Staff Personnel Manual (SPP)

Effective: 4/30/1993

Revised: 5/20/2010

SPP 319: Driver’s License Monitoring

Purpose

To ensure that employees whose jobs require driving have a valid driver’s license

Sources

Arizona Administrative Code (A.A.C.), Rule R2-10-207.12

University policy

Applicability

All university employees required to operate vehicles or motorized equipment requiring possession of a valid driver’s license

Policy

An employee whose job responsibilities require driving must possess a valid driver’s license.

A department has the authority to prohibit an employee from operating vehicles or motorized equipment on the job if any question exists about the validity of his or her driver’s license. The department may place the employee on vacation leave with pay or on suspension without pay subject to a suspension-without-pay hearing, if vacation leave accrual is exhausted, until:

1. the employee produces a valid driver’s license

   or

2. the department verifies the validity of the driver’s license in conjunction with the Office of Human Resources (OHR).

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New Employees (before First Day of Employment)

The department may terminate a newly hired employee without two weeks’ notice or pay, if

1. the employee fails to provide proof of a valid driver’s license by the first day of employment
2. the employee fails to provide OHR a Driver’s License Authorization Form and legible copy of the driver’s license

   and

3. the employee was notified in an offer letter of this condition of employment.

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Probationary Employees

The department may terminate on two weeks’ notice an employee whose driver’s license is revoked or suspended or otherwise becomes invalid during the probationary period. The terminated employee will have no right to a hearing or appeal.

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Change in Validity of License

An employee must report any change in the validity of his or her driver’s license to the immediate supervisor on the next work day or next shift. Changes in the validity of an operator’s license include:

1. suspension
2. revocation
3. expiration

   or

4. any other significant change.

An employee who fails to report a change in the status of his or her driver’s license may be subject to appropriate disciplinary action, including termination under the conditions described in SPP 809, “Discipline” and SPP 1011, “Involuntary Termination.” An employee reporting the suspension or loss of his or her license is prohibited from driving vehicles or motorized equipment on university business until:

1. the employee produces a valid driver’s license

   and/or

2. the department verifies the validity of the driver’s license in conjunction with OHR.

The department may assign the employee to other job duties not requiring a driver’s license or may place the employee on vacation leave with pay or on suspension without pay, depending on vacation leave accrual. If the employee is to be suspended without pay, he or she has a right to a hearing under SPP 809 before the effective date of the action.

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Disciplinary Action

An employee who knowingly operates vehicles or motorized equipment on university business under an expired, suspended, or revoked driver’s license will be subject to immediate disciplinary action which may include:

1. permanent demotion (following a demotion hearing) to a position that does not require vehicle or motorized equipment operation, if available and appropriate
2. temporary reassignment, if available and appropriate, for a maximum of 30 days to secure a driver’s license, subject to SPP 215
3. suspension without pay for a period not to exceed 30 days, subject to SPP 809
4. termination for cause on two weeks’ notice subject to SPP 809 and 1011 (except probationary employees who may be terminated on two weeks’ notice with no right to a hearing or appeal)

or

5. other action as determined by the department with advance consultation with OHR.

An employee who is reassigned to a new position will be subject to the salary ranges of the new position. If reassignment or demotion will result in a salary decrease, the employee has a right to a hearing under SPP 809 before the effective date of reassignment.

Exceptions

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Change in Job Assignments

An employee’s job responsibilities may change as a result of promotion, transfer, reorganization, change in job assignment, or other similar employment action to require possession of a valid driver’s license. If such an employee cannot provide proof of a valid driver’s license at the time job duties change, he or she is provided a 30-day period from the effective date of reassignment to provide proof of a valid driver’s license. During the 30-day period, the department may place the employee on temporary assignment, special assignment, or other assignment. If reassignment will result in a salary decrease, the employee has a right to a hearing under SPP 809 before the effective date of reassignment. If the employee cannot provide proof of a valid driver’s license at the end of the 30-day period, he or she will be subject to one of the actions described in “Disciplinary Action” in this policy.

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Disability after Date of Hire

An employee whose job responsibilities require operation of vehicles or motorized equipment may become disabled or otherwise unable to maintain a valid driver’s license or to operate a vehicle after the date of hire. If such an employee has medical documentation stating that he or she is unable to operate vehicles or motorized equipment, the department (in consultation with the employee, OHR, ADA coordinator, and the University Office of General Counsel) will determine whether reasonable accommodation, including temporary reassignment, transfer, or other appropriate action, can be provided. If reasonable accommodation cannot be provided, the employee may be subject to permanent reassignment or termination, at the department’s discretion, subject to SPP 801, 809, and 1011.

Cross-References

For related information see:

1. the Staff Personnel Policies and Procedures Manual:
   
   1. SPP 215, “Alternate Duty Assignment Program for Temporarily Disabled Employees”
   2. SPP 801, “Employee Conduct and Work Rules”
   3. SPP 809, “Discipline”

      and

   4. SPP 1011, “Involuntary Termination”

2. the Facilities Management Policies and Procedures Manual—FAC 204, “University Vehicle Policy”

   and

3. the Environmental Health & Safety Policies and Procedures Manual—EHS 119, “Motor Fleet Safety.”

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