AUTHORITY: Implementing Sections 405-280, 405-285, and 405-215 of the Department of Central Management Services Law [20 ILCS 405/405-280, 405-285, and 405-215] and Sections 1 and 2 of the State Vehicle Identification Act [30 ILCS 610/1 and 2] and authorized by Section 405-280 of the Department of Central Management Services Law [20 ILCS 405/405-280].

SOURCE: Adopted at 4 Ill. Reg. 28, p. 173, effective July 1, 1980; amended at 4 Ill. Reg. 30, p. 1225, effective July 1, 1980, by the Department of Administrative Services; transferred to the Department of Central Management Services by Executive Order 82-1, effective July 1, 1982; amended at 7 Ill. Reg. 2483, effective March 1, 1983; codified at 8 Ill. Reg. 8180; amended at 9 Ill. Reg. 13720, effective August 21, 1985; amended at 13 Ill. Reg. 13829, effective August 22, 1989; amended at 15 Ill. Reg. 7553, effective May 7, 1991; amended at 19 Ill. Reg. 14774, effective October 5, 1995; amended at 25 Ill. Reg. 6221, effective April 17, 2001; amended at 26 Ill. Reg. 9695, effective June 19, 2002; amended at 30 Ill. Reg. 4587, effective March 1, 2006; amended at 36 Ill. Reg. 2089, effective January 24, 2012; amended at 38 Ill. Reg. 16839, effective July 25, 2014; recodified Title of the Part at 39 Ill. Reg. 5903; amended at 42 Ill. Reg. 7672, effective April 11, 2018.

SUBPART A: GENERAL

 

Section 5040.100  Authority

 

This Part is promulgated under the authority of Sections 405-215, 405-280 and 405-285 of the Department of Central Management Services Law [20 ILCS 405/405-215, 405-280 and 405-285] and Sections 1 and 2 of the State Vehicle Identification Act [30 ILCS 610/1 and 2].

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.110  Policy

 

The Department of Central Management Services (CMS) shall be responsible for the proper operation of the State garages and for ensuring that vehicles necessary for the operation of State government are acquired, maintained and used in the most efficient and least costly manner that comports with the State's needs.  State vehicles shall only be used for the performance of State duties and purposes incident to the performance of those duties.  As set forth in further detail in this Part, each State agency, with the assistance of the vehicle use officer, shall draft a vehicle use policy that is at least as stringent as this Part.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.120  Applicability

 

a)         This Part applies to all State entities in the executive branch of State government.

 

b)         Section 5040.210 (Fuel Economy Standards) applies to all State entities.

 

c)         State colleges and universities may administer their own garages and are not required to abide by this Part, except for Section 5040.210.

 

d)         Vehicle Services Offered by CMS

 

1)         Management of State Fleet and Vehicle Acquisitions

 

2)         Usage/Maintenance Programs

 

3)         Maintenance and Repair

 

4)         CMS Fleet Credit Card and Fuel/Vendor Fleet Car Services

 

e)         State agencies under the Governor are subject to this Part. Agencies that voluntarily utilize any of the vehicle services listed in subsection (d) are required to follow all rules related to that particular vehicle service. If the policies of another Section apply, agencies shall comply with those Sections.

 

f)         Source of funds does not affect applicability of this Part.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.130  Definitions

 

"Agency Head" – The top appointed or elected person within a State entity or the person authorized to act in his or her behalf.

 

"Agency Vehicle Coordinator/Vehicle Use Officer" – The individual designated by each State agency utilizing CMS, Division of Vehicles services to act as the agency's liaison with DOV.

 

"CMS" – The Illinois Department of Central Management Services.

 

"CMS Fleet Card" – A card issued by CMS as a means of identifying a particular piece of equipment used to purchase fuel, maintenance and repair goods and services.

 

"DOV" – The CMS Division of Vehicles.

 

"Equipment" – Any motorized implement or vehicle used to perform official State business.

 

"Executive Department" – All departments, boards, commissions and agencies of the State of Illinois subject to the Governor.

 

"General Purpose Passenger and Light Duty Vehicles" − Cars, minivans, sport utility vehicles, crossovers or other vehicles with not more than a 10 passenger capacity, and/or vans, pickups or trucks with 8,000 lbs. or less gross vehicle weight rating.

 

"Law" – The Department of Central Management Services Law [20 ILCS 405].

 

"State Employee" – Any person who is paid on a State warrant or providing a service to the State and who has permission from the "agency head" may use a State vehicle.

 

"Vehicle" – Any automobile, truck or other conveyance capable of independent locomotion on the roads and highways of the State other than special mobile equipment as defined in Section 1-100 of the Illinois Vehicle Code [625 ILCS 5/1-100].

 

"Vendor Fleet Card" – A card issued by a private vendor, under contract with CMS, as a means of identifying a particular piece of equipment and used to purchase fuel and maintenance and repair goods and services.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

SUBPART B: ACQUISITION

 

Section 5040.200  Acquisition of Vehicles

 

CMS shall acquire or make contracts for the acquisition of all passenger cars necessary for the operations of the executive branch of State government.  In certain exceptional circumstances, CMS may acquire passenger vans designed for carrying up to 15 persons.  Vehicles will be acquired in accordance with Section 405-280 of the Law and this Part.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.210  Fuel Economy Standards

 

All new passenger automobiles purchased or leased by any State entity or used passenger automobiles obtained from Property Control (including inter-agency transfer) must be rated by the U.S. Environmental Protection Agency as meeting the minimum average fuel economy for the model year of the automobile, in miles per gallon, imposed upon manufacturers of vehicles pursuant to Title V of the Motor Vehicle Information and Cost Savings Act (15 USC 2001 et seq.) as amended.

 

a)         Exceptions:  Exceptions to the mileage standards set forth in the Motor Vehicle Information and Cost Savings Act may be authorized by CMS to be submitted to the State Purchasing Officer for final approval. Acquisition of any statutorily excepted vehicles is allowable, but a statement must accompany the acquisition request indicating why a more economical vehicle cannot fulfill the operational needs of the agency.

 

b)         Requests for Exceptions:  Requests for exceptions must be made on the Vehicle Acquisition Request form provided by CMS and be signed by the executive head of the requesting agency.  Requests must fully describe the circumstances necessitating a non-compliant vehicle.

 

c)         Evaluation of Exception Request:  CMS will review each exception request and, if CMS believes an exception is warranted, CMS will submit the exception request to the State Purchasing Officer for final approval.  No exception request will be submitted to the State Purchasing Officer for final approval unless it is clear from the agency request that a non-compliant vehicle is necessary in order to carry out the functions of the requesting agency.

 

d)         In response to an exception request, CMS may suggest a more economical alternative to the agency head.  If the agency head can demonstrate that the alternate vehicle will not allow the agency to carry out its statutory functions, and that no other vehicles meeting the standards are available or could similarly carry out the agency's functions, CMS will recommend to the State Purchasing Officer that the requested exception be granted.

 

e)         Rental Vehicles:  Agency personnel renting vehicles from private firms are to utilize the most fuel efficient vehicle available from the rental firm that meets agency needs.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.220  Availability of Vehicles

 

Vehicles will be made available to State agencies under one or more of the following plans:

 

a)         Agency Purchase

 

b)         Surplus Acquisition

 

c)         Motor Pool Lease or Rental

 

d)         Private Firm Lease or Rental

 

(Source:  Amended at 9 Ill. Reg. 13720, effective August 21, 1985)

 

Section 5040.230  Agency Purchase

 

With the prior approval of CMS, an agency with sufficient appropriation may purchase vehicles under a CMS contract or, if approved, through a bid let or awarded in accordance with Section 5040.270.  The vehicle will be assigned to the using agency as long as the use and condition of the vehicle meet standards set forth in this Part. DOV will make purchases of passenger vehicles for agencies under the Governor, excluding Illinois State Police and the Illinois Department of Transportation, and provide them to agencies through its Vehicle Usage Program.  Agencies may be delegated authority to purchase vehicles from other sources when in the best interests of the State.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.240  Motor Pool Lease or Rental (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.250  Private Firm Lease or Rental

 

CMS will determine when it is in the State's best interests to establish contracts for use by executive agencies for vehicle purchase, sharing, rental or lease. Executive agencies will utilize contracts established by CMS for these purposes. Approval of vehicle purchase or lease for more than 30 days is subject to compliance with the requirement of Section 5040.270. For purposes of this Part, "rental" refers to a term of 30 days or less.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.260  Use of Personal Vehicles on State Business

 

a)         In specific instances for specific travel requirements where a state-owned vehicle is not available or where it is otherwise in the best interest of the State, the agency head or his/her designate may authorize an employee to use the employee's personal vehicle on State business.

 

b)         Any compensation to an employee for use of a personal vehicle on State business shall be in accordance with the Travel Regulations promulgated by the appropriate Travel Control Board.

 

(Source:  Amended at 7 Ill. Reg. 2483, effective March 1, 1983)

 

Section 5040.270  Requests for Acquisition of Vehicles

 

All requests to purchase new or used, lease or acquire surplus (including inter-agency transfer) general purpose passenger and light duty vehicles other than rental require written submission including the signature of the requesting agency head using the current Agency Fleet Request template and approval by the DOV Manager (located at https://cms.portal.illinois.gov/DOV/vc/default.aspx). The template consists of the following elements: instructions for completing the Agency Fleet Request; annual mileage information; estimated useful service life; vehicle purchase price, repair price, residual value, parking and operating costs; financial information; vehicle and agency information; agency vehicle use information; exception request information and review criteria under Section 5040.210 and subsection (c)(1) of this Section, and flexible or hybrid fuel requirements. DOV will be responsible for passenger vehicle acquisitions for agencies under the Governor, excluding Illinois State Police and the Illinois Department of Transportation. Costs associated with these acquisitions shall be paid by the acquiring agencies pursuant to the applicable quarterly rate schedule for the CMS Vehicle Usage Program.

 

a)         Agency requests shall be submitted by Agency Vehicle Coordinators/Vehicle Use Officers using the current CMS Agency Fleet Request maintained on the DOV website and distributed to Coordinators at least annually.  If necessary, CMS may request additional information.

 

b)         All acquisition requests, whether replacements or additions to fleet, must be justified based on work needs.  The need for the vehicle and the type requested must be documented.

 

c)         Requests shall be evaluated using the following non-exhaustive criteria:

 

1)         Whether purchasing a vehicle is the most cost effective solution for the State. The most economical mode of transportation should be used to carry out State business. Cost effective transportation for State employees can be obtained through the use of State-owned vehicles or by paying for miles traveled, including reimbursement for the use of a personally owned vehicle if operationally feasible. State vehicles should be purchased/owned when that is the lowest cost alternative for the State and when the vehicles will be fully utilized in terms of business mileage.

 

A)        Factors determining which transportation option is cheaper vary, depending on the cost of fuel and the cost of buying and owning vehicles versus the cost of reimbursement. Additional factors to consider when determining if acquiring a vehicle is efficient are: annual overall miles, annual business miles, percentage of commuting miles (if applicable), cargo, passenger carrying, or other special equipment needs.  CMS may also approve vehicle acquisitions that are in the State's best interests based on criteria in addition to mileage break-even.  For example, developing technologies, including hybrid or electric vehicles, have been determined to be beneficial to the State due to reduced harmful emissions.

 

B)        A break-even mileage reference point will be maintained by DOV for use in determining efficient vehicle purchase decisions. New, used and leased general purpose passenger and light duty vehicles should generally be approved to be acquired when they will be fully utilized at or beyond the current standard set by CMS for economic break-even to ensure the State is providing transportation to employees at the lowest possible cost. Usage less than economic break-even may be approved by the DOV Manager  upon explanation from the agency head of operational needs justifying lesser usage, when there is no alternative available to carry out agency work functions, or when it is in the State's best interests to do so. As available, vehicles obtained from CMS, Surplus Property should be substituted for new vehicles when operationally efficient to reduce the State's cost per mile.

 

C)        A break-even mileage threshold by vehicle type will be maintained and published on the DOV website and through communications with Agency Vehicle Coordinators/Vehicle Use Officers at least annually for use in making cost effective vehicle and employee transportation decisions.  Break-even information will be one of the factors CMS considers when making a determination on a vehicle acquisition request.

 

D)        The formula used to calculate break-even mileage is:

 



 

When:

 

BE	=	Break-even − Accumulated miles required to offset the cost of owning a vehicle when it becomes cheaper than paying an employee for the reimbursement of mileage utilizing a personal vehicle for State business use.
FC	=	Fixed cost − The cost of a vehicle divided by its estimated useful life, plus the cost of insurance.
RR	=	Reimbursement rate − The rate paid to State employees for use of a personal vehicle for State business as established by the Travel Control Board (80 Ill. Adm. Code 2800) and CMS policy.
OC	=	Operating or variable cost − Maintenance, repairs and fuel.

 

 

 

2)         Availability and utilization of other vehicles already in agency control.

 

3)         Compliance with fuel economy and environmental standards.

 

d)         Agencies requesting specific surplus (including inter-agency transfer) vehicles shall submit a written request to the DOV, utilizing the current Agency Fleet Request maintained by DOV on its website.  The Division of Property Control will not release nor approve an inter-agency transfer without prior authorization from DOV. No State agency may obtain a surplus vehicle unless the vehicle is:

 

1)         inspected and, if applicable, repaired at a State garage to ensure that the vehicle is road worthy and safe to drive; and

 

2)         assigned an equipment number and credit card.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

SUBPART C: USE OF VEHICLES

 

Section 5040.300  Use of Vehicles

 

a)         Vehicles shall be used in accordance with the policies and conditions set forth in this Section.

 

b)         Each State agency, with the assistance of the Vehicle Use Officer, shall draft a vehicle use policy. All vehicle use policies, other than those drafted by a constitutional officer, shall be submitted to DOV and shall be made publicly available on CMS' website. A State agency's vehicle use policy must be at least as stringent as this Part and shall include the following:

 

1)         requirements and procedures concerning take-home vehicles, including requirements for emergency use of take-home vehicles and restrictions on the use of these vehicles solely for commuting; and

 

2)         requirements and procedures concerning daily vehicle use logs and mileage recording. [30 ILCS 617/10]

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.310  Title and Registration

 

All vehicles purchased under this Part or donated to the State shall be titled to CMS and registered to the using agency.  Vehicles purchased exclusively from federal funds will be titled to CMS unless federal regulations require other title arrangements. Vehicles that are confiscated by law shall be titled to CMS, except that, when an executive department obtains confiscated vehicles through forfeiture proceedings, the vehicles may be titled to the executive department if authorized in writing by the Director of CMS.  Vehicles that are confiscated by law shall be used and disposed of in accordance with applicable law.  CMS authorization may be granted if the executive department:

 

a)         has statutory authority to use the confiscated vehicle in its operations;

 

b)         agrees to report to CMS identification information concerning each confiscated vehicle to be utilized in its operations; and

 

c)         agrees to maintain, process and account for all titles.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.320  License Plates

 

a)         Each vehicle, except as otherwise provided in this Section, shall display valid Illinois license plates that are distinct from plates issued to the general public.

 

b)         Conventional plates will be issued as allowed by law (see the State Vehicle Identification Act [30 ILCS 610]) and when necessary to meet operational needs.

 

c)         All requests for conventional plates must be justified by the requesting agency head and approved by CMS.  Requests will be granted upon a showing of the following:

 

1)         The agency head details why the conventional plate is necessary for the operations of the agency and how it complies with the referenced statute.

 

2)         The agency head must certify that the vehicle bearing the conventional plate will be used substantially full-time in functions requiring the conventional plate.  Occasional needs should be satisfied by private vehicle rental.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.330  Identification of Vehicles

 

All State-owned or controlled vehicles shall be assigned unique equipment numbers by CMS.  CMS may use numbering schemes in effect at selected agencies.  Agencies requesting further identification beyond State license plates (e.g., decal markings) must submit a uniform identification plan established by the requesting department.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.340  Assignment to Individuals

 

Vehicles may be assigned to specific individuals if authorized in writing by the head of the agency to which the vehicle is assigned.  Agencies will be required to report to CMS annually and when changes occur, including the name of each employee assigned a vehicle, the equipment number and license plate number of the assigned vehicle, employee's headquarters and residence, and any additional information requested by CMS. Authorization is to be granted only if one or more of the following conditions are met:

 

a)         The vehicle is specially equipped to perform law enforcement services and the law enforcement employee is on call 24 hours a day.

 

b)         The employee's work assignment requires traveling to numerous locations over a considerable territory with infrequent stops at the employee's headquarters as defined in the regulations concerning State employee travel.

 

c)         When the employee is a State official confirmed by the State Senate or acting in the capacity of such a State official; however, in the case of such State officials who are employed by agencies under the Governor, including heads of agencies, the employee must provide written justification to CMS as to why the exclusive assignment of a State vehicle to that employee is in the best interests of the State.

 

d)         The employee is regularly subject to special or emergency calls from his or her residence during non-duty hours.

 

e)         Vehicles usage will be in accordance with the provisions of Section 5040.350.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.350  Authorized Use

 

a)         State-owned vehicles shall only be used for public purposes and in the best interests of the State.  When performing official duties on behalf of the State, authorized uses include:

 

1)         travel between places of State business, places of temporary lodging, places to obtain meals, and/or other locations necessary to perform official duties;

 

2)         travel to/from places to obtain emergency medical assistance or supplies;

 

3)         transport of:

 

A)        other State officers or employees who are on official State business;

 

B)        consultants or contractors working on behalf of the State;

 

C)        commercial firm representatives working with the State;

 

D)        wards of the State;

 

E)        residents of State facilities or institutions; and

 

F)         others as authorized in writing by an agency head;

 

4)         transport of materials, equipment, supplies, tools, parcels, luggage, or other items necessary or required to perform official duties;

 

5)         operation of a State vehicle by a State contractor when required to meet the needs of a State contract and when authorized in writing by an agency head;

 

6)         operation of a State vehicle when on a travel-related assignment (including, but not limited to, pick-up and return of a vehicle and necessary commuting);

 

7)         commuting in an assigned vehicle when one of the conditions set forth in Section 5040.340 of this Part is met and the employee has complied with:

 

A)        the certification requirements of Section 7-601 of the Illinois Vehicle Code [625 ILCS 5/7-601]; and

 

B)        all applicable reporting requirements of the Office of the Comptroller;

 

8)         operation of a specially equipped vehicle where a State official or employee is required to have constant access to the equipment in the vehicle (for purposes of this Section, "specially equipped vehicle" means a vehicle equipped with communications equipment regularly used to transmit over a network of the Emergency Management Agency); and

 

9)         any other use when for public purposes and in the best interests of the State, and authorized in writing by an agency head.

 

b)         Unauthorized use of a State-owned vehicle includes, but is not limited to:

 

1)         transportation for shopping, meals, entertainment, recreation or vacation purposes unrelated to the performance of official State business;

 

2)         transport of any person for any purpose unrelated to official State business;

 

3)         operation of a vehicle beyond the vehicle's rated capability;

 

4)         transport of materials, equipment, supplies, tools, parcels, luggage, or other items unrelated to the performance of official State business;

 

5)         transport of hazardous or dangerous materials such as acids, explosives, weapons, ammunition, or highly flammable materials unless authorized in writing by an agency head or in an emergency;

 

6)         transport of items or equipment that may constitute an obstruction of safe driving or hazard  to pedestrians or other vehicles; and

 

7)         any use in violation of applicable statute, rule, or executive order.

 

c)         Any employee or official using a State vehicle in a manner contrary to this Section shall be personally responsible for and assume the risk of:

 

1)         personal injury to the employee/official and to third parties; and

 

2)         damage to the property of the employee/official, the State, and third parties.

 

d)         Agencies are responsible for establishing written policies and procedures to ensure all vehicle use is in accordance with this Section.  In the event of a violation of this Section, the user's agency head:

 

1)         is responsible for instituting corrective action, which may include discipline up to and including discharge; and

 

2)         shall require and verify the user has paid the State for each mile or fractional mile of unauthorized use.  Payment to the State shall be equal to the amount reimbursed to State employees for the use of personal vehicles (see 80 Ill. Adm. Code 3000.300(f)(2)).

 

e)         Agencies may establish policies consistent with or more restrictive than the rules set forth in this Section.

 

(Source:  Amended at 25 Ill. Reg. 6221, effective April 17, 2001)

 

Section 5040.360  Use and Condition Review

 

a)         CMS reserves the right to periodically audit use and condition of State vehicles (e.g., for suspected abuse or improper use).  Any vehicle that is being used improperly or inefficiently, is not being maintained, is in poor condition, or is not in compliance with this Part will be brought to the attention of the Agency Vehicle Coordinator/Vehicle Use Officer.  The notice will be communicated to the agency in writing, detailing the problems, suggesting action by the using agency, and informing the agency of the penalty for non-compliance.

 

b)         It shall then be the responsibility of the agency head to remedy the deficiencies or justify non-compliance.  Failure to do so may result in repairs at CMS discretion, replacement of the vehicle with a more suitable vehicle, or recall of the vehicle, as the situation warrants.  No such action will be taken without full opportunity for affected agency input.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.370  Exceptions to Use Rules

 

Vehicles operated by sworn enforcement personnel engaged in duties of an enforcement nature are exempt from the reporting requirements of Sections 5040.320 and 5040.340 of this Subpart, Use of Vehicles.

 

(Source:  Amended at 4 Ill. Reg. 30, p. 1225, effective July 1, 1980)

 

Section 5040.380  Motor Pool (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 16839, effective July 25, 2014)

SUBPART D: MAINTENANCE

 

Section 5040.400  Maintenance of Vehicles

 

All state-owned (including federally funded vehicles) or leased vehicles which fall under this Part shall undergo regular service and/or repair in order to maintain the vehicles in road worthy, safe, operating condition and appropriate cosmetic condition. Driver should check oil, coolant, and battery water levels (if possible) regularly, such as at each refueling.

 

Section 5040.410  Scheduled Inspection and Maintenance

 

a)         Agencies shall have vehicles inspected by CMS or an authorized vendor at least once per year or as required by law and shall maintain vehicles in accordance with the schedules provided by CMS or with other schedules acceptable to CMS that provide for proper care and maintenance of special use vehicles.

 

b)         Odometer:  Each agency is responsible for the immediate repair and/or replacement of a malfunctioning odometer.  In the event a new odometer is required, one of the following conditions must be met:

 

1)         If a new odometer is installed and the current vehicle mileage is shown on the odometer, no further action is necessary.

 

2)         If a new odometer is installed and the mileage is left at zero, the DOV Manager must be notified immediately, in writing, so that the appropriate information can be entered on the vehicle's title and replacement odometer.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.420  CMS Garages

 

a)         All maintenance and repairs to State vehicles shall be performed at CMS garages with the exceptions allowed in subsection (b).

 

b)         Exceptions:  CMS may authorize repairs by private vendors in the following situations:

 

1)         CMS garage is unable to perform the needed services.

 

2)         CMS garage is remote from the vehicle requiring repairs, and it is inefficient to obtain repairs at the State garage.

 

3)         Repairs are needed in an emergency situation.

 

c)         Authorization:  Authorization except in an emergency must precede any repairs.  No automotive repair work will be authorized for direct payment unless prior authorization has been obtained from CMS.  Authorization may be obtained by calling the 24 hour phone number listed in the CMS Vehicle Operator's Instructions found in each vehicle or on the reverse side of the credit card.  Reports of emergency repair work must be made in writing and sent to DOV within 5 working days after the repairs are completed.  A copy of the repair invoice must accompany the emergency repair report.

 

d)         CMS establishes contracts for passenger and other vehicle repair vendors. Executive agencies should contact the nearest State garage for approval to obtain vendor repairs.

 

e)         To address unsatisfactory repairs or service, the operator of the vehicle or other agency personnel, as appropriate, should return to the DOV State garage and review the problem with the CMS supervisor.  If the problem is unresolved after this action is taken, the Shop Supervisor will refer the issue to DOV management who will discuss and resolve it with the Agency Vehicle Coordinator/Vehicle Use Officer.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.430  Warranty Work

 

Warranty work shall be performed by a CMS garage or in a manufacturer's authorized service center as directed by CMS.  In determining whether the work should be done in-house, DOV shall consider the effect on the State garage, State garage capabilities, location of the vehicle and other such factors.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

SUBPART E: MISCELLANEOUS

 

Section 5040.500  Driver Requirements

 

All drivers of state-owned or leased vehicles must possess a valid driver's license appropriate for the vehicle being driven.

 

(Source:  Amended at 9 Ill. Reg. 13720, effective August 21, 1985)

 

Section 5040.510  Insurance

 

The State of Illinois self-insured motor vehicle liability plan ("Plan") provides coverage to vehicles driven by State employees in the scope or course of their employment. Agencies with questions regarding the Plan, or regarding insurance coverage for vehicles driven by employees, may contact the CMS Auto Liability Supervisor at 217-782-0202. 

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.520  Accidents Report Procedures

 

a)         The driver of any vehicle that is involved in an accident of any type while he or she is within the scope or course of his or her employment shall report the accident to the appropriate law enforcement agency, the CMS Auto Liability Unit, and, if a State agency owns the vehicle, to that agency by completing the "Motorist's Report of Illinois Motor Vehicle Accident" form (SR-1, available at http://www.state.il.us/cms/download/pdfs/emp_almtrrep.pdf).

 

b)         Form SR-1 is to be used for all automobile accidents.  These forms will be available from the Unit or as follows:

 

1)         Furnished by a State trooper, if one investigates the accident.  In this event, the Trooper's form should be used.

 

2)         From the agency insurance representative.

 

c)         Form SR-1 is to be completed, as nearly as possible, in its entirety, including a clear description of the accident and the conditions surrounding the accident.

 

d)         When possible, the name of the other party's insurance company and the insurance company's address should be secured and entered on the Form SR-1 in any available space, clearly indicating the nature of the information.

 

e)         Copies of the Form SR-1 should be distributed as follows:

 

1)         Original to Illinois Department of Transportation.

 

2)         Copy to the State's insurance carrier.

 

A)        Name, address and phone number can be found by calling the Auto Liability Unit at 217/782-0202.

 

B)        Any questions regarding this procedure should be directed to the Unit.

 

3)         Copy to DOV for vehicles owned by CMS only.

 

4)         Copy to be retained by the employing agency of the driver who was involved in the accident.

 

f)         In the space on the Form SR-1 calling for policy number, place name of insurance carrier and contract number.  This number applies only to State-owned vehicles.

 

g)         In all cases in which there has been a personal injury as a result of motor vehicle accident, or if there has been serious property damage, call the current insurance office (collect, if necessary) at 217-782-0202.  A telephone call does not relieve the driver of the requirement of completing the Form SR-1.

 

h)         For accidents other than those described in subsection (g), the Form SR-1 is to be completed as soon as possible and submitted to the office of the current insurance carrier.  In no case is this report to be completed later than 3 days following an accident.  If the State driver is incapable of completing the report because of death or disability, the driver's supervisor should complete the form.

 

i)          In all cases, the completed SR-1 must be received by the Unit no later than 7 calendar days following the accident or the driver and agency risk forfeiture of coverage under the State's auto liability plan.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.530  Tickets

 

The driver of a State-owned or -leased vehicle is responsible for immediately reporting to the vehicle coordinator for his or her agency all citations for moving or parking violations received by the driver.  Citations received due to mechanical defects are the responsibility of the agency assigned the vehicle.  Otherwise, employees must pay fines and costs associated with the moving or parking violation.  Once notified, agencies are responsible for tracking any State vehicle-related fines and associated costs, and ensuring that their employees promptly pay any required fines and associated costs.  In cases in which employees who have incurred violations cannot be identified by the agency or are no longer employed by the State, agencies may, in their discretion, pay fines and associated costs in connection with the violations, including fines and costs incurred in prior fiscal years.  If the agency can identify with reasonable certainty the relevant former State employee who incurred the citation, the State shall pursue reasonable efforts to require the former employee to pay the fines and costs directly.  Employees who fail to promptly report citations for moving or parking violations, or to pay fines and associated costs as required, may be subject to discipline, up to and including discharge.

 

(Source:  Amended at 42 Ill. Reg. 7672, effective April 11, 2018)

 

Section 5040.540  Credit Card

 

a)         CMS Fleet Cards are utilized for fuel purchases and repairs performed at CMS garage and fueling sites.  CMS Fleet Cards or CMS approved Vendor Fleet Cards are utilized for outside purchases of full tanks of fuel.  Repairs and maintenance require prior CMS approval.  Exceptions to this requirement are minor repairs and services, including lube, oil and filter; windshield wiper replacements; light bulbs and headlights; and vehicle washes.  Additionally, emergency towing and/or emergency tire repair are approved purchases.  Emergency repairs and maintenance require approval by CMS the next business day.

 

b)         CMS Fleet Cards are assigned to equipment when placed in service by DOV.  CMS will recover the cost of administering Fleet Card services in its rates.

 

c)         Any State employee involved in the unauthorized use of a CMS or a Vendor Fleet Card may be subject to discipline or criminal prosecution, or both.

 

d)         Agency Vehicle Coordinators/Vehicle Use Officers are responsible for ordering Vendor Fleet Cards and for maintaining inventory control of Vendor Fleet Cards for agency equipment, utilizing CMS' vendor on-line systems and formats.

 

e)         Personal Identification Numbers (PIN) for Vendor Fleet Cards are required for accountability and to prevent theft and abuse.  A PIN is required for each vehicle or driver that maximizes the vendor's system security capabilities.

 

f)         Drivers are responsible for recording accurate mileage information on all Fleet Card transactions.

 

g)         Lost, Stolen or Damaged Fleet Cards

 

1)         Drivers are responsible for the appropriate use of and security of both the CMS and Vendor Fleet Cards once received.  Drivers are also responsible for reporting damaged, lost, expired or stolen CMS and Vendor Fleet Cards to their Agency Vehicle Coordinator/Vehicle Use Officers immediately.  In the case of expired or damaged cards, upon receipt of replacement cards, drivers are responsible for sending the card being replaced to the Agency Vehicle Coordinator/Vehicle Use Officers.

 

2)         Agency Vehicle Coordinators/Vehicle Use Officers must document to CMS a vehicle's lost, stolen or damaged CMS Fleet Card for replacement.

 

3)         The Agency Vehicle Coordinator/Vehicle Use Officers must notify the Fleet Card vendor immediately to cancel a Vendor Fleet Card that is lost or stolen.

 

h)         CMS may, from time to time, establish limits on CMS and Vendor Fleet Card purchases based on criteria including tank capacity, historic and anticipated needs, and market rates for fuel and service.  Exceptions may be granted on a case-by-case basis for reasons including extraordinary operating needs, extraordinary economic circumstances and emergency use.

 

i)                   Agencies are required to utilize Vendor Fleet Card exception report capabilities and establish internal procedures for addressing issues identified through these reports.  Exception report capabilities, as applicable, can include, but are not limited to, purchases that exceed transaction limits, fuel purchases greater than fuel tank capacities, excessive number of purchase transactions per day, and purchases of a fuel type inconsistent with the vehicle being operated.  In addition, agencies are required to use any other available exception report capabilities that prevent theft and abuse.

 

j)          CMS establishes twice annual reporting criteria, including card abuse reporting, for this purpose.  Agencies shall report the results of exceptions review to CMS on July 1 and January 1 of each year, in the form specified by CMS.  Agencies shall report the division, date, time, equipment number, license number, driver's name, merchant's name, merchant city, transaction amount, exception issue and the resolution.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.550  Gasoline Purchase

 

a)         Purchases of fuel, oil, and related items for the operation of State-owned equipment must be made from the most economical source. Unleaded gasoline (with ethanol blended in, often called Gasohol) shall, however, be used where available.  Employees are required to use E-85 (85% ethanol) and bio-diesel when operating flexible fueled and diesel powered vehicles in the State fleet, whenever practical.

 

b)         If there is a State-owned garage or State-owned service station within a reasonable distance, the driver should make purchases at this source.  State service stations are available on the State of Illinois Enterprise web at http://www.intra.state.il.us/poliproc/vehicleguide.pdf.

 

c)         If a State-owned garage or State-owned service station is not conveniently located, an appropriately located privately operated station with a self-service island shall be the source of purchase, except when the driver is physically unable to operate a self-service pump.

 

(Source:  Amended at 30 Ill. Reg. 4587, effective March 1, 2006)

 

Section 5040.560  Charges

 

CMS shall charge each agency a fee for the agency's use and/or lease of State vehicles. In addition, CMS shall charge each agency for any costs associated with the maintenance, repair, management and/or replacement of such vehicles.  Such fees and costs shall be related to the costs incurred by CMS in connection with the purchase, maintenance and management of the State's vehicle fleet.  DOV rates shall be published on the DOV Home Page (accessible to Agency Vehicle Coordinators/Vehicle Use Officer) annually or as changes occur.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.570  Payment of Charges

 

Payment from using agencies is due within 45 days after receipt of invoice from CMS.  Chronic failure to submit a voucher in the allotted time or chronic late payment  may result in suspension of credit card, repair, or vehicle use privileges if the agency fails to take steps to correct payment problems.  No such action will be taken without first notifying the agency head of the problem.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.580  Credits

 

From time to time it may be necessary for CMS to issue credits against invoices billed to agencies.  Agencies are to pay invoices upon receipt.  Credits issued by CMS shall be applied against subsequent invoices.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.590  Cost Information (Repealed)

 

 (Source:  Repealed at 13 Ill. Reg. 13829, effective August 22, 1989)

 

Section 5040.600  Designation and Role of the Agency Vehicle Coordinator/Vehicle Use Officer

 

a)         Using agencies are required to designate to DOV an individual (or individuals in agencies with large fleets) to serve as Agency Vehicle Coordinators/Vehicle Use Officers who will act as the primary liaison with CMS in matters relating to vehicles, including, but not limited to, acquisition, maintenance and administration under this Part.

 

b)         The individual or individuals designated as Agency Vehicle Coordinators/Vehicle Use Officers shall be trained by DOV in efficient fleet management practices and fleet policy.

 

c)         Responsibilities of Agency Vehicle Coordinators/Vehicle Use Officers include:

 

1)         assisting the respective State agency in the drafting of vehicle use policies;

 

2)         developing, distributing, publishing and implementing internal agency policies as required in Section 5040.300;

 

3)         communicating CMS' and agency vehicle fleet rules, regulations and policies to agency personnel;

 

4)         tracking internal agency vehicle inventory and location record keeping;

 

5)         implementing and overseeing agency vehicle logs, and monitoring and managing the efficient utilization of agency vehicles relative to breakeven mileage requirements and cost efficiency;

 

6)         overseeing vehicle maintenance, repair, fuel and cost data;

 

7)         tracking vehicle assignment and use; and

 

8)         submitting reports to CMS in a timely manner, and in the format requested, according to all applicable rules in this Part.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.610  DCMS Annual Statement (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.620  Required Forms and Information

 

All forms required for compliance with this Part and other information may be obtained from the Department by Agency Vehicle Coordinators/Vehicle Use Officers on the DOV website.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.630  Agency Signature Authority

 

No signature other than that of the agency head of the requesting agency shall be honored unless the agency head has delegated signature authority to one or more persons.  The agency head shall file the delegation, along with any restrictions, with DOV.

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)

 

Section 5040.700  Rate Schedule

 

Rates for the following are published by CMS annually or as changes occur through distribution to Agency Vehicle Coordinators/Vehicle Use Officers and on DOV's website.

 

a)         Vehicle usage or maintenance feesb) Labor ratesc)   Annual fleet management fees

 

(Source:  Amended at 38 Ill. Reg. 16839, effective July 25, 2014)