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321 FW 1 |
FWM#: 447 (Supersedes 321 FW 1,
04/01/04, FWM 445) Date: April
30, 2004 Series: Vehicle and Equipment
Management Part 321: Motor Vehicle
and Equipment Operator Program Originating Office: Division of Contracting and
Facilities Management |
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1.1 What is the purpose of this chapter? This chapter establishes minimum
requirements for the operation of motor vehicles and motor equipment for the
Service.
1.2 To whom does this chapter
apply? This
chapter applies to all employees and volunteers who operate motor vehicles or
motor equipment and to managers/supervisors who are responsible for Service
motor vehicles and/or motor equipment. The operation of vessels and
aircraft are covered in Parts 323
and 332, respectively.
1.3 What authorities support this chapter and must be followed?
B. 43
U.S.C. 1471e.
C.
49 CFR 383.
D. 485 DM 16.
1.4 Who is responsible for management
of motor vehicles and motor equipment?
A. The
Assistant Director - Business Management and Operations establishes overall
policy and guidance for the proper and safe management of motor vehicles
throughout the Service and implements the requirements of this chapter in the
Washington Office.
B. Regional Directors/Manager,
California/Nevada Operations Office (CNO) must implement the requirements of this chapter
within their areas of responsibility.
C. Supervisors must ensure that employees and volunteers are qualified and
authorized to operate motor vehicles and motor equipment.
D. Employees and volunteers are responsible for obtaining proper
authorization and for operating vehicles in a manner consistent with these and
other Service and Federal guidelines.
1.5 What definitions apply to this chapter?
A.
Motor vehicle. Any vehicle, self-propelled or drawn by mechanical power,
that is designed to be principally operated on highways or to transport
property or passengers. The term includes sedans, station wagons, carryalls,
ambulances, buses, motorcycles, truck tractors and trucks including trucks with
specialized mounted equipment and truck chassis with special purpose bodies
(e.g., fire trucks, garbage trucks, etc.).
(1) Light-duty motor vehicle. Sedans, station wagons, light
pick-up trucks and vans with a capacity for 15 or fewer passengers and with a
gross vehicle weight of less than 11,793 kilograms (26,000 pounds).
(2) Commercial vehicle. A motor vehicle that is used to transport passengers
or property and (1) has a gross vehicle weight rating of 11,794 or more
kilograms (26,001 pounds or more), or (2) that is designed to carry 16 or more
passengers including the driver regardless of weight; or (3) is used to
transport any placarded hazardous material, regardless of size or weight.
B. Motor equipment. Any item of equipment that is
self-propelled or drawn by mechanical power or designed to be principally
operated off highways. The term includes construction and maintenance
equipment, materials handling equipment, and forestry and agriculture
equipment.
(1) Heavy duty
motor equipment. Equipment such as crawler dozers, crawler loaders,
four-wheel drive loaders, draglines, power excavators, motor cranes, farm
tractors (2 and 4 wheel drive and more than 20 engine horsepower), scraper
pans, motor graders (straights and articulating frame), amphibious/soft tracked
equipment (wheeled or tracked), industrial tractors (front-end
loader/backhoes), skid steers, forklifts, industrial powered lift trucks and
tractors with tracks such as Weasels or Thiokols.
(2) Light duty motor equipment. This category includes motorcycles,
all-terrain vehicles, riding lawn mowers, and other equipment manufactured
without a roll-over protective bar, as defined by 29
CFR 1926.1002.
C. Operator. A
Service employee or volunteer who is required to
operate motor vehicles or motor equipment.
(1) Full-time
operator of heavy-duty motor equipment. An employee or volunteer who
operates heavy-duty motor equipment on a regular or recurring basis and whose
operator duties are specifically mentioned in their position description or
Volunteer Services Agreement (FWS Form 3-2148).
(2)
Incidental operator. An employee or volunteer, other than a full-time
operator, who is required to operate motor vehicles or motor equipment in
support of his or her primary job function on an intermittent basis, usually
seasonally. The position description or Volunteer Services Agreement should
indicate that intermittent motor vehicle or motor equipment operation is
required.
(3) Commercial operator. An
employee or volunteer who operates a commercial motor vehicle.
Refer to 49 CFR 383 for
specific requirements and penalties.
1.6 What are the requirements for motor vehicle operator
programs?
Regional Directors/CNO Manager will ensure that all facilities
responsible for the operation of motor vehicles and equipment establish and/or
have in place procedures to:
A. Ensure that supervisors and operators meet the requirements of this
chapter and other applicable Service policies, such as 243 FW 1 through 5.
B. Restrict motor vehicle operations to qualified and authorized persons. Qualified means that, at a minimum, the operator (1) possesses a
valid State driver's license for the type of vehicle to be operated and (2)
meets the requirements of this chapter. Authorized
means that the vehicle operator has the approval of the supervisor responsible
for the vehicle.
C.
Provide funding for payment of the commercial driver’s
license fee for the employee if the license is a requirement of the employee’s position description.
D. Have
the driver's license revalidated by the State as required by the State’s license renewal requirements.
1.7 Who may operate motor
vehicles or equipment? All operators must be fully qualified and authorized by their supervisor
in accordance with this chapter before they operate any motor vehicles or motor
equipment for the Service. Operators must continue to demonstrate
competence to operate the type of motor vehicle and/or equipment to which
assigned based on a continued safe driving record.
A. Only
employees and volunteers may operate motor vehicles or motor equipment for the
Service. Do not allow other persons (including Friends of Refuges) to operate
Service motor vehicles or motor equipment.
B. Volunteers must have a signed Volunteer Services Agreement (FWS Form 3-2148) and
a valid State license prior to operating any Service motor vehicle or motor
equipment. Volunteers must have also received the appropriate training to
operate motor vehicles and motor equipment, and the supervisor must document the
training on FWS Form 3-2267
(Authorization for Operation of Motor Vehicles and/or Equipment).
C. Contractors and cooperative farmers may operate their own vehicles and
equipment on Service lands when and where permitted, but do not allow them to
operate Service vehicles or equipment unless contract or agreement clauses have
been signed to cover issues of liability, insurance coverage, etc. (see FAR 45.3 and specifically 45.304).
1.8 How old does an operator
have to be? All
operators of motor vehicles and/or equipment must be at least 18 years of age.
All operators of commercial motor vehicles must be at least 21 years of age.
1.9 Does an operator need a
State driver’s license? All operators must have a valid State
driver’s license in his/her possession at all times
while driving a Government-owned or -leased motor vehicle on a public
highway. All operators must also have a valid agency identification card
or document (e.g., building pass or credential) in his or her possession at all
times while driving a Government-owned or -leased motor vehicle (5 CFR 930).
Operators of Service motor vehicles and equipment must immediately
notify their supervisor if their State driver’s
license has been suspended or revoked.
1.10 Can commercial operators
have more than one license? No person who operates a commercial motor vehicle may at
any time have more than one driver’s license (49
CFR 383.21).
1.11 What
must a supervisor do before allowing someone to operate a motor vehicle or
equipment?
A. Before a supervisor first grants or renews an authorization to operate motor vehicles and motor equipment for the Service, he/she must affirmatively determine that the employee/volunteer is fully trained, properly licensed, medically qualified, and continues to demonstrate competence to operate the type of motor vehicle and/or motor equipment to which assigned based on a continued safe driving record. This determination must be documented in writing using FWS Form 3-2267.
B. Supervisors
will ensure that operators are provided appropriate basic and refresher
training in accordance with paragraph 1.17, Exhibit 1, and other Service
policies (e.g., 320 FW 5, 6, and 9, and 243 FW 1-5).
1.12 Are there additional requirements when a commercial driver’s license is required? When a commercial driver’s license is required, supervisors will, in addition
to the requirements in paragraph
1.11:
A. Verify that
the commercial motor vehicle operator is at least 21 years of age.
B. Ensure that the operator possesses a commercial license.
C. Obtain a certificate from a licensed physician or
other acceptable health care worker from the individual's State of domicile or
location of employment that the employee may operate the assigned vehicle.
D. Provide written approval (FWS
Form 3-2267) to operate the vehicle.
E. Inform the commercial operator of potential penalties for failure to
use the assigned equipment in a safe and lawful manner.
F. Enroll the employee in the DOI Random Drug Testing Program.
1.13 Who pays for a commercial driver’s
license (CDL)? 43
U.S.C. 1471e authorizes the use of appropriated funds to reimburse Service
employees for the cost of State licenses and certification fees pursuant to
their employment and that are necessary to comply with State or Federal laws,
regulations, or requirements. An employee’s
duty station is responsible for paying for the CDL and all associated costs
when the possession of a valid CDL is a condition of employment and necessary
to perform the duties of the position, except when an individual is applying
for such a position. Applicants for a position requiring a CDL must
either possess the CDL or obtain at his/her expense the CDL prior to
employment. Once a new hire in a CDL-required position is on board, the
duty station is responsible for paying for all costs associated with
maintaining the license for as long as the license is required to comply with
Federal and State law or DOI/Service policy.
1.14 Must
operators use safety equipment? See 243 FW 1
through 5.
A. When
seatbelts are provided, they must be worn by all drivers and passengers
whenever the motor vehicle or motor equipment is in motion, on or off the
highway. Drivers must not operate a motor vehicle or motor equipment unless
all passengers are wearing their seat belts.
B. Wearing
prescribed personal protective equipment is mandatory for all operators and
riders of all-terrain vehicles or motorcycles.
1.15 Do commercial operators have to inform their supervisor
of traffic violations? See 49 CFR
383 for specific notification requirements. Commercial operators must
notify their supervisor:
A. Of any traffic violation or conviction other than illegal parking.
Notification must be in writing and within 30 days.
B. If their driver's license is suspended, revoked, or canceled, or if they
have been disqualified from holding a State or International license. Notification
must be made before the end of the business day following the day the
employee/volunteer received notification.
1.16 Are there special requirements for use of all-terrain vehicles (ATV)?
A. Operation of ATV’s
is restricted to individuals who have successfully completed ATV
training.
B.
Use is restricted to
accomplishment of official Service business by authorized personnel. ATV’s will be used for official purposes only and will not
be used for recreational activities either apart from or in conjunction with
official purposes.
C.
ATV’s will not be used to carry passengers
unless the manufacturer’s model is designed for
transportation of both operator and passenger. If a passenger is carried,
personal protective equipment required for the operator also applies to the
passenger (see All-Terrain Vehicle Training Guide).
D.
When not in
operation, ATV’s will be secured to prevent
unauthorized use.
1.17 What
are the training requirements for operators of motor vehicles and motor
equipment? New
Service employees and volunteers must satisfactorily complete appropriate
training (see Exhibit 1) and
be otherwise qualified and authorized before operating any motor vehicle or
equipment. Supervisors will document the type and extent of training for
each operator using FWS Form 3-2267.
The operator must continue to demonstrate competence to operate the type of
motor vehicle and/or equipment to which they are assigned based on a continued
safe driving record and/or reauthorization.
A. Heavy Duty Equipment.
(1) Heavy equipment safety training will include 3 hours of pre-class study,
4 hours of classroom instruction, and 1 hour of actual operation for each
category of heavy duty equipment that will be operated.
(2) The instructor for the hour of operating the equipment must
be either a Heavy Equipment Safety Instructor or otherwise certified by the
equipment manufacturer, a construction organization, or a private school for
equipment operation (see paragraph 1.18). Heavy Equipment
Safety Training can be obtained from a program provided by a Service Heavy
Equipment Safety Instructor or an equipment training program that meets the
entire training course requirements listed below. At the conclusion
of the training, the Heavy Equipment Safety Instructor will complete FWS Form 3-2268 (Record of Heavy
Equipment Training).
(3) The operator of heavy equipment must be able to pass an
examination that demonstrates satisfactory knowledge and application of the
following:
(a) Proper methods for fueling, adding oil, adding water, servicing the
battery, and vehicle lubrication.
(b) Pre-start procedures that include proper safety checks.
(c) Starting and
warming up the engine.
(d) Proper
operational procedures that include use of all controls and demonstration of
travel maneuvers necessary for the types of terrain that will be encountered.
(e) Proper hookup of equipment and accessories that are or may be used with
the equipment.
(f) Operation of the equipment with various attachments
or accessories.
(g) Proper shut-down procedures.
(h) Proper transport and tie-down procedures (243 FW 5).
(i) Service policies relating to
equipment operation, guarding, transportation, personal protective equipment (241 FW 3), and hearing
conservation (242 FW 3).
B. Powered industrial trucks (PIT).
(1) PIT
operators must receive sufficient training and be knowledgeable about PIT
designations, hazardous locations/atmospheres, and other operational
requirements of
29 CFR 1910.178.
(2)
Only employees
meeting the training requirements mandated in 29
CFR 1910.178 will operate a PIT within their scope of employment.
Project leaders, supervisors, and employees should determine training
requirements by accessing OSHA’s
website and by consulting their Regional Heavy Equipment Safety Coordinator
or Regional Heavy Equipment Trainers for available training resources and
scheduled classes.
(3)
Operators will
undergo refresher training and evaluation in accordance with OSHA standards at
least every 3 years, or when the operator is assigned to operate a different
type of truck, is involved in a PIT-related accident, or is observed operating
a PIT in an unsafe manner. Refresher training requirements are in 29
CFR 1910.178(l)(4).
C. Light duty motor equipment.
(1) Every prospective operator must successfully complete a basic course
developed by the equipment manufacturer or other appropriate source of
certified instructors. See Exhibit 1 for the minimum course
requirements. Refresher training is required every 3 years or sooner if
the project leader/supervisor observes poor operational practices or the
employee has an accident/incident while operating the equipment.
(2) Before a
supervisor may renew a person's authorization to operate light duty motor
equipment in the Service, he/she must affirmatively determine that the person
is fully trained and qualified.
D. All-terrain vehicles. ATV operators must meet the training requirements in the All-Terrain Vehicle Training Guide.
1.18 What credentials
must a Heavy Equipment Safety Instructor have?
A. An
employee who provides safety training to Service employees and volunteers must
meet the requirements set forth in paragraph 1.17.
B. The
training for a Heavy Equipment Safety Instructor includes a minimum of 72 hours
of training required for initial certification (40 hours of NCTC instructor
training and 32 hours of Student Manual training), plus 8 hours of additional
training every 2 years for recertification.
1.19 Can operator privileges
be suspended or revoked?
A.
Supervisors must withdraw or suspend operator privileges if employees or
volunteers fail to maintain their qualifications or demonstrate a lack of
responsibility in operating either the Service’s
motor vehicles or motor equipment or personal motor vehicles or motor
equipment.
B. Heavy duty motor equipment operators must complete
refresher training and reauthorization within 3 years after the last training
session and authorization. Failure to do so will result in suspension or
withdrawal of operating authority.
1.20 What guide must be
followed in taking adverse or disciplinary actions against operators or
incidental operators?
A.
Employees who continue to operate Service motor vehicles or motor equipment
after their privileges have been withdrawn or suspended, or who otherwise
violate these rules, are subject to disciplinary action as outlined in the
Department’s Personnel Handbook on Charges and Penalty Selection for
Disciplinary and Adverse Actions. They also risk losing their protection
against liability under the Federal Tort Claims Act. Volunteers who do
the same also risk losing their protection against liability under the Federal
Torts Claims Act.
B.
Adverse or disciplinary actions against employees must be done in accordance
with applicable laws and regulations. Supervisors should contact their
servicing Human Resources office for assistance. Refer to 5 CFR 930.
For
information on the specific contents of this chapter, contact the Division of
Contracting and Facilities Management. For additional information
regarding this Web page, contact Krista
Holloway, in the Division of Policy and Directives Management, at
Krista_Holloway@fws.gov.
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