Utah Admin. Code 27-7-5

Current through Bulletin No. 2024-21, November 1, 2024

Section R27-7-5 - Determination Standards

(1) An accident shall be classified as preventable if any of the following factors are involved:

(a) driving too fast for current road conditions;

(b) failure to observe clearance;

(c) failure to yield;

(d) failure to properly lock the vehicle;

(e) following too closely;

(f) improper care of the vehicle;

(g) improper backing;

(h) improper parking;

(i) improper turn or lane change;

(j) reckless driving as defined in Section 41-6a-528;

(k) unsafe driving practices, including:

(i) using electronic equipment or cellular phone while driving in violation of Subsection 41-6A-1716(2);

(ii) smoking while driving;

(iii) engaging in personal grooming;

(iv) initiating a U-turn; or

(v) driving with an animal loose in the vehicle.

(2) An accident shall be classified as non-preventable when:

(a) the state vehicle is struck while properly parked;

(b) the state vehicle is vandalized while parked at an authorized location; or

(c) if the state vehicle is an emergency vehicle and:

(i) at the time of the accident the authorized driver was in the line of duty and was operating the vehicle in accordance with their respective agency's applicable policies, guidelines, or regulations;

(ii) damage to the vehicle occurred during the chase or apprehension of people engaged in or potentially engaged in unlawful activities; or

(iii) damage to the vehicle occurred in the course of responding to an emergency to save or protect the lives, property, health, welfare, and safety of the public.

(3) Major threshold violations committed by an authorized driver shall be determined as follows:

(a) Preventable Accidents:

(i) preventable accidents may be considered major threshold violations if three preventable accidents as determined by the agency, are committed within a three-year period; or

(ii) any single preventable accident is committed and aggravating factors as defined in this rule are determined to be a factor.

(b) Moving Violations:

(i) moving violations may be considered major threshold violations if three moving violations are committed in a state vehicle within a 12-month period; or

(ii) the authorized driver has been convicted of any of the following:

(i) alcohol-related driving violations;

(ii) reckless, careless, or negligent driving, including excessive speed violations;

(iii) driving violations that have resulted in injury or death;

(iv) felony-related driving violations;

(v) hit-and-run violations;

(vi) impaired driving;

(vii) using a handheld wireless communication device while operating a state vehicle in violation of Subsection 41-6A-1716(2).

(c) Validated Citizen Complaints: Validated citizen complaints may be considered a major threshold violation at the discretion of the Driver Safety Committee or Driver Eligibility Board utilizing the aggravating factors outlined in this rule.

(d) Telematics threshold violations may be considered major threshold violations if:

(i) three telematics threshold violations are committed within a 12-month period; or

(ii) any single telematics threshold violation is committed and aggravating factors as defined in this rule are determined to be a factor.

(e) Agencies collecting telematics data must track violations reported through telematics and review in the Driver's Safety Committee.

(4) Major threshold violations committed by an authorized driver may result in the following state vehicle driving privilege suspensions. Reducing or increasing the penalty may be considered due to other factors.

(a) First major threshold violation may receive a driving suspension of two working days.

(b) The second major threshold violation committed within 12 months of the first major threshold violation may receive a driving suspension of 14 calendar days. If the second major threshold violation does not occur within a 12-month period of the first, then it is at the discretion of the Driver Safety Committee as to whether it is considered the first or second major threshold violation.

(c) The third major threshold violation committed within 12 months of the second major threshold violation may receive a driving suspension of 30 calendar days. If the third major threshold violation does not occur within a 12-month period of the second, then it is at the discretion of the Driver Safety Committee as to whether it will be considered the second or third major threshold violation.

(d) The fourth major threshold violation committed within 12 months of the third major threshold violation may receive a driving suspension of 60 calendar days. If the fourth major threshold violation does not occur within a 12-month period of the third, then it is at the discretion of the Driver Safety Committee as to whether it will be considered the third or fourth major threshold violation.

(5) The following aggravating factors are items the agency shall consider when reviewing whether a single accident should be considered a major threshold violation and the Driver Safety Committee when determining driver eligibility suspension to be imposed:

(a) the accident resulted in bodily harm;

(b) the accident had a high likelihood of causing bodily harm;

(c) the amount of damage caused by the accident;

(d) the accident had a high likelihood of causing damage;

(e) the accident damaged the reputation of the state or agency;

(f) the accident had a high likelihood of damaging the reputation of the state or agency; and

(g) the frequency of the accidents under consideration. (6) If the agency becomes aware of unlawful driving behavior on personal time or in a personal vehicle, the Driver Safety Committee shall address those actions under this rule.

Utah Admin. Code R27-7-5

Amended by Utah State Bulletin Number 2017-15, effective 7/11/2017

Amended by Utah State Bulletin Number 2022-07, effective 3/14/2022

Amended by Utah State Bulletin Number 2023-05, effective 2/21/2023