70.40
Motor Vehicle Management and Use

A state-owned, leased or rented motor vehicle may only be used for official state business

State-owned, leased, or rented passenger motor vehicles are to be used only for official state business of state agencies (refer to Subsection 70.40.40.a).

Agency requirements related to motor vehicle use

Every state agency having jurisdiction and control of state-owned or operated passenger motor vehicles must:

1. Ensure that use of a state-owned or operated passenger motor vehicle is authorized by the agency head or authorized designee.
2. Establish policies and procedures designed to operate these vehicles at the lowest effective cost per mile for the life of the vehicle.
3. Maintain comprehensive records of employee or state official travel and vehicle usage. Agencies may be required to provide these records and additional reports to the Office of Financial Management. Records are to include the following:
• Amount of private car mileage for which agency's travelers were reimbursed including dollar amount and number of miles.
• Cost records relating to the operation, maintenance, and management of agency-owned or leased passenger motor vehicles. These records may be maintained on a fleet basis and are to include all costs thereto, including, but not limited to, depreciation, overhead costs, gas, oil, lubrication, service, antifreeze, tires, tubes, chains, batteries, repairs, insurance, and storage. Records on leased vehicles are to be maintained and reported separately.
4. Continuously review staffing assignments and field operations with the objective of minimizing travel.
5. Exercise maximum energy conservation practices in conducting official state business. All agencies are to consolidate trips where possible, ensure adequate maintenance of assigned vehicles, provide employee orientation on the necessity for driving within legal speed limits, and employ other means as necessary to achieve energy conservation.

Consequences for failure to comply with these policies

State agencies authorizing the use of state-owned or operated passenger motor vehicles are financially accountable for all costs resulting from the violation of these rules relating to the use of state-owned or operated passenger motor vehicles.

Agencies must advise employees that personal use of state-owned or operated passenger motor vehicles or violation of traffic safety laws constitute grounds for disciplinary action which may include deductions from salaries or other allowances due, suspension without pay, or termination of employment in the case of repeated violations, suspension, or termination of the right to operate state-owned or operated motor vehicles.

When may an agency permanently assign a motor vehicle?

At least one of the following conditions is to exist prior to each assignment of a passenger motor vehicle on a permanent status:

1. The agency can demonstrate, or reasonably estimate, that the travel requirements average at least 1,000 miles per month. This travel is not to include any travel by the assignee between home and duty station. Those permanently assigned passenger motor vehicles that do not maintain this mileage minimum over a twelve-month period must be returned to the supporting motor pool.
2. Individuals requiring the vehicle are on 24-hour call and all of the following conditions exist:
• A state-owned or operated passenger motor vehicle is not available on a 24-hour trip dispatch basis.

• It is not practical to provide for such transportation by the use of other agency vehicles.

• The frequency of such travel on call is greater than would justify requiring the person to use such individual's own personal vehicle. Frequency of calls established under this paragraph is to be submitted by each agency to the Director of the Office of Financial Management.
3. A need exists for a specially equipped or special purpose passenger motor vehicle which limits the use or which is essential to a particular agency, program, individual, or purpose.
4. The passenger motor vehicle is used by a statewide elected official in the Executive Branch of state government.

The permanent assignment of a passenger motor vehicle for any purpose other than those listed above is to be done only after justification for such assignment has been approved by the Director of the Office of Financial Management. The permanent assignment of a vehicle to an employee for use on official state business is not in itself sufficient justification to utilize that vehicle for travel between duty station and home.

When may an agency permit an employee to use a state-owned or operated vehicle between duty station and home?

Travel between duty station and official residence may be approved by the agency head or authorized designee for any one of the following reasons:

1. When storing the vehicle at an employee's residence is more advantageous or economical to the state than the purchase, lease, or rental of a commercial garage or other parking facility. The security and safety of state property is to be considered in determining the storage location of state-owned or operated vehicles.
2. When an employee's home is also the official station.
3. When an individual commences a trip prior to the opening time of a motor pool or when the individual returns from or completes a trip later than the closing time of the state or agency motor pool.
4. When, because of darkness, late hour, isolated location, the area has a record of crime, there is a threat to the personal security of the employee, or there is a reasonable basis for fear or uneasiness of personal safety in returning a passenger motor vehicle to a motor pool or to its customary storage area.
5. When it is economical or advantageous to the state to allow such incidental travel in a state-owned or operated passenger motor vehicle, or as part of a commute trip reduction program as required by RCW 70.94.551. (Also see RCW 43.41.140).

The following situations of travel between duty station and official residence are in the best interests of the state and are exempt from the provisions of subsection "a." above:

1. Use of passenger motor vehicles by statewide elected officials in the Executive Branch of State Government.
2. Use by commissioned Washington State Patrol personnel who regularly enforce traffic regulations on the public highways and other state employees whose primary assignment is to provide law enforcement.
3. Use by other law enforcement or investigative employees or emergency highway maintenance employees who are on 24-hour call and whose duties require use of assigned passenger motor vehicles during what would be classified as other than scheduled working hours. In this situation actual off-duty calls requiring use of the passenger motor vehicle must average a minimum of ten (10) times per month per calendar quarter.

Requests for exceptions to the above criteria are to be submitted to the Director of the Office of Financial Management, with justification for each such exception.

Agencies should review current Internal Revenue Service Publication 535 fringe benefit rules regarding the reporting, taxability, and value of operating a state motor vehicle between the employee’s official duty station and official residence.

All motor vehicle operators on state business must have valid driver's license

When driving on official state business, all motor vehicle operators are to have a driver’s license recognized as valid under Washington state law. This license must be in the operator's possession while operating any passenger motor vehicle for official state business purposes.

All traffic accidents must be reported

Any traffic accident involving any motor vehicle in use for official state business is to be reported by the operator as described below.

Injury Accidents. Traffic accidents in which any party is injured or claims to be injured are to be reported as follows:

1. Immediately notify the proper law enforcement agency having jurisdiction, such as the local city police department, or local sheriff’s department.
2. As soon as practical, telephone the Division of Risk Management at (360) 902-7303 to report the accident.
3. Within 24 hours, report the accident to the agency head or authorized designee of the vehicle operator’s agency.
4. Within 2 working days, complete an incident report (SF137) and submit copies to the operator’s agency, to the Division of Risk Management at the Department of General Administration, and to the Risk Management Office at the Department of Transportation.
5. If a privately-owned vehicle in use for official state business is involved, the accident must also be reported to the operator’s own insurance carrier.

Non-injury accidents. Traffic accidents in which there are no injuries and no one claims to be injured are to be reported as follows:

1. Immediately notify the proper law enforcement agency having jurisdiction, such as the local city police department or local sheriffs department when either of the following applies:
• Damage to any vehicle is $500 or more, or
• Liability for damage may extend to the operator or to the state of Washington.
2. Within 24 hours, report the accident to the agency head or authorized designee of the vehicle operator’s agency.
3. Within 2 working days, complete an incident report (SF137) and submit copies to the operator’s agency, to the Division of Risk Management at the Department of General Administration, and to the Risk Management Office at the Department of Transportation.
4. If a privately-owned vehicle in use for official state business is involved, the accident should also be reported to the operator’s own insurance carrier.

Operator responsibilities - state-owned or operated motor vehicles

Except as otherwise provided by law or by regulations of the Office of Financial Management, state-owned or operated passenger motor vehicles are to be used only on official state business. When a state-owned or leased passenger motor vehicle is being operated, any person exercising control over and/or operating the vehicle is expressly prohibited from engaging in the unauthorized transportation of passengers. Unauthorized transportation is defined as any transportation of passengers not specifically authorized by an agency head or authorized designee in the performance of official state business, and includes, but is not limited to the transportation of family members, relatives, friends, and pets for any personal activities.

The operator is to be responsible for maintaining good appearance of the passenger motor vehicle.

The operator is to adhere to careful driving practices, and observe traffic laws and regulations at all times. The operator is personally liable and is responsible for the payment of parking tickets, moving violations, etc., issued to the operator or the vehicle while using a state owned or operated passenger motor vehicle. (Refer to Subsection 10.20.20.)

Purchase of gas, oil, and other items under a state credit card or emergency repairs to passenger motor vehicles is to be made in accordance with applicable Department of General Administration motor vehicle regulations.

Accident report blanks are to be kept in the glove compartment of the passenger motor vehicle for operator use. The operator of the state-owned vehicle is to report all usage in a vehicle log on a regular basis.

What are the restrictions and responsibilities for using privately-owned or operated motor vehicles for official state business?

The agency head, or authorized designee may authorize the use of a privately-owned motor vehicle in the conduct of official state business when it is more advantageous or economical to the state that a person travel by a privately-owned vehicle rather than a common carrier or a state-owned or operated passenger motor vehicle. The state motor pool passenger motor vehicle cost comparison data provided by the Department of General Administration may be used by agencies as one guideline for assisting in making such a determination. Agencies, as part of their required, positive system of control over travel, may adopt and use other guidelines for satisfying the "more advantageous or economical" (refer to Subsection 10.10.20) criteria contained in RCW 43.03.060.

When driving his/her privately-owned vehicle on official state business, each state traveler is to comply with the state of Washington's liability insurance laws, Chapters 46.29 and 46.30 RCW. If an accident occurs when the traveler is driving his/her privately-owned vehicle, that individual's insurance is primary and will be utilized prior to the state of Washington's possible provision of any excess liability protection.

Transporting of unauthorized passengers as described in Subsection 70.40.40.a in the traveler’s privately-owned vehicle while the state employee or official is on official state business is considered a personal decision. The state of Washington will not provide excess liability protection to any unauthorized passengers in the event of an accident.

Reimbursement for the use of a privately-owned motor vehicle is not to exceed the private vehicle mileage reimbursement rate specified in SCHEDULE A of Section 10.90 as authorized by RCW 43.03.060.

The agency will not reimburse for out-of-pocket costs for parking tickets, moving violations, or damages and deductibles relating to privately-owned vehicles used on official state business (refer to Subsection 10.20.20 for additional non-reimbursable costs).

Insurance matters

The state of Washington’s liability protection provides coverage for students or volunteers operating state-owned motor vehicles when such use is authorized by the agency head or authorized designee.

The state of Washington’s liability protection does not cover persons traveling on official state business outside the United States and Canada. State agencies may purchase coverage for this risk by contacting the Division of Risk Management at the Department of General Administration.

Agencies should contact the Department of Labor and Industries to inquire about workers compensation insurance coverage for volunteers or other non-paid operators of motor vehicles used for official state business.

Commute Trip Reduction

State agencies may, subject to appropriation and under the Internal Revenue Service rules, use public funds to financially assist agency-approved incentives for alternative commute modes if the financial assistance is an element of the agency's commute trip reduction program as required under RCW 70.94.521 through 70.94.551. Alternatives may, include, but are not limited to carpools, vanpools, purchase of transit and ferry passes, and guaranteed ride home programs This policy does not permit any payment for the use of state-owned vehicles for commuter ride sharing (refer to Subsection 70.40.60).

When may an agency allow a state-owned motor vehicle to be used for commuter ride sharing?

Agencies may allow for the use of state-owned motor vehicles for commuter ride-sharing so long as the pro-rata capital depreciation and operational expense of the commuter ride-sharing arrangement is paid by the commuters, and does not infringe upon the use of the vehicle for other official state business. (See RCW 43.41.130)