SECTION 260:70-9-1. Driver and vehicle safety standards for motor vehicle operations

  In order to help protect the general public, as well as the state and other covered entities' property and their employees, the rules contained in OAC 260:70-9 shall apply:

(1)   Primary requirements. It being imperative that in order to assure the driving public that state vehicles will be operated properly and by trained individuals, State Risk Management reserves the right to insure for liability insurance only those state employees or volunteers it deems insurable. In order to facilitate this right, Risk Management may, from time to time, request Motor Vehicle Records (MVR's) from the Department of Public Safety. Any information found on the report that may be negative towards the driving record of the individual employee may be cause for Risk Management to inform the employing agency of said employee that the driver is uninsurable and that in the event of a loss involving said employee, Risk Management will refuse to pay for such loss(es) out of the Risk Management Comprehensive Risk Pool. Losses incurred under such conditions shall be borne by the employing agency. In addition to the above, the following are minimum requirements:

(A)   To operate a vehicle of any type, an individual must have a valid driver's license. Risk Management may assist agencies in checking whether or not an employee has a valid Oklahoma drivers license.

(B)   Driver will use the vehicle only for state or other covered entity business within the scope of the driver's employment/authority.

(C)   Driver will wear his/her safety belt.

(D)   Driver will observe all traffic laws.

(E)   Driver will not allow an unauthorized person to drive the vehicle.

(F)   Consumption of alcoholic beverages or narcotics prior to the operation of a vehicle is prohibited.

(2)   General requirements.

(A)   Backing of vehicles where the driver does not have a clear view of the entire area behind the vehicle will be accomplished with an assistance of a guide. If a second person is in the vehicle, he/she should guide the vehicle back using the appropriate hand and voice signals. If the driver is alone, he/she should check the area behind his/her vehicle before backing.

(B)   Drivers will ensure that windows, headlights, taillights, and wipers are clean and operational at all times.

(C)   In order to give ample warning to oncoming and following vehicles, turn signals must be utilized by drivers at all times, when making a turn or changing lanes.

(D)   Do not "tail-gate". When following other vehicles in normal traffic and under good weather conditions, a time gap of two seconds should be allowed.

(E)   On hills, curves, intersections or in any area where your vision is obstructed, do not make a turnabout, i.e., u-turn.

(F)   Vehicles and equipment shall not be parked or left adjacent to the roadway in such a manner as to constitute a traffic hazard to the driving public. Vehicles will not be parked where they will obstruct the sight of other drivers.

(3)   Specific requirements.

(A)   It shall be unlawful for any driver of any vehicle to operate said vehicle without a valid drivers license, pursuant to 47 O.S., Section 6-101 et seq. Drivers will carry a valid drivers license at all times, pursuant to 47 O.S., Section 6-112.

(B)   Any volunteer or employee who operates a state or other covered entity vehicle regularly or occasionally is required to report suspension or revocation of his/her license to their agency. Failure of an employee or volunteer to report a change in license status may result in denial of insurance coverage by the Risk Management Department in the event of an accident, pursuant to 260:70-9-1(3)(B).

(C)   All items or materials, which may move around during transport by truck or trailer, will be secured or tarped.

(D)   No more than three (3) persons will ride in the front seat of a state or other covered entity vehicle. Where only two single seats exist, only one rider may ride in each seat.

(E)   Drivers of state or other covered entity vehicles will drive in a courteous manner at all times.

(F)   Emergency vehicles under emergency situations are exempt from normal motor vehicle laws, but are required to exercise due regard for the safety of all persons pursuant to 47 O.S., Section 11-106.

(G)   Any Driver of a motor vehicle involved in an at fault accident or accidents while functioning as an agent of the State and in which the driver acted negligently (and caused personal injury and/or property damage) shall be required to attend and successfully complete a Motor Vehicle Improvement (MVI) course. Such course shall be approved by the State Risk Management Department and must be attended within six (6) months of the date of the accident. Failure to successfully complete an approved MVI course shall result in the driver of the state vehicle being declared uninsurable by the State Risk Management Administrator until such time that the driver successfully completes the required course. The Risk Management Administrator may waive this requirement and paragraph H upon proper application and for good cause.

(H)   Any driver of a motor vehicle, while functioning as an agent of the State, that is involved in two at fault accidents in a twenty four (24) month period shall, in addition to paragraph G, be declared uninsurable by the Risk Management Administrator for a period of three (3) months following the second accident.

(I)   Special equipment such as tractor-trailers, mowers, construction equipment, mobile cranes, fork lifts and emergency vehicles shall not be operated without adequate training provided by the Agency and authorization by the agency in charge.

(4)   Maintenance requirements.

(A)   Before operating a state or other covered entity vehicle, the driver is responsible for checking to see that all necessary safety equipment and control devices are in good condition before he/she operates it. These items should include;

(i)   Lights.

(ii)   Directional signals.

(iii)   Steering wheel.

(iv)   Brakes

(v)   Rear-view and side-view mirrors.

(vi)   Horn.

(vii)   Tires.

(viii)   Safety belts

(ix)   Windshield wipers.

(x)   Defroster.

(B)   For vehicles used to transport people, such as an activity bus or van, the following items in addition to those listed in 260:70-9-1(4)(A) should be checked for emergency use:

(i)   Reflectors.

(ii)   Fire extinguisher, type B-C.

(iii)   First aid kit.

(C)   No state or other covered entity vehicle will be operated without a current state safety inspection sticker.

(5)   Accident reporting. Any state or other covered entity vehicle involved in an incident with a third party shall report the incident to his Agency Risk Manager or the Risk Management Department not later than the next working day following the occurrence of the incident. Risk Management, in order to adequately investigate and come to a timely determination as to whether or not a claim is valid, relies on the agency Risk Coordinator to assist them in the investigation. Risk Management may require additional information other than the initial incident report and claim report. Information request(s) by Risk Management must be responded to within four (4) weeks of date of the request by the agency. If it is determined that an agency has not responded or is not acting in good faith to assist State Risk Management, Risk Management reserves the right to make a determination on the information received which could result in the approval of a claim when it might not otherwise be. In that case, Risk Management will pay the claim and invoice the full amount back to the responsible agency. The Risk Management Administrator reserves the right to waive this requirement for good cause.

(6)   Safety standards for other covered entities entitled to services from the Risk Management Program. To meet eligibility criteria for approval and participation under the State Risk Management Program, drivers and vehicles shall meet or exceed the following requirements;

(A)   Drivers of fire apparatus shall have a valid drivers license to drive the vehicle.

(B)   There shall be documentation of the drivers license for any individual who drives or may be required to drive a vehicle.

(C)   Drivers of fire apparatus must be thoroughly trained and the training documented.

(D)   Each other covered entity shall have a written policy that sets forth speed limits for its vehicles on emergency runs.

(E)   All emergency vehicles shall be provided with audible and visible warning devices. These devices shall be kept in proper working order and utilized without fail on emergency runs.

(F)   Wheel chocks must be used for rear wheels while using any aerial ladder apparatus to help prevent the apparatus from slipping.

(G)   There shall be a preventive maintenance program in place to ensure that all emergency vehicles are maintained in a safe condition. This list is not meant to be a complete listing, but only a guide. The following items are suggested safety areas that should be checked:

(i)   Visible and audible signals

(ii)   Lighting system.

(iii)   Tires.

(iv)   Steering

(v)   Brake system air tanks.

(vi)   Brake fluid.

(vii)   Windshield wipers.

(viii)   Rear view mirrors.

(H)   Applications of risk management coverage, pursuant to Section 85.58A of Title 74, are subject to review by the Administrator. The review may include a physical inspection of the vehicles and related records.

(I)   Other covered entities are subject to random safety and loss prevention inspections of equipment for as long as they choose to participate in the State Risk Management Program.

(J)   Non-compliance with safety standards as required by the Administrator could result in a denial to participate in the program or cancellation of coverage.

[Source: Added at 31 Ok Reg 1467, eff 9-12-14; Amended at 33 Ok Reg 774, eff 8-25-16]