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RES 883RESOLUTION NO.5 "H 3 A RESOLUTION adopting a vehicle accident control program. WEIEREAS,vehicle accidents result in property damage,loss of production and time,and are part of increasing liability costs incurred by the City,and WHEREAS,implementation of a program to reduce accidents and increase employee safety is in the benefit of the City and of its employees,and WHEREAS,staff has caused to be prepared a document entitled “City of Camas Vehicle Accident Control Program”,which contains guidelines and procedures for the use of City automobiles and the use of personal automobiles while on City business,and WHEREAS,the Council desires to adopt such program, NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Camas as follows: Section I There is hereby adopted by reference that document entitled “City of Camas Vehicle Accident Control Program”for the purpose of establishing guidelines and procedures for the use of City vehicles and the use of personal vehicles while on City business. Section II All department heads are directed to implement the vehicle accident control program within their respective departments,and such program shall govern the use and operation of vehicles by City employees. ADOPTED at a regular meeting of the Council of the City of Camas this Z >day of October,1999. SIGNED : Mayor Clerk t ^ATTEST: tastoform:APP 5 // i i *City Attorney v N4..AWflWA»||citiesInsuranceAuthorityP.O.Box1165Renton,WA98057September23,1999Phone:425-277-7237JoanDurginFinanceDirectorCityofCamasPOBox1055Camas,WA98607Fax:425-277-7242RE:VehicleAccidentControlProgramDearJoan:I’venowhadanopportunitytoreviewtheVehicleAccidentControlProgramManualdevelopedbytheCityofCamas.ItcertainlyisagoodeffortandWCIAcommendstheCityfortakingtheFleetAuditsoseriouslyandrespondingsopositively.ThereareonlyacoupleofcommentsIwantedtosharewithyouwhichare:>WCIAhasre-evaluatedthepointsystemusedwithmotorvehiclereports.Iamenclosingacopyoftheupdatedsystem.Somecitieshaveremainedwiththeoldpointsystemwhichisalittle“tighter”whileotherhaveadoptedWCIA’scurrentpointsystem.Thechoicelieswitheachindividualmember.Themainconsiderationistobeconsistentwithwhateversystemyouuse.>InSectionV.Forms,followingthepageentitledDriver’sFile-CheckSheet,thenextpagestartswiththedefinitionofapreventableaccidentandthenhasasubsectionB.thatspecifieswhatisanon-preventableaccident.I’mnotsureifsubsection“B”wasatypographicalerror(shouldhavebeenA)orifmymanualismissingapagewhichwouldhaveincorporatedadditionalinformationandincluded“A”.AtanyrateIwantedtobringthistoyourattentionintheeventthatothermanualsmightalsobemissingapageifthatisthecase.Thankyouforthisopportunitytoreviewthemanual.Icertainlyappreciatetheeffortsofyouandyourstaffinputtingthistogether.Sincerely,MargaretLangworthyWRiskManagementRepresentative CITY OF CAMAS VEHICLE ACCIDENT CONTROL PROGRAM Vehicle Use Procedures and Guidelines Table of Contents CommitmentsI. Vehicle Use -General Guidelines 1.Introduction 2.Guidelines n. GuidelinesIII. Employment Procedures City Vehicles -Personal Use Personal Vehicles -City Business Use Driver Selection Driver Training and Education Driver Files Vehicle Inspection Vehicle maintenance Accident Reporting Evidence of Coverage/Accident Cards Accident Review Board 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. IV.Department Assigned Vehicle 1.Department Responsibilities 2.Vehicle Maintenance 3.How to Secure Repairs 4.Purchase of Supplies and Equipment a )accessory b)supplies V.Forms Request for Abstract of Record How to Determine Preventability Driver Evaluation Point System Driver’s Trip Report Accident Review Board Accident Review Board Request Presence Accident Review Board Findings Employee Performance Tracking Memorandum Supervisor’s Disciplinary Checklist •Vehicle Checklist •Driver’s File -Check List I.Commitments Commitments The City of Camas is implementing a Vehicle Accident Control Program.Property damage,loss of production and time are all part of increasing liability costs to the City due to City vehicle accidents.It is the intent of this program to prevent accidents and increase employee safety.This program is backed by the Mayor,City Administrator and all Departments.All levels of management will take an active interest in the implementation of the Accident Control Program. /M Vs^ Finance Director,RisCityAdministrator anager/! G\r* '"Fire ChiefPublicWorksDirector 7 'ULa J Library DoctorPoliceChief / creation SupervisorPark ayor 'Lmslll Date EMPLOYEE COMMITMENT The City of Camas implemented a Vehicle Accident Control Program in 1999.Property damage,loss of production and time are all part of increasing liability costs to the City due to City vehicle accidents.It is the intent of this program to prevent accidents and increase employee safety.This program is backed by the City Administrator and all Departments.All levels of management and employees are expected to comply with the Vehicle Use Policy and Policy Guidelines. As a condition of my employment I,,am committed to the Vehicle Accident Control Program and will abide by the Vehicle Use Policy and Policy Guidelines. Employee’s Signature Date II.Vehicle Use (General Guidelines) VEHICLE USE (General Guidelines) INTRODUCTIONI. It is the policy of the City of Camas to provide vehicles for business use,to allow employees to drive on City business,and to reimburse employees for approved business use of personal vehicles according to the guidelines below. II.GUIDELINES FOR VEHICLES: The term “vehicles”as used in these guidelines includes,but is not limited to, cars,trucks,backhoes,front-end loaders,graders,mowers,three wheel utility vehicles and any motorized transportation or equipment. Employees may not drive any City vehicles for City business without prior approval of their supervisor.Approval from supervisors may be granted on the “as needed by the employee basis”or on the basis of “requiring approval for each vehicle use”as determined by the supervisor. 1. Employees driving on City business are required to notify their supervisor should their operator’s license be restricted,changed,suspended or revoked by official state agency action.Failure to notify their supervisor may be grounds for disciplinary action. Employees holding the jobs designated as requiring regular driving for business shall have in their possession a motor vehicle operator’s license valid for the state in which they reside. 2. With City Administrator or Department Director approval,the City of Camas will reimburse employees the cost of acquiring and maintaining special endorsements to their driver’s license,when required solely for the operation of City of Camas equipment. Employees must,if driving is a condition of employment,be able to meet the driver approval standards of this policy at all times.Employees required to drive on City business may be subject to disciplinary action in the event that their operator’s license is suspended or revoked by official state agency action.In no case will the employee be allowed to operate City vehicles until such suspension is lifted. City vehicles will be permanently assigned to those departments which have demonstrated a continued need for them or have a specific departmental use. 3 . Employees who need transportation in the course of their normal work may be assigned a City vehicle for their use.All other employees needing transportation for Citv business mav use vehicles assigned to their 4. department or can schedule to use other City vehicles.As a last alternative,when no City vehicles are available,employees may use their own vehicles for business purposes provided insurance requirements outlined in Item 9 of this section and Section 3 of the Vehicle Use Policy have been met. Employees who drive a City vehicle on City business must,in addition to meeting the approval requirements above,exercise due diligence to drive safely and to maintain the security of the vehicle and its contents.In addition,such drivers must make sure that the vehicle meets any City standards for maintenance and driveability.Employees are also responsible for the cost of any driving infraction or fines as a result of their driving. 5. Employees are not permitted,under any circumstances,to operate a City vehicle,or a personal vehicle for City business,when any physical or mental impairment causes the employee to be unable to drive safely.This prohibition includes,but is not limited to,circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of injury,illness,or medication. 6. Employees shall not operate any City vehicle at any time or operate any personal vehicle during regular work hours with any alcohol or illegal drugs in the blood system as outlined in the “Drug and Alcohol Policy” and the “Commercial Drivers Drug and Alcohol Policy”.Employees shall not operate a vehicle when affected by any drugs,including those legally obtained and consumed.Violation of this policy may result in disciplinary action per existing union contracts and drug/alcohol policies. 7. Non-employee non-business associates are prohibited from riding as passengers in City vehicles.Because of the nature of passengers in police vehicles,ambulances,etc.,Police and Fire Department employees shall be exempt from this provision and shall follow their respective applicable departmental policies. 8. Employees who use their personal vehicles for approved business purposes will receive a mileage allowance rate set by resolution.This allowance is to compensate for the cost of gasoline,oil,depreciation,and insurance.Washington State Law mandates auto liability insurance and employees who operate personal vehicles for City business shall obtain auto liability coverage for bodily injury and property damage with a special endorsement for Business Use,when determined to be necessary by the insuring agent.Verification of this additional insurance or a letter from the employee’s insurance carrier stating that no additional insurance is necessary must be provided. 9. Employees must report any accident,theft,or malicious damage involving a City vehicle or a personal vehicle used on City business to their supervisor and the Finance Department regardless of the extent of damage 10 . or lack of injuries.Such reports must be made as soon as possible,but no later than forty-eight hours after the incident.Employees are expected to cooperate fully with authorities in the event of an accident.However, employees should make no voluntary statement other than in reply to questions of investigating officers.All employees must summon police to accident scenes for investigation and police reporting. Employees who are on call on a 24-hour basis and have been authorized to take a City vehicle home so they can respond as soon as possible need to provide written acknowledgment that they fully understand that the vehicle is used only as part of emergency response. 11. GuidelinesIII. VEHICLE USE GUIDELINES Employment Procedures1. If the physical exam (provided at the time of employment)reveals specific problem areas,further physical or optical examination may be required at the expense of the applicant.If further physical or optical examination is required, the applicant/employee must submit verification that the exam was completed by a physician.References shall be checked and a driver file is kept on each employee with information on accidents,citations,etc. A Motor Vehicle Report (MVR )shall be obtained from the Department of Licensing for every new employee.Employment with the City is contingent upon and acceptable rating as per the driver rating guide. In addition,supervisors are responsible for assuring: •Compliance with the policies set forth in the guidelines; •Drivers are properly licensed and trained in operation of any assigned vehicle; •Employees are informed that the maintenance of good driving habits and history is a requirement for holding or assignment to any job which requires operation of a vehicle on City business. Employees approved to drive on City business are required to inform their supervisor of any changes that may affect either their legal or physical ability to drive or their continued insurability.Failure to notify their supervisor may be grounds for disciplinary action.Employees required to drive on City business may be subject to disciplinary action in the event that their operator’s license is suspended or revoked by official state agency action. City Vehicles-Personal Use2. Definition:Personal use of City vehicle consists of using vehicle for trips that are solely for personal obligations and benefits;this also includes transportation of other passengers. Employees on call on a 24-hour basis may be allowed to take a City vehicle home so that they can respond as soon as possible to emergencies.Those employees shall provide written acknowledgement that they fully understand that the vehicle is used only as part of emergency response and that personal use of the vehicle is prohibited. The use of a City vehicle during or after consumption of alcohol or drugs is subject to the provisions of the existing “City of Camas Drug and Alcohol Policy” and the “Commercial Drivers Drug and Alcohol Policy”whether or not it is “on- duty hours”or during the use of a personal vehicle for City business. Personal Vehicles -City Business Use3. In some situations City employees may use their own personal vehicle for business use.The employee using their own personal vehicle must provide proof of auto liability insurance per Washington State Law. Employees who operate personal vehicles for City business should obtain auto liability coverage for bodily injury and property damage with a special endorsement for business use,when determined to be necessary by the insuring agent. Employees who use their personal vehicle for approved business purposes will receive a mileage allowance equal to the mileage allowance for such usage as adopted by resolution.The allowance is to compensate for the cost of gasoline, oil,depreciation,and insurance. Driver Selection4. All employees who drive City vehicles are required to have and maintain a valid driver’s license. A Motor Vehicle Record (MVR)shall be obtained before hiring new employees for whom driving is an essential job function. Vehicle keys shall be assigned to authorized personnel.Family members,friends, and non-business associates are prohibited from driving or riding as passengers in City vehicles.Police and Fire Department employees shall be exempt from this provision and shall follow their respective departmental policies with regard to passengers. Driver Training and Education5. All employees who drive City vehicles shall sign a form acknowledging their commitment to the Vehicle Accident Control Program. All personnel shall be advised of proper equipment maintenance,inspection,and other procedures,during the course of the City’s on-going safety program (provided by the assigned supervisor). Driver Files6. Applicable driving forms/files shall be maintained within the employee’s file and should include the following: Check sheet for Driver’s Forms Application for Employment Request for Check of Motor Vehicle Record Notice of Driving Privilege Suspended 1. 2. 3. 4. 7.Vehicle Inspection (Auto &Trucks ) 1.Automobiles and light trucks shall be inspected on a weekly basis or at such time as a vehicle is driven outside of Clark County.Any mechanical or physical deficiencies shall be reported to the Equipment Rental Department (or to the equipment officer their department).Trucks with a GVWR of more than 15,000 pounds and tractors shall be inspected and documented by drivers on a daily basis,and any mechanical or physical deficiencies reported to the Equipment Rental Department (or to the equipment officer their department).Individual departments may have their own special pre-trip inspection reports for their specialized equipment and have their own policy for frequency of inspection.Trip inspection reports shall be maintained by the department using the vehicle.The following is a “minimum”: Pre-trip inspection shall include the following: Exterior body condition All exterior lights Tires Interior condition,including cleanliness,seats,and floor Fire extinguishers Seat belts Steering wheel play Brakes (Service brakes) Parking (Emergency)brake Mirrors Dash and instruments Windshield wipers and washer fluid Windshield cracks or chips Evidence of Coverage/Accident Cards,City Accident Report,and a Police Accident Report form located in the glove box. a. b. c. d. e. f. g-h. l. J -k. 1. m. n. Post-trip driver report shall include: Service brakes not operating properly Parking brake not holding vehicle Vehicle wandering while driving Steering difficulty Exhaust fumes inside vehicle a. b. c. d. e. Any unusual noises which might indicate a broken spring, shock absorber,muffler,etc. Gauges,lights not functioning. f. g- 2.Periodic inspection (usually during routine lube/maintenance)by the Equipment Rental Shop should note overall condition of each vehicle in the Equipment Rental fleet and any deficiencies not previously reported. 3.All personnel shall be instructed in proper loading and inspection procedures for safe and legal operation by their assigned supervisor. 4.Vehicles which have been loaded shall be closely inspected by the driver to ascertain that the load is securely placed on the truck or trailer and overloads are not allowed. Vehicle Maintenance8. Proper records shall be kept by the Equipment Rental Department for Equipment Rental vehicles to show all routine maintenance.Vehicles owned by individual departments shall be maintained by that department. A typical maintenance file contains the following materials: 1. Maintenance file folder Vehicle service stickers Fuel and oil expense records Maintenance expense summary report Expense receipt records Repair orders Safety inspection report forms Driver reported defects shall be promptly corrected and repaired.2 . Factory recommendations pertaining to each vehicle’s scheduled preventative maintenance shall be followed by the Equipment Rental Department in establishing maintenance schedules for each vehicle. 3. A sticker shall be placed on the windshield of each vehicle indicating when that unit is next scheduled for preventative maintenance,lube and oil change,etc. 4. Accident Reporting9. Driver is required to fill out and submit to their supervisor and the Finance Department a City Accident Report Form and a Police Accident Report Form. •Reports should be factual.•Correctly identify all involved vehicles. •Provide complete and correct names,phone numbers,and addresses of all involved persons,including witnesses.Each person should be correctly identified as to their part in the accident;such as driver of vehicle number two,passenger in vehicle number one,or witness. •Accurately record the exact time,day of week,and date of the accident. •Identify the exact location of the accident site including cross streets and landmarks. •Accurately diagram the accident:direction of travel of involved vehicles; location of vehicles on the roadway;and location of traffic signals and signs, obstacles and other pertinent objects.Include points-of-impact and final resting-places for all vehicles involved in the accident.The diagram should show exactly what happened and where it happened. •Carefully preserve all accident documentation:reports,memorandums witness cards,photographs,evidence,and other data. •THE DRIVER SHOULD NOT ADMIT LIABILITY OR STATE THAT THE CITY WILL TAKE CARE OF THE DAMAGES.REFER ALL QUESTIONS TO THE CITY’S CLAIM CONTACT PERSON. •THE DRIVER SHOULD NOT DISCUSS THE INCIDENT WITH ANYONE OTHER THAN WITH THEIR SUPERVISOR OR OTHER AUTHORIZED PERSONNEL. Evidence of Coverage/Accident Cards10. All vehicles shall be provided with a copy of the Evidence of Coverage/Accident Cards,which shall be kept in the glove box. 1. All personnel shall become familiar with the forms provided.2 . Information received from accident reports shall be made available to the appropriate accident review board,and any other authorized interested parties,such as the insurance carrier or WCIA. 3. Accident Review Boards11. Each department shall establish an “accident review board”consisting of 3 to 5 employees (management,maintenance,and drivers).This is set up as a recommending board and not a decision making board. 1. Preventable Accident -Any accident in which the driver failed to do everything that reasonably could have done to prevent the accident. a. Non-preventable Accident -An accident in which the driver did everything that reasonably could have been done to foresee the conditions leading to the accident and took suitable safeguards. b. Accident review board’s shall follow the guidelines attached in determining preventability. 2. All employees involved in accidents should be notified in writing of the time and place their accident will be reviewed by their accident review board. 3. Following the accident review board’s findings,the employee involved in the accident shall be notified in writing of their decision concerning preventability. 4. The accident review board’s findings shall be forwarded to the employee’s supervisor for review and appropriate follow-up.The review board findings shall be attached to the departmental copy of the accident reports and kept in the respective department accident report files. 5. IV.DEPT ASSIGNED VEHICLE ASSIGNED VEHICLE RESPONSIBILITIES City vehicles will be permanently assigned to those departments which have demonstrated a continued need for them.Additional vehicles are maintained in a motor pool for use by individual employees,as needed. I.DEPARTMENT RESPONSIBILITIES The department assigned to the vehicle is responsible for the following: Vehicle cleaning (interior and exterior).1. Minor maintenance check of all fluid levels for each vehicle. •engine oil •transmission fluid •windshield washer filled •cooling system level •power steering fluid 2. Notify the Equipment Rental Department (or their department equipment officer)of any equipment failure or repairs (i.e.,lights). j. Perform the required pre-and post-trip inspections as outlined in the “Guidelines,section T . 4. II.VEHICLE MAINTENANCE &REPAIRS Regular maintenance will be scheduled with the Equipment Rental Department by the department which the vehicle is assigned to. 1. The department assigned to the vehicle is responsible for delivering and picking up the vehicle at the Equipment Rental shop or the vendor’s business. 2. ffl.HOW TO SECURE REPAIRS WITH A VENDOR Prior to delivering the vehicle to a vendor,the department is required to secure a purchase order.The vendor is only authorized to complete the work stipulated on the purchase order. 1. All paper work,including the invoice,are to be submitted to the Equipment Rental or the individual department’s equipment officer. 2. IV.PURCHASES OF SUPPLIES AND ACCESSORY EQUIPMENT Equipment,maintenance,and cleaning supplies for Equipment Rental vehicles will be paid out of the Equipment Rental account.Prior approval of purchases of accessory equipment is required.Specialized departmental equipment in vehicles such as two-way radios,computers,etc.shall be the responsibility of the individual department using the vehicle. ,* V .FORMS ASSIGNED VEHICLE ACKNOWLEDGEMENT I,the undersigned,do hereby fully understand that the vehicle assigned to me is to be used only as part of an emergency response. Vehicle Number: Signature of Employee Date Signature of Supervisor Date STATE OF WASHINGTONDepartmentoflicensing REQUEST FOR ABSTRACT OF DRIVING RECORD 'n abstract of driving record must be obtained through the Department of Licensing, his form may be used to request a copy of your driving record by completing the following information: FIRST NAMEPRINTLASTNAME MIOOLE INITIAL WASHINGTON ORIVER UCENSE NUMBER OATS OF BIRTH PURPOSE OF CRIVE RECCRO.IF NONE OF THE 30 XES ARE CHECKED,FORM WILL 3E RETURNED. •—|Three-year non-commercial insurance record. Three-year commercial insurance record.(For use by commercial employers'insurance companies only.) n Full employment/commercial record.(This record will only be used for employment involving the use of a vehicle in~the course of commerce.Furthermore,Washington prohibits the release of information contained in abstracts to any third party ,and the information may not be further sold,supplied,assigned or otherwise transferred.) T Complete record .(Shows all convictions,accidents ,and suspension/revccation actions.Alcohol related activities j stay on record for a minimum of ten years.Requested by the individual,attorneys,law and justice agencies,and governmental agencies.) : ereby authorize the Department of Licensing to forward my driving record to the address indicated below.i SIGNATURE CF DRIVER 0 A 7E i Vw A fee of S4.50 is required for each driving record requested.Fee should be in the form of a check or money order made "{/able to the Washington State Treasurer.Allow two weeks from date of mailing to receive your record.For further c estiens contact Customer Service at (360)902 -3900. Please mail your request to:Department of Licensing Driver Record Section FO Bex 9030 Olympia,WA 98507-9030 Ir ficate the address the driving record is to be mailed to in the space provided below. If o address is indicated,it will be mailed the address on record.Please print clearly or type. The Department of Licensing has a policy cf providing equal access to its services.If ycu need special accommodation,call (360)902-39C0 or TDD (360)66-1-0116. :a -552-ic 9 sea res A 3 STSACT DRIVING SECORO (R/9/9S)0R SAMPLE MVR iQr -552 -001 OADR ABSTRACT OF DRIVING RECORD-:F FOLLOWING IS A TRUE AND CORRECT COPY OF THE INFORMATION BEING MAINTAINED HE DEPARTMENT OF LICENSING AT OLYMPIA .WASHINGTON .INSURANCE COMPANIES ARE Ifr '0 TO,A 3 YEAR RECORD . EMPLOYMENT PURPOSES COMBINED EMPL /NON -EMPL REC'T 'TED 04 -12 -94 REQ U 03003 -102 -0003 STATUS :PDL CLEAR-C ss #: D 08 SEX.LICENSE ISSUED LICENSE EXPIRES 01 -02 -91 11 -27 -94 CONV DATE DSP CRT COURT N IDENT INCIDENTATE CIT -NOJ 53089 DISOBEY ROAD SIGN U 11090 SPEEDING 046 MPH 30 ZONE 030593 NEGLIGENT DRIVING 30593 DRIVING W /O LIABILITY IN 052493 073189 030190 052493 D SOUTH M SEATTLE M LAKE FOREST M LAKE FOREST 00010402 00462536 00004762 00004762 02 -CAR 02 -CAR 02 -CAR 103191 ACCIDENT MOVING 10992 ACCIDENI STANDING 51293 ACCIDENT MOVING *PAGE 1 OF 1 DRIVER’S TRIP REPORT I ]A.M.[]P.M.19DateTime License #MileageMakeVehicle Use “O”for OK and “X”for defect and/or condition needing attention Mechanic Driver General Condition Existing Body Damage Leaks:Water,Fuel,Oil,Grease WHEN APPROACHING VEHICLE u Fuel Seat Belts Brakes (Service and Parking) Steering (Excessive Play) Heater and Defroster Windshield Wipers Mirrors Horn Fire Extinguisher (If Applicable) First Aid Kit (If Applicable) IN CAB (APPLY PARKING BRAKE, START ENGINE, TURN ON LIGHTS) U H Tires Headlights Taillights Brakelights Turn Signals Body Condition License Plates Intact OUTSIDE UNIT (ENGINE RUNNING, LIGHTS ON) u u u DRIVER’S EVALUATION:Please express your opinion of the overall condition of the vehicle after you have filled out the trip report. Driver’s Signature Date VEHICLE CHECKLISTi VEHICLE NUMBER DATE : 5 MILEAGE OIL TIRES FLUIDS .* REPAIRS NEEDED ADDITIONAL COMMENTS SIGNATURE / DRIVER’S FILE -CHECK SHEET (For Department Director) Application for Employment (copy) Request for Motor Vehicle Record (copy) Verification of References CDL -Physical Motor Carrier Safety Regulations Parts 391.41 -391.49 (if applicable) a.Record of Road Test b.Certificate of Road Test c.Written Examination d.Answers to Written Examination e.Certificate of Written Examination Driver’s Data Sheet Record of Violations Annual Review of Driving Record Notice of Driving Privilege Suspended HOW TO DETERMINE PREVENTABILITY These guidelines may be used by the Accident Review Board in determining if an accident was preventable or non-preventable. What is a preventable accident?A. A preventable accident is an accident in which the driver failed to do everything he/she reasonably could have done to avoid it. What is a non-preventable accident?B. A non-preventable accident is an accident in which the driver did everything he reasonably could have done to foresee the things that caused the accident and took appropriate action to guard against them. Nearly all accident situations are covered in this material.For each type of accident,a series of questions are asked.If the answer to any of the questions is “NO”,then our driver was not practicing the best defensive driving. If is often difficult to assess preventability and difficult to make a driver understand where he was at fault.Drivers must be shown very specifically the kinds of hazards they must anticipate and defend themselves against.Without a clear concept of what defensive driving is,it becomes a frustrating catch-all in the minds of drivers. Following is a definition of a defensive driver,and the questions asked here will help to determine preventability and teach a driver what is meant by defensive driving.When you gather the facts about an accident,ask these questions to assess preventability. A defensive driver is one who makes allowances for the lack of skill or knowledge on the part of the other driver -who recognizes that he has no control over the predictable actions of other drivers and pedestrians nor over the conditions of weather or road,and who,therefore,develops a defense against all of these hazards.He concedes the right-of-way and makes other concessions to avoid a collision.He is careful to commit no driving errors himself and is defensively alert to avoid the accident traps and hazards created by weather, roads,pedestrians,and other drivers. Neither icy roads,hills,narrow roads,the absence of signs or signals out of order, nor the carelessness,recklessness,or ignorance on the part of others relieves the driver of his responsibility for driving without an accident.These are situations likely to be encountered at any time and the professional must drive accordingly. QUESTIONS FOR CONSIDERATION OF ACCIDENT REVIEW COMMITTEE IN DETERMINING PREVENTABILITY Intersection AccidentsI. The professional driver is responsible for approaching the intersection prepared to take such action as is necessary to avoid accidents,regardless of the actions of other drivers. Failure to obey the law or to heed traffic control devices on the part of the driver does not automatically make the accident non-preventable.The professional driver’s failure to take every precautionary measure prior to entering the intersection must be considered in making a decision.If a professional driver fails to check the cross traffic to be sure that they are going to stop,or if the driver forces the right-of-way instead of yielding then any resulting accident should be ruled preventable. Accidents involving special intersections such as alleys,driveways,plant entrances,etc., must be carefully reviewed to determine what action could have been taken to avoid the accident.Many of these intersections are blind and the other driver’s vision is blocked, therefore failure to slow down,sound a warning or yield the right-of-way can be considered sufficient cause to rule the accident preventable. Did our operator approach the intersection at a safe speed for the conditions? a. b.Was the operator prepared to stop before entering the intersection? At a blind comer,did the operator pull out slowly,ready to shift operator’s right foot to the brake pedal? c. Did the operator make sure the other driver would stop for a traffic light or a stop sign? d. Did the operator obey all traffic signs and signals?e. f.Did the operator signal well in advance of intended change of direction? Did the operator turn from the proper lane?g- Was the operator alert to the turns of the other vehicles?h. Did the operator avoid overtaking and passing in the intersection?l. Did the operator refrain from jumping the green signal or riding through the caution light?J - IF THE ANSWER TO ANY QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. II.Collision with Vehicle Ahead and/or Behind The professional driver can prevent front-end collisions by maintaining a safe following distance at all times.“Tail-gating”is one of the most frequent causes of accidents and can never be excused.Regardless of abrupt or unexpected stops or actions of the driver ahead,your driver must be able to stop safely.Paying more attention to the road ahead of the driver you are following will help to anticipate his actions.Night speed should be adjusted so that the stopping distance is not greater than the forward distance illuminated by the headlights Professional drivers risk being struck from behind by failing to maintain a safe following distance.Failure to signal intentions or failure to slow down gradually for traffic signals or grade crossings,thus trapping the following driver should be cause for ruling the accident preventable. Rolling back into a vehicle is the result of not keeping the vehicle under control and is considered preventable. Was our operator maintaining a safe following distance?a. Was the operator keeping own eyes and mind ahead of the car ahead?b. Did the operator approach the green traffic light cautiously,expecting the driver ahead to stop suddenly on the signal change? c. Did the operator keep from skidding?d. IF THE ANSWER TO ANY OF THESE QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. Backing AccidentsIII. It is extremely rare that a backing accident is ruled non-preventable.Even when being guided,the driver is not relieved of the responsibility to back safely.The guide is just an aid and cannot control the movement of the vehicle.The driver must check clearances for own self. Was it necessary to back?a. Did the operator have to park so close to the car ahead as to require backing to leave the parking space? 1. Did the operator have an opportunity to pull through an empty parking space and park the vehicle facing the direction of travel so as to create a no backing situation? 2. Was it necessary to drive into the narrow street,dead-end alley,or roadway from which the operator backed? b. If the operator could not see where he/she was backing:c. Did the operator try to get someone to provide assistance with the maneuver? 1 . Did the operator look all around the vehicle before getting in?2 . Did the operator back immediately after looking?3. Did the operator use the vehicles horn or other warning device while backing? 4. Did the operator look to the rear without depending on the rearview mirror? 5. If the distance was long,did the operator stop,get out,and look around occasionally? 6 . Did the operator back slowly ?d. Did the operator judge available backing clearance accurately?e. IF THE ANSWER TO ANY QUESTION IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. Pedestrian,Bicycles,Motor ScootersIV Pedestrians are generally considered to have the right-of-way over vehicles even though their actions may be unorthodox.Shopping areas,school zones,play areas and areas of congested pedestrian traffic require reduced speeds:in many cases much below the posted limits.An accident caused by “going too fast for conditions”should be ruled as preventable. Bicycles,motor scooters,etc.,frequently perform sudden,unexpected maneuvers.A driver who fails to reduce speed,pull over or otherwise take pre-cautions when this type of equipment is near,has failed to take proper defensive driving measures and the accident is preventable. Did the operator drive through congested sections expecting that pedestrians might step in front of the vehicle? a. Was the operator prepared to stop?b. Did the operator keep as much clearance between the operated vehicle and parked cars as conditions permitted? c. Did our operator refrain from passing a vehicle that had stopped to allow pedestrians to cross? d. Did the operator refrain from jumping the green signal or riding through the yellow light? e. Was the operator aware of groups of children and was the operator prepared to stop if one ran into the street? f. Did the operator give all pedestrians the right-of-way?g- Did the operator refrain from passing a school bus which was stopped?h. IF THE ANSWER TO ANY QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. Changing Traffic Lanes /Pulling from the CurbV Passing is a voluntary action and failure to pass safely indicates possible faulty judgement or a lack of consideration of all of the factors affecting the maneuver.Actions of oncoming traffic or of the traffic being passed do not excuse the professional driver. These actions should be anticipated and considered before starting the maneuver. Being passed requires that the professional driver yield to the passing vehicle by slowing down or moving to the right if the passing driver is trapped and a sideswipe or cut-off imminent. Lane encroachment accidents on the highway or in merging traffic indicates an unwillingness to yield to vehicles or to wait for a safe break in traffic.Blind spots are not a valid excuse.The professional driver must use extra caution to allow for the areas of limited vision. “Squeeze plays”involving fixed objects or other vehicles can be avoided by dropping back when it is apparent the other driver is forcing the issue or contesting a common portion of the road. Pulling away from a parked position is actually a change of traffic lane and as such the burden of responsibility is on the driver pulling out.An accident resulting from our operator pulling out from the curb should be judged preventable. Did our operator look to the front and the rear for approaching traffic and overtaking traffic immediately before starting to change traffic lanes or pull out from the curb. a. Did the operator look back rather than depend on the rearview mirror?b. Did the operator signal before changing traffic lanes or pulling from the curb? c. Did the operator start the maneuver only when the action would not require traffic to change its speed or direction to avoid the operated vehicle? d. Did the operator continue to glance back while changing traffic lanes or pulling out from the curb? e. Did the operator yield to overtaking vehicles?f. IF THE ANSWER TO ANY OF THESE QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. VI.Skidding /Weather Rain,fog,snow,ice and sleet do not cause accidents.They are the environment to which the driver must adjust.Failure to properly adjust driving to the existing conditions or laying over when conditions require,should be grounds for deciding the accident was preventable.Failure to use skid chains,sanders,etc.,provided by the City should be considered as a failure to adjust to conditions and any resulting accident should be ruled preventable. Was our operator driving at a safe speed for the conditions of weather and road? a. Was the operator keeping at least twice the safe following distance for dry pavement? b. Were all of the operator’s actions gradual?c. Was the operator expecting ice on bridges,in gutters,rats,and near the curb? d. Was the operator expecting melting snow,freezing in the shade,loose gravel,sand,ruts,slick pavement,etc.? e. Did the operator keep out of car tracks and cross them at wide angles?f. Did the operator use traction devices provided in the vehicle?g- IF THE ANSWER TO ANY OF THESE QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. VII.Parked Even though the City vehicle is stationary an accident can be ruled preventable. Unconventional parking locations,crooked parking,double parking,failure to put out warning devices,etc.,will generally be considered a lack of defensive driving techniques. Therefore,any accident resulting from such failure should be ruled preventable. Failure to properly lock an unattended vehicle thus permitting unauthorized entry should be grounds for ruling roll-a-way preventable. Was our operator on the correct side of the road?a. b.Was it necessary to park near the intersection? Did the operator have to park on the traveled part of the highway,on the curve,or on the hill? c. Where required,did the operator warn traffic by flag or flare?d. Did the operator park parallel to the curb?e. IF THE ANSWER TO ANY OF THESE QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. Vm.Turns Any time a professional driver leaves a traffic lane,the complete responsibility for the maneuver is the driver’s.Signaling is not enough.Traffic on both sides,and to the rear must be check carefully before making a change.“Squeeze plays”caused by left or right turns are the responsibility of the driver making the turn.Failure to signal,signaling too late,failure to properly position for the turn,to check mirrors before and during the turn or take any other necessary defensive action,must be considered by the accident review board. Accidents involving turns by other drivers should be investigated and examined to detail. The non-turning driver may have failed to recognized that a turn was pending from the action of the other vehicle and thus failed to take proper defensive action,or the operator may have tried to force the right-of-way.Any such lack of defensive driving should deem the accident preventable. Any accident involving a U-turn on the part of our driver should be ruled preventable. Did our operator signal the intention to turn?a. Did the operator signal far enough in advance of the turn?b. Did the operator check mirrors prior to making the turn?c. Did the operator position vehicle properly in lane prior to turn?d. Did the operator yield the right-of-way to oncoming traffic?e. IF THE ANSWER TO ANY OF THESE QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. IX.Vehicles Going in Opposite Direction The head-on or sideswipe accident involving vehicles going in opposite directions is one of the most difficult to classify.The exact actions of each vehicle prior to the accident must be determined,in order to ascertain whether our driver should have been warned of a possible involvement by the actions and maneuvers of the opposing vehicle. If the opposing vehicle was passing and thus intruding into our lane and our driver failed to slow down,stop or pull to the right,then our driver failed to take proper defensive measures and the resulting accident should be judged preventable.Failure to warn the other driver by horn or flickering headlights also should be considered. Did our operator stay within the proper lane of travel?a. Did the operator slow down for the approaching vehicle?b. Did the operator position vehicle to the right of lane or pull onto shoulder of road? c. Did the operator come to a complete stop on the right shoulder of road?d. Did the operator attempt to warn oncoming motorist by sounding horn and flashing headlights? e. IF THE ANSWER TO ANY OF THESE QUESITONS IS “NO”,OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. Mechanical FailureX. A driver should inspect the vehicle’s equipment before starting a trip,and report unsafe conditions.Immediate repairs should be obtained if continued operation could cause an accident.If an accident is caused by mechanical failure that reasonably could have been detected by the driver,the accident should be judged preventable. If a mechanical defect occurs or develops during a trip the driver should notify management.If the trip is continued without such notification and an accident results, then it should be judged preventable. Abusive driving which creates abnormal strain and leads to mechanical failure resulting in an accident,is also preventable. Did our operator perform a pre-trip inspection of a vehicle?a. Did the operator identify all know deficiencies to maintenance personnel?b. If the defect developed during the trip,did the operator stop and inform management of the defect? c. Did the operator perform maneuvers within the normal range of activities the vehicle is designed for? 4 IF THE ANSWER TO ANY OF THESE QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY. XI.Fixed Objects Collision with fixed objects such as low overheads,buildings,poles,parked cars,etc., must be considered as preventable accidents.Asking a bystander’s opinion on clearance does not relieve the driver of the responsibility.Resurfaced pavement causing low overhead and other changes in conditions along a route are not valid excuses. Deliveries on private property,at construction sites or on driveways not designated to support heavy trucks or buses create special problems.It is the driver’s responsibility to discuss the operation with the proper authorities and obtain permission prior to entering the area.If the driveway is too weak or too narrow (so that wheels may damage the lawn and customer insists,the driver should get permission from the supervisor’s office before entering).Failure to do so should deem the accident preventable. Did our operator stop and physically observe clearances?a. Did the operator take reasonable precautions to identify a potential to damage others property? b. Did the operator obtain approval from the supervisor to enter the area at customers request when potential to damage others property was identified? c. IF THE ANSWER TO ANY OF THESE QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. XII.All Others Could our operator have done anything to avoid the accident?a. Was the operator’s speed safe for conditions?b. Did the operator obey all traffic signs and signals?c. Was the operator’s vehicle under control?d. Had the operator followed identified routing and delivery instructions?e. Did the operator call in for help when in doubt?f. Did the operator report this accident as soon as he/she returned?g- IF THE ANSWER TO ANY OF THESE QUESTIONS IS “NO”,OUR OPERATOR WAS NOT DRIVING DEFENSIVELY AND THE ACCIDENT IS CONSIDERED PREVENTABLE. DRIVER EVALUATION POINT SYSTEM The purpose of the Driver Evaluation Point System is to provide guidelines for WCIA members to evaluate applicants’and current employees’driving records in order to determine eligibility for a City position when driving is a function of the job.City Department Directors or personnel staff members are responsible for performing this evaluation. How to use this guide: The driver’s Motor Vehicle Record (MVR)is compared with the Driver Evaluation Point Value Guide to determine a point total. 1. This total is compared with the Driver Rating Guide to determine the individual’s driving acceptability. 2. Things to keep in mind: The job the individual may perform/is performing may not relate to certain violations listed in the Driver Point Value Guide. 1. Consider the applicability of the individuals past violations to the job the applicant or employee will perform. 2. Review the details of the violations listed on the MVR with the applicant/employee to determine if any extenuating circumstances exist regarding the information. 3. Accidents listed on MVR’s are coded with a two-digit number (e.g.01-CAR,02- CAR)which indicates the number of vehicles involved in the particular accident. This number is NOT an indication the driver was or was not at fault. 4. DRIVER RATING GUIDE The guide reflects an acceptability range of a driver,based on the score tabulated after comparing the individual’s MVR to the Driver Point Value Guide. POINTS: Indicates an acceptable rating as a driver.0-4 Indicates a questionable rating as a driver.The Department Director should reconsider placing or maintaining this individual in a driving position. 5-6 7 or More Indicates unacceptability.Management should give serious consideration to placing or maintaining this individual in a driving position. DRIVER POINT VALUE GUIDE This guide is used to determine points associated with each violation listed on the individual’s MVR.When a violation is given a point range (e.g.1-2)it indicates the reviewer should look at the particular details of the violation in order to determine its severity and secure it appropriately. EXPLANATIONPOINTS NON-SPEED RELATED MOVING VIOLATIONS Spilling load2 Fail to secure load (safety chains /devices)1 Fail to stop at scales0 Over weight/height/length1 Improper turn (cutting comers)1 Prohibited turn (U-turn)1 Improper lane change1 Improper lane travel (HOV lane)0 Driving on the shoulder,on sidewalk1 Improper backing2 Failure to (or improper)signal1 Failure to yield right of way: •at yield or stop sign •at uncontrolled intersection •during left turn against traffic •at traffic obstructed intersection •on private road •to emergency vehicle •while starting from a parked position •slow-moving traffic to pull off road •failure to yield to pedestrian •driver to exercise care -avoid collision with any pedestrian 2 Disobey signal person or officer2 Driving wrong way •on one-way street (or freeway) •straddling or over the center line •driving on wrong side of road/cross divider 3 Failure to stop •steady red signal,steady red arrow •flashing signal •intersection other than arterial •train signal •certain railroad grade crossings •emerging from alley or driveway •for school bus 2 Disobey road sign •lane direction control signal •school patrol 2 Driving without lights1 Failure to dim headlights1 Seat belt -driver or passenger1 Following too closely2 Improper passing •overtaking •passing on right 2 •insufficient distance •on hill,curve or within 100 feet of intersection •in no passing zone Open container law violation -driver or passenger2 Illegal or missing vehicle equipment1-2 Impeding traffic•blocking•slow-moving vehicle 1 Violating license restrictions (medical,vision,equipment)2 Defective equipment•muffler/exhaust 1 Crossing fire hoses1 Headphones or TV1 Obstructed vision or control1 No shields or mirrors (Motorcycle)1 Inattention to driving2 No license on person•driving without CDL license 1 Driving with a suspended/revoked/canceled license4 No proof of liability insurance1 SPEED -RELATED MOVING VIOLATIONS Speed too fast for conditions2 Speed -basic rule2 Negligent driving4 Reckless•driving•endangerment•endangerment in construction zone 5 Racing6 Hit and run7 •occupied vehicle •unoccupied vehicle CRIMINAL VIOLATIONS DUI /Physician Control7 ACCIDENT REVIEW BOARD 1.0 PURPOSE: To establish policy for the composition and authority of the Accident Review Board and to establish procedure for the accident review process. 2.0 ORGANIZATION AFFECTED: All departments/divisions 3.0 REFERENCES WAC 296-24-040 &045 4.0 POLICY: When there is a question of preventability,the accident review board from the respective department may examine accidents involving damage to the City operated motor vehicles and equipment;accidents in which City operated motor vehicles and equipment caused damage to property of others,and any accident and/or injuries to employees. 4.1 A separate accident review board may have jurisdiction over accidents involving vehicles operated by members of the police department or fire department,or accidents involving City employees when injuries or significant damage suggest that litigation is likely (To be decided by the City Administrator post -accident). 4.2 The Police and Fire Departments may follow similar procedures to those outlined herein utilizing their own staff.Copies of accident reports, investigation results (including any recommendations for preventing similar accidents))and any disciplinary action taken will be forwarded to the City Administrator for safety program monitoring purposes. 4.3 Review Board Membership (general employees drivers):4.4 4.4.1 An accident review board will be composed of (3-5)City employees selected by the department head. 4.4.2 The City Attorney is an ex-officio member of accident review boards and is available to sit on boards during investigations at his request or at the request of the board. 4.4.3 Alternates will be selected and will fill a position of equal rank in the event that: A full-time member is involved in the accident under review. 1. A full-time member is absent.2 . 4.4.4 The alternates to review boards will be as follows: Employees of equal rank (if possible)to the full-time members set forth above. 1. 4.5 Review Board Members Make-Up: 1 Supervisor or Leadworker 2 General Employees 1 Chairperson (may be either a Supervisor/Leadworker or General Employee) Length of Terms and Vacancies:4.6 4.6.1 Subsequent to first appointments,all full-time members except the Chairperson shall serve a term of two years.Alternating both one supervisor/leadworker and one general employee. 4.7 Duties and Responsibilities: 4.7.1 Review accidents when there is a question of whether an accident was preventable (excluding those described in Section 4.2) resulting in damage to City owned motor vehicles and equipment; accidents involving City owned vehicles and equipment which cause damage to the property of others,and accidents/injuries involving employees. 4.7.2 Determine whether the accident was preventable or non-preventable. 4.7.3 Issue a written report to the department director of the findings, which will include suggestions or recommendations for preventing similar accidents or injuries. 4.7.4 Notify the employee involved of the decision of the Board concerning preventability (in writing). 5.0 PROCEDURES: Procedures for Accident Review5.1 5.1.1 Notification and Meeting: The department supervisor will notify the Review Board Chairperson when an accident has occurred over which the Board has jurisdiction. 1. 5.1.2 Investigation and Review: The Review Board will examine all factual information available,including,but not limited to,written accident reports,including police reports,vehicle maintenance records,and Supervisor’s Report of Incident. 1. The Review Board may interview the employee(s)involved and any witness(es)it deems appropriate.Employees involved in accidents have the right to address the Board regarding the accident/injury. 2 . 5.1.3 Determination and Finding: Following a review of all available information,the Review Board will determine by simple majority vote whether the accident/injury is preventable or non-preventable. 1. A preventable accident will be considered one in which the information indicates the employee: 2 . Willfully violated any law or safety regulation.a. Operated City vehicles or equipment while under the influence of intoxicants and/or drugs or while drinking intoxicants b. Was careless or negligent in operating City vehicles,equipment or tools. c. Failed to do everything he reasonably could have done to prevent the accident d. A letter limited to accident preventability will be provided to the employee. 3. The written findings including preventability,and recommendations for prevention of further similar accidents or injuries will be furnished to the employee’s department head. 4. The Board will not discuss or reveal its findings to any other employees or any citizens. 5. Discipline5.2 5.2.1 If appropriate,the department director or designated representative will schedule a meeting with the employee no later than fifteen (15)days from receipt of the Review Board findings. The purpose of the meeting is to: Advise and counsel the employee to prevent further accidents and/or injury by the employee involved. 1. Analyze and determine the necessary steps required to prevent a recurrence of the accident by the employee or other persons within the departments 2. Determine the employee’s physical abilities which might affect future incidents. 3. Implement any disciplinary action required following a review with the City Administrator and City Attorney. 4. 5.2.2 The department director will prepare a written report of the meeting. 5.2.3 Employees involved in a preventable auto-vehicle accident may be required to attend the next conveniently scheduled defensive driving course selected by the Risk Manager. (Date) (Driver’s Address) Re:Accident Review Board Meeting Dear Our City policy requires that all accidents involving property damage or bodily injury be reviewed by our Accident Board to determine preventability.The Accident Review Board will meet on (date/time)at (location). The Accident Review Board requests your explanation of the circumstances of the accident in which you were involved on (date).Your presence or written statement will be helpful to the Board in making a decision with regard to preventability by you as the driver or by a change in City maintenance procedure or administrative policy. Following the Accident Review Board meeting,you will receive a notification advising you whether the Board considers your accident preventable or non-preventable. In determining preventability,the Accident Review Board will use the following definitions: •Preventable Accident A preventable accident is any accident in which the driver failed to do everything he reasonably could have done to avoid it. •Non-preventable Accident A non-preventable accident is an accident in which the driver did everything he reasonably could have done to foresee the things that caused the accident and took appropriate action to guard against them. Sincerely, Chairperson,Accident Review Board (Date) (Driver’s Address) Re:Accident Review Board Meeting Date: Location: Dear The Accident Review Board has reviewed the accident in which you were involved on (date). It is our opinion that this accident was: Preventable LJ Non-preventable In determining preventability,the Accident Review Board used the following definitions: •Preventable Accident A preventable accident is any accident in which the driver failed to do everything he reasonably could have done to avoid it. •Non-preventable Accident A non-preventable accident is an accident in which the driver did everything he reasonably could have done to foresee the things that caused the accident and took appropriate action to guard against them. Sincerely, Chairperson,Accident Review Board Meeting -J