25 IAM 4: Motor Vehicle Safety

INDIAN AFFAIRS MANUAL

Part 25 Safety and Risk Management Program

Chapter 4 Motor Vehicle Safety Program Page 1

#20-55, Issued:

Replaces 25 IAM 5, #8, Issued: 7/14/04

1.1 Purpose. This chapter documents Indian Affairs’ (IA) Motor Vehicle Safety Program

policy in order to facilitate the safe operation of a motor vehicle while in the performance

of the employee’s duties, and the issuance of Motor Vehicle Authorization Card(s)

pursuant to existing policies and procedures.

1.2 Scope. This policy applies to all employees under the authority of the Assistant Secretary -

Indian Affairs (AS-IA), including offices reporting to the AS-IA, the Bureau of Indian

Affairs (BIA), and the Bureau of Indian Education (BIE), who are required to operate a

Government-owned or leased motor vehicle, or to operate their personal vehicle as part of

their official duties or while on Federal Government business.

1.3 Policy. It is the policy of IA to restrict motor vehicle operations to qualified and authorized

persons. Full-time operators and incidental operators must also have in their possession a

valid state driver's license, and be in full compliance with IA’s Motor Vehicle Safety

Program policy and procedure(s).

1.4 Authority.

A. Statutes and Regulations.

1) P.L. 101-194, Ethics Reform Act of 1989

2) 40 U.S.C. Chapter 1 § 101 et seq., Federal Property and Administrative Services Act

of 1949, as amended

3) 40 U.S.C. § 606, Regulations related to operation

4) 41 CFR 101-38.3, Official Use of Government Motor Vehicles

5) 41 CFR 102-5, Home-to-Work Transportation

6) 41 CFR 102-34, Motor Vehicle Management

7) 49 CFR §§ 350-399, Federal Motor Carrier Safety Regulations

B. Guidance.

1) Executive Order 13513, Federal Leadership on Reducing Text Messaging While

Driving, October 1, 2009

2) 412 Departmental Manual (DM) 1: General Program Policies

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3) 485 DM 16: Motor Vehicle Safety

4) General Services Administration (GSA) Federal Management Regulation (FMR)

Bulletin B-2: Wireless Phone Use in U.S. Government Vehicles

5) GSA FMR Bulletin B-3: Use of Tobacco Products in U.S. Government Vehicles

C. Handbooks.

1) 25 IAM H: Safety and Health Handbook for Field Operations, current version

2) Department of the Interior (DOI) Motor Vehicle Management Handbook, April 2019

1.5 Responsibilities.

A. AS-IA is responsible for ensuring that appropriate safety programs are in place and

that measures are taken to comply with all applicable Departmental and IA policies

and requirements.

B. Deputy Assistant Secretary – Management (DAS-M) provides oversight to the

Office of Facilities, Property and Safety Management (OFPSM) and ensures the

Safety and Risk Management Program is implemented in compliance with all

applicable laws, rules, policies, and procedures. DAS-M ensures that the offices

directly involved in Safety and Risk Management have the applicable resources,

procedures, and other tools necessary to adequately fulfill their responsibilities.

C. Directors and Deputy Directors, BIA and BIE are responsible for ensuring that

employees comply with all applicable requirements of the Motor Vehicle Safety

Program.

D. Deputy Bureau Director (DBD), Office of Justice Services (OJS) is responsible for

conducting their own review of an applicant’s driving record from the appropriate

state motor vehicle office(s), documenting any conflicts or concerns with respect to an

employee's driving qualifications, and completing eligibility and authorization

requirements.

E. Director, OFPSM reports to the DAS-M and is responsible for oversight, policy, and

procedures governing IA facilities management and construction, property, safety, and

risk management, including the administration and management of the Safety and Risk

Management Motor Vehicle Safety Program.

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F. Director, IA Office of Human Capital Management (OHCM) is responsible for

ensuring applicants for employment meet all requirements if the vacant position

requires the incumbent to operate a Government-owned, leased, rented, or personal

vehicle in the performance of their duties. Additionally, the OHCM must ensure that

each position description includes a statement concerning the requirement to operate a

motor vehicle, occasionally operate a motor vehicle, or to not operate a motor vehicle

in the performance of his/her duties.

G. Chief, Division of Safety and Risk Management (DSRM) is responsible for:

oversight, policy, procedures, administration, and management of the Motor Vehicle

Safety Program. This includes administering the program for Central Office

Headquarters programs in Albuquerque, NM; Boise, ID (National Interagency Fire

Center); Lakewood, CO (Division of Energy and Mineral Development and Division

of Water and Power); Reston, VA; and Washington, D.C.

H. Regional Safety Managers are responsible for all BIA regional programs within the

servicing region.

I. BIE Safety Program Manager is responsible for all BIE programs.

J. Supervisors are responsible for the designation of those positions that require the

operation of Government-owned, leased, rented, or personal vehicles as a requirement

of the position description, and that qualified full-time operators and incidental

operators be in full compliance with the requirements of this policy.

K. Motor Vehicle Operators using Government-owned, leased, rented, or personal

vehicles when on official Government business must:

1) have in their possession a valid state driver's license, a valid government

identification badge, and must adhere to the established IA Motor Vehicle Safety

Program policy;

2) operate motor vehicles in a safe and prudent manner, and exercise a reasonable

degree of care, skill, and judgement in the performance of their duties;

3) refrain from the use of cellphones and smartphones while the vehicle is in motion;

4) ensure that all vehicle occupants wear safety belts;

5) ensure that all vehicle occupants refrain from the use of tobacco products while in

IA provided vehicles; and

6) notify his/her supervisor of any physical condition that may affect their ability to

operate the vehicle safety.

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1.6 Definitions.

A. Commercial Motor Vehicle is a vehicle having a GVWR of 26,001 or more pounds,

a vehicle towing a trailer weighing 10,000 pounds or more, a vehicle hauling

hazardous material which requires display signs noting the hazardous material content

of the vehicle, a vehicle designed to transport 16 or more people, including the driver,

or a school bus. Operators of these vehicles must have a valid Commercial Driver’s

License (CDL).

B. Commercial Operator is an employee who operates a commercial vehicle and is

required by the state (where operated) or as a condition of employment to possess a

CDL.

C. Employee means all permanent, temporary, intermittent, and contract employees;

interns; student teachers; volunteers; and administratively determined (AD) emergency

workers as defined in 5 U.S.C. 2105.

D. Full-time operator is any employee who is regularly required to operate a motor

vehicle that is inherent in the performance of their duties and is occupying a position

officially classified as a motor vehicle operator. Employees are required to have a

valid state driver’s license and a valid IA Motor Vehicle Operators Authorization card

in their possession at all times while driving on official business.

E. Incidental operator is any employee who is required to operate a motor vehicle in

order to properly carry out his/her assigned duties but whose principal duties are not

operating a motor vehicle and his/her position is not classified as a motor vehicle

operator.

F. Motor Vehicle is a Government-owned, leased, or rented motor vehicle and/or

privately owned, leased, or rented motor vehicle, with a gross vehicle weight rating

(GVWR) of less than 26,000 pounds, designed to transport up to 16 people (including

the driver), and which does not haul hazardous materials or tow vehicles with a GVW

of 10,000 pounds or more [e.g. sedans, light trucks, Sports Utility Vehicles (SUVs),

All Terrain Vehicles (ATVs), and Utility Terrain Vehicles (UTV’s)].

1.7 Standards, Requirements, and Procedures.

A. Special Requirements for Operation of Commercial Motor Vehicles

In addition to established policy governing issuance of a Motor Vehicle Authorization

Card, IA employees who drive commercial motor vehicles (having either a GVWR of

26,001 or more pounds, towing a vehicle with a 10,000 pound or more GVWR, hauling

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hazardous material requiring the vehicle to display the required signage and

notifications, or operating a vehicle designed to transport more than 16 people including

the driver) must:

1) Have a valid CDL medical card or certificate if required by the state of domicile or

location of employment.

2) Notify their supervisor if convicted of any traffic violation other than illegal

parking.

3) Possess only one CDL, not be prohibited from holding a CDL in any state, and must

be at least 21 years old.

B. Identification of Authorized Operators

Authorization to operate specialized equipment (i.e., 4x4 vehicles, dump trucks, front-

end loaders, dozers, forklifts, backhoes, skid-steer equipment, snowmobiles, ATVs,

UTVs, etc.) must be noted in the Official Personnel File or maintained by the applicable

supervisor.

C. Special Requirements for Transporting School-Age Children

Drivers who transport school-age children must be licensed in accordance with

regulations administered by the Federal Highway Administration and the states wherein

the children are transported. Supervisors are responsible for ensuring drivers comply

with all applicable requirements set forth by the Federal Highway Administration and

respective state(s).

D. Federal, State, Local, and Agency Requirements for Operating a Government

Vehicle

It is important that the employee understand the requirements and restrictions for

operating a Government-owned or leased motor vehicle.

1) All motor vehicle operators using Government-owned or leased motor vehicles

must comply with Federal requirements for operating a government vehicle.

2) Federal law requires all vehicle occupants wear safety belts.

3) The Executive Order issued October 1, 2009, prohibits text messaging while the

vehicle is in motion. Certain state and local jurisdictions prohibit the use of

mobile communication devices (to include cellphone, smartphone, texting) while

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the Government-owned or leased motor vehicle or personal vehicle is in motion.

IA prohibits the use of cellphones and smartphones while the Government-owned

or leased motor vehicle is in motion.

4) GSA prohibits the use of tobacco products in GSA fleet vehicles. Agencies are

encouraged to prohibit the use of tobacco products in motor vehicles owned or

leased by the Agency.

5) All vehicle occupants must not consume alcohol or use prohibited substances or

prescription medicines (if operation of a motor vehicle is prohibited pursuant to

the Food and Drug Administration (FDA) or manufacturer’s instructions) while in

a Government-owned or leased motor vehicle.

E. Use of Privately Owned Vehicles (POV) for Official Business

When an employee is authorized (Approved Travel Authorization) to use a POV to

conduct official business, the authorization must be in writing and the head of the

bureau or office must also consent to liability for the damages. Otherwise, use of the

personal vehicle will be at the risk of the employee and no payment will be authorized.

Reimbursement for the use of the POV is on a cost-per-mile basis.

F. Driving Limitations

1) Maximum Driving Time Restriction: Employees will not exceed eight hours of

driving time (behind the wheel), to include use of specialized equipment, during a

16-hour duty period.

2) Rest Requirement: At least eight consecutive hours of rest, without duty, are

required prior to each duty period requiring driving. Breaks of 15 minutes are

recommended every two hours when driving continuously.

3) Managers or employees may place further limitations on the above hours of duty

or driving time due to hazard factors (e.g., fatigue, weather, poor road conditions,

distance, illness, driving hours between 10 p.m. and 5:00 a.m, etc.).

G. Authorization Procedures

1) All full-time operators must annually submit to their supervisor GSA Form 3607,

Motor Vehicle Operator's License and Driving Record, for renewal. In completing

the form, individuals will provide a response to all questions (Section II) and

certify that their statements are true and correct to the best of their knowledge

(Section III). This form can be found on the GSA webpage here:

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https://www.gsa.gov/forms-library/motor-vehicle-operators-license-and-driving-

record.

2) Supervisors will review the GSA Form 3607 for accuracy and completeness,

complete and sign Section IV - Supervisory Review, and forward it to the

appropriate Safety Office.

3) The designated Safety Office will review the submitted form and request a copy

of the applicant's driving record from the appropriate state motor vehicle office(s),

document any conflicts or concerns with respect to an employee's driving

qualifications, and return GSA Form 3607 with certification to the supervisor

after processing.

4) Upon a receipt of a favorable review of the driving record, the designated Safety

Officer for the assigned duty station(s) will complete Section V - Certification of

Eligibility and Authorization, sign and date, certifying that the individual meets

IA driver qualifications.

5) With the Safety Officer’s certification, the supervisor may issue an IA Motor

Vehicle Operator Authorization Card. The card will be issued for a period of five

years. Operator Authorization Cards are available from the servicing Safety

Office and are also located on the IA Online Forms webpage here:

https://www.bia.gov/policy-forms/online-forms

6) If the Safety Officer's report indicates that the applicant is not qualified, the

supervisor will not issue, or will revoke, a Motor Vehicle Operator Authorization

Card. Supervisors are reminded that they may be personally liable if they

authorize an employee to operate a motor vehicle on Federal Government

business if an employee is determined not to be qualified by virtue of failing to

meet qualification standards.

7) All incidental operators must annually submit to their supervisor the IA Annual

Incidental Motor Vehicle Operator’s Certification. This form can be found on the

IA Online Forms webpage here: https://www.bia.gov/policy-forms/online-forms

In completing the form, incidental operators will certify that their statements are

true and correct to the best of their knowledge. The supervisor must submit a copy

to the servicing Safety Office within ten (10) business days.

H. Periodic Medical Evaluation

CDL operators must demonstrate they are medically qualified to operate the vehicle

safely. Employees with a CDL must meet the requirements of their position

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description. Documentation of medical qualifications will be maintained by individual

employees. Supervisors are responsible to ensure that CDL operators maintain a valid

certification. When there is any question as to any driver’s ability to perform these

tasks, the employee must be referred for a medical examination. Supervisors should

refer to their Human Capital Management Office to accomplish this action.

I. Corrective Action

Unsafe drivers will not drive on official business. Any driver who has been involved in

two or more accidents in a 12 month period while on official duty, or is careless, uses

poor judgment at the wheel, or has numerous driving violations, may have their IA

driving privileges suspended or revoked even though they possess a valid state driver’s

license. Immediate Supervisors will investigate and report to the next level of

supervision the circumstances and action taken in regard to the driving record of

subordinates, and notify the Human Capital Management office if driving privileges

will be revoked.

Supervisors are reminded that they may be personally liable if they authorize an

employee to operate a motor vehicle on Federal Government business even though an

employee is determined to be not qualified by virtue of failing to meet the

qualification standards. Employees will be denied authorization to operate a

Government vehicle and/or be subject to disciplinary action as a result of the following

situations:

1) Leaving the scene of an accident.

2) Operating a vehicle under the influence of alcohol and/or drugs.

3) Revocation or suspension of an employee’s state license.

4) Recurring traffic or safety violations.

5) Physical or mental impairments, pursuant to 5 CFR 930.113f.

6) Operating a vehicle in a reckless manner.

7) Driving without a seat belt or allowing passengers to ride without a seat belt.

8) A report from the state that reflects the above situations or that may contain

additional information indicating a review of the license application.

J. Penalties

Employees must be informed of the potential penalties (see 49 CFR 383 and 391) for

failure to operate motor vehicles in a safe and lawful manner.

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K. Driver Training Requirements

1) All full-time operators must successfully complete a defensive driving course

within three months of his/her official start date, and refresher driver training

every three years. The GSA online defensive driving course content meets the

intent of this training. The course can be found here:

https://www.gsa.gov/acquisition/products-services/transportation-logistics-

services/vehicle-leasing/national-safety-program/online-driver-safety-offerings

2) All employees are encouraged to refresh their safety awareness in the operation of

motor vehicles by undertaking the course of instruction.

3) Training requirements for specialized equipment such as ATVs, UTVs, dozers,

loaders, graders, etc., are contained in the BIA Safety and Risk Management

Handbook, Topic 4, Motor Vehicle and Equipment Safety, and Topic 5, Heavy

Equipment.

1.8 Reports and Forms.

The Motor Vehicle Operator Report must be submitted by the Regional Safety Manager

and the BIE Safety Program Manager to the DSRM no later than the 10

day of each

month. The report is submitted for the previous month activities. The report template can

be located on the IA Online Forms webpage here: https://www.bia.gov/policy-

forms/online-forms

Approval

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