City of Troy, NY Article V Vehicle Usage Policy

[Adopted January 1977]

§ 60-8 Purpose.

A. The purpose of the vehicle usage policy/guidelines is to prescribe those terms, conditions, and requirements relative to the use of City-owned vehicles by City employees. Additionally, the policy and guidelines will produce a full understanding on the part of City employees of their responsibilities concerning the use of City-owned vehicles.

B. It is the City's goal to maximize an employee's effectiveness to do his or her job within a framework of resources available. Compliance with this policy will ensure that vehicle resources are effectively utilized to the greatest extent possible in job performance.

C. These vehicle usage/policy guidelines will be reviewed and updated on an annual basis.

§ 60-9 On-call employees.

City employees, who by the nature of their job are on emergency call 24 hours a day, are assigned City vehicles under the following guidelines:

A. It has been determined that the following employees are allowed to take their assigned City vehicles home with them so they can respond to City emergencies:

(1) Public Safety Commissioner (1).

(2) Police Chiefs (3).

(3) K-9 Units (3). Police dogs must be cared for by police officers. Therefore, a mode of transportation is necessary. In these cases, commuting mileage does not need to be recorded and personal usage is prohibited.

(4) Fire Chief.

(5) Assistant Fire Chief.

(6) Fire Recall Officer.

B. Twenty-four-hour vehicles are to be used for emergency response only, except for limited personal use within the Capital District area.

[Amended 5-7-2015 by Ord. No. 39]

NOTE: There are other City employees who because of their experience and expertise are on call for emergencies 24 hours a day. However, unless these employees need to get to an emergency situation at high rates of speed, with sirens and flashing lights, they can drive to the motor pool area and pick up the City vehicle needed to address the emergency conditions. These "on-call employees" should have a vehicle key assigned to them.

C. If determined by the Mayor, other City employees may be added to the above list and assigned twenty-four-hour vehicles.

D. It is required that employees driving twenty-four-hour vehicles limit personal usage to commuting miles.

E. Unless federal or state law supersedes City policy, all employees driving "twenty-four-hour vehicles" must record and report personal mileage.

(1) In order to determine the percentage of personal and business usage, an official mileage log must be used. The Comptroller's office will provide this form.

(2) Personal use of an employer-provided vehicle is taxable income to the individual. Personal use includes commuting to and from work as well as local and out-of-town personal travel.

(3) The IRS has provided four methods of determining the personal use value of a (company-) City-owned vehicle. The City Comptroller's office will determine which method will be used in reporting to the IRS what is considered an "employer-provided fringe benefit."

F. Unless on official City business or with the Mayor's approval, no twenty-four-hour vehicle may be taken outside the City of Troy.

G. On a case-by-case basis, individuals who are not assigned a vehicle on a twenty-four-hour basis may take a City vehicle home when it is more cost effective to do so (i.e. where an employee would be in a travel status and it would be more cost effective to leave from the employee's home of record rather than place of employment). It is understood that there may be situations where it may be more cost effective to take a City-owned car home upon returning from a business trip. In those situations the City-owned car will be returned to the workplace the day after the employee's travel status has ended.

H. Vehicles will be returned to the appropriate department for utilization prior to an individual's vacation or an extended leave which consists of any period of one week or more.

I. The City may provide an insurance liability policy which covers the individual as well as the City. Such costs will be added to the employee's salary as additional income and based on the percentage of personal to business usage.

§ 60-10 Motor pool vehicles.

All other City vehicles not determined to be twenty-four-hour vehicles, but assigned to individuals for the performance of their workday duties, will follow the guidelines for motor pool vehicles.

A. Vehicles will remain at a designated work site or garage facility after business hours.

B. Use of these vehicles are for business only, unless otherwise indicated.

C. Employees, with permission from their immediate supervisor, may use a motor pool vehicle for business-related activities after regular business hours. The employee may also get permission for commuter usage during special situations (e.g. early morning or evening meetings).

D. On a case-by-case basis, individuals who are not assigned a vehicle on a twenty-four-hour basis may take a City vehicle home when it is more cost effective to do so (i.e. where an employee would be in a travel status and it would be more cost effective to leave from the employee's home of record rather than place of employment). It is understood that there may be situations where in it may be cost effective to take a City-owned car home upon returning from a business trip. In those situations, the City-owned car will be returned to the workplace the day after the employee's travel status has ended.

E. Personnel from departments not assigned vehicles may obtain City pool cars by contacting the Department of Public Works and, upon availability, be given keys to a vehicle along with signing a log which includes make of vehicle, destination, time leaving and returning to City Hall.

F. Meal breaks. City-owned vehicles may be used for meal breaks on a limited basis, if it is in conjunction with regularly scheduled business. For example, an employee may be allowed to use a City vehicle for a meal break, if he/she has business immediately before or after the meal break.

G. Subject to supervisory discretion and control, City-owned vehicles may be used on a limited basis to pick up food supplies for City workers who cannot leave their work site, provided the vehicle is used locally (within five miles of the worksite).

H. High mileage trips. Employees, with permission from their immediate supervisor, may use a City vehicle for high mileage business trips.

§ 60-11 General guidelines.

A. Use of personal vehicle. Employees, with the permission of their department head, who use personal vehicles for City business will be reimbursed in accordance with provisions in their contract; those not covered by contract will be reimbursed according to IRS reimbursement rate.

B. Traffic violations. Traffic violations are the responsibility of the vehicle driver, and any costs involved will not be reimbursed by the City.

C. City vehicles are only to be operated by City employees or person acting on behalf of the City in an official capacity, with permission of the Mayor.

D. Riders are allowed in a business capacity only. Exception: twenty-four-hour emergency/on-call vehicles.

E. All operators must have a valid NYS driver's license. Out-of-state licenses must be replaced with a NYS license within 90 days of date of hire.

F. Maintenance. Each department is responsible for vehicle maintenance, including gas, oil, cleanliness, inspections, etc. The vehicle's exterior and interior should be kept neat and clean.

G. Official plates. All City-owned vehicles must have official license plates. Exception: Public Safety vehicles (e.g., undercover cars).

H. Leased or rented vehicles. All vehicles leased or rented by the City of Troy fall under the guidelines established herein for vehicle usage.

§ 60-12 Motor vehicle accidents involving City-owned vehicles.

To ensure that all accidents involving City-owned vehicles are properly and thoroughly recorded.

A. RULE I. When an accident occurs that results in personal injury to any person or damage to other than City-owned property, the vehicle operator must do the following:

(1) Report the accident to the police by calling 911 immediately. If outside the City, report the accident to the police agency having jurisdiction for that area.

(2) Get the name and addresses of all witnesses to the accident and give this information to the investigating police officers.

(3) Do not discuss the accident or make statements concerning the accident to any one at the scene except the police officers investigating the accident. The New York State Vehicle and Traffic Law requires the vehicle operator to show his/her operator's license to any other person involved in the accident. Registration certificates are on file in the Department office. If you are asked for information concerning insurance coverage, state that the City of Troy is self-insured.

(4) Report the accident to your department head or his or her representative immediately. Your department head or representative must report the accident to the Corporation Counsel's office and the Mayor's office the beginning of the next business day.

(5) The State Motor Vehicles Report (MV 104) is to be completed before the end of the next business day and submitted to the Corporation Counsel's office for review prior to filing with the State Department of Motor Vehicles. The New York State Vehicle and Traffic Law places the responsibility for filing the report with the operator. Make sure the report is filed by you through your department head.

(6) Under no circumstances give any statement orally or in writing concerning the accident to any person other than your department head, members of the staff of the Corporation Counsel's office or the police officers investigating the accident.

B. RULE II. When an accident occurs that results in no personal injury to any person or damage to other than City-owned property, the vehicle operator must do the following: Report the accident immediately to your department head or his or her representative.