Contractors may initiate the registration process by visiting fieldprintgeorgia.com/businesses. It is important that the contractor/Subcontractor choose “direct elder care” during the registration process.
Drug and Alcohol Testing Requirements
DHS, in an effort to ensure the safety of consumers who are transported under the DHS Transportation System, requires that all contracted drivers undergo drug testing as described in this section. These requirements are intended to prevent prohibited drug use and alcohol misuse by employees who transport consumers under DHS' care, control, and custody.
An employee who is actually performing, ready to perform, or immediately available to perform functions which include driving (i.e., drivers), monitors, those who control the dispatch or movement of a vehicle, and those who perform maintenance on a vehicle or its equipment is subject to the Drug and Alcohol Testing Requirements.
TPs and Human Service Providers (HSPs) shall not utilize drivers who are known abusers of alcohol or known consumers of narcotics or drugs/medications that would endanger the safety of transportation consumers. If the transportation provider or HSP suspects a driver to be driving under the influence of alcohol, narcotics or drugs/medications that would endanger the safety of consumers, then the provider shall immediately remove the driver from providing services under the transportation agreement with DHS.
Required Elements of an Anti-Drug Use and Alcohol Misuse Program
Employers shall have policy statements regarding prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug and alcohol misuse. Employers shall have a pre-employment education and training program to include anti-drug and alcohol misuse information and procedures for addressing positive drug test results. This should be in the form of printed material that should be distributed to employees upon hiring. This should also include community resources for substance abuse treatment availability.
Retention of Records
Where permitted by law, employers, contractors, and sub-contractors shall maintain:
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Records in a secure location with controlled access.
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Positive results shall be kept on file for five years, including any refusals for testing.
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Negative Test results should be retained for one year.
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Records of the collection process must be documented and kept for two years.
Where not permitted by law, employers, contractors, and Subcontractors shall maintain:
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Policies that state the employers', contractors', and Subcontractors' compliance with drug and alcohol testing requirements.
Collection process documents include those generated in connection with a decision for reasonable suspicion, post-accident, and pre-employment testing as well as documents presented by an employee disputing positive test results, and employee and supervisor training relating to this subject.
Types of Testing
Four types of testing are established and applicable for all drivers. Prime Contractors are responsible for administering and maintaining these tests annually for their sub-contractors. The tests include: Pre-Employment, Random, Reasonable Suspicion, and Post Accident.
Employees who perform high-risk: duties are prohibited from using illegal substances (e.g. marijuana, cocaine, opiates, amphetamines, and phencyclidine). Employees who are actually performing, ready to perform, or immediately available to perform functions which include driving (i.e., drivers), monitors, those who control the dispatch or movement of a vehicle, and those who perform maintenance on a vehicle or its equipment are also prohibited from misusing alcohol. If an employee tests positive for illegal drugs or alcohol misuse, they will be removed from their high-risk duty and be informed of education and rehabilitation programs. The employer is not required to pay for treatment programs.
Pre-Employment Testing
A pre-employment drug test must be administered with a verified negative result prior to performing any high-risk duty for the first time. An employer may not transfer an employee from performing non-high-risk duties to a high-risk duty without administering a pre-employment drug test with a verified negative result.
An employer may, but is not required to, conduct pre-employment alcohol testing under this policy. This should be an “either/or” policy and if pre-employment alcohol testing is employed, it shall apply to all applicants.
If an employee operates a vehicle and has leave for 90 consecutive calendar days, a pre-employment test will be conducted prior to them returning to their safety sensitive position.
Post-Accident Testing
An accident is defined as an occurrence associated with the operation of a vehicle, if as a result:
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An individual dies, (fatal accident) or
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An individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or
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If injury or damage occurs to the vehicle or its occupants; or
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If the vehicle is disabled because of an accident and the vehicle is transported from the scene by a tow truck or other vehicle.
Post-accident testing should be done when a fatality occurs for any employee performing high risk duties whose performance could have contributed to the accident.
Post-accident testing for non-fatal accidents should be administered unless the employee’s performance can be completely discounted as a contributing factor to the accident, based on the best information available at the time of the referral decision. This information should be documented in detail to include the decision-making process not to test.
Random Testing
Transportation Providers shall mirror the minimum annual testing rate for random drug testing of the Federal Motor Carriers Safety Administration (FMCSA) rates, which are subject to change annually. For additional information on these rates, please visit the FMCSA website.
Selection of employees for random drug and alcohol testing shall be made by a scientifically valid method. Examples would be random number table or a computer-based random number generator that is matched with employees' Social Security numbers, payroll identification numbers, or other comparable identifying number.
Random testing must be unannounced and unpredictable with dates for random testing spread reasonably throughout the calendar year. Random testing must be conducted at all times of day that transportation services are performed. Each employee must report to the testing site immediately after being informed they are to be undergoing random testing. Contractor and/or provider policy regarding random testing is subject to review by DHS.
Reasonable Suspicion
Testing shall be conducted when an employer has reasonable suspicion to believe the covered employee has used a prohibited drug and/or engaged in alcohol misuse. This must be based on articulable observations concerning employees' appearance, behavior, speech, or body odors.
Positive test results, or failure to submit to testing, will result in the following actions: Immediately upon notice of positive test, the employer shall require the employee to cease performing safety-sensitive functions, including operating a vehicle.
Driver Monitoring
DHS RTO staff monitors TPs' and drivers' compliance with qualifications and requirements. In addition to vehicle inspections, the TPs' maintenance of Driver Qualification Files and Driver Alerts are the two primary methods of monitoring driver compliance.
Driver Qualification Files
DHS requires that a Driver Qualification File (DQF) be established and maintained on those individuals whose job description identifies the operation of a vehicle as the main component of their job. This includes employees operating state-owned vehicles or operating vehicles for consumer transportation.
Each driver’s record and qualifications are subject to an initial and an annual inspection by DHS, as well as interim inspections as required by DHS at its sole discretion (see Appendix 20 – Driver Qualification Folder (DQF) Checklist for the form used for verification and the items/required to be maintained at the site). Any driver failing to meet all listed qualifications, at any time, will be prohibited from driving under a transportation agreement with DHS. Vehicle operators failing to meet the requirements applicable to them will be prohibited from operating state-owned vehicles.
All records concerning driver’s qualifications must be made available to the RTO and the Prime Contractor for review. DHS reserves the right to disallow any driver from performing services under any transportation agreement, and the right to disallow any individual from operating a state-owned vehicle. At a minimum, the Driver Qualification File will include documentation of the following items:
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Copy of valid driver’s license.
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Motor Vehicle Report (MVR) and documentation of annual reviews
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National Criminal Records Check and fingerprints (refer to the Background and Criminal History Checks section in this chapter for more information); if local policies for record keeping of this type of information differs from that of this manual, follow the local policies and alert the RTO of any discrepancies in record keeping requirements
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Documentation of any accidents or moving violations involving the driver.
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Consumer Service, Courtesy, and Sensitivity Awareness Training
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A Certified Defensive Driving Course
A Certified Basic First Aid & CPR Course Prime Contractors must review the MVR with sub-contractors annually and identify any serious offenses and actions needed to maintain compliant with requirements. For additional information, refer to accident reporting in Chapter 3 – Risk Management and Insurance.
Report my Driving Program
The Department of Administrative Services (DOAS) partners with Driver-Check, an organization with a proven record of accomplishment in helping organizations reduce accidents. The Report My Driving Program through Driver-Check is a program that serves as a 24-hour monitoring program, featuring the placement of specially designed bumper stickers. The stickers contain a unique vehicle number and phone number that observers can call 24 hours a day, 7 days a week to report unsafe or unlawful driving behavior, or to provide offer compliments on driver behavior.
Program Overview
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A concerned citizen calls the 800-number shown on the vehicle. The call will be recorded, where all relevant details (vehicle identification numbers, color, company markings, weather conditions, etc.) are captured, creating an incident report.
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Driver-Check sends incident reports to the appropriate contact(s) for the agency, for further review.
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The driver and supervisor will review the call, and depending on the nature of the call, they may assign the driver a brief training course related to the behavior in question (speeding, unsafe lane change, etc.).
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The supervisor completes a short report indicating that the driver has taken the needed training.
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DOAS requests the report be closed within 10 days of initial receipt.
WEX (FUEL) Program Overview
Wright Express (WEX) is the statewide contractor selected to provide the total fuel management program for all governmental entities within the state of Georgia. The Department of Administrative Services' Office of Fleet Management (OFM) administers the contract. In accordance with the Georgia Fleet Management Manual developed by OFM, use of a WEX card for state-owned and state-leased vehicles is required. Organizations within DHS or DBHDD are not authorized to have separate commercial fuel card accounts.
The program allows county and municipal governments and other eligible organizations to share in the benefits of the program at no additional cost.
State Purchasing, of the Department of Administrative Services, now provides oversight of the WEX fuel cards and has issued policy to this effect.
Requirements to Use the Fuel Card
In addition, the following parameters are required for use of the WEX fuel card, per the DOAS Office of Fleet Management’s Georgia Fleet Management Manual:
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All vehicle drivers/operators are required to record the accurate mileage of the vehicle at the time of any fuel purchase. Whether this is done through an automated fuel dispensing equipment system or manually at bulk fuel sites, entries must be accurate.
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Mileage must be recorded on each fuel purchase where mileage is not obtained by automated processes for recording into the Fleet Management System.
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A separate fuel card will be issued for each vehicle. Agencies must obtain the initial fuel card through OFM to ensure the card contains all necessary vehicle information to insure correct fuel data postings for each vehicle in the Fleet Management System. At no time should fuel products for any other vehicle/use be charged to a fuel card issued for a specific vehicle.
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Each driver (by name) will be assigned a specific individualized Personal Identification Number (PIN). This PIN can be used by the individual with any card on the account. Generic PINs are prohibited (such as one PIN for an office/department). Vehicle numbers will not be used as a PIN. PIN numbers will not be written on the card. Compromised PINs will be cancelled immediately.
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A fuel card inventory system will be established, and random checks will be made to ensure each card is in the correctly assigned vehicle to preserve the integrity of fuel transaction data.
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Separate fuel cards will be obtained for other power equipment needs.
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State fuel cards will be used only to purchase fuel for state vehicles. Using the state fuel card to purchase fuel or services for a private vehicle or a commercial rental vehicle is prohibited, and may lead to employee termination and possible criminal prosecution.
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If a card is lost or stolen, it will be cancelled immediately.
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If a vehicle is transferred, sold or surplus, the card will be cancelled immediately.
Additional information pertaining to the WEX program can be obtained by contacting the Fleet Manager (FM).
Recordkeeping and Reporting
Records are kept to account for vehicle usage, justify fleet size, and to help determine when to dispose of and replace vehicles.
Capturing Data
Vehicle operators are responsible for capturing data involved in the operation of their vehicles. Cost and use data are captured in several ways, as discussed below.
A vehicle history folder should be maintained for each vehicle. Each folder should include: maintenance records and expenses, other expenses, and periodic inspection reports.
Vehicle Reporting
DHS and/or DBHDD Fleet Contact Reporting, WEX Card and ARI Maintenance Program Users
Fleet contacts for DHS and DBHDD are required to verify the download of information, such as mileage, downtime, fuel usage, repairs, maintenance and other expenses for all state-owned vehicles assigned to their organizations via the HOLMAN Insights system. The reporting period for all vehicles is from July 1st through June 30th of each year.
The HOLMAN Insights system downloads fuel data from the WEX fuel program and maintenance data from the Automotive Resources International (ARI) Program.
Contractors of Coordinated Transportation Vehicle Reporting, WEX Card and ARI Maintenance Program Users
Contractors operating assigned DHS or DBHDD vehicles are required to verify the download of information for those vehicles in the HOLMAN Insights system. Fuel costs and the number of miles driven on a vehicle are tracked through the system via the WEX fuel card.
The HOLMAN Insights system downloads fuel data from the Wright Express (WEX) fuel program and maintenance data from the ARI Program.
Vehicle Reporting for DHS and/or DBHDD Vehicle Operators and Contractors of Coordinated Transportation – Non-WEX Card and Non-ARI Program Users
Organizations assigned DHS or DBHDD vehicles that do not use WEX fuel cards and/or the ARI maintenance program must enter their vehicle cost information (mileage, down time, fuel usage, repairs, maintenance and other expenses) into the HOLMAN Insights system on a monthly basis at a minimum. Additionally, per Policy 10: “for vehicles not using the fuel card, all transactions must be filed with DOAS/OFM on the 10th of every month for the previous calendar month listing the vehicle by state ID, VIN, # of transactions, the total gallons, and the actual cost per gallon”. The RTO should be copied on this communication for verification purposes.
Should the need arise to obtain fuel from a State-Owned Bulk Fuel tank, all fuel obtained from bulk fuel sites shall be properly documented and entered into the Holman Insights system within five business days following the original transaction date.
Non-compliance with these requirements will result in the reassignment of vehicles to other organizations within DHS or DBHDD. Vehicle reassignment will be at the discretion of: any member of the RTO staff, the DOM, the TSS-SM, the director of the OFSS and/or the DOAS Office of Fleet Management.
Vehicle Files and Records
Transportation Providers and operators of DHS and DBHDD vehicles must establish, maintain and provide upon request by DHS, or as required under the terms of the Transportation Agreement, the following records and related information:
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Copy of registration with the Department of Revenue Motor Vehicle Division (DOR-MVD) and/or the Department of Public Safety (DPS) (if applicable, refer to the Required State Registrations section in this chapter for additional information).
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Vehicle records, including but not limited to the following documentation for each vehicle:
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Manufacturer and model
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Model year
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Vehicle identification number (VIN)
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Type of vehicle (minibus, wheelchair van, etc.)
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Capacity (number of passengers)
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Special equipment (lift, etc.)
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Insurance certification
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License number (if applicable)
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Odometer readings
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Documentation of accidents and/or repairs
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Maintenance documentation
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Annual Safety Inspections