Section R27-1-2 - Definitions(1) The following terms are defined for use under Title R27.(a) "Accident" means any mishap in which a state vehicle is involved, which results in harm or injury to persons, or damage to property, regardless of fault, total cost of treatments, or repairs.(b) "Agency" has the same meaning as provided in Subsections 63A-9-101(1)(a), (b), and (c).(c) "Alternative Fuel Vehicle (AFV)" means a vehicle designed and manufactured by an original equipment manufacturer to operate on one or more fuels other than traditional gasoline or diesel fuel. Examples of alternative fuels include electricity, biodiesel, compressed natural gas, propane, hydrogen, methanol, ethanol, and any other vehicle fuel source approved by the federal government's Department of Energy (DOE).(d) "Authorized Driver" means any agency employee who has been identified as having the authority, within their scope of employment, to operate a state vehicle on the agency's behalf. An authorized driver shall hold a valid driver license and shall successfully complete the specific authorized driver training and other criteria required by the division, Risk Management, and the employing agency for the vehicle type that will be operated. An authorized driver may also be referred to as operator, driver, employee, or customer.(e) "Authorized Passenger" means any state employee acting within the scope of their employment, or any other person or animal whose transport is either necessary for the performance of the authorized driver's or passenger's employment duties or has been pre-approved by the agency head to accompany an authorized driver or passenger.(f) "Capital Lease Vehicle" means any vehicle with a lease designed to recover the vehicle cost. The division also charges rates for administrative costs. Maintenance, repair, and safety recalls costs are the responsibility of the agency that leases the vehicle from the division. Capital leases are subject to division approval.(g) "Citizen Complaint" means a complaint reported by a citizen to the division.(h) "Commute Use" means use of a state vehicle by an employee driving between the employee's residence and the employee's assigned work location more than one calendar day per month. Commute use is subject to the Commuting Rule as outlined in 26 CFR 1.61-21.(i) "Department" means the Department of Government Operations.(j) "Division" means the Division of Fleet Operations.(k) "Driver Eligibility Board" means the panel formed to determine an authorized driver's state vehicle driving privileges.(l) "Emergency Vehicle" means a state vehicle which is primarily used for providing law enforcement and public safety services, including fire services or emergency medical services.(m)(i) "Employee" includes: (A) a governmental entity's officers, employees, servants, trustees, or commissioners;(B) members of a governing body;(C) members of a governmental entity's board;(D) members of a governmental entity's commission;(E) members of an advisory body, officers, and employees of a Children's Justice Center;(F) student teachers holding a license issued by the State Board of Education;(H) students engaged in internships;(I) volunteers as defined by Subsection 67-20-2(3); and(ii) "Employee" includes the positions identified in Subsection (m)(i) whether or not the individual holding that position receives compensation.(iii) "Employee" does not include an independent contractor.(iv) "Employee" does not include an individual serving in a correctional program.(n) "Expansion Vehicle" means an additional permanent vehicle requested by an agency. The purchase of an expansion vehicle requires legislative approval.(o) "Feature" means any option or accessory that is available from the vehicle manufacturer.(p) "Full-Service Lease" means a type of lease designed to recover vehicles costs. The division also charges rates to cover administrative costs, maintenance and repair costs, and other variable costs.(q) "Heavy-duty Vehicle" means any motor vehicle having a gross vehicle weight rating (GVWR) greater than 26,001 pounds.(r) "Light-duty Vehicle" means any motor vehicle having a GVWR of 10,000 pounds or less.(s) "Medium-duty Vehicle" means any motor vehicle having a GVWR of 10,001 to 26,000 pounds.(t) "Miscellaneous Equipment" means any equipment, enhancement, or accessory that is installed on or in a motor vehicle by persons other than the original vehicle manufacturer, and other non-fleet related equipment. Includes light bars, 800 MHz radios, transits, surveying equipment, traffic counters, semaphores, and diagnostic-related equipment.(u) "Motor Pool" means a centrally located group of state vehicles that is made available to agencies for lease on a short-term basis.(v)(i) "Motor Vehicle" has the same meaning as provided in Subsection 63A-9-101(7).(w) "Motor Vehicle Review Committee (MVRC)" means the committee created under Section 63A-9-301.(x) "Moving Violation" means a breach of traffic laws which occurs while the driver's vehicle is in motion.(y) "Non-preventable Accident" means any occurrence involving a state vehicle which results in an accident in which everything that could have been reasonably done to prevent it was done and the accident still occurred. Non-preventable accidents shall include vandalism of state vehicles being used to conduct state business.(z) "Non-road Vehicle" means a vehicle, regardless of GVWR, that is not licensed for on-road use. Non-road vehicles include vehicles used principally for construction, golf carts, airplanes, farm tractors, snowmobiles, forklifts, off-highway vehicles, and boats.(aa) "Personal Use" means the use of a state vehicle to conduct an employee's personal affairs, not related to state business.(bb) "Preventable Accident" means any occurrence involving a state vehicle, which results in property damage or personal injury, regardless of who was injured, what property was damaged, to what extent, or where it occurred, in which the authorized driver in question failed to do everything that could have reasonably been done to prevent it.(i) Preventable accidents are not limited to collisions.(ii) Preventable accidents include damage to the interior of the state vehicle due to improperly locked doors, smoke or burn damage caused by smoking in the vehicle, or lack of general care of the vehicle's interior.(cc) "Preventive Maintenance (PM)" means vehicle services conducted at regular time intervals to deter mechanical breakdowns, including lube, oil, and filter changes.(dd) "Replacement Cycle" means the criteria established by the division to determine when the replacement of a state vehicle is necessary.(ee) "Replacement Vehicle" means a vehicle purchased to replace a state vehicle that has met replacement cycle criteria.(ff) "SSFV" means a "Standard State Fleet Vehicle," which is the vehicle designated by the division as the default replacement vehicle for the state fleet.(gg) "State Fuel Network" means the state program that provides an infrastructure for fueling state vehicles.(hh) "State of Utah Fuel Card" means a purchase card assigned to a vehicle person or other motorized equipment by the State Fuel Network program, to be used when purchasing fuel.(ii) "State Vehicle" means each motor vehicle owned, operated, or in the possession of an agency, also to include any vehicle procured with state funds for state business such as a rental vehicle.(jj) "Take-home Use" means use of a state vehicle by an employee driving a state vehicle between the employee's place of residence and the employee's assigned work location more than one calendar day per month. Take-home use is exempt from the Commuting Rule as outlined in 26 CFR 1.61-21.(kk) "Variable Costs" means costs including, fuel, oil, tires, services, repairs, maintenance, and PM.(ll) "Vehicle Identification Number (VIN)" means the number issued by the vehicle manufacturer to identify the vehicle in the event of a theft. This number can be found on the driver's side of the dashboard below the windshield.(mm) "Vendor" means any third party offering sales or services for state vehicles, such as PM or repair services.Amended by Utah State Bulletin Number 2017-6, effective 2/21/2017Amended by Utah State Bulletin Number 2021-23, effective 11/25/2021Amended by Utah State Bulletin Number 2022-17, effective 8/15/2022Amended by Utah State Bulletin Number 2022-18, effective 8/15/2022Amended by Utah State Bulletin Number 2023-05, effective 2/21/2023