Guidelines on Drivers and Drivers' Public Driving Records

UNIVERSITY OF CALIFORNIA

BERKELEY DAVIS IRVINE

LOS ANCELES RIVERSIDE SAN DlECO SAN

FRANCISCO

SANTA

BARBARA

SANT.4

CRUZ

DAVID PIERPONT CARDNER

President

RONALD

\V.

BRADY

Senior

Vice

President-

Administration

OFFICE OF THE

PRESIDENT

BERKELEY. CALIFORNIA

95590

Office of Employee Relations

July

27,

1989

VICE

CEIANCEUORS--ADMINISTRATION

ASSOCIATE

LABORATORY

DIRECTORS

delines on

ivers

iverst

Public

Drivina

Recor-

Attached are administrative guidelines on drivers and driverst

public

driving records, which are intended to aid the campuses

and

Laboratories in developing procedures for implementing the

California Commercial Motor Vehicle Safety Act of 1988. The

guidelines were developed

representatives of the Offices of

Business Operations, Employee Relations,

Labor

Relations, and the

General Counsel,

and

have been reviewed by Personnel Managers and

Parking

and Fleet Managers.

Since one of the laws containing

these

requirements became

operative July 1, 1988 and the second

July

1989, it is

important

that campus and Laboratory procedures be established as

soon

feasible. Local notification of affected employees

should take place when procedures, including the list of affected

positions and classes, are ready for implementation.

If members of your staff have questions, they may contact Kay

MacFarland in Business Operations

Margaret Rader in Employee

Relations,

Attachment

Lubbe

Levin

Assistant Vice President-

Employee Relations

VICE CHANCELLORS--ADMINISTRATION

ASSOCIATE LABORATORY DIRECTORS

July

27,

1989

Page

cc: Senior Vice President Brady

Director Phillips

Director Scrudder

Managing University Counsel Odle

University Counsel von Seeburg

Acting Manager Kramp

Coordinator Rader

Principal Analyst Grey

Senior Analyst MacFarland

Personnel Managers

Office of the President

July

24,

1989

UNIVERSITY OF CALIFORNIA

GUIDELINES ON DRIVERS AND DRIVERSr PUBLIC

DRIVING RECORDS

LEGAL

REQUIREMENTS

The California Commercial Motor Vehicle Safety Act of

1988

requires employers of drivers of certain types of vehicles to

obtain reports of the driver's public driving record from the

Department of Motor Vehicles

(DMV).

A public driving record

includes incidents occurring while driving on and off the

employer's business. Under Section

1808.1

(e) of the Vehicle

Code, there are criminal penalties for employing or continuing to

employ as a driver a person who has had a disqualifying action

taken against his or her license or certificate.

This law applies to the University with regard to drivers who

drive a vehicle requiring a class

or class

driver's license

and drivers who must obtain special certificates to drive the

following vehicles: ambulances, private school buses, farm labor

vehicles, special construction equipment, youth buses, vehicles

transporting radioactive materials, vehicles transporting

hazardous wastes, and vehicles with tank configurations.

Students, unless hired as a driver, and Van Pool drivers are not

included. The law (Section

12810.5

of the Vehicle Code) also

specifies the number of violation points assigned by the DMV that

will result in a presumption that a driver is a negligent

operator of a motor vehicle.

The University could be liable if

negligent driver was

permitted to continue driving for the University and was involved

in an accident.

PROCEDURES

Each campus or Laboratory shall develop procedures for

implementing these legal requirements consistent with the

following:

Coveraae

Campus or Laboratory procedures shall apply to all

University employees who are hired or used as drivers

(including but not limited to the classes listed in

Attachment

and any University employee who, in the course

of employment, drives a vehicle requiring a special license

or certificate. Campuses or Laboratories may designate

additional titles or positions to be covered by these

procedures.

Partici~ation in DMV Notification Process

Each campus or Laboratory employing drivers shall petition

the Department of Motor Vehicles (DMV) to participate in a

llpull notice systemn, which is a process for providing the

employer with a report showing each driverfs current public

record and the currency of any required certification. The

University is considered'

Government Agency for purposes of

the pull notice system, and no fee will be assessed (see

Attachment

B).

Public driving records must be obtained for prospective

employees and for current employees. Managers of positions

falling within the parameters of these procedures shall be

made aware that no final appointments may be made until

appropriate documentation has been received from the DMV.

New hires shall be required to provide a current pull notice

or report on the status of their license from the DMV as a

condition of employment.

Each location shall designate an appropriate department or

departments to request and coordinate the information

received from the DMV. Campus police departments may be

able to assist with receiving information from the

DMV.

Campus and Laboratory procedures shall address how reports

are received, disseminated, and retained in order to protect

confidentiality to the extent legally permissible.

Upon termination of a driverfs employment, the University

shall notify the DMV to cancel any future reports.

Notification to Em~lovee

Campus and Laboratory procedures shall specify the means by

which prospective employees and current employees shall be

informed that the University receives reports of their

public driving record from the DMV and that these reports

may be used as a basis for discipline up to and including

dismissal, or may result in non-selection for a position as

driver. Current and prospective employees also shall be

notified that they are responsible for maintaining their

required license or certificate in good standing and for

keeping management advised concerning any change in the

status-of their license. They-shall be,notified that loss of

license (revocation or suspension) or a bad driving record

may result in loss of employment with the University.

Res~onse to Information Received from the DMV

Departments receiving reports of convictions, failures to

appear, accidents, driver's license suspensions,

revocations, or other actions taken against an employee

driver shall consult with the Personnel Office or Labor

Relations Office in determining appropriate action.

In determining appropriate action, the following

shall be considered:

a. Employers are liable for criminal penalties if, after

receiving the driving

record,^-they

continue to employ

as a driver any person against whom a disqualifying

action (suspension or revocation) has been taken

regarding his or her driving privilege or required

driver's certificate (Section 1808.l(e) of the Vehicle

cog)

The law states that a driver .will be presumed to be a

negligent operator of a motor vehicle if his or her

driving record shows a violation point count

(Attachment C) of four or more points in 12 months, six

or more points in

months, or eight

more poi.nts in

months (Section 12810.5 of the Vehicle Code).

c. Any disciplinary action shall be taken in accordance

with the appropriate personnel policy or collective

bargaining Agreement.

case-by-case analysis is

required. If the violation is sufficiently serious,

management has the discretion to suspend or terminate a

driver even though a disqualifying action has not been

taken against

the

license or the point count is not

sufficient to cause the driver.to be presumed by the

DMV to be a negligent operator=. In other situtions,

work history or ~ther~considerations may suggest that

an employee who has lost his or her license or who is

presumed by the DMV to be

a negligent operator should

be transferred or reassigned rather than terminated.

d. It is appropriate to issue an individual warning,

written or oral, whenever an employee's public driving

record indicates that one or more points have been

assigned by the

DMV.

The warning should inform

employees that their license must be maintained in good

&anding, that they must-advise management regarding

any change in the status of their license, and that

loss of license (revocation or suspension) or a bad

driving record may result in loss of employment with

the University.

Attachment A

OER: 6/1/89

Exam~les of Classes of Em~lovees Hired

Drivers

PERB

Mail Processor

Delivery Worker

Rescue: .Xorker

Driver

Principal Automotive Equipment Operator

Senior Automotive Equipment Operator

Automotive Equipment Operator

Laundry Truck Driver

Truck Driver

Equipment Operator

8552 Supervising Truck Driver