UCR Policies and Procedures

Currently Under Review

Campus Policy Number: 650-19

Employees Public Driving Record - DMV Pull Notice System

Policy Owner: Transportation and Parking Services

Effective Date: 09/15/1994

Revision Date: 07/01/2011

Following are the legal requirements and campus procedures for the California Commercial Motor Vehicle Safety Act of 1988. Please note that record keeping and maintenance procedures have been changed concerning non-commercial vehicles.

California Highway Patrol Safety Compliance Requirements
1. The California Highway Patrol does not require drivers of non-commercial vehicles to complete a "Driver's Vehicle Condition and Trip Report."
  Non-commercial vehicles include cars and vans with a seating capacity, including the driver, of less than ten persons; trucks with an unladen weight of 6,000 pounds or less; or any vehicle which may be operated with a class "C" (non-commercial) driver's license.
  
  Note: The number of actual passengers in a vehicle is irrelevant. The vehicle's seating capacity determines its status as commercial or non-commercial.
2. Drivers of vans with a seating capacity of ten, but less than sixteen persons including the driver, are required to complete Attachment A, "Driver's Vehicle Condition and Trip Report," each time the vehicle is driven. Departments are required to maintain this information for six months.
3. Drivers of farm labor vehicles and vehicles with a capacity of 16 or more passengers must complete Attachment A each time the vehicle is driven. In addition, vehicle inspection and maintenance reports must be completed for these vehicles every 90 days and maintained by the department for 24 months. Attachment B should be used to maintain this information.
4. A record of the different types of vehicles and vehicle combinations each driver is operating shall be maintained by the home department. Attachment C, "Driver Proficiency and Authorized Vehicles," is provided for use in documenting this information. Record retention for this information is for the period of time the employee is functioning as a driver.
Public Driving Record Requirements
1. The Motor Vehicle Safety Act requires employers of drivers of certain types of vehicles to obtain reports of the drivers' public driving records from the Department of Motor Vehicles. A public driving record includes incidents occurring while driving on and off the employer's business. Under section 1808.1 (e) of the Vehicle Code, there are criminal penalties for employing, or continuing to employ as a driver, a person who has had a disqualifying action taken against his/her license or certificate.
2. As of July 1, 1991, notice of an employee's inclusion in the "pull notice system" is to be provided to the employee by the hiring department with a copy to Human Resources. This notice advises the employee of the requirements of this mandate as well as his/her responsibilities. A sample letter for employee notice is attached and should be provided at initial employment or at the time it is determined to include the employee in the "pull notice system" (Attachment D).
3. We suggest that departments regularly re-review the employees they designated for inclusion in the "pull notice system." The law includes employees who are hired as drivers or are assigned driving responsibilities on a regular basis (including, but not limited to, the classes listed on Attachment D) as well as any University employee who, in the course of employment, drives a vehicle requiring a special license or certificate. The law does not include employees who occasionally drive a University or personal vehicle, i.e., to attend a seminar, drive to the airport, drive to payroll/accounting, etc. If you feel an employee has been included in error, their name can be removed by submitting written notice to Human Resources.
  - Campus Department Procedures. Department managers shall identify open positions, both career and casual, for participation in the "pull notice system", and shall:
  - Advise the Employment unit via the Employee Requisition form that a current DMV record is required to apply for a position assigned driving responsibility on a regular basis;
  - Secure and review an applicant's DMV record prior to employment when the job duties of the position applied for are covered by this legislation;
  - Deny employment, promotion, or transfer to a person whose DMV record indicates he/she is considered "negligent" by the DMV;
  - Forward the original DMV report obtained from new hires to Human Resources with the PAF for processing;
  - Provide written notice to new employees that they have been included in the DMV "pull notice system"; and of their responsibility for maintaining their required license or certificate in good standing and keeping management informed of any change in status. A sample letter for employee notice is attached and should be provided at initial employment or at the time it is determined to include the employee in the "pull notice system" (Attachment D);
  - Upon receipt of a negative driving report, Human Resources will issue a warning notice to the employee, with a copies to the department manager and Labor Relations. Department managers will then, in consultation with Labor Relations and Human Resources, counsel employees who receive convictions of motor vehicle violations and apply appropriate discipline;
  - Notify Human Resources within five (5) working days of individuals who should be deleted from the "pull notice system" (transfers, terminations, etc.).
Compliance with the Motor Vehicle Safety Act is required by law and the University's records are inspected annually by the California Highway Patrol. Records maintained within departments should be kept current, complete, and available for random, periodic inspection by the CHP.