Florida Vehicle Policy - sample
1. Introduction
1.1 This policy applies to your employment at [Insert organization name], ("the Organization").
1.2 For this policy to be effective, it must be applied throughout the Organization; this policy applies to all staff regardless of position.
1.3 Any breach of this policy may constitute a disciplinary offense and may lead to the withdrawal of your entitlement to use any Organization vehicle.
2. Your Driving Status
2.1 You have a duty to inform the Organization if at any time your circumstances or driving record change (or, where applicable, those of your nominated driver change). This includes any change that may lead to an increase in insurance premiums, a refusal to insure, or where continuing to drive would constitute a criminal offense.
2.2 If you are entitled to the use of a vehicle provided by the Organization as part of your salary and benefits, the Organization will specify the maximum value of the vehicle or the exact make(s) and model(s) that you may be entitled to select. The Organization may provide, from time to time, a list of vehicles that you may select.
2.3 The Organization may also specify whether a vehicle currently used by the Organization should be used or whether a specific vehicle not currently used by the Organization should be provided.
2.4 The Organization reserves the right to review and amend the maximum value limits or list of specific makes and models allowable as Organization vehicles.
2.5 If you are able to select the vehicle of your choice, you must first obtain written confirmation from both your immediate manager/supervisor and the Organization's VP of Finance or CFO that the vehicle chosen by you is acceptable.
3. Vehicle Renewal
The Organization will replace or renew your vehicle at reasonable intervals to ensure the safety and reliability of the vehicle. The Organization reserves the right to select and vary such intervals as it sees fit.
4. Vehicle Delivery
Once you have taken delivery of your vehicle, you should thoroughly read the manufacturer's handbook or other guide and familiarise yourself with the vehicle's features and controls.
5. Insurance, Registration Fee, Tolls & Charges
5.1 The Organization will pay for all comprehensive insurance coverage and annual registration fees for your vehicle at all times. You will ensure that all appropriate insurance details or copies of such insurance details are kept within the vehicle at all times. You will also ensure that any road revenue disc, badge, transponder, or device is properly displayed and readable at all times.
5.2 Any specific individual bridge or road tolls should be paid by you and reclaimed as part of your expenses where a transponder is not fitted to your vehicle. The Organization will repay any such expenses to you in accordance with the usual provisions for expense payments. If such payments have to be regularly paid by you such as "congestion charges", the Organization may, at its sole discretion, pay these charges on your behalf.
5.3 Where it is your duty to pay any toll, congestion charge, or other charge and fail to do so, and this results in a fine or penalty notice being received by the Organization, the Organization reserves the right to deduct the equivalent amount from your pay.
6. Vehicle Maintenance
6.1 The Organization will ensure that your vehicle is regularly serviced and maintained according to the manufacturer's specified service intervals.
6.2 While your vehicle is being serviced or repaired, the Organization will, at its sole discretion, make arrangements for you to have use of a suitable temporary replacement vehicle.
6.3 However, as the user of the vehicle, you are responsible for the everyday maintenance of your vehicle, including the following:
6.3.1 Using the appropriate fuel for the vehicle and ensuring that you have sufficient fuel for your journey or charge in the case of electric vehicles.
6.3.2 Regularly checking and maintaining the engine oil level according to the manufacturer's instructions.
6.3.3 Regularly checking and maintaining the various water, coolant/anti-freeze, and other liquid levels according to the manufacturer's instructions.
6.3.4 Regularly check the vehicle tires, including any spare tires, for wear or damage and maintain the tire pressures in accordance with the manufacturer's specifications. Where any tires are replaced, the replacement tires should be suitable for the vehicle and of the same size and rating.
6.3.5 Regularly check wipers and lights for wear, damage, or faults as applicable.
6.3.6 You should also ensure that both the exterior and interior of the vehicle are kept clean. If the vehicle displays the Organization's name, logo, branding, or colors, the Organization may introduce a "clean vehicle policy" at any time to ensure that the vehicle is cleaned regularly as required.
6.4 The Organization will repay the costs incurred through everyday maintenance to you in accordance with usual provisions for expense payments; this excludes costs incurred keeping the exterior and interior of the vehicle clean, except where a "clean vehicle policy" is applied to your vehicle.
7. Conventional Fuelling, Electric Charging, Misfuelling
7.1 The Organization will only repay fuel costs directly incurred through your work. Such costs will be repaid at a fixed rate per mile as specified by the Organization. Payment will be made in the same manner as other expenses. The Organization reserves the right to review such per-mile rates at any time.
7.2 Proper fuel receipts must be provided in order to reclaim fuel costs.
7.3 Where you are issued with a fuel card, this must be used when paying for fuel required for work use. You must also quote the mileage on the vehicle if requested at the time of payment by the petrol station cashier.
7.4 Where a vehicle has been misfuelled (regardless of how little of the incorrect fuel has been used), the vehicle engine should not be started. You should immediately contact the Organization or the breakdown service used by the Organization.
7.5 In the case of electric or hybrid vehicles, these should be charged at the quickest and most convenient source. Where a card or app is required for operation and/or payment is required for charging, the Organization will supply or provide details of such. In the case of cards, all such cards should be kept in the vehicle glove box when not in use and should not be removed from the vehicle.
7.6 When you have finished charging an electric vehicle, it should be unplugged from the charging point and moved to allow other electric vehicles to charge.
7.7 All electric vehicles should be left with a minimum of 50% charge before being returned to the Organization's vehicle pool or handed to another employee. Please note the battery of any electric vehicle should not be left in a low state of charge for any significant period of time, for example, overnight, as this can cause damage to the battery.
7.8 Where the electric vehicle is a hybrid or is fitted with a range-extending generator, it should always be returned to the Organization's vehicle pool or handed to another employee with a full tank of fuel.
8. Private Use of Vehicle
8.1 Your vehicle can only be used for private use if suitable for such purpose. Motorbikes, cars, and light commercial vans may be used for private use; any other vehicle belonging to the Organization may not. You should not at any time use your Organization's vehicle for commercial purposes other than those directly connected to your employment with the Organization.
8.2 If the Organization provides you with a car as part of your employment package, you may nominate one other named driver who may use the car.
8.3 The Organization reserves the right to refuse any named driver use of the car where that nominated driver may increase the insurance premiums paid by the Organization to insure the car.
8.4 If a nominated driver is refused permission to use an Organization car, you may nominate an alternative driver.
8.5 You are solely responsible for all fuel or charging costs incurred during private usage by either you or the other nominated driver.
9. Driving Policy Rules & Equipment
9.1 You are reminded that you should always drive in a manner that is courteous and considerate to other road users and pedestrians.
9.2 Where required by law, tachographs are fitted to the Organization's vehicles. You are reminded that tachograph cards must be fitted and used correctly and/or booklet completed (where applicable). Where an electronic tachograph Electronic Logging Device (ELD) is fitted, this must be used at all times.
9.3 Where your driving hours are regulated, you must ensure that all rest breaks are taken and that your driving hours in any given period are not exceeded.
9.4 You must also ensure that your tachograph cards and/or booklets are given to your manager/supervisor at the end of each working week or when requested by your manager/supervisor or the Organization. You are reminded that falsifying or attempting to disable a tachograph is a criminal offense. The Organization complies with the law regarding tachographs and will co-operate fully with the police, the Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMCSA), and all other relevant agencies or bodies, both state and federal, in any matters related to their use. Any breach of tachograph regulations is a disciplinary offense and, in serious cases, constitutes gross misconduct, which may lead to summary dismissal.
9.5 Where required by law, the Organization will fit and maintain any speed limitation device to vehicles owned by the Organization. Tampering or disabling such devices is a disciplinary offense and, in serious cases, constitutes gross misconduct, which may lead to summary dismissal.
9.6 The Organization reserves the right to place so-called "How is my driving" signs on any Organization vehicle in order to encourage courteous and considerate driving and minimize the risk of accidents.
9.7 The Organization reserves the right to fit any Organization vehicle with an immobilizer, alarm, anti-theft, and/or vehicle-tracking device. If an Organization vehicle is fitted with any such device, it should be used whenever the vehicle is left unattended, even if the vehicle is within sight. Furthermore, valuables belonging to either the Organization or you must never be left in clear view, even when the vehicle is occupied.
9.8 The Organization reserves the right to fit any Organization vehicle with one or more cameras. If an Organization vehicle is fitted with any such device, it should be used whenever the vehicle is being used. Where an incident or accident occurs, it is the duty of the driver to ensure that any possible video and/or audio evidence is preserved on the cameras and not subsequently overwritten or deleted. Where any camera is fitted with a memory card in the event of an accident or incident, this should be removed and handed intact to the Organization immediately.
9.9 You must abide by the terms and conditions of the Organization's insurance at all times.
9.10 You must not pick up hitchhikers at any time.
9.11 You are, however, able to offer assistance to other road users where it is reasonable to do so and where it would not place you in any danger.
9.12 In the event of a breakdown, you should contact the breakdown service used by the Organization or seek reasonable assistance by using a roadside telephone.
9.13 You should activate the hazard warning lights on your vehicle as soon as you break down and keep them on until your vehicle is repaired or removed.
9.14 You should stay with your vehicle, but where possible, stand on the sidewalk, hard shoulder, or embankment away from the road and vehicle. If this is not feasible or in bad weather, you should sit in the front of the vehicle on the side nearest to the sidewalk, hard shoulder, or embankment.
9.15 You should not attempt to fix the vehicle where it is dangerous to do so, for example, where the vehicle is partly blocking the road or a lane of a freeway or where the vehicle is on a bend or narrow section of road.
9.16 You should always ensure that you travel with warm and preferably waterproof clothing in case you have to wait for assistance. If possible, you should also carry in your vehicle a torch, spare fuses, and a cell phone. In hot weather, you should always travel with adequate water or soft drinks.
10. Accidents or Injury
10.1 In the event that either you or (where applicable) the other nominated driver is involved in an accident, no matter how minor, whilst using an Organization vehicle, you as our employee must inform both the Organization and the police at the earliest possible opportunity.
10.2 If any accident causes personal injury, either to you or any other party, no matter how minor, you must inform both the Organization and the police at the earliest possible opportunity.
10.3 If your failure to inform the Organization or police after an accident leads to a withdrawal of insurance protection for that vehicle by our insurers, the Organization reserves the right to recoup any such losses directly from you.
10.4 At the time of any accident and afterward, you are expected to co-operate fully with the Organization, police, insurers, and any other authority or body investigating the accident.
10.5 After any accident, whether caused wholly or partly by you or a nominated driver, the Organization reserves the right to review your use and entitlement to use any Organization vehicle.
10.6 In the event of an accident, the Organization reserves the right to seek the whole or partial payment of any insurance excess from you where the accident is caused wholly or partly by you or a nominated driver.
10.7 If at any time you expressly or impliedly give permission to a third party (other than the nominated driver) to use an Organization vehicle and that vehicle is involved in an accident, the Organization reserves the right to seek payment of all costs and liabilities from you.
11. Fines & Criminal Proceedings
11.1 You shall be personally liable for all parking, clamping, or towing charges or fines and all speeding fines incurred by you or the other nominated driver.
11.2 If at any time your license ceases to be valid, or you are banned from driving for whatever reason, the Organization reserves the right to remove you from your position and re-assign you within the Organization if the Organization believes that your job cannot be effectively carried out without a current driving license.
11.3 If your period without a license exceeds 30 days and the Organization cannot reasonably re-assign you, your employment may be terminated without notice.
11.4 Furthermore, any criminal act by you that leads to the loss of your license may result in disciplinary action under the Organization's disciplinary procedure. In serious cases, this may constitute gross misconduct and entitle the Organization to terminate your employment without notice.
12. Cell Phone Use
12.1 The use of cell phones (without a proper hands-free kit) whilst driving is not allowed. The use of a cell phone (not fitted with a proper hands-free kit) while driving constitutes a criminal offense.
12.2 Any breach of these regulations is a disciplinary offense and, in serious cases, constitutes gross misconduct, which may lead to summary dismissal.
12.3 A proper hands-free kit allows for the docking of the cell phone in a cradle or similar device mounted on or in the dashboard of the vehicle. In-built phone systems also constitute hands-free phones. The use of an ordinary cell phone fitted with an earpiece is not a hands-free kit and should, therefore, not be used.
12.4 Whilst the use of a cell phone fitted with a hands-free kit is legal, it is still a distraction and can, therefore, increase the risk of an accident. The Organization, therefore, requests that you observe the following procedures:
12.4.1 Phone use should be kept to an absolute minimum when your vehicle is moving. Calls should only be made when it is absolutely necessary.
12.4.2 If you call a fellow employee whilst they are driving, you should ensure that any conversation is kept to an absolute minimum. If you wish to continue the conversation, you should make arrangements to continue the call once they have stopped driving.
12.4.3 If you receive a call while driving and wish to continue the conversation at the time of the call, you should stop and park your vehicle only if it is safe to do so. You should not stop your vehicle where it is likely to cause an obstruction. You should never park your vehicle on the hard shoulder of the freeway to take a call.
13. No Smoking Policy
Smoking is not permitted in any vehicles owned by the Organization at any time when more than one employee uses that vehicle, even when other employees are not present in the vehicle at the time. Smoking in vehicles also used by the public is strictly prohibited.
14. Termination of Contract of Employment
14.1 If your contract of employment is terminated, your use of any vehicle owned by the Organization ends on the last day of your employment at the Organization's workplace. This applies irrespective of whether you work out your notice period or not. You will not be entitled to any monetary compensation or alternative benefit in lieu.
14.2 The Organization will pay any outstanding sums due to you (salary and/or expenses) after the key or keys to the vehicle have been returned to the Organization and the vehicle has been inspected.
14.3 Where the Organization receives any fine or penalty notice related to your or the nominated driver's use of an Organization vehicle after you have left the employment of the Organization, the Organization reserves the right to seek payment directly from you, plus any associated additional costs.
15. Date of Implementation
This policy is effective from [Insert date] and shall not apply to any actions that occurred prior to this date.
16. Questions
If you have any questions regarding this policy document and how it applies to you, please consult your manager.
17. Alteration of this Policy
This policy will be subject to review, revision, change, updating, alteration, and replacement to introduce new policies from time to time to reflect the Organization's changing needs or to comply with any applicable state or federal laws.
18. Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the state of Florida.
(c) CompactLaw / all rights reserved / version 22.0
1.1 This policy applies to your employment at [Insert organization name], ("the Organization").
1.2 For this policy to be effective, it must be applied throughout the Organization; this policy applies to all staff regardless of position.
1.3 Any breach of this policy may constitute a disciplinary offense and may lead to the withdrawal of your entitlement to use any Organization vehicle.
2. Your Driving Status
2.1 You have a duty to inform the Organization if at any time your circumstances or driving record change (or, where applicable, those of your nominated driver change). This includes any change that may lead to an increase in insurance premiums, a refusal to insure, or where continuing to drive would constitute a criminal offense.
2.2 If you are entitled to the use of a vehicle provided by the Organization as part of your salary and benefits, the Organization will specify the maximum value of the vehicle or the exact make(s) and model(s) that you may be entitled to select. The Organization may provide, from time to time, a list of vehicles that you may select.
2.3 The Organization may also specify whether a vehicle currently used by the Organization should be used or whether a specific vehicle not currently used by the Organization should be provided.
2.4 The Organization reserves the right to review and amend the maximum value limits or list of specific makes and models allowable as Organization vehicles.
2.5 If you are able to select the vehicle of your choice, you must first obtain written confirmation from both your immediate manager/supervisor and the Organization's VP of Finance or CFO that the vehicle chosen by you is acceptable.
3. Vehicle Renewal
The Organization will replace or renew your vehicle at reasonable intervals to ensure the safety and reliability of the vehicle. The Organization reserves the right to select and vary such intervals as it sees fit.
4. Vehicle Delivery
Once you have taken delivery of your vehicle, you should thoroughly read the manufacturer's handbook or other guide and familiarise yourself with the vehicle's features and controls.
5. Insurance, Registration Fee, Tolls & Charges
5.1 The Organization will pay for all comprehensive insurance coverage and annual registration fees for your vehicle at all times. You will ensure that all appropriate insurance details or copies of such insurance details are kept within the vehicle at all times. You will also ensure that any road revenue disc, badge, transponder, or device is properly displayed and readable at all times.
5.2 Any specific individual bridge or road tolls should be paid by you and reclaimed as part of your expenses where a transponder is not fitted to your vehicle. The Organization will repay any such expenses to you in accordance with the usual provisions for expense payments. If such payments have to be regularly paid by you such as "congestion charges", the Organization may, at its sole discretion, pay these charges on your behalf.
5.3 Where it is your duty to pay any toll, congestion charge, or other charge and fail to do so, and this results in a fine or penalty notice being received by the Organization, the Organization reserves the right to deduct the equivalent amount from your pay.
6. Vehicle Maintenance
6.1 The Organization will ensure that your vehicle is regularly serviced and maintained according to the manufacturer's specified service intervals.
6.2 While your vehicle is being serviced or repaired, the Organization will, at its sole discretion, make arrangements for you to have use of a suitable temporary replacement vehicle.
6.3 However, as the user of the vehicle, you are responsible for the everyday maintenance of your vehicle, including the following:
6.3.1 Using the appropriate fuel for the vehicle and ensuring that you have sufficient fuel for your journey or charge in the case of electric vehicles.
6.3.2 Regularly checking and maintaining the engine oil level according to the manufacturer's instructions.
6.3.3 Regularly checking and maintaining the various water, coolant/anti-freeze, and other liquid levels according to the manufacturer's instructions.
6.3.4 Regularly check the vehicle tires, including any spare tires, for wear or damage and maintain the tire pressures in accordance with the manufacturer's specifications. Where any tires are replaced, the replacement tires should be suitable for the vehicle and of the same size and rating.
6.3.5 Regularly check wipers and lights for wear, damage, or faults as applicable.
6.3.6 You should also ensure that both the exterior and interior of the vehicle are kept clean. If the vehicle displays the Organization's name, logo, branding, or colors, the Organization may introduce a "clean vehicle policy" at any time to ensure that the vehicle is cleaned regularly as required.
6.4 The Organization will repay the costs incurred through everyday maintenance to you in accordance with usual provisions for expense payments; this excludes costs incurred keeping the exterior and interior of the vehicle clean, except where a "clean vehicle policy" is applied to your vehicle.
7. Conventional Fuelling, Electric Charging, Misfuelling
7.1 The Organization will only repay fuel costs directly incurred through your work. Such costs will be repaid at a fixed rate per mile as specified by the Organization. Payment will be made in the same manner as other expenses. The Organization reserves the right to review such per-mile rates at any time.
7.2 Proper fuel receipts must be provided in order to reclaim fuel costs.
7.3 Where you are issued with a fuel card, this must be used when paying for fuel required for work use. You must also quote the mileage on the vehicle if requested at the time of payment by the petrol station cashier.
7.4 Where a vehicle has been misfuelled (regardless of how little of the incorrect fuel has been used), the vehicle engine should not be started. You should immediately contact the Organization or the breakdown service used by the Organization.
7.5 In the case of electric or hybrid vehicles, these should be charged at the quickest and most convenient source. Where a card or app is required for operation and/or payment is required for charging, the Organization will supply or provide details of such. In the case of cards, all such cards should be kept in the vehicle glove box when not in use and should not be removed from the vehicle.
7.6 When you have finished charging an electric vehicle, it should be unplugged from the charging point and moved to allow other electric vehicles to charge.
7.7 All electric vehicles should be left with a minimum of 50% charge before being returned to the Organization's vehicle pool or handed to another employee. Please note the battery of any electric vehicle should not be left in a low state of charge for any significant period of time, for example, overnight, as this can cause damage to the battery.
7.8 Where the electric vehicle is a hybrid or is fitted with a range-extending generator, it should always be returned to the Organization's vehicle pool or handed to another employee with a full tank of fuel.
8. Private Use of Vehicle
8.1 Your vehicle can only be used for private use if suitable for such purpose. Motorbikes, cars, and light commercial vans may be used for private use; any other vehicle belonging to the Organization may not. You should not at any time use your Organization's vehicle for commercial purposes other than those directly connected to your employment with the Organization.
8.2 If the Organization provides you with a car as part of your employment package, you may nominate one other named driver who may use the car.
8.3 The Organization reserves the right to refuse any named driver use of the car where that nominated driver may increase the insurance premiums paid by the Organization to insure the car.
8.4 If a nominated driver is refused permission to use an Organization car, you may nominate an alternative driver.
8.5 You are solely responsible for all fuel or charging costs incurred during private usage by either you or the other nominated driver.
9. Driving Policy Rules & Equipment
9.1 You are reminded that you should always drive in a manner that is courteous and considerate to other road users and pedestrians.
9.2 Where required by law, tachographs are fitted to the Organization's vehicles. You are reminded that tachograph cards must be fitted and used correctly and/or booklet completed (where applicable). Where an electronic tachograph Electronic Logging Device (ELD) is fitted, this must be used at all times.
9.3 Where your driving hours are regulated, you must ensure that all rest breaks are taken and that your driving hours in any given period are not exceeded.
9.4 You must also ensure that your tachograph cards and/or booklets are given to your manager/supervisor at the end of each working week or when requested by your manager/supervisor or the Organization. You are reminded that falsifying or attempting to disable a tachograph is a criminal offense. The Organization complies with the law regarding tachographs and will co-operate fully with the police, the Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMCSA), and all other relevant agencies or bodies, both state and federal, in any matters related to their use. Any breach of tachograph regulations is a disciplinary offense and, in serious cases, constitutes gross misconduct, which may lead to summary dismissal.
9.5 Where required by law, the Organization will fit and maintain any speed limitation device to vehicles owned by the Organization. Tampering or disabling such devices is a disciplinary offense and, in serious cases, constitutes gross misconduct, which may lead to summary dismissal.
9.6 The Organization reserves the right to place so-called "How is my driving" signs on any Organization vehicle in order to encourage courteous and considerate driving and minimize the risk of accidents.
9.7 The Organization reserves the right to fit any Organization vehicle with an immobilizer, alarm, anti-theft, and/or vehicle-tracking device. If an Organization vehicle is fitted with any such device, it should be used whenever the vehicle is left unattended, even if the vehicle is within sight. Furthermore, valuables belonging to either the Organization or you must never be left in clear view, even when the vehicle is occupied.
9.8 The Organization reserves the right to fit any Organization vehicle with one or more cameras. If an Organization vehicle is fitted with any such device, it should be used whenever the vehicle is being used. Where an incident or accident occurs, it is the duty of the driver to ensure that any possible video and/or audio evidence is preserved on the cameras and not subsequently overwritten or deleted. Where any camera is fitted with a memory card in the event of an accident or incident, this should be removed and handed intact to the Organization immediately.
9.9 You must abide by the terms and conditions of the Organization's insurance at all times.
9.10 You must not pick up hitchhikers at any time.
9.11 You are, however, able to offer assistance to other road users where it is reasonable to do so and where it would not place you in any danger.
9.12 In the event of a breakdown, you should contact the breakdown service used by the Organization or seek reasonable assistance by using a roadside telephone.
9.13 You should activate the hazard warning lights on your vehicle as soon as you break down and keep them on until your vehicle is repaired or removed.
9.14 You should stay with your vehicle, but where possible, stand on the sidewalk, hard shoulder, or embankment away from the road and vehicle. If this is not feasible or in bad weather, you should sit in the front of the vehicle on the side nearest to the sidewalk, hard shoulder, or embankment.
9.15 You should not attempt to fix the vehicle where it is dangerous to do so, for example, where the vehicle is partly blocking the road or a lane of a freeway or where the vehicle is on a bend or narrow section of road.
9.16 You should always ensure that you travel with warm and preferably waterproof clothing in case you have to wait for assistance. If possible, you should also carry in your vehicle a torch, spare fuses, and a cell phone. In hot weather, you should always travel with adequate water or soft drinks.
10. Accidents or Injury
10.1 In the event that either you or (where applicable) the other nominated driver is involved in an accident, no matter how minor, whilst using an Organization vehicle, you as our employee must inform both the Organization and the police at the earliest possible opportunity.
10.2 If any accident causes personal injury, either to you or any other party, no matter how minor, you must inform both the Organization and the police at the earliest possible opportunity.
10.3 If your failure to inform the Organization or police after an accident leads to a withdrawal of insurance protection for that vehicle by our insurers, the Organization reserves the right to recoup any such losses directly from you.
10.4 At the time of any accident and afterward, you are expected to co-operate fully with the Organization, police, insurers, and any other authority or body investigating the accident.
10.5 After any accident, whether caused wholly or partly by you or a nominated driver, the Organization reserves the right to review your use and entitlement to use any Organization vehicle.
10.6 In the event of an accident, the Organization reserves the right to seek the whole or partial payment of any insurance excess from you where the accident is caused wholly or partly by you or a nominated driver.
10.7 If at any time you expressly or impliedly give permission to a third party (other than the nominated driver) to use an Organization vehicle and that vehicle is involved in an accident, the Organization reserves the right to seek payment of all costs and liabilities from you.
11. Fines & Criminal Proceedings
11.1 You shall be personally liable for all parking, clamping, or towing charges or fines and all speeding fines incurred by you or the other nominated driver.
11.2 If at any time your license ceases to be valid, or you are banned from driving for whatever reason, the Organization reserves the right to remove you from your position and re-assign you within the Organization if the Organization believes that your job cannot be effectively carried out without a current driving license.
11.3 If your period without a license exceeds 30 days and the Organization cannot reasonably re-assign you, your employment may be terminated without notice.
11.4 Furthermore, any criminal act by you that leads to the loss of your license may result in disciplinary action under the Organization's disciplinary procedure. In serious cases, this may constitute gross misconduct and entitle the Organization to terminate your employment without notice.
12. Cell Phone Use
12.1 The use of cell phones (without a proper hands-free kit) whilst driving is not allowed. The use of a cell phone (not fitted with a proper hands-free kit) while driving constitutes a criminal offense.
12.2 Any breach of these regulations is a disciplinary offense and, in serious cases, constitutes gross misconduct, which may lead to summary dismissal.
12.3 A proper hands-free kit allows for the docking of the cell phone in a cradle or similar device mounted on or in the dashboard of the vehicle. In-built phone systems also constitute hands-free phones. The use of an ordinary cell phone fitted with an earpiece is not a hands-free kit and should, therefore, not be used.
12.4 Whilst the use of a cell phone fitted with a hands-free kit is legal, it is still a distraction and can, therefore, increase the risk of an accident. The Organization, therefore, requests that you observe the following procedures:
12.4.1 Phone use should be kept to an absolute minimum when your vehicle is moving. Calls should only be made when it is absolutely necessary.
12.4.2 If you call a fellow employee whilst they are driving, you should ensure that any conversation is kept to an absolute minimum. If you wish to continue the conversation, you should make arrangements to continue the call once they have stopped driving.
12.4.3 If you receive a call while driving and wish to continue the conversation at the time of the call, you should stop and park your vehicle only if it is safe to do so. You should not stop your vehicle where it is likely to cause an obstruction. You should never park your vehicle on the hard shoulder of the freeway to take a call.
13. No Smoking Policy
Smoking is not permitted in any vehicles owned by the Organization at any time when more than one employee uses that vehicle, even when other employees are not present in the vehicle at the time. Smoking in vehicles also used by the public is strictly prohibited.
14. Termination of Contract of Employment
14.1 If your contract of employment is terminated, your use of any vehicle owned by the Organization ends on the last day of your employment at the Organization's workplace. This applies irrespective of whether you work out your notice period or not. You will not be entitled to any monetary compensation or alternative benefit in lieu.
14.2 The Organization will pay any outstanding sums due to you (salary and/or expenses) after the key or keys to the vehicle have been returned to the Organization and the vehicle has been inspected.
14.3 Where the Organization receives any fine or penalty notice related to your or the nominated driver's use of an Organization vehicle after you have left the employment of the Organization, the Organization reserves the right to seek payment directly from you, plus any associated additional costs.
15. Date of Implementation
This policy is effective from [Insert date] and shall not apply to any actions that occurred prior to this date.
16. Questions
If you have any questions regarding this policy document and how it applies to you, please consult your manager.
17. Alteration of this Policy
This policy will be subject to review, revision, change, updating, alteration, and replacement to introduce new policies from time to time to reflect the Organization's changing needs or to comply with any applicable state or federal laws.
18. Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the state of Florida.
(c) CompactLaw / all rights reserved / version 22.0