Motor Vehicle Usage Policy

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Motor Vehicle

Usage Policy

Draft Policy Document February 2014

GUYRA SHIRE COUNCIL POLICY

POLICY: Motor Vehicle Usage Policy

OBJECTIVE: .............................................................................................................................................................. 3

R ESPONSIBILITIES : ........................................................................................................................................................ 3

V EHICLE A LLOCATION ................................................................................................................................................... 4

Private use .......................................................................................................................................................... 4

Commuter use .................................................................................................................................................... 4

V EHICLE S ELECTION ...................................................................................................................................................... 4

R EPLACEMENT OF V EHICLES ........................................................................................................................................... 5

A PPLICATION OF THIS POLICY ..................................................................................... О ШИБКА !

З АКЛАДКА НЕ ОПРЕДЕЛЕНА .

M OTOR V EHICLE A LLOWANCE ....................................................................................................................................... 5

Transition Arrangements – Motor Vehicle Allowance. ....................................................................................... 5

Commencement and Application of this Policy & Previous Arrangements ....................................................... 6

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GUYRA SHIRE COUNCIL POLICY

POLICY: Motor Vehicle Usage Policy

Responsible Officer: General Manager

Applies to:

Legislation:

History:

Councillors and staff

NSW Local Government Act 1993

NSW Local Government (General) Regulation 2005

New Policy Document replaces existing POL 34.5 adopted

Motor Vehicle Allowance Agreement Attachment:

Scope: This policy does not apply to plant or vehicles (other than passenger or light commercial vehicles)

OBJECTIVE:

Council’s objectives for the supply and use of motor vehicles to staff are:

To ensure adequate and appropriate vehicles are available for use by staff and

Councillors to carry out the duties required by Council;

To identify positions for which vehicles will be made available, and the conditions under which private use may be permitted; and

To ensure that motor vehicles are used in the most cost effective manner for Council.

 To provide a range of options that enables access to vehicles for business and private use for identified positions.

RESPONSIBILITIES:

The Mayor is to lead Councillors in their understanding of and compliance with this policy.

The General Manager is responsible for making determinations in accordance with this policy and delegating responsibilities to persons whose role it will be to carry out most of the functions under this policy.

All council officials are responsible for ensuring compliance with this policy, related legislation and procedures.

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GUYRA SHIRE COUNCIL POLICY

POLICY: Motor Vehicle Usage Policy

VEHICLE ALLOCATION

Motor vehicles will be purchased or leased by Council to meet the operational needs of

Council.

All persons driving Council vehicles must have a current and appropriate licence which allows them to drive legally in New South Wales. Use of vehicles by drivers with restricted licences (i.e. learner, provisional or other restrictions) is permitted subject to approval of the

General Manager.

PRIVATE USE

Private use is defined as the use of a motor vehicle by an employee for private purposes.

The General Manager may allocate and approve the private use of vehicles by an employee where, such use is considered advantageous for operational purposes.

COMMUTER USE

Commuter use (i.e. restricted to travel to and from the employee’s home each day) may be approved where it is beneficial to the organisation to maintain such an arrangement. Under commuter use arrangements the vehicle must be secured off street and must not be used for any other private purpose.

Approval for commuter use is solely at the discretion of the General Manager.

VEHICLE SELECTION

Motor vehicles are to be of a specification that meets the following criteria:

Mechanically and structurally capable of satisfying the designated function, i.e. the type of vehicle must be fit for purpose. This requirement will be periodically reviewed at the time when the vehicle is scheduled to be replaced. The determination of suitability will be made by the General Manager through consultation with the fleet manager.

 A make and model that meets Australian Standards for; environmental requirements, safety standards, economy, and quality appropriate to the prescribed use.

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GUYRA SHIRE COUNCIL POLICY

POLICY: Motor Vehicle Usage Policy

A make and model within a price range for the identified class or standard with established high residual value. This applies on a whole of life basis and will include consideration by the fleet manager of running costs, maintenance costs, warranty and resale value.

REPLACEMENT OF VEHICLES

Council’s fleet manager will review vehicles identified for replacement and the optimum time for replacement.

Replacement of vehicles in ordinary circumstances would be no less than 12 months or

40,000km and no later than 24 months or 70,000km. Variances may occur where availability of replacement vehicles is delayed.

All vehicles shall be disposed of by way of public tender and/or tender/quotations for supply and trade-in, vehicles can also be disposed of via public government auction clearing house.

MOTOR VEHICLE ALLOWANCE

Such allowance may be applied on entering an agreement (Annexure ‘A’) to replace existing vehicle supply arrangements with the provision of a vehicle allowance. The allowance being commensurate with the current budget, which may otherwise be allocated for the supply and maintenance of a vehicle for the use of the identified employee.

The delegation to negotiate the terms of such agreement is granted to the General Manager and in the case of the General Manager, to the Mayor.

TRANSITIONAL ARRANGEMENTS – MOTOR VEHICLE ALLOWANCE.

Council may, through negotiation with the affected employee, agree to terms of settlement for the purchase (at residual or trade value) of a vehicle that may, through entering this agreement, be identified as excess to Council’s fleet requirement. The residual or trade value being determined through market evaluation or other appropriate process, valuation schedule or benchmark as may be determined by the Fleet Manager.

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GUYRA SHIRE COUNCIL POLICY

POLICY: Motor Vehicle Usage Policy

COMMENCEMENT AND APPLICATION OF THIS POLICY & PREVIOUS ARRANGEMENTS

This policy supersedes all previous policies and applies to any new employees, from the date of resolution.

Existing employment arrangements incorporating private motor vehicle use shall be preserved or local agreement entered transitioning to this policy subject to negotiation with the affected employee.

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GUYRA SHIRE COUNCIL POLICY

POLICY: Motor Vehicle Usage Policy

Motor Vehicle Allowance Agreement

Between

Name:

(The ‘employee’)

And

Name:

On behalf of Guyra Shire Council (the ‘Council’)

Hereby agree that:-

 The employee, incorporated in their salary package or letter of appointment, has access to a motor vehicle that may be available for full private use.

 The employee surrenders access to Council’s fully maintained vehicle in lieu of a motor vehicle allowance.

 The allowance is set at $ p/annum, payable fortnightly (commencing first pay period from ___ /___ /____) and shall be endorsed as a ‘motor vehicle allowance’ on the employee’s pay slip and group certificate.

 The allowance is reviewed annually and shall be adjusted at the same rate as the general salary movement as identified under the current Local Government (State) Award, or as agreed with the General Manager (or Mayor in the case of the General Manager).

No further payment or compensation shall be granted for the provision of a motor vehicle regardless of any associated costs incurred in owning or maintaining the subject motor vehicle.

The employee shall be responsible for any and all costs associated with any vehicle funded under this arrangement including, but not limited to; fuel, maintenance, repairs, depreciation, registration, insurance, tolls or taxes.

The employee is responsible for any and all acquittals, reconciliations, record keeping, audit or other requirement that may be imposed or sought in respect of any claim, duty, tax or other entitlement under Australian taxation policy, guidelines, laws, regulations or any other regulation or law.

The employee undertakes to use any, all, or part of the allowance for the provision of a vehicle which shall be made reasonably available during the normal course of business for the exercise of duties for which they were employed.

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GUYRA SHIRE COUNCIL POLICY

POLICY: Motor Vehicle Usage Policy

The employee shall not impose restrictions on the use of the vehicle for the carrying of persons or goods that may be reasonably necessary in the normal course of business for which they were employed.

No additional vehicle shall be provided to supplement transport of the employee other than as may be reasonably necessary in the course of an emergency, vehicle repair or other exigent circumstances.

A vehicle, funded under this arrangement, shall be deemed to be the property and responsibility of the employee, including any and all risks associated with its operation and conduct of its operators.

 A vehicle, funded under this arrangement, shall not, by virtue of its age, appearance, condition, or design, negatively or detrimentally reflect on the professional image of

Council (as may be evaluated, as necessary, by the majority of elected Councillors from time to time).

 A vehicle, funded under this agreement, must as a minimum have the capacity to transport four adult passengers (including the driver) and exceeding Australian New Car

Assessment rating 3 (or equivalent) and air conditioning.

 A vehicle, funded under this arrangement, shall not bear any advertising, images or graphic designs that have not been approved by the General Manager (or in the case of the General Manager, The Mayor).

 A vehicle, funded under this arrangement, must be registered under relevant transport regulations and meet appropriate standards of roadworthiness, including workplace safety.

 A vehicle, funded under this arrangement, must be covered by appropriate comprehensive and third party injury (green slip) insurance.

Council will not accept any liability for any act or omission, including but not limited to, any accident, injury, breach of law or duty, or incident that may stem from the use or misuse of any vehicle funded under this arrangement, other than that of its employees

(other than the employee subject of this agreement) acting in the course of their duties and relevant workers compensation protection that may be applicable under workplace safety laws.

Signed:

Signed:

____________________________

(Employee)

____________________________

(On behalf of Guyra Shire Council) date:- _______________ date:- _______________

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