Driver Requirements, Programs, and Recordkeeping

Driver requirements apply to all individuals whose job description includes the operation of a vehicle. This includes drivers operating DHS state vehicles and Contractor vehicles. All drivers must 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 responsible for ensuring all Subcontractors are compliant with driver requirements.

​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 3 years driving experience in order to transport individuals.

​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:

  1. If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation

  2. If the vehicle is designed to transport 16 or more individuals, including the driver

  3. 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

​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. 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.

All drivers must keep employers informed of legal violations. A legal violation may include, but is not limited to, a citation, an arrest, 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

During the hiring process, drivers should not have six or more points against their driver’s license, or have a suspended or revoked driver’s license within the last five years, for violations as indicated by DDS. Employers and employees are strongly advised to refer to the DDS website for a comprehensive list of violations with associated points. This information should be used 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

Contractors must conduct a National Background Check with fingerprints for 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. In addition, drivers with substance abuse crimes, the DHS Personnel Policy 1301 will apply. 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 individuals. 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 if their license has been placed in a suspension, revocation, or cancellation status. The driver must not operate a state vehicle or transport individuals 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 should be provided at the Contractor’s expense. Within 90 days of hire, all drivers must be in compliance with the terms in the Transportation Providers Agreement. To comply with 49 CFR Section 37.173, drivers must have the following training:

  • General Orientation

  • Passenger Assistance, Safety, and Sensitivity Training

  • Certified Courses in Basic First Aid & CPR

  • Defensive Driving

  • Wheelchair Securement Training

    The employer must maintain evidence of all trainings in their Driver Qualification Files.

TPs should provide an ongoing safety and sensitivity program and should maintain documentation of all completed trainings.

TPs should contact their RTO if they require support to identify appropriate trainings for drivers.

​Service Delivery and Safety

To help ensure safe transport of individuals, all drivers must adhere to the following:

  1. Must comply with applicable laws.

  2. Must be competent in his or her driving habits.

  3. Must be attentive and never leave individuals unattended during transport.

  4. Must be courteous, patient, and helpful to all individuals.

  5. Must be professional in appearance.

  6. Must exit the vehicle to provide assistance with boarding and exiting.

  7. Responsible for curb-to-curb services only. As a best practice, the HSP should discuss transportation needs of individuals who require a higher level of supervision. The driver must observe that an individual has safely entered the door of the destination.

  8. The transfer of responsibility from the driver to the caregiver or HSP, occurs once the individual is assisted off of the transportation vehicle or when the individual exits the vehicle at the drop-off location. For individuals with special needs and for individuals who require a certain level of supervision, the driver must ensure that the individual is accompanied by either staff or a caregiver at all times. At no point should a driver enter an individual’s residence to provide assistance. A driver should contact 911 and/or an emergency contact if an urgent circumstance is observed during the drop-off.

  9. Ensures individuals are properly seated and all safety measures are followed, to include seatbelt compliance. Individuals and drivers must wear seat belts at all times. The driver must comply with O.C.G.A 40-8-76.1. if an individual has a written medical exception that would prevent them from wearing a seatbelt.

  10. Must be trained to assist with mobility aids and ensure the securement of wheelchairs and other mobility devices. Individuals are not allowed to operate vehicles or wheelchair lifts. The driver must make every effort to assist individuals as needed.

  11. For safety at destination locations, individuals should not be forced to cross streets or parking lots. Therefore, the drop-off location should be near the point of entrance.

  12. Should not use alcohol, medications, or drugs that would impair their ability to perform while on duty.

  13. Should not smoke, eat, or drink while the vehicle is in motion.

  14. Should not use headphones or a cell phone while operating a vehicle.

  15. Will use GPS devices in accordance with state laws.

  16. Should not assume responsibility for individuals' personal items.

  17. Should follow safety protocols when refueling a vehicle. Therefore, individuals should not be onboard.

​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.

​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. All drivers and monitors must have a national criminal history records check, regardless of the date of original employment. As a best practice, Contractors should renew criminal history record checks every three (3) years. 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

In an effort to ensure the safety of individuals who are transported, DHS 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 drivers and monitors.

All employees who are hired by Coordinated Transportation Providers are subject to Drug and Alcohol Testing Requirements.

TPs and Human Service Providers (HSPs) must not utilize drivers who are known abusers of alcohol, narcotics, drugs, and/or medications that would endanger the safety of individuals. If the transportation provider suspects that a driver is driving under the influence, the provider must immediately remove the driver from providing services under the transportation agreement with DHS. If an HSP suspects a driver is driving under the influence, the HSP should report to the Prime Contractor, DHS, and the proper authorities if applicable; individuals should not be allowed to board a vehicle if an HSP suspects that driver is under the influence.

​Required Elements of an Anti-Drug Use and Alcohol Misuse Program

Employers should have policy statements regarding prohibited drug use and alcohol misuse in the workplace, including the consequences associated with prohibited drug and alcohol misuse. Employers must have a pre-employment education and training program to include anti-drug and alcohol misuse information and procedures for addressing positive drug test results.

The program should also include community resources for substance abuse treatment availability.

​Retention of Records

Employers, Contractors, and Subcontractors must maintain the following as applied by law and DHS policies:

  • Records in a secure location with controlled access.

  • Positive results should be kept on file for five years, including any refusals for testing.

  • Negative Test results should be retained for one year.

  • Records of the collection process must be documented and kept for two years.

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 subcontractors. The tests include: Pre-Employment, Random, Reasonable Suspicion, and Post Accident.

If an employee tests positive for illegal drugs or alcohol misuse, they will be removed from their 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. 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 should 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:

  1. An individual dies, (fatal accident) or

  2. An individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident; or

  3. If injury or damage occurs to the vehicle or its occupants; or

  4. 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 should 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 should 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 must 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 a failure to submit to testing, will result in the Contractor requiring the employee to cease performing safety-sensitive functions, including operating a vehicle.

​Driver Monitoring

OFSS monitors compliance.

​Driver Qualification Files

DHS requires that a Driver Qualification File (DQF) be established and maintained for individuals who operate vehicles. This guidance is extended to employees who operate state vehicles.

Each driver’s record is subject to an initial, an annual, and an interim inspection by DHS (Appendix 20 – Driver Qualification Folder (DQF) Checklist). Drivers who fail to meet qualifications, will be prohibited from driving under a transportation agreement with DHS. All Vehicle Operators who fail to meet the requirements applicable to their roles, will be prohibited from operating state-owned vehicles.

All records concerning driver’s qualifications must be made available to OFSS and the Prime Contractor for review. DHS reserves the right to prohibit drivers from performing services under any transportation agreement. DHS also reserves the right to prohibit individuals from operating a state-owned vehicle. Driver files should include documentation of the following items:

  • Copy of valid driver’s license

  • Motor Vehicle Report (MVR) and documentation of annual reviews

  • 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

  • Documentation of any accidents or moving violations involving the driver

  • Passenger Assistance, Safety, Sensitivity Training, Courtesy, and Sensitivity Awareness Training

  • A Certified Defensive Driving Course

  • A Certified Basic First Aid & CPR Course

Prime Contractors must review MVRs with Subcontractors annually and identify any offenses and actions needed to maintain compliance with requirements.

For additional information on Subcontractor/Contractor requirements, refer to Accident reporting in Chapter 3 – Risk Management and Insurance.

​Report my Driving Program

The "Report My Driving", through Driver-Check, is a program that serves as a 24-hour monitoring system, featuring the placement of specially designed bumper stickers. The stickers contain a vehicle and phone number that observers can call 24-hours a day, 7-days a week to report unsafe or unlawful driving behaviors. Observers can also report compliments on drivers' behaviors.

​Program Overview

  • A concerned citizen calls the 888-576-9685 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.

  • Driver-Check sends incident reports to the appropriate contact(s) for the agency, for further review.

  • 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).

  • The supervisor completes a short report indicating that the driver has taken the needed training.

  • 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 and monitored through the Vehicle Management System. 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.

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:

  • 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.

  • Mileage must be recorded on each fuel purchase where mileage is not obtained by automated processes for recording into the Fleet Management System.

  • 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.

  • 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. PINs will not be written on the card. Compromised PINs will be cancelled immediately.

  • 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.

  • Separate fuel cards will be obtained for other power equipment needs.

  • 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.

  • If a card is lost or stolen, it will be cancelled immediately.

  • 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

​Capturing Data

It is the responsibility of the Prime Contractor to maintain records to include maintenance records, inspection reports, and vehicle expenses.

​Vehicle Reporting

OFSS is responsible for managing the Vehicle Management System records, to include fuel reports, maintenance reports, mileage, and repairs.

The Vehicle Management System downloads fuel data from the WEX fuel program.