When you are hired by the City and you are given a “work”
vehicle, do the same rules apply as with private industry? No, they do not. There are Minnesota Statutes governing the
use of municipally owned vehicles. The
statute outlines the use of these vehicles for personal reasons. What considerations need to be made and what
policies should the City adopt regarding use of city-owned vehicles?
The Statute and What it Means:
MN Statute 471.666 sets forth the restrictions on the use of
municipal vehicles. Subdivision 2 of the
statute outlines the restrictions on use of municipal vehicles. It is indicated that a local government vehicle
can only be used for local government business, including personal use that is
clearly incidental for local government business. It also states that the vehicle cannot be
used as a vehicle to commute to and from work for the employee.
Example: A city
employee uses the city vehicle to get to a work related seminar. On the return trip from the seminar, the
employee takes a detour to a shopping mall to make some non-work related
purchases. If the employee is in an
accident in the mall parking lot, there may be coverage questions that may result
in the city’s coverage not applying to a portion or portions of the loss.
Exceptions to the Statute:
Exceptions to the statute regarding to and from an
employee’s residence are outlined in Subdivision 3 of the statute. These exceptions include when the vehicle is
used in connection with work-related activities outside of the employee’s
scheduled work hours. Another exception
is if the employee has been assigned the use of the vehicle on an extended
basis and their primary place of work is not the local government work
station where they are permanently assigned.
This would apply to field employees.
The third exception is if the number of miles traveled or the time
needed to conduct the business will be minimized if the employee uses the
municipal vehicle to travel to their residence before or after traveling to the
place of local government business. The
last exception is those public safety vehicles that are owned or leased by the
local government entity.
Why Is This Important?
If an employee has an accident and it is determined that
their personal use of the vehicle falls outside of the statute and/or the
City’s fleet policy, the employee assumes significant personal risk. The risk could be financial in nature and
depending on the City’s policy, there may be disciplinary action for the lapse
in policy adherence.
What Can We Do?
- Regularly review employee use of
city-owned vehicles with special attention to personal use of the vehicles.
- Consider adopting a policy that
prohibits the personal use of city-owned vehicles.
- Train employees on the policy and
develop a form to clearly show when use of city-owned vehicles is “authorized”.
- Require employees to use their
personal auto if there is a possibility of personal use or if the employee
would like to have their spouse or family member accompany them.
The bottom line is city/municipally owned vehicles must
adhere to a different set of rules governed by MN Statute 471.666. This differs greatly from the private
industry’s guidelines on company vehicles, which are determined by each individual
company and are not subject to the statute above.
By Tara Bursey