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Driving Record Policy

Use of Driving Records in Evaluating Candidates for Employment

Issued May 19, 2014

Policy/Procedure Number 2.13

1. PURPOSE

The purpose of this Policy is to guide the Authority in evaluating the driving record information of qualified prospective candidates for employment in positions that require the incumbent to operate an Authority vehicle or any vehicle on Authority business.

2. SCOPE

This Policy applies to individuals who are candidates for employment, on or after May 19, 2014, in positions that require the incumbent to operate a revenue generating Authority vehicle, a non-revenue generating Authority vehicle, or to operate any vehicle on Authority business.

3. DEFINITIONS

At-Fault Accident

An "At-Fault Accident" refers to any motor vehicle accident where the licensee was determined by a court, state agency and/or insurance company to be more than 50% atfault for causing the accident.

Authority Vehicle

An "Authority Vehicle" includes, but is not limited to, Authority buses, light rail and heavy rail or trams, trucks, cars, sport utility vehicles, hi-rail equipment, construction equipment, vans and forklifts, and vehicles in the motor pool. Authority vehicles also include vendor's vehicles to the extent that they may be operated by Authority employees.

Automobile Law Violation

The term "Automobile Law Violation" shall be synonymous in meaning and equal in scope to the definition contained in M.G.L. c. 90C, §1.  This term encompasses any convictions, findings of responsibility, guilty pleas, and/or admissions to sufficient facts, including a continuance without a finding ("CWOF"), for both criminal and civil motor vehicle violations.  It does not include a violation of any rule, regulation, order, ordinance or by-law regulating the parking of motor vehicles.

Major Traffic Law Violation

The term "Major Traffic Law Violation" shall refer to any convictions, findings of responsibility, guilty pleas, and/or admissions to sufficient facts, including a continuance without a finding ("CWOF"), for each of the major traffic law violations listed in Appendix A, at 211 CMR 92, including, but not limited to, driving to endanger or reckless driving, operating under the influence of liquor or narcotics, operating after revocation of license and vehicular homicide.

Non-Renewable Status of License

"Non-Renewable Status" means that a driver's license is not eligible for renewal because the licensee is in violation of an applicable rule, regulation and/or policy governing the renewal of driver's licenses in the jurisdiction where the license was issued.

Non-Revenue Vehicle Operator

A "Non-Revenue Vehicle Operator" is an Authority employee whose regular job responsibilities include operating a non-revenue generating Authority Vehicle. An employee is not a Non-Revenue Vehicle Operator if his or her job responsibilities include operating a revenue generating Authority Vehicle. Examples of Non-Revenue Vehicle Operators are listed in Schedule A below.

Occasional Driver

An employee is an "Occasional Driver" if his or her job responsibilities include operating, from time to time, on an irregular basis, a non-revenue generating Authority Vehicle.   An employee is not an Occasional Driver if his or her job responsibilities include operating a revenue generating Authority Vehicle.  An employee also is not an Occasional Driver if his or her regular job responsibilities include operating a non­ revenue generating Authority Vehicle.

Revenue Vehicle Operator

A "Revenue Vehicle Operator" is an Authority employee whose job responsibilities include operating a revenue generating Authority Vehicle.  Examples of Revenue Vehicle Operators are listed in Schedule A below.

4. POLICY

This Policy contains driving record standards for candidates for hire, on or after May 19, 2014, for Revenue Vehicle Operators, Non-Revenue Vehicle Operators or positions that require the incumbent to be an Occasional Driver.  The driving standards are different for each category of employment. See Section IV. B., C and D.

General Guidelines for Evaluating Driving Record Information

All candidates for employment as a Revenue Vehicle Operator, Non-Revenue Vehicle Operator, or a position that requires the incumbent to be an Occasional Driver, shall provide the Human Resources Department ("HR") with a list of all jurisdictions or states in which the candidate resided for the most recent ten (10) years, starting with the candidate's present jurisdiction or state.  Candidates also are required to provide a driving record for each jurisdiction or state in which the candidate is or was licensed to drive for the past ten (10) years.

Should a candidate choose not to provide the requested driving record, he/she shall not be further considered for employment.

If the Authority intends to exclude a candidate from consideration for employment based on the candidate's driving record information, the candidate will be notified as soon as possible, and, in any event, before the decision becomes final.

Specific Guidelines for Evaluating Driving Record Information/History for Revenue Vehicle Operators

A candidate for Revenue Vehicle Operator will not be considered for further employment with the Authority if he/she has a driving record containing any of the following:

  • An Automobile Law Violation(s) within the past 2 years;
  • An At-Fault Accident within the past 2 years;
  • A Major Traffic Law Violation within the past 5 years;
  • A license suspension in the past 5 years that resulted from one or more Automobile Law Violations;
  • Any license suspension resulting from a drug conviction (codified in Massachusetts at M.G.L. c. 90 Section 22) within past 10 years;
  • A conviction, a guilty plea, an assignment to a 24D program or a driver alcohol education program as an alternative disposition on a DWI charge, or a finding of responsibility or a continuance without a finding ("CWOF") of Driving Under the Influence ("DUI"), Driving While Intoxicated ("DWI"), Operating Under the Influence ("OUI") or like violations in other states or jurisdictions within the past ten (10) years;
  • A refusal of a breathalyzer test in the past 10 years;
  • An Interlock restriction on his/her driver's license in the past 10 years; or
  • A conviction of motor vehicle homicide.

Specific Guidelines for Evaluating Driving Record Infonnation/History for Non­ Revenue Vehicle Operators

A candidate for Non-Revenue Vehicle Operator will not be considered for further employment with the Authority if he/she has a driving record containing any of the following:

  • More than 1 Automobile Law Violation(s) within the past 3 years;
  • More than 1 At-Fault Accident within the past 3 years;
  • A Major Traffic Law Violation within the past 5 years;
  • A license suspension within the past 5 years that resulted from one or more Automobile Law Violations;
  • Any license suspension resulting from a drug conviction (codified in Massachusetts at M.G.L. c. 90 Section 22) within past 10 years;
  • A conviction, a guilty plea, an assignment to a 24D program, a driver alcohol education program as an alternative disposition on a DWI charge, or a finding of responsibility or a continuance without a finding ("CWOF") of Driving Under the Influence ("DUI"), Driving While Intoxicated ("DWI"), Operating Under the Influence ("OUI") or like violations in other states or jurisdictions within the past 10 years;
  • A refusal of a breathalyzer test within the past 10 years;
  • An Interlock restriction on his/her driver's license within the past 10 years;  or
  • A conviction of motor vehicle homicide.

Specific Guidelines for Evaluating Driving Record Information/History for Occasional Drivers

If a candidate for employment in a position that requires the incumbent to be an Occasional Driver is hired by the Authority, the employee will not be permitted to operate a vehicle on Authority business if his/her driving record contains any of the following:

  • A Major Traffic Law Violation within the past 5 years;
  • Any license suspension resulting from a drug conviction (codified in Massachusetts at M.G.L. c. 90 Section 22) within past 5 years;
  • A conviction, a guilty plea, an assignment to a 240 program or a driver alcohol education program as an alternative disposition on a DWI charge, or a finding of responsibility or a continuance without a finding ("CWOF") of Driving Under the Influence ("DUI"), Driving While Intoxicated ("DWI"), Operating Under the Influence ("OUI") or like violations in other states or jurisdictions within the past 5 years;
  • A refusal of a breathalyzer test within the past 5 years;
  • An Interlock restriction on his/her driver's license within the past 5 years; or
  • A conviction of motor vehicle homicide.

Pending Cases

The standard driving record may contain information concerning open or pending cases. If a driving record inquiry results in the discovery of a pending case(s), HR will, by letter sent to the candidate's address of record, instruct the candidate to obtain and deliver to the Authority a letter from the appropriate Registry of Motor Vehicles or a court certified and numbered docket indicating final disposition(s) of all pending cases.

In the event that the candidate is unwilling or unable to provide the final disposition(s) for all matters within 10 business days, the Authority will presume that the final disposition is one that is unfavorable to the candidate in evaluating the candidate's driving record under this Policy.

​​​​​​​Non-Renewable Status of Driver's License for Candidates for Revenue Vehicle Operators, Non-Revenue  Vehicle Operators and Occasional Drivers

If any candidate for Revenue Vehicle Operator, Non-Revenue Vehicle Operator or a position that requires the candidate to be an Occasional Driver has a non-renewable status of his/her driver's license, the candidate will be required to obtain a "Non-Renew (NRE) Display Tickets for License" from the appropriate Registry of Motor Vehicles. Any unpaid fines listed on the "NRE Display Tickets for License" must be paid before the candidate can be hired. Proof of payment must be provided to HR within 15 days of the date on which  Human  Resources  so notifies  the  candidate.

Periodic Driving Record Information/History Review

The MBTA reserves the right to periodically check the driving records/histories and/or license status of its employees and to determine whether to take any action, up to and including discharge, based on its review of the employee's driving record/history

CONFIDENTIALITY

While personal information (such as addresses, social security numbers) in driving records is protected under the federal Driver Privacy Protection Act, driving histories are public records.

This policy has been approved by Beverly A. Scott, Ph.D.
General Manager and Rail & Transit Administrator

SCHEDULE A

Issued May 19, 2014

Policy/Procedure Number 2.13

Below are examples of Revenue Vehicle Operators and Non-Revenue Vehicle Operators.  Please note, the below list is not an exhaustive list of each category of employment.

Revenue Vehicle Operators

Job Lottery Positions

  • Part-time Bus Operator
  • Part-time Motorperson
  • Part-time Streetcar Motorperson

Non-Revenue Vehicle Operators

Job Lottery Position

  • Full-time Track Laborer

All Building & Construction Trades

  • SPP/Bridgeperson
  • Bridgeperson Inspector
  • SPP Carpenter
  • SPP/Cement Finisher
  • SPP/ B&T Hoist Engineer
  • Cable Splicer Helper
  • SPP/Asbestos Worker
  • SPP/Building Laborer
  • SPP/Mason
  • SPPI Sheetrnetal Worker
  • SPP/Painter
  • SPP/Pipefitter
  • SPP/Roofer
  • Upholsterer
  • Technician, AFC SR SYS-103 Technician, AFC  SYS-103
  • Cable Splicer A Wireperson
  • Cable Splicer B
  • Cableperson
  • SPP/Wireperson

Skilled trades

  • Local 3
    • SPP/Heating Plant Fireperson
  • Local 651
    • Blacksmith Welder
  • Local 264
    • Machinist (Class 570)
  • Local 104
    • SPP/1st Class Line Repairer
    • 2nd Class Line Repairer
    • SPP/Driver Groundperson
  • Local 717
    • 1st Class Electrical Worker
    • 2nd Class Electrical  Worker
    • Electrical  Worker  Helper,  3rd  Class

All civil service positions

  • Transit Police officers