6 FAM 1940
MOTOR VEHICLE OPERATORS
(CT:GS-185; 05-01-2015)
(Office of Origin: A/OPR/GSM)
6 FAM 1941 GENERAL
6 FAM 1941.1 Authority
(CT:GS-185; 05-01-2015)
a. The Federal Property and Administrative Services Act
of 1949, as amended (63 Stat. 337, 64 Stat. 578, 68 Stat. 1126, 40 U.S.C.101 - Purpose), expresses congressional intent
to provide for an economical and efficient system for transportation of U.S.
Government personnel and property.
b. Section 211(j) of the Act provides for the
establishment of procedures to assure safe operation of U.S. Government-owned
motor vehicles for official purposes within the 50 States, the District of
Columbia, Puerto Rico, and the possessions of the United States.
6 FAM 1941.2 Requirements
(CT:GS-150; 09-26-2005)
Any individual operating a U.S. Government vehicle must
have on hand at all times during vehicle operation, a valid State drivers
license for the type of vehicle used.
6 FAM 1941.3 Definitions
(CT:GS-163; 04-21-2011)
Commercial vehicle: As defined
by the Department of Transportation (DOT), any vehicle (except for emergency
response vehicles) with a gross vehicle weight (GVW) of 26,001 pounds or more;
vehicles designed to transport 15 or more passengers, and vehicles used in the
transport of hazardous materials in quantities which require the vehicle to be
placarded.
Incidental operator: Any
employee in other than a motor vehicle operator position who is required to
operate a motor vehicle in order to properly carry out assigned duties.
Included in this definition are contractor employees required or authorized to
operate U.S. Government vehicles under the terms of an existing contract with
the Department of State.
Motor vehicle operator: Any
employee of the U.S. Government whose job regularly requires the operation of
motor vehicles. This includes chauffeurs, truck drivers, garage
employees/drivers, and guard drivers.
State license: A drivers
license of the State, District of Columbia, Puerto Rico, or possession in which
the employee is domiciled or principally employed for operation of the type of
U.S. Government vehicle to be used. For vehicles defined as commercial, the
proper State license is the commercial drivers license (CDL).
U.S. Government vehicle: Any
U.S. Government-owned, commercially leased, commercially rented, loaned or GSA
fleet-leased vehicle under the direct administrative control of the U.S.
Government.
6 FAM 1942 QUALIFICATIONS REQUIREMENTS
6 FAM 1942.1 Competitive Operator
Positions
(CT:GS-163; 04-21-2011)
Competitive motor vehicle operator positions may be filled
by any of the methods normally authorized for filling competitive positions.
The requirements include experience, a safe-driving record, a road test, a
valid State drivers license or commercial drivers license (CDL) for the type
of vehicle(s) to be operated, and a physical fitness exam as defined by the
U.S. Department of Transportation (DOT) and promulgated by the Office of Personnel
Management (OPM). (See 6 FAM 1943.1
for information on physical fitness exams.)
6 FAM 1942.2 Details
(CT:GS-163; 04-21-2011)
An employee may be detailed to a competitive operator
position for 30 days or less provided that the employee possesses a valid State
drivers license for the type of vehicle(s) to be operated during the detail
period. For details exceeding 30 days, the employee must meet the requirements
applicable to the position to which detailed.
6 FAM 1943 PHYSICAL FITNESS
REQUIREMENTS
6 FAM 1943.1 Examination by
Medical Officer for Current Operators and Applicants for Operator Positions
(CT:GS-185; 05-01-2015)
a. The Office of Medical Services (M/MED) conducts
physical examinations of operators and applicants for operator positions. An
initial medical physical examination is required for all applicants for
operator positions and every two (2) years thereafter for those hired for
operator positions.
b. The Office of General Services Managements Fleet
Management Operations Division (A/OPR/GSM/FMO) will issue a blank Form 649-F, Medical Examination Report for Commercial
Driver Fitness Determination, to new applicants and current operators, who will
hand carry the forms to M/MED at the time designated for the physical
examination. Medical personnel will utilize the physical standards defined in
the Federal Motor Carrier Safety Regulations to conduct physical examinations
and complete Form 649-F. Based on the
results of the examination, the Office of Medical Services will notify the
Bureau of Administrations Human Resources Division (A/EX/HRD) and Office of
General Services Managements Fleet Management Operations Division
(A/OPR/GSM/FMO) as to whether the individual meets the Federal Motor Carrier
Safety Regulations medical requirements for commercial operators.
6 FAM 1943.2 Criteria
(CT:GS-185; 05-01-2015)
Individuals not meeting Federal Motor Carrier Safety
Regulations medical requirements will not be authorized to operate U.S.
Government vehicles. It should be noted that the Rehabilitation Act of 1973, as amended (29 U.S.C. 791 et seq.) prohibits discrimination against any
person with a disability with respect to
any position the duties of which may be efficiently performed by a person with
such a disability, provided that such
employment will not be hazardous to the appointee or endanger the health or
safety of fellow employees or others. (See 3 FAM 1512.).
6 FAM 1944 driving privileges
6 FAM 1944.1 General
(CT:GS-163; 04-21-2011)
U.S. Government vehicles are authorized for use only by
authorized individuals, and only in the performance of official Department of
State business or functions. Operators of U.S. Government vehicles must adhere
to the laws of the local city, county, and State where the vehicle is operated,
as well as to Department rules, regulations and guidelines. U.S. Government
vehicles must be operated in a safe, fuel-efficient manner at all times in
order to:
(1) Extend the useful service life of U.S. Government
vehicles;
(2) Reduce potential liability claims against the U.S.
Government; and
(3) Assist the Department in meeting petroleum
fuel-use mandates.
Failure to do so could lead to suspension or revocation of
operator driving privileges.
6 FAM 1944.2 Causes for Suspension
or Revocation
(CT:GS-150; 09-26-2005)
a. The following infractions are among those
constituting sufficient cause for adverse action against operators and
incidental operators:
(1) The individual is convicted of operating a motor
vehicle under the influence of alcohol or narcotics;
(2) The individual is involved in a motor vehicle
accident and, after investigation, is found to be at fault or the individual is
convicted of leaving the scene of an accident without making self known;
(3) The individual fails to meet appropriate
physical/medical standards as determined by a Federal medical officer;
(4) The individual is convicted of a moving violation;
(5) The individual utilizes a U.S. Government vehicle
for unofficial or unauthorized purposes;
(6) The individual operates the motor vehicle in an
improper, illegal, or dangerous manner;
(7) The individual fails to comply with local
jurisdiction laws or Federal/Department policies, guidelines, orders, or
instructions related to safe or efficient operation of the vehicle (such as use
of nonhands-free electronic devices while operating the vehicle,
smoking/eating/drinking in vehicles, failure to utilize seat belts, failure to
utilize alternate fuels when available, etc.);
(8) The individual causes damage to a U.S. Government
vehicle through operator abuse or neglect; and
(9) The individual fails to notify supervisor of any
of the infractions listed above within three business days of the incident.
b. The suspension or revocation of an employees State
drivers license is automatic cause for immediate suspension or revocation of
that employees U.S. Government vehicle driving privileges; as a minimum, the
employees driving privileges will be suspended or revoked for the same period
of time that the employees State license is suspended or revoked. Operating
privileges for individuals with a restricted license (for example, a license
that only allows the holder to drive to/from work or only during daylight
hours) will be addressed on a case-by-case basis.
c. All of the stipulations cited in this section pertain
equally to contractor employees operating U.S. Government-furnished vehicles
under the specifications of a contract. In these cases, the cognizant
contracting officer/designee has the responsibility for oversight of contractor
employees and enforcement of regulations contained in 6 FAM 1944.
6 FAM 1944.3 Authority and
Procedures
(CT:GS-163; 04-21-2011)
a. Due to liability concerns, the decision to suspend
or revoke an individuals U.S. Government vehicle driving privileges applies
regardless of whether an infraction occurred while operating a U.S. Government
vehicle or while operating a nongovernment vehicle.
b. It is every employees responsibility to notify his
or her supervisor of any infractions listed in 6 FAM 1944.2
prior to operation of a U.S. Government vehicle. Upon such notification from
the individual, the supervisor will discuss the situation with the vehicle
custodian and render a determination on whether or not the employee should be
allowed to operate the vehicle, based upon the facts at hand.
c. Either the vehicle custodian or the involved
employees supervisor may suspend or revoke that individuals driving
privileges based on the criteria in 6 FAM 1944.
However, the final authority to suspend or revoke driving privileges rests with
the vehicle custodian, as the custodian is ultimately responsible for the
vehicle; such actions, if formalized, should be coordinated with the cognizant
human resources office.
d. Any employee found operating a U.S. Government
vehicle while his or her privileges are in a revoked or suspended status will
be referred to the cognizant human resources office for appropriate
administrative action.
6 FAM 1944.4 Reinstatement
(CT:GS-150; 09-26-2005)
The final authority to reinstate an individuals privilege
to operate a U.S. Government vehicle rests with the vehicle custodian, normally
after consultation with the affected employees immediate supervisor. The
decision to reinstate privileges may be based on successful completion of a
road test, written test, medical exam, and other means deemed appropriate by
the custodian to ensure the employee will operate U.S. Government vehicles in a
safe, legal manner upon reinstatement. In no case will driving privileges for
U.S. Government vehicles be reinstated while the individuals State drivers
license is suspended or revoked. Vehicle custodians must formally notify the
Office of General Services Managements Fleet Management Operations Division
(A/OPR/GSM/FMO) of all driving privilege suspensions, revocations, and
reinstatements within two business days.
6 FAM 1945 ASSIGNMENT OF VEHICLES
6 FAM 1945.1 Vehicle Requests
(CT:GS-163; 04-21-2011)
a. Department vehicles may be assigned to a specific
office upon request. The request must be in writing to the Office of General
Services Managements Fleet Management Operations Division (A/OPR/GSM/FMO) and
be signed by the executive director of the office to which the vehicle will be
assigned. The request must contain the following:
(1) Justification, to include:
(a) Description of the intended use of the vehicle;
(b) Special requirements (i.e., cargo/passenger
capacity, special lights, radio, telephone, etc.);
(c) Approximate mileage per month;
(d) Where the vehicle will be based;
(e) When the vehicle is needed;
(f) Approximate length of assignment;
(g) Accounting information for billing purposes;
(h) Type of vehicle required; and
(i) Person having direct responsibility for the vehicle
(including individuals job title, office symbol, and telephone number); and
(2) A statement that:
(a) The vehicle will be used only for official business;
(b) Only authorized and properly licensed individuals
will be allowed to operate the vehicle;
(c) Adequate parking space is available at the location
where the vehicle will be garaged; and
(d) Existing shuttle bus systems will not meet mission
requirements.
b. Requests for larger, less fuel-efficient vehicles
(such as Class IV sedans (see 6 FAM 1945.2),
sport utility vehicles (SUVs), and heavy-duty 4-wheel-drive trucks) must be
accompanied by sufficient justification to warrant assignment; the written
request must state why a smaller, more fuel-efficient vehicle and/or an
alternate fueled vehicle (AFV) will not meet mission requirements.
c. Vehicle assignment requests not meeting the
criteria described in this section will be held in abeyance until all required
information has been provided.
6 FAM 1945.2 Issuing Authority
(CT:GS-163; 04-21-2011)
a. The Office of General Services Managements Fleet
Management Operations Division (A/OPR/GSM/FMO) will evaluate vehicle assignment
requests and assign vehicles based on a determination of sustained,
mission-essential need. In some cases, A/OPR/GSM/FMO may disapprove a request
and suggest alternate means of mission accomplishment (such as through use of
existing shuttle bus services). Or, A/OPR/GSM/FMO may disapprove the specific
type of vehicle requested, but may approve a different type of vehicle after
evaluation of all cost, fuel efficiency, regulatory compliance, and mission
criticality factors. Vehicle assignments will only be authorized for services
considered to be in the best interest of the U.S. Government, which includes
consideration of Federal Government-wide mandates for increasing overall fuel
efficiency and decreasing petroleum fuel use.
b. Chapter 102 of the Federal Management Regulation
(FMR), Subchapter B, Part 10234, places various size restrictions on the
purchase and lease of motor vehicles. Specifically, vehicles must be selected
to achieve maximum fuel efficiency, and motor vehicle body size, engine size,
and optional equipment must be limited to what is essential to meet the
agencys mission. The FMR specifically limits the purchase and lease of sedans
to midsize (Class III) sedans and smaller, unless the purchase or lease of
higher cost, lower fuel efficiency large sedans (Class IV) is essential to the
agencys mission. Due to these restrictions, as well as to generally negative
public opinion on the use of large sedans by U.S. Government officials, the
assignment of large Class IV sedans is strictly controlled within the
Department of State. As a matter of Department policy, the Bureau of
Administrations Deputy Assistant Secretary for Operations (A/OPR) must formally
approve all Class IV sedan assignment requests in advance. Generally, A/OPR
will consider Class IV sedan assignment requests only for use by the executive
motor pool and for positions at the Under Secretary level (or equivalent) and
above.
6 FAM 1945.3 Involuntary
Withdrawal of Assigned Vehicle
(CT:GS-150; 09-26-2005)
Vehicle assignments may be terminated by the Office of
General Services Managements Fleet Management Operations Division
(A/OPR/GSM/FMO) for any of the following reasons:
(1) Insufficient utilization. If utilization is low
and it is determined that the mission could be accomplished through other more
cost-effective means such as temporary rental; or
(2) Improper care and/or use of the assigned vehicle,
including failure to deliver the vehicle to vendors for scheduled maintenance
or inspections in accordance with established due dates; or
(3) Failure to comply with administrative guidelines
established by the Office of General Services Managements Fleet Management
Operations Division (A/OPR/GSM/FMO) for operation of the vehicle; or
(4) Failure to provide operational data, such as fuel
use, oil consumption, and odometer readings, as prescribed by A/OPR/GSM/FMO; or
(5) Failure to submit vehicle assignment justification
statements to A/OPR/GSM/FMO during the required annual vehicle inventory
reconciliation process.
6 FAM 1945.4 Right of Appeal
(CT:GS-150; 09-26-2005)
Any office having a vehicle assignment terminated under 6 FAM 1945.3
may appeal the termination to the Bureau of Administrations Deputy Assistant
Secretary for Operations (A/OPR). The office filing the appeal must present
evidence showing why the termination should be reversed, or that corrective
action has been taken regarding the infraction. There is no further right of
appeal if a vehicle assignment is terminated on three separate occasions for
the same infraction.
6 FAM 1946 DOMESTIC DISTRACTED DRIVING
6 FAM 1946.1 Policy and Objectives
(CT:GS-163; 04-21-2011)
Distracted driving places operators, passengers, pedestrians,
and others at great risk of property damage, personal injury, and loss of
life. The objective of this policy is to implement distraction controls;
curtail distracted driving practices; and alleviate vehicular accidents caused
by distracted driving.
6 FAM 1946.1-1 Definitions
(CT:GS-163; 04-21-2011)
Cognitive driving distraction: Mental workload that
involves thinking about something other than the primary driving task,
including the conduct of conversations with other individuals either on the
phone or in the vehicle.
Distracted driving: Inattention that occurs when a
driver diverts attention away from the task of operating a vehicle to focus on
another activity. The National Highway Traffic Safety Administration (NHTSA)
categorizes distracted driving in the three basic subcategories of visual,
manual, and cognitive distractions.
Driving: Operating a motor vehicle on a roadway,
including when temporarily stationary because of traffic congestion or a
traffic signal, stop sign, other traffic control device, etc., with the vehicle
engine running. Driving does not include being behind the wheel of a stopped
vehicle in a location off of a roadway where it is safe and legal to remain
stationary.
Electronic device: For purposes of this policy statement,
an electronic device is a cellular telephone, personal digital assistant (PDA),
laptop computer, global positioning system (GPS), audio/video players, and
similar apparatuses used to communicate or to send, retrieve, store, or display
information or data.
Hands-free device (HFD): An apparatus used with an
electronic device that permits the user to operate the device without holding
it or otherwise occupying the users hands. HFDs may take the form of
voice/touch activation, an ear-bud and lapel microphone combination, or an
installed speaker and microphone combination.
Manual driving distraction: Tasks that require the
driver to take a hand off the steering wheel to perform a non-steering task
(such as dialing a phone number, sending a text message, tuning a radio,
eating, or self-grooming).
Motor vehicle operator (MVO): Any individual holding
the official job title of Motor Vehicle Operator in job classification series
5703.
Security functions: For the purposes of this policy
statement, the term security functions includes security, law enforcement,
investigations, and protective service functions.
Texting/text messaging: Reading from or entering data
into an electronic device, including for the purpose of short message service
(SMS), e-mailing, instant messaging, obtaining navigational information, or
engaging in any other form of electronic data retrieval or communication that
requires manual entry/retrieval.
Visual distraction: Task that requires the driver to
look away from the roadway and/or vehicle mirrors to visually obtain
information or perform a non-driving manual task (such as reading a road map or
GPS).
6 FAM 1946.3 Scope, Applicability,
Authority, and Responsibility
6 FAM 1946.3-1 Scope
(CT:GS-163; 04-21-2011)
The scope of this policy statement includes all domestic use
of official vehicles, or domestic use of Government-issued electronic devices
while operating any vehicle, unless specifically exempted.
6 FAM 1946.3-2 Applicability
(CT:GS-163; 04-21-2011)
a. The policy described herein applies domestically to
individuals operating State Department vehicles; operating non-State Department
vehicles while conducting official government business; or utilizing a
Government-issued electronic device while operating any vehicle.
b. There are no exceptions to the prohibition against
text messaging as described herein.
c. The policy described herein that applies to talking
on an electronic device does not apply to:
(1) Individuals assigned responsibility for security
functions when actually performing such functions while driving; this exception
is allowed based on mission criticality and security;
(2) Individuals holding the official job title of
motor vehicle operator (MVO; job classification series 5703), who may talk on
an electronic device with certain limitations as described below. This
exception is allowed because of operational necessity combined with the
generally higher level of training and experience associated with professional
MVOs when compared to that of other operators; and
(3) Use of two-way radios.
d. In the event of a conflict between policy defined in
this subchapter and local law/jurisdiction, the more restrictive/prohibitive
requirement takes priority.
6 FAM 1946.3-3 Authority and
Responsibility
(CT:GS-163; 04-21-2011)
a. Domestic authority and responsibility for
establishing policy, driver education and oversight activities associated with
minimizing distracted driving rest primarily with the Domestic Environmental
and Safety Division (A/OPR/FMS/DESD) and secondarily as a shared responsibility
by the Fleet Management Office (A/OPR/GSM/FMO), vehicle custodians, and
supervisory personnel.
b. Supervisors of individuals excepted from
requirements described in subparagraph 6 FAM 1946.3-2.c
must institute internal policies and procedures that incorporate the spirit and
intent of the policy described in this subchapter to minimize using electronic
devices while driving.
6 FAM 1946.4 Policy
6 FAM 1946.4-1 Texting
(CT:GS-163; 04-21-2011)
(1) With a Government-issued electronic device while
driving any vehicle; and
(2) With any electronic device while driving a
Government vehicle or while driving a privately owned vehicle (POV) on official
business. Executive Order 13513 applies.
b. Glancing at or listening to a navigational device
that is secured in a commercially designed holder affixed to the vehicle is not
considered texting and is therefore allowed, provided that the practice is not
prohibited by local law and the destination and route are programmed into the
device while not driving.
c. Use of radar warning devices is never allowed while
operating a Government vehicle or while operating any vehicle being utilized
for official government business.
6 FAM 1946.4-2 Talking
(CT:GS-163; 04-21-2011)
a. Talking on a Government-issued device while driving
any vehicle; talking on any device while driving an official vehicle; and
talking on any device while operating a POV on official business is
prohibited. Incoming calls may not be taken and outgoing calls may not be
initiated while driving.
b. The following exceptions apply:
(1) When dictated by operational necessity, motor
vehicle operators (MVOs) may talk on a cell phone while driving if a hands-free
device is utilized. Prior to initiating or receiving a call, the MVO will make
every effort to pull off the roadway and stop in a safe and lawful location.
MVOs are not required to answer calls while driving if the MVO determines it
would be unsafe to do so;
(2) MVOs may utilize the exception noted above to
initiate calls only when conducting official Government business (e.g., no
personal calls). MVOs will refrain from extended conversations while driving
and will hold conversations to the absolute minimum duration necessary to
convey vital job-related information; and
(3) In the event of an emergency, any driver may
initiate a call when traveling alone. The call must last no longer than
necessary to address the emergency.
c. The exceptions listed above do not apply if
prohibited by local law.
6 FAM 1946.5 Distraction Controls
(CT:GS-163; 04-21-2011)
a. Distraction controls are enforced for all drivers of
official vehicles; for all drivers of POVs while on official Government
business, and for all drivers using a Government-issued electronic device while
driving.
b. Individuals must refrain from any activity that may
lead to visual, manual, or cognitive distracted driving. Such activities
include eating, drinking, and, smoking (which are never allowed in Government
vehicles); reading, personal grooming, adjusting the radio, engaging in
animated conversation with passengers, aggressive driving, and any other
activities that divert attention from the road or vehicle mirrors.
c. Drivers cannot wear portable headphones, earphones,
or other listening devices that fit into or over the ear(s) while driving, with
the exception that MVOs may utilize ear-buds in conjunction with hands-free
communication device operation if allowed by local law.
d. Passengers may volunteer to operate electronic
devices for the driver and should be encouraged to do so when warranted.
e. Contracts, grants, and cooperative agreements must
encourage contractors, subcontractors, recipients, and subrecipients to adopt
and enforce the policies and principles defined herein when conducting business
on behalf of the Department.
f. All levels of supervision and management must
actively participate in the enforcement of this program; be involved by
personal example and precept; and encourage State employees to voluntarily
comply with the initiatives defined herein while off-duty.
6 FAM 1947 through 1949 UNASSIGNED