Chapter 123:6-1 Assignment of Vehicles

123:6-1-01 Definitions.

For purposes of this chapter:

(A) "Alternative Fuel" has the same meaning as in division (A) of section 125.831 of the Revised Code.

(B) "Annual Motor Vehicle Cost" has the same meaning as in division (O)(3)(a) of section 125.832 of the Revised Code.

(C) "Biodiesel" has the same meaning as in division (B) of section 125.831 of the Revised Code.

(D) "Blended biodiesel" has the same meaning as in division (C) of section 125.831 of the Revised Code.

(E) "Diesel Fuel" has the same meaning as in division (D) of section 125.831 of the Revised Code.

(F) "E85 Blend Fuel" has the same meaning as in division (E) of section 125.831 of the Revised Code.

(G) "Fuel Cost" has the same meaning as in division (O)(3)(b)of section 125.832 of the Revised Code.

(H) "Fleet" means the entire inventory of motor vehicles within the state agency.

(I) "Insurance Cost" has the same meaning as in division (O)(3)(c) of section 125.832 of the Revised Code.

(J) "Law Enforcement Officer" has the same meaning as in division (F) of section 125.831 of the Revised Code.

(K) "Motor Pool" means the vehicles a state agency has that are available to all qualified employees of that state agency.

(L) "Motor vehicle" has the same meaning as in divisions (G)(1) and (G)(2) of section 125.831 of the Revised Code of the Revised Code.

(M) "Operating Cost" has the same meaning as in division (O)(3)(d) of sections 125.832 of the Revised Code.

(N) "Reimbursement Rate" has the same meaning as in division (O)(3)(e) of section 125.832 of the Revised Code.

(O) "Specialized Equipment" has the same meaning as in division (H) of section 125.831 of the Revised Code.

(P) "State Agency" has the same meaning as in division (I) of section 125.831 of the Revised Code.

(Q) "State Institution of Higher Learning" has the same meaning as in division (H) of section 125.831 of the Revised Code.

Effective: 03/16/2009
R.C. 119.032 review dates: 03/16/2014
Promulgated Under: 119.03
Statutory Authority: 125.831 , 125.832 , 125.834 , 125.836
Rule Amplifies: 125.831 , 125.832 , 125.834 , 125.836

123:6-1-02 Assignment of vehicles.

(A) Each state agency shall limit the size of its fleet to a number that is necessary for efficient and effective business operations. In addition, each agency shall maximize the number of motor pool vehicles within its fleet.

(B) Each state agency shall make available its pool of motor vehicles to employees for necessary business related travel only.

(C) A state agency may not assign any state motor vehicle for long term regular work-related use, unless both of the following are met:

(1) The employee's regular work-related activities require frequent business travel; and

(2) The employee's work-related activities require motor vehicle travel that exceeds the established minimum number of annual business miles as determined by the Ohio department of administrative services, pursuant to division (O) of section 125.832 of the Revised Code.

(D) A state agency may not assign any state motor vehicle for long-term regular commuting, unless no vehicle is available in the agency's pool of motor vehicles and any of the following are met:

(1) The state agency requires that an employee be "on-call" twenty-four hours a day for each of the seven days of the week, in order to meet non-business hours emergency, security or public communications needs; or

(2) The state employee is required to use specialized equipment that can not be attached to an employee personal vehicle or would impractical to be transported in an employee's personal vehicle; or

(3) The employee is required to travel to and from various work locations throughout the state and meets the requirements of paragraphs (E)(1) and (E)(2) of this rule.

(E) The director of administrative services shall approve all assignments of motor vehicles. Each state agency shall provide the director all necessary information regarding a request to assign a vehicle to an agency employee. The state agency shall provide the necessary information prior to assignment and on a form and in a format prescribed by the director.

(F) Failure to maintain current and accurate employee assignment information may result in the department of administrative services revoking all or part of the authority delegated to an agency pursuant to division (G) of section 125.832 of the Revised Code.

(G) The department of administrative services may revoke the authority delegated to the agency pursuant to division (G) of section 125.832 of the Revised Code at any time when an agency substantially deviates from the policies and procedures as set forth by the department or fails to provide information as requested by the department.

Replaces: 123:6-1-01

Effective: 03/16/2009
R.C. 119.032 review dates: 03/16/2014
Promulgated Under: 119.03
Statutory Authority: 125.832
Rule Amplifies: 125.832
Prior Effective Dates: 8/01/2006

123:6-1-03 Mileage reimbursement payments.

(A) A state agency shall not provide mileage reimbursement to an agency employee using the employee's own vehicle, for any mileage the employee incurs that exceeds the amount of miles in which the use of state motor vehicle is more cost effective than the reimbursement of mileage for the employee's use of the employee's own vehicle, unless all of the following are met:

(1) The state agency has exhausted all reasonable transportation alternatives and the excess mileage incurred by the agency employee are unavoidable;

(2) The state agency provides all necessary information to the director of the department of administrative services detailing the circumstances in which the employee's excess mileage was unavoidable;

(3) The director approves the mileage reimbursement request based on the above-referenced unavoidable circumstances; and

(4) The state agency has provided the department of administrative services with the agency's completed annual fleet plan, in a time frame and format prescribed by the director.

(B) If the department of administrative services determines that a state agency authorizes mileage reimbursement to an agency employee in violation of this rule, the department may revoke the authority delegated to the agency pursuant to division (G) of section 125.832 of the Revised Code. In addition, the department shall report the violation to the office of the governor.

Replaces: 123:6-1-02

R.C. 119.032 review dates: 03/12/2014 and 03/12/2019
Promulgated Under: 119.03
Statutory Authority: 125.832
Rule Amplifies: 125.832
Prior Effective Dates: 3/16/2009

123:6-1-04 Delegation of authority of fleet management.

(A) The department of administrative services shall manage the fleet of a state agency, including the day-to-day operations of the state agency's fleet, unless the department delegates that management to the state agency. If the department manages a state agency's fleet, whether full or partial, requiring the department to provide services other than those provided to the agency as part of the department's annual fleet administration rate, the department shall determine an additional reasonable fee to provide such additional management services, and the state agency shall timely reimburse the department that fee.

(B) The department of administrative services may fully delegate the management of a state agency's fleet to that agency if the agency does all of the following:

(1) Employs a fleet manager, certified pursuant to rule 123:6-1-06 of the Administrative Code, to manage the state agency fleet.

(2) Demonstrates, to the satisfaction of the department, the ability to use the fleet management information system, required under division (C) of section 125.832 of the Revised Code, and to generate comprehensive reports from fleet management information system on a timely basis.

(3) Demonstrates, to the satisfaction of the department, the ability to use the fleet credit card system, pursuant to rule 123:6-1-08 of the Administrative Code, and to generate reports from the fleet credit card system on a timely basis.

(4) Demonstrates, to the satisfaction of the department, the ability to enter bulk-fueling data required pursuant to rule 123:6-1-08 of the Administrative Code into the fleet management information system on a timely basis.

(5) Demonstrates, to the satisfaction of the department, the ability to analyze regularly motor vehicle cost per mile and miles per gallon data requested by the department, and properly apply that information to manage the agency's fleet.

(6) Demonstrates, to the satisfaction of the department, the ability to analyze regularly motor vehicle mileage reimbursements requested by the department.

(7) Demonstrates, to the satisfaction of the department, the ability to develop and submit an approved comprehensive fleet plan and to provide the comprehensive plan on a timely basis.

(8) Demonstrates, to the satisfaction of the department, adequate processes and procedures to ensure fleet management reporting and fiscal integrity for the administration of an on-site maintenance facility, if applicable.

(9) Demonstrates, to the satisfaction of the department, that the agency has an individual that can assume, and keep current, the duties of the agency's certified fleet manager in case of a temporary absence of the fleet manager.

(C) If the department of administrative services determines that a state agency demonstrated compliance with the requirements set forth in paragraph (B) of this rule, and decides to delegate the department authority to manage that agency's fleet to that agency, the department shall provide the state agency with a written delegation of authority. The department's delegation shall be for a period of not more than three years unless the department determines that the agency should lose such delegation pursuant to rule 123:6-1-05 of the administrative code.

(D)

(A) If the department of administrative services determines that a state agency has not demonstrated compliance with all of the requirements set forth in paragraph (B) of this rule, the department may grant a partial delegation of the department's authority to manage the state agency's fleet to that agency, or decide to manage fully the state agency's fleet, the department shall do the following:

(1) Ensure that the state agency has either a fleet manager certified pursuant to rule 123:-6-1-05 of the Administrative Code, or has a fleet manager provisionally certified pursuant to rule 123:-6-1-05 of the administrative code.

(2) Inform the state agency of the requirements set forth in paragraph (B) of this rule, in which the agency was deficient, and require the agency to provide a work plan detailing specific goals, tasks and time lines that will allow the state agency to receive full delegation of authority from the department.

(3) Determine a reasonable fee, if any, for any management functions provided by the department in managing the agency's fleet, as provided in paragraph (A) of this rule.

(E) If the department determines to manage fully the state agency's fleet, the department shall do the following:

(1) Inform the state agency, in writing, of those requirements set forth in paragraph (B) of this rule, in which the agency was deficient, and require the agency to provide a work plan detailing specific goals, tasks and time lines that will allow the state agency to receive a delegation of authority from the department.

(2) Determine a reasonable fee, if any, for the management functions provided by the department in managing the agency's fleet.

R.C. 119.032 review dates: 03/12/2014 and 03/12/2019
Promulgated Under: 119.03
Statutory Authority: 125.832
Rule Amplifies: 125.832
Prior Effective Dates: 3/16/2009

123:6-1-05 Withdrawal of delegation of authority to manage fleet.

(A) The department of administrative services may withdraw the department's delegation of authority to manage a state agency's fleet to that agency, pursuant to rule 123:6-1-06 of the Administrative Code, if the department determines that the agency no longer demonstrates or complies with the delegation requirements set forth in paragraph (B) of rule 123:6-1-04 of the Administrative Code. The department may also withdraw the department's delegation of authority to manage a state agency's fleet to that agency if that agency fails to submit all reports required for the department's fleet reporting system in a timely fashion, or for any other reason the department deems appropriate. If the department decides to withdraw the department's delegation of authority to manage a state agency's fleet to that agency, the department shall do the following:

(1) Provide the state agency, in writing, the reasons for the withdrawal of the department's delegation of authority and that the department will manage the agencies fleet, pursuant to division (G)(2) of section 125.832 of the Revised Code, and this rule.

(2) Provide the state agency a written description of the responsibilities of each party during that time the department provides management for the agency's fleet. The written description shall include the department's determination of reasonable fees, if any, that the department will assess the agency for the department's management of the agency's fleet.

(B) In order to regain authority to manage the agency's fleet, the state agency shall create a corrective work plan that addresses the deficiencies listed by the department pursuant to paragraph (A) of this rule. The work plan shall include specific goals, tasks and timelines that will allow the state agency to regain delegation of authority.

R.C. 119.032 review dates: 03/12/2014 and 03/12/2019
Promulgated Under: 119.03
Statutory Authority: 125.832
Rule Amplifies: 125.832
Prior Effective Dates: 3/16/2009

123:6-1-06 Fleet manager certification program.

(A) The department of administrative services shall certify an individual as a certified fleet manager, for purposes of sections 125.83 to 123.836 of the Revised Code and this chapter, provided the individual meets all of the following:

(1) The individual is an employee of state agency and has been designated by the agency as the agency's fleet manager responsible for overseeing the operation of that state agency's fleet.

(2) The individual successfully completes the department's certification program as described in paragraph (B) of this rule.

(B) The department of administrative services shall establish a program to certify fleet mangers for purposes of sections 125.83 to 123.836 of the Revised Code and this chapter. The certification program shall include the following:

(1) A course of instruction and testing as described in paragraph (C) of this rule.

(2) Department instruction.

(3) Any other course of instruction the department deems appropriate.

(C) The certification course of instruction described in paragraph (B)(1) of this rule shall include instruction and testing in the disciplines outlined in the department's fleet manager training manual. An applicant must receive a passing score in each course of the required disciplines to complete successfully the course instruction portion of the certification program.

(D) To maintain certification, a fleet manager must comply with any continuing education requirements prescribed by the department of administrative services. In addition, the fleet manager shall perform the duties of a fleet manager in a professional manner, as determined by the department, including providing timely information to the department. Finally, the fleet manager must adhere to all provisions concerning fleet management as required in the Revised Code and the Administrative Code in order to maintain certification.

R.C. 119.032 review dates: 03/12/2014 and 03/12/2019
Promulgated Under: 119.03
Statutory Authority: 125.832
Rule Amplifies: 125.832
Prior Effective Dates: 3/16/2009

123:6-1-07 Provisional fleet manager certification.

(A) The department of administrative services may provisionally certify an individual as a certified fleet manager, for purposes of sections 125.83 to 123.836 of the Revised Code and this chapter, provided the individual meets all of the following:

(1) The individual is an employee of state agency and has been designated by the agency as the agency's fleet manager responsible for overseeing the operation of that state agency's fleet.

(2) The individual is enrolled in the fleet manager certification program, pursuant to paragraph (B) of rule 123:6-1-06 of the Administrative Code.

(3) The individual is demonstrating progress, as determined by the department, in completing the certification program, pursuant to paragraph (B) of 123:6-1-06 of the Administrative Code.

(B) The department of administrative services may provisionally certify an individual as a fleet manager, pursuant to this rule, for a period of not more than three years.

R.C. 119.032 review dates: 03/12/2014 and 03/12/2019
Promulgated Under: 119.03
Statutory Authority: 125.832
Rule Amplifies: 125.832
Prior Effective Dates: 3/16/2009

123:6-1-08 Fuel card purchases: bulk fuel purchases.

(A) All state employees operating a state motor vehicle shall use the state fleet purchasing credit card to purchase the following items for those vehicles:

(1) All fuel purchased from a retail vendor approved by the department of administrative services, including any department designated preferred retail vendor.

(2) All service related items approved by the department of administrative services.

(3) All maintenance related items approved by the department of administrative services.

(4) All fuel purchased from a state operated fuel site that is equipped with a device that is capable of reading the state fleet purchasing credit card. The department may grant exceptions to the above requirement provided the employee demonstrates that an emergency existed making it impossible for the employee to use the state fleet purchasing credit card.

(B) Each state agency having a motor pool shall process all payments to the state fleet purchasing credit card vendor by the electronic means specified by the department of administrative services, or by any other method approved by the department of administrative services.

(C) All state employees purchasing fuel from a fueling site that is not equipped with a reader that is capable of reading the state fleet purchasing credit card shall provide the following information about that purchase for monthly entry into the department's fleet management information system, established pursuant to division (C) of section 125.832 of the Revised Code:

(1) Date of purchase.

(2) Location of purchase.

(3) Type of fuel purchased.

(4) Quantity of fuel purchased.

(5) Mileage of the vehicle, at time of purchase.

(6) Vehicle license plate number.

(7) Any other information the department deems necessary.

R.C. 119.032 review dates: 03/12/2014 and 03/12/2019
Promulgated Under: 119.03
Statutory Authority: 125.832
Rule Amplifies: 125.832
Prior Effective Dates: 3/16/2009

123:6-1-09 Appropriate vehicles.

(A) The department of administrative services shall review each request from a state agency to procure a state vehicle to determine whether the vehicle requested is the most appropriate vehicle for intended use.

(B) Each state agency shall provide the department of administrative services the following information in the department before a vehicle is procured for that agency's fleet:

(1) The model and type of the requested vehicle.

(2) A general description of the intended use of the vehicle requested.

(3) If a passenger vehicle, the number of individuals normally transported in the vehicle in the normal course of business.

(4) If a vehicle used for purposes other than transporting passengers, a detailed description of the normal type of use for that vehicle.

(5) Any other information the department deems necessary.

(C) Upon receiving the information required in paragraph (B) of this rule, the department of administrative services shall determine whether the requested vehicle is the most appropriate vehicle to procure for the stated intended use. If the department determines the requested vehicle is not the most appropriate vehicle to procure based on the intended use of that vehicle, the department shall inform the state agency, in writing, of the department's decision and provide the state agency with a list of vehicles that are appropriate for procurement, based on the intended use of that vehicle.

R.C. 119.032 review dates: 03/12/2014 and 03/12/2019
Promulgated Under: 119.03
Statutory Authority: 125.832
Rule Amplifies: 125.832
Prior Effective Dates: 3/16/2009

123:6-1-10 Cost limitations: vehicles; alternative fuels.

(A) The department of administrative services or a state agency shall procure only vehicles capable of using alternative fuels unless any of the following conditions apply:

(1) The acquisition cost of an appropriate alternative fuel vehicle, as defined in rule 123:6-1-09 of the Administrative Code, exceeds by twenty per cent or more, the acquisition cost of an appropriate vehicle that is not equipped to use alternative fuel.

(2) The life cycle cost of an appropriate alternative fuel vehicle, as defined in rule 123:6-1-09 of the Administrative Code, exceeds by twenty-five per cent or more, the cost to acquire and operate an appropriate vehicle that is not equipped to use alternative fuel.

(3) An emergency or exigent condition exists that makes the acquisition of alternative fuel vehicles impractical or impossible. Such conditions include, but are not limited, to state or federal declared disasters or emergencies.

(4) A vehicle capable of using alternative fuels that the department or state agency is considering for purchase exceeds the fuel emissions standards established by the United States environmental protection agency by ten per cent for that class of automobile.

(5) A vehicle capable of using alternative fuels that the department or state agency is considering for purchase under performs the mileage per gallon average for that class automobile by ten per cent as established by the United States environmental protection agency.

(B) Each agency fleet manager shall provide each driver of a state vehicle, information concerning locations of stations providing alternative fuels. In addition, each agency fleet manager shall assist each driver of a state vehicle capable of using alternative fuels with route plans, if applicable, that may assist the driver to purchase alternative fuels.

(C) A driver of a state vehicle capable of using alternative fuels shall purchase alternative fuels for that vehicle unless the any of following conditions apply:

(1) The driver must travel more than five miles round trip from the driver's planned route to refuel the vehicle at a station that offers alternative fuel.

(2) The driver must travel more than five miles round trip from a conventional fuel station to refuel the vehicle at a station that offers alternative fuel.

(3) The cost of the alternative fuel is more than ten percent greater than the cost of conventional gasoline or conventional diesel fuel.

R.C. 119.032 review dates: 03/12/2014 and 03/12/2019
Promulgated Under: 119.03
Statutory Authority: 125.834
Rule Amplifies: 125.834
Prior Effective Dates: 3/16/2009