Policy: 138

State Vehicle Accident Review Board


Procedure:

The primary goal of the ARB is to promote safe driving and to reduce the number of accidents involving state vehicles. Emphasis is on training drivers and developing safe procedures. In cases where an individual employee is unable or unwilling to consistently operate motor vehicles safely, the ARB will refer the case to the agency head or supervisor for appropriate action, including but not limited to appropriate disciplinary action.

The agency Safety Committee will act as the Accident Review Board and will review each month's accidents at their monthly scheduled meetings with responsibilities as follows:

  1. Accident Review/Moving Violations
  2. Review all accidents involving state vehicles to determine cause and to establish responsibility or culpability where appropriate. ARBs shall also review all moving violations issued to operators of state vehicle.

  3. Driver Training
  4. The ARB will examine present driver training procedures and, where appropriate, recommend establishment of additional driver training requirements to ensure that all state vehicle operators are fully trained and qualified in the operation of a vehicle.

  5. Disciplinary Action
  6. Where flagrant or repeated violations occur, the ARB will refer the case to the appropriate agency head for further disciplinary action in accordance with the agency's disciplinary policy.

Maintenance Supervisor will be responsible to report accidents at the meeting and provide the following information for the ARB to review:

  1. Copy of accident report
  2. Copies of employee's statement as to what happened
  3. Photos of damage where available
  4. Summary of any court action
  5. Statements from available witnesses

Findings/Recommendations of the Accident Review Board

  1. After reviewing the circumstances of the accident, the ARB will determine whether the driver was at fault or not at fault.
  2. Before reaching a finding of not at fault, the ARB must be satisfied that the accident could not have been prevented by the driver through normal alertness and attention to driving. In the case of an emergency vehicle, the ARB must be satisfied that the driver was complying with all laws regarding emergency operation of vehicles and the provisions of the South Carolina Code of Laws Section 56-5-760.

Assessment of Damage

In accordance with South Carolina Code of Laws Section 1-11-141(B), the employee operator may be held liable to their agency for the cost of repairs in the following cases:

  1. For an amount not to exceed $200 for each occurrence if the employee operator is found to be at fault in the accident after a review of records conducted by a duly appointed ARB;
  2. For up to the full cost of repairs if the employee operator was convicted of driving under the influence of alcohol or illegal drugs at the time of the accident, and the ARB determines that the operator's impaired condition substantially was the cause of the accident.

The State Fleet Management ARB has the authority to recommend that damages be assessed to the using or leasing agencies in accordance with the terms of the applicable lease agreement.

Reports

Reports from agency ARBs are required to be submitted to State Fleet Management on a quarterly basis. Copies of the minutes of the State Fleet Management ARB may be made available to each leasing agency and the Department of Administration at their request.

Attachment: Driver Corrective Actions

Purpose

To produce guidelines for review of all accidents involving state vehicles.

Reviewed / Approved by the Board:
May 26, 2022
Effective Date:
June 1, 2022