LEASE BACK MOTOR VEHICLE POLICY
USE OF MOTOR VEHICLES
July 2009
Contents
USE OF MOTOR VEHICLES ...................................................................................................... 1
1. INTRODUCTION ................................................................................................................... 1
2. AMENDMENTS ...................................................................................................................... 1
3. ACCESSORIES ....................................................................................................................... 1
3.1 Council Standard Accessories ............................................................................................ 1
3.2 Council Non-Standard Accessories .................................................................................... 2
4. DRIVING LICENCE AND AUTHORITY TO DRIVE ...................................................... 2
4.1 Driving licence and authority to drive ................................................................................ 2
4.2 Fitness to drive ................................................................................................................... 2
4.3 Withdrawal of Authority to Drive ...................................................................................... 2
4.4 Traffic Violations ............................................................................................................... 2
5. DISPOSAL OF VEHICLES ................................................................................................... 3
5.1 General ............................................................................................................................... 3
6. EMPLOYMENT BENEFIT & LEASEBACK ARRANGEMENTS AND CRITERIA .. 3
6.1 General ............................................................................................................................... 3
6.2 Employee Contributions ..................................................................................................... 4
6.3 Variation ............................................................................................................................. 4
Leaseback Renewals ..................................................................................................................... 4
7. FLEET ALLOCATION MODEL .......................................................................................... 4
8. FRINGE BENEFITS TAX (FBT) ......................................................................................... 5
8.1 When applicable ................................................................................................................. 5
9. FUEL SUPPLIES..................................................................................................................... 5
9.1 Fuel cards to be used .......................................................................................................... 5
9.2 Fuel cards not to be used for non-official vehicles ............................................................ 5
10. INSURANCE, ACCIDENT REPORTING, REPAIR, TOWING ...................................... 5
10.1
Insurance ......................................................................................................................... 5
11. MAINTENANCE ..................................................................................................................... 5
11.1
General ............................................................................................................................ 5
12. RECORDS TO BE KEPT ....................................................................................................... 6
12.1
Hurstville City Council: .................................................................................................. 6
13. REGISTRATION OF VEHICLES ........................................................................................ 6
13.1
Registration ..................................................................................................................... 6
14. SUPPLY (LEASING) OF VEHICLES .................................................................................. 6
14.1
General ............................................................................................................................ 6
14.2
Vehicle replacement ....................................................................................................... 6
15. USE OF COUNCIL VEHICLES ........................................................................................... 6
15.1
General ............................................................................................................................ 6
15.2
Pooling of vehicles ......................................................................................................... 6
15.3
Occupational Health and Safety ..................................................................................... 7
15.4
Personal effects in vehicles ............................................................................................. 7
15.5
Advertising not allowed .................................................................................................. 8
Page 1
1.
INTRODUCTION
These instructions outline policy on the use of motor vehicles within Hurstville City
Council. The policy supersedes any other policy document(s) issued in relation to motor
vehicles.
All staff members who drive Hurstville City Council vehicles are to understand and
comply with the policy.
Council will consider all vehicles base on the Environment Performance Score (EPS),
Australian New Car Assessment Program (ANCAP)
The policy provides a broad framework for entitlement, acquisition, use and management
of Council’s motor vehicles, establishing Council policy and should be read in conjunction
with motor vehicle management guidelines for the provision of motor vehicles as a job
facility and/or benefit to employees.
Council will constantly assess the cost benefit implications in maintaining a motor vehicle
fleet, including payment of fringe benefit taxes. The on-going provision of specific motor
vehicles may therefore change from time to time depending upon the circumstances and
the overall cost-benefit to Council.
2.
NOTIFICATION OF AMENDMENTS
Amendments to this policy will be notified by internal Council Circular. Each amendment
will be sequentially numbered. New sections or particular pages affected by amendment
will accompany the Circular. Amendments are to be inserted in the policy upon receipt
and any revised sections or pages are to be discarded.
THE POLICY
3.
ACCESSORIES
3.1
Council Standard Accessories
Where not provided in the Manufacturer’s base model, the following Council
standard accessories will be provided:
Air conditioning,
Automatic transmission,
ABS brakes,
Driver and front passenger air bags,
Front and rear floor mats and mud flaps,
Cargo barrier and blind (station wagon),
Tow pack (1200Kg or 1590Kg options for 6 cylinder vehicles and 1200Kg
for 4 cylinder vehicles)
Electric Braking component – 1590Kg Tow Pack only (for Operational use
only
Additional window tint (OHS requirements)
Hands free Mobile Car Kit (Council mobile phones only)
First Aid Kit* and
Sydney Street Directory*
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*
First Aid Kits and Sydney Street Directories remain the property of
Council and are to be removed for transfer to replacement vehicle.
All standard accessories remain the property of Council and are not to be removed
or altered.
3.2
Council Non-Standard Accessories
Non-standard accessories are not to be fitted to vehicles unless dictated by the
particular conditions under which the vehicle must operate, and approved by the
appropriate Director and/or General Manager.
The cost of any approved non-standard accessories is to be met by the individual
staff member. The cost will not be reimbursed, with the accessory becoming the
property of Council and the accessory will remain fitted to the vehicle through to
disposal.
4.
DRIVING LICENCE AND AUTHORITY TO DRIVE
4.1
Driving licence and authority to drive
Under no circumstances shall you drive a Council vehicle unless you hold an
appropriate licence issued by the New South Wales Roads & Traffic Authority
(RTA).
It is your responsibility to notify Council, in writing, when an endorsement is
added to your licence or when your licence is suspended or withdrawn by the RTA.
Failure to comply with this requirement will result in disciplinary action in addition
to any police action.
4.2
Fitness to drive
All users of Hurstville City Council vehicles must satisfy the fitness to drive
criteria in accordance with HCC Motor Vehicle Management Guidelines.
4.3
Withdrawal of Authority to Drive
Authority to drive a Council vehicle may be withdrawn if any breach as stated in
the HCC Motor Vehicle Management Guidelines.
It is the responsibility of all Supervisors to report the breaches listed to the
Manager – Human Resources.
Employees may incur penalties for repeated
offences, e.g. loss of authority to drive a Council vehicle.
4.4
Traffic Violations
4.4.1
Staff are required at all times to drive in accordance with the Road
Transport (Safety & Traffic) Management Act 1999, associated
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Regulations and the Australian Road Rules as stated in the HCC Motor
Vehicle Management Guidelines.
No liability will be accepted for any fine that a staff member might incur,
even though he / she may have been on official business at the time.
A log book must be maintained showing dates and times and to whom you
loan the vehicle. If you cannot identify who was using the vehicle when a
parking or camera violation is incurred, you will be held responsible for the
payment of the fine.
Once the appropriate driver is identified and the appropriate statutory
declaration completed, fines (including road tolls) are to be paid promptly
to the Police Department’s Infringement Processing Bureau.
No official representations will be made to waive any fines incurred by a
person driving or otherwise responsible for a vehicle.
4.4.2
Report of serious traffic offence
Should a staff member be charged with a serious traffic offence (i.e. driving
under the influence) and having to attend court, the matter is to be reported
by the driver of the vehicle as soon as possible in writing to the General
Manager.
4.4.3
Notification for Loss of Motor Vehicle Licence
Staff must immediately notify their Director if their current licence or that
of another person authorised to use a Council vehicle has been suspended,
cancelled or restricted.
If a staff member’s licence is suspended or cancelled, immediate
arrangements must be made for the return of the Council vehicle. If under
a Lease Back Agreement, the agreement will be terminated immediately.
5.
DISPOSAL OF VEHICLES
5.1
6.
General
Council will manage the disposal of all vehicles and vehicle changeover cycles will
be at the discretion of Council. The vehicle must be returned to depot clean and
tidy with spare key and fuel card, Council will determine the appropriate vehicle
replacement cycle, depending upon market conditions and leasing arrangements as
stated in the HCC Motor Vehicle Management Guidelines.
EMPLOYMENT BENEFIT & LEASEBACK ARRANGEMENTS AND
CRITERIA
6.1
General
Staff positions will be allocated leaseback motor vehicles in accordance with the
following criteria:
1.
Motor vehicles will be allocated to the General Manager and the Executive
in accordance with the agreed terms of their contract of employment.
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2.
6.2
Motor vehicles will be allocated to staff positions, as approved by the
General Manager by way of leaseback provisions (as documented from
time to time in Council’s Leaseback Agreement) as stated in the HCC
Motor Vehicle Management Guidelines.
Employee Contributions
The General Manager and Executive contribution rates form part of their total
remuneration package in accordance with their individual contracts of
employment.
Staff under the Leaseback Agreement arrangements will be required to enter into
and sign a Leaseback Agreement, which stipulates in detail the terms and
conditions of the scheme. A weekly Leaseback fee will be deducted from the
post- tax rate of the employee’s weekly earnings (unless granted approval to salary
sacrifice a leaseback motor vehicle in terms of the Local Government State Award
and Council’s Salary Administration and Salary Sacrifice policies).
Employees’ weekly leaseback fee will be reviewed by the General Manager or his
delegate as required from time to time.
6.3
Variation
The General Manager may apply or vary this policy in respect of the entitlement
and allocation of vehicles to an employee or position. This policy will also be
reviewed every three (3) years in accordance with State Government Contract
Pricing Section 653.
Leaseback Renewals
A new leaseback agreement must be entered into and signed when a staff member
is allocated either a new, replacement or transferred vehicle.
Copies of all leaseback agreements will held on the staff member’s personal file
and an electronic copy will be stored in TRIM.
7.
FLEET ALLOCATION MODEL
The following table outlines the Council’s motor vehicle profile for staff members.
Group
General Manager
Executive Directors
Senior Managers
(i.e. designated direct reports
to Directors)
Other Designated Council
Positions
Vehicle Group
Vehicle of choice from NSW
Government Contract 653 with
approval of Council
Vehicle of choice from NSW
Government Contract 653 to the
value of their contracted entitlement
with the approval of GM delegation
Choice of vehicle as stated in
Appendix A in the Motor Vehicle
Guidelines
Choice of vehicle as stated in
Appendix A in the Motor Vehicle
Guidelines
Other Information
Salary Package
Salary Package
Leaseback Arrangement
Leaseback Arrangement
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8.
FRINGE BENEFITS TAX (FBT)
8.1
When applicable
FBT by way of a car fringe benefit applies to passenger cars, station wagons, minibuses, panel vans, utilities and other commercial vehicles with a designed load
carrying capacity of less than 1 tonne or fewer than 9 passengers owned or leased
by an employer and used by or made available for any private use by a staff
member or associate.
A vehicle (as described above) is assumed to be available for private use on any
day when:
(a)
the vehicle is garaged at the employees residence, or
(b)
the vehicle is not at the employer’s business premises and the employee has
the use, custody or control of the vehicle.
For the purposes of FBT some vehicles of a commercial nature are not classified as
cars, but private use thereof can give rise to an FBT liability by way of a residual
benefit.
9.
10.
FUEL SUPPLIES
9.1
Fuel cards to be used
Fuel products for vehicles are obtained under Government Contract by use of fuel
cards on a 24 hour 7 day basis. Fuel readings (speedo reading) must be recorded at
all transactions In accordance with HCC Motor Vehicle Management Guidelines
9.2
Fuel cards not to be used for non-official vehicles
Fuel cards are not to be used to purchase fuel for private motor vehicles whether or
not they are being used on official business. Failure by staff to comply with this
requirement will lead to disciplinary action against them and possible removal
from Council’s Leaseback arrangements.
INSURANCE, ACCIDENT REPORTING, REPAIR, TOWING
10.1
11.
Insurance
The risk of accidental damage to the motor vehicle fleet is carried through the
Council’s motor vehicle insurer as stated in the HCC Motor Vehicle Management
Guidelines and managed by HCC Finance Department.
MAINTENANCE
11.1
General
An officer who drives a vehicle is expected to exercise a high degree of
responsibility in regard to its use, care, custody, control and maintenance.
Page 5
Always do a circle check – i.e. oil, water and fuel levels, tyres, lights and body
damage. When returning the vehicle, clean out the vehicle, refuel and report any
damage as stated in the HCC Motor Vehicle Management Guidelines.
12.
RECORDS TO BE KEPT
12.1
13.
REGISTRATION OF VEHICLES
13.1
14.
Hurstville City Council:
Council will maintain accurate and current records of the fleet as stated in the HCC
Motor Vehicle Management Guidelines.
Registration
All vehicles are registered until 15th July each year. Replacement vehicles will
initially be registered up to the following 15th July as stated in the HCC Motor
Vehicle Management Guidelines.
SUPPLY (LEASING) OF VEHICLES
14.1
General
All arrangements for the supply of vehicles are to be authorised by the General
Manager as stated in the HCC Motor Vehicle Management Guidelines.
14.2
Vehicle replacement
14.2.1 Timing of replacement
To ensure that vehicles do not incur a cost to Council, the responsible
officer is to ensure that the application for a replacement vehicle is lodged
with the Fleet Manager as soon as possible after advice is received that
replacement is due as stated in the HCC Motor Vehicle Management
Guidelines.
15.
USE OF COUNCIL VEHICLES
15.1
General
Council vehicles are provided to meet the essential needs of staff in the
performance of their duties where this is the most economical means of transport.
Vehicles are available for official use 24 hours a day.
Staff are expected to make their own way to and from their headquarters.
15.2
Pooling of vehicles
All vehicles, including those under a leaseback arrangement and those used by
staff deemed ‘inherently itinerant’, are available for use as a pool vehicle by any
Page 6
staff member required to perform official duties when the vehicle is not required by
the staff member to whom the vehicle is allocated.
Other than those covered by a leaseback, salary sacrifice or employment package
arrangement, vehicles are to be used only for the purposes of the functions
performed within Council.
Whilst vehicles may be specifically allocated, staff are not to regard a vehicle that
is used almost exclusively by any particular staff member as the “personal
property” of that officer.
Signing on and off for vehicles, including leaseback vehicles on loan to staff for
business purposes is required, showing “time out of garage” and “time in garage” is
to be recorded on the daily log sheet provided.
Prior to leaving the Council parking area you shall record the “time out of garage”,
sign the sheet, and endorse the commencing kilometres on the log sheet.
On
returning to the Council parking area you shall complete the log sheet entry by
recording the “time in garage”, signature, kilometres travelled and faults if any.
You shall inspect the vehicle before leaving and any damage to the vehicle
equipment or any accessories missing shall be reported immediately to the
responsible officer. Drivers when signing off on the log sheet shall report any
defect or damage, in the space which is provided on the log sheets.
15.3
Occupational Health and Safety
Management and all staff have an obligation to promote a safe and healthy work
environment and this includes the use of motor vehicles.
The following conditions and obligations will therefore apply:
*
All vehicles will be equipped with a First Aid kit
*
All station wagons will be equipped with a manufacturer cargo barrier;
*
SMOKING IN ALL VEHICLES AT ANY TIME IS PROHIBITED;
*
Drivers are required to obey all road rules, the direction of Police Officers
and other authorised persons;
*
Where appropriate, drivers will receive training in the operation of
whichever vehicle(s) they are required to drive;
*
Designated drivers will ensure that all vehicles undergo (at least) a monthly
inspection of tyre pressure, oil level and radiator, battery and windscreen
washer levels.
*
Staff will be aware of and understand the effects on their driving capability
of pharmaceutical preparations, other drugs, alcohol and fatigue;
*
Hand held mobile phones are not to be used by a driver while a vehicle is in
motion unless the vehicle is provided with a hands free kit.
.
15.4
Personal effects in vehicles
If it is necessary for personal effects to be left in an untended vehicle (or any rented
vehicle) they are to be secured as best as possible and certainly out of sight of any
casual observer. Insurance cover is NOT provided for the private property of staff.
Page 7
15.5
Advertising not allowed
Advertising or other unauthorised “stickers” are not to be displayed in or on any
Council vehicles.
Section:
Owner:
Authorised By:
Recommended By:
Date Created:
Meeting Date:
Recommended Date:
Service Delivery
Fleet Manager
Director of Service Delivery
Fleet Manager
June 2009
June 2009
June 2009
Page 8