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Driving Record Policy

Use of Driving Records in Evaluating Candidates for Employment

Issued May 19, 2014

Policy/Procedure Number 2.13

1. PURPOSE

The purpose of this Policy is to guide the Authority in evaluating the driving record information of qualified prospective candidates for employment in positions that require the incumbent to operate an Authority vehicle or any vehicle on Authority business.

2. SCOPE

This Policy applies to individuals who are candidates for employment, on or after May 19, 2014, in positions that require the incumbent to operate a revenue generating Authority vehicle, a non-revenue generating Authority vehicle, or to operate any vehicle on Authority business.

3. DEFINITIONS

At-Fault Accident

An "At-Fault Accident" refers to any motor vehicle accident where the licensee was determined by a court, state agency and/or insurance company to be more than 50% atfault for causing the accident.

Authority Vehicle

An "Authority Vehicle" includes, but is not limited to, Authority buses, light rail and heavy rail or trams, trucks, cars, sport utility vehicles, hi-rail equipment, construction equipment, vans and forklifts, and vehicles in the motor pool. Authority vehicles also include vendor's vehicles to the extent that they may be operated by Authority employees.

Automobile Law Violation

The term "Automobile Law Violation" shall be synonymous in meaning and equal in scope to the definition contained in M.G.L. c. 90C, §1.  This term encompasses any convictions, findings of responsibility, guilty pleas, and/or admissions to sufficient facts, including a continuance without a finding ("CWOF"), for both criminal and civil motor vehicle violations.  It does not include a violation of any rule, regulation, order, ordinance or by-law regulating the parking of motor vehicles.

Major Traffic Law Violation

The term "Major Traffic Law Violation" shall refer to any convictions, findings of responsibility, guilty pleas, and/or admissions to sufficient facts, including a continuance without a finding ("CWOF"), for each of the major traffic law violations listed in Appendix A, at 211 CMR 92, including, but not limited to, driving to endanger or reckless driving, operating under the influence of liquor or narcotics, operating after revocation of license and vehicular homicide.

Non-Renewable Status of License

"Non-Renewable Status" means that a driver's license is not eligible for renewal because the licensee is in violation of an applicable rule, regulation and/or policy governing the renewal of driver's licenses in the jurisdiction where the license was issued.

Non-Revenue Vehicle Operator

A "Non-Revenue Vehicle Operator" is an Authority employee whose regular job responsibilities include operating a non-revenue generating Authority Vehicle. An employee is not a Non-Revenue Vehicle Operator if his or her job responsibilities include operating a revenue generating Authority Vehicle. Examples of Non-Revenue Vehicle Operators are listed in Schedule A below.

Occasional Driver

An employee is an "Occasional Driver" if his or her job responsibilities include operating, from time to time, on an irregular basis, a non-revenue generating Authority Vehicle.   An employee is not an Occasional Driver if his or her job responsibilities include operating a revenue generating Authority Vehicle.  An employee also is not an Occasional Driver if his or her regular job responsibilities include operating a non­ revenue generating Authority Vehicle.

Revenue Vehicle Operator

A "Revenue Vehicle Operator" is an Authority employee whose job responsibilities include operating a revenue generating Authority Vehicle.  Examples of Revenue Vehicle Operators are listed in Schedule A below.

4. POLICY

This Policy contains driving record standards for candidates for hire, on or after May 19, 2014, for Revenue Vehicle Operators, Non-Revenue Vehicle Operators or positions that require the incumbent to be an Occasional Driver.  The driving standards are different for each category of employment. See Section IV. B., C and D.

CONFIDENTIALITY

While personal information (such as addresses, social security numbers) in driving records is protected under the federal Driver Privacy Protection Act, driving histories are public records.

This policy has been approved by Beverly A. Scott, Ph.D.
General Manager and Rail & Transit Administrator

SCHEDULE A

Issued May 19, 2014

Policy/Procedure Number 2.13

Below are examples of Revenue Vehicle Operators and Non-Revenue Vehicle Operators.  Please note, the below list is not an exhaustive list of each category of employment.

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