Nevada County Municipal Code Ch. 21 County Vehicles

The Board of Supervisors enacts this [Chapter] to accomplish the following purposes:

A. To institute uniform rules and regulations governing the use and operation of County vehicles;

B. To assign Fleet Services Manager, department head and driver responsibilities pertaining to County vehicles;

C. To establish a uniform policy regarding permanent retention and/or temporary retention of County vehicles;

D. To establish a formal policy for reporting vehicle accidents; and

E. To establish uniform policies regarding the use of private vehicles on County business.

(Ord. 2518. (03/14/2023))

Each department head of the County of Nevada shall be responsible for assuring that all employees and volunteers within their department who drive vehicles on County business are thoroughly aware of and comply with these rules and regulations.

(Ord. 2518. (03/14/2023))

A. Responsibility for County vehicles shall be centralized under the direction of the County Fleet Services Manager.

B. County vehicles shall be operated only by an authorized County employee, officer, volunteer or agent possessing a valid driver's license of proper class for the vehicle being operated.

C. Use of County vehicles for any purpose other than County business is prohibited.

D. Use of a County vehicle for transportation to home or a restaurant, for meals, is prohibited unless the following conditions exist:

1. The employee is in route while on field duty or attending a meeting on official County business; or

2. The permanent or temporary retention of a County vehicle is authorized.

E. Transportation of any person not connected with County business shall be prohibited in County vehicles except where: (1) With prior approval of the department head that such transportation is in furtherance of County business, or (2) in situations imposing immediate personal danger an employee or volunteer may assist any such person to another location. This policy does not permit the transport of individuals to non-work-related destinations or for non-work purposes.

F. Members of the Board of Supervisors and their spouses may attend local, regional or State meetings by travel in County vehicles. With the written approval of the appropriate department heads, County employees may transport their spouses to local, regional or State meetings by travel in County vehicles; provided, however, that there shall be no additional costs incurred by the County by such travel, and no County employee shall be displaced from travel in a County vehicle by the application of this Section.

G. Seat belts shall be worn while operating or riding in County vehicles. The driver of the vehicle shall be responsible for passenger adherence to this rule.

H. Smoking in County vehicles is prohibited.

I. Use of cell phone while driving a County vehicle must comply with Cal. Veh. Code § 23123.5, allowing for hands free operation and specific handheld exceptions. Any other usage is prohibited.

J. Use of a County vehicle to haul any material or pull a trailer for any other purpose than County business, is prohibited.

(Ord. 2005. (09/14/1999); Ord. 2518. (03/14/2023))

The Fleet Services Manager shall plan, organize and direct all facets of the County Vehicle Program including, but not limited to, the following:

A. Scheduling, coordinating and supervising all maintenance and repair activities;

B. Establishing and maintaining a maintenance and repair cost program;

C. Preparing recommendations and specifications for replacement and/or new vehicles;

D. Transferring vehicles between departments;

E. Preparing surplus vehicles for disposal in coordination with the Purchasing Agent;

F. Preparing new and/or replacement vehicles for service;

G. Managing all facets of a centralized motor pool; and

H. Performing related duties as required.

(Ord. 2028. (05/02/2000); Ord. 2518. (03/14/2023))

Each department head shall:

A. Approve usage for temporary employees or volunteers;

B. Be responsible for the enforcement of rules and regulations contained in this Chapter;

C. Be responsible for the effective utilization of County vehicles;

D. Support the concept of defensive driving;

E. Review accident reports and assure corrective action is taken;

F. Maintain a current listing of employees' and volunteers' drivers' license and vehicle insurance expiration dates;

G. Be responsible for registration of employees and volunteers with the Department of Motor Vehicles Pull Notice System, where the employee or volunteer is required to maintain a Class A or B license for the operation of County vehicles. A Class A or B driver's license is required when employees operate passenger vans with seating capacity of ten (10) or more passengers, including the driver, as well as heavy truck operators (those operating vehicles with gross vehicle weight of twenty-six thousand one (26,001) pounds or more);

H. Be responsible for obtaining a completed certification as required in this Code for temporary employees and volunteers authorized to operate a county vehicle or privately-owned vehicle on County business;

I. Department heads to whom vehicles have been assigned shall submit monthly mileage and fuel reports to the Fleet Services Manager.

(Ord. 2518. (03/14/2023))

All County employees and volunteers, when using any vehicle on County business, shall:

A. Operate vehicles in a safe, reasonable manner consistent with the intended use of the vehicle, and behave or conduct oneself in a manner that is professional and in the best interests of the County.

B. Observe all traffic laws, rules and regulations. Fines and penalties imposed for violation of traffic laws, rules and regulations while on County business, other than those due to County equipment violations or to over-length or over-width County vehicles, are the responsibility of the driver.

C. Whenever possible, inspect the assigned vehicle to ensure its safe operating condition.

1. Inspection shall include inspection of stop, turn and taillights, head lamps, windshield wipers, tires and seat belts. In addition, engine oil and coolant levels shall be checked. Departments may designate one (1) employee to inspect all assigned vehicles.

2. If there is evidence of accident damage, it shall be reported immediately to the supervisor before leaving the parking area.

D. County officers, employees, volunteers, and members of boards, commissions and committees, prior to using any vehicle on County business, shall certify that:

1. The driver and any privately-owned vehicle to be used on County business are currently licensed, that such licenses have not been revoked or suspended, and that restrictions concerning any license will be met by the driver;

2. The driver and any privately-owned vehicle used on County business are insured by a company authorized to do business in the State of California in the minimum amounts specified by law; and

3. The driver has read all articles pertaining to vehicles in the Code of the County of Nevada and will faithfully abide thereby.

Said certification shall be made on a form provided by the Human Resources Department.

(Ord. 2518. (03/14/2023))

When not being used on County business, all County vehicles shall be kept on County property except as herein provided.

Temporary or permanent retention of a County vehicle may be authorized when, in the opinion of the Fleet Services Manager, storage facilities for the vehicle are not adequate due to lack of security of space, and/or the interests of the County are best served by permitting permanent or temporary retention.

A. Permanent Retention shall constitute the ongoing retention of a County vehicle by a County employee or officer at their place of residence, as authorized under this Section. In no event shall permanent retention be authorized for any period longer than one (1) year.

1. An application for authorization for the permanent retention of each vehicle shall be submitted by the department head to the Fleet Services Manager. Justification for permanent retention shall be based on the following criteria:

a. The employee must respond to emergencies requiring immediate attention during off-duty hours for the protection of persons or property specifically requiring their presence in a supervisory or technical capacity. Such emergencies must require immediate travel to the emergency scene; or

b. Retention is necessary for programs required by State law for operation of a 24-hour Emergency Response System.

2. All permanent retention applications shall be submitted on forms provided by the Fleet Services Manager.

3. All approved permanent retention requests shall automatically terminate on the succeeding July 1st.

B. Temporary Retention. Department heads shall be authorized to grant temporary retention of vehicles to employees based on the following criteria:

1. When an employee is scheduled for standby duty outside of normal working hours due to conditions arising from adverse weather; or

2. When an employee is returning from an officially authorized trip after 5:00 p.m. or leaving before 8:00 a.m.

C. Any employee authorized to permanently or temporarily retain a County vehicle shall not use said vehicle for any private purpose while the vehicle is within their possession.

(Ord. 2518. (03/14/2023))

A. Any employee or volunteer using a County vehicle or a private vehicle on County business who is involved in any type of a vehicle accident, whether or not visible damage is apparent, shall report the accident on the County's accident report form as soon as appropriate emergency action has been taken. The accident report form can be found in the glove compartment of each County vehicle or may be obtained from the employee's or volunteer's department head or the Risk Manager. The completed form is to be given to the employee's or volunteer's department head or the department head's designee. If the employee or volunteer involved in a vehicle accident is not physically able to complete the report form, it shall be the responsibility of the department head, or their designee, to arrange to have the employee or volunteer interviewed and the accident report form completed. When possible, pictures should be taken to accompany the report. The department head, or department head's designee, shall review the form to ensure it is properly completed and shall forward copies of the form to the Risk Manager, the Fleet Services Manager and the Human Resources Department for inclusion in the employee's file.

B. At no time shall an employee or volunteer discuss any accident or facets related thereto with anyone other than investigative law enforcement officers, the employee's or volunteer's immediate supervisor, department safety officer, department head, the Risk Manager or County Counsel, without approval of the Risk Manager or County Counsel. All inquiries shall be referred to the Risk Manager.

(Ord. 2518. (03/14/2023))

A. By mutual consent of the County and employee or volunteer, the use of privately-owned vehicles on County business may be allowed when such use is determined to be in the best interest of the County. However, prior to use of a private vehicle on County business, all of the following conditions must be met:

1. Use of the privately-owned vehicle shall be authorized by the individual's department head;

2. A valid driver's license shall be in the driver's possession at all times;

3. Vehicles shall be adequately insured. The liability insurance coverage on any private vehicle used in County business must conform to the minimum requirements for financial responsibility, as set forth in Cal. Veh. Code § 1602;

4. The vehicle shall be in a sound mechanical condition adequate for providing required transportation in a safe manner;

5. The vehicle shall be equipped with, and each occupant will be required to use, seat belts.

B. The cost of damage and/or wear and tear to a privately owned vehicle used on County business is the responsibility of the owner of the vehicle.

C. Only conventional automobiles equipped with four (4) or more wheels and steel or fiberglass doors shall be used on County business. Motorcycles, mopeds, scooters, bicycles, or similar vehicles may not be used to conduct County business.

(Ord. 2005. (09/14/1999); Ord. 2518. (03/14/2023))

A violation of this Chapter shall not be a misdemeanor or infraction but may be cause for disciplinary action pursuant to the Nevada County Personnel Code.

(Ord. 2518. (03/14/2023))