SHWE YIN MAR CO., LTD

 

COMPANY VEHICLE USE POLICIES AND PROCEDURES

 

 

Purpose and Scope     

 

 

Win Thein & Sons may provide a company vehicle to you to be used solely for the purpose of transacting Win Thein & Sons business. A company-provided car, while intended for business use, may also be used for commuting to and from work and for personal use on an Emergency Basis Only. It is primarily to assist you in your job.

 

It is the Company’s aim to ensure all employees who have been provided with a Company vehicle are fully aware of their responsibilities, thus company has developed rules and regulations regarding the use of Company vehicles for work purposes.  Employees will be aware that vehicles are expensive resources.

 

This Policy is to ensure the safety of those individuals who drive company vehicles. Vehicle accidents are costly to our company, but more importantly, they may result in injury to you or others. It is the driver's responsibility to operate all vehicles in a safe manner and to drive defensively to prevent injuries and property damage.  As such the Company endorses all applicable state motor vehicle regulations relating to driver responsibility.  The Company expects each driver to drive in a safe and courteous manner pursuant to the following safety rules. The attitude you take when behind the wheel is the single most important factor in driving safely.

 

The following are the guidelines and procedures for the employees eligible for the assignment of the company vehicles.  Failure to follow these guidelines will result in the revocation of this privilege and or termination under some circumstances. 

 

 

Eligibility to Drive a Company Car

 

 

Company will provide the company owned vehicles to the eligible employees. Selecting the eligible employees for the use of company car is at the discretion of the company’s management and or Managing Director. Prior to vehicle assignment, selected employee must prove that he or she has a valid driver’s license which is not suspended or revoked in any state.  Likewise, eligible employee and spouse (if any), is to authorize the company access to his/her Motor Vehicle Report (MVR). 

 

The detail requirements (not exhaustive)

 

 

Driver Licensing

 

Company drivers and anyone authorized to drive the company vehicles must have a valid driver’s license issued in the state of residence for the class of the vehicle being operated and must be able to drive a vehicle. Obtaining a driver’s license is a personal expense.

 

and keep the license(s) with them at all times while driving. All CDL drivers must comply with all applicable D.O.T. regulations, including successful completion of medical, drug, and alcohol evaluations

 

 

 

 

 

Driver Qualifications

 

Driver qualifications are as follows:

 

1.         Authorized employee of company, employees, spouse or significant other.

 

2.         Must be at least 18 years of age.

 

3.         Have at least one year of experience in the class of vehicle operated.

 

4.         Must meet licensing requirements.

 

5.         Will not qualify for a company vehicle if, during the last 36 months, the driver had any of the following experiences:

 

•           Been convicted of a felony.

•           Been convicted of sale, handling or use of drugs.

•           Has automobile insurance cancelled, declined or not renewed by a company.

•           Been convicted of an alcohol- or drug-related offense while driving.

•           Had driver’s license suspended or revoked.

•           Been convicted of three or more speeding violations or one or more other serious violations.

•           Been involved in three or more chargeable accidents.

 

 

Withdrawal of Company Car Privilege

 

 

All employees operating a company owned vehicle are to follow the guidelines. The privilege of driving a company vehicle may be withdrawn or will be revoked, terminated for any of the following reason

 

 

1.       Abuse or misuse of the vehicle or failure to comply with the rules and procedures stipulated in this company policy

 

2.       A driving record which becomes deficient during the course of operating a company vehicle which, under certain circumstances, may be grounds for dismissal. 

 

3.       Conviction or a guilty plea to driving a company vehicle under the influence of alcohol or an illegal controlled substance

 

4.       If an eligible driver has a long-term disability, his/her assigned vehicle could be reassigned to another driver. Upon recovery from the disability and return to work, the driver maybe assigned another vehicle.

 

 

Driver Responsibilities

 

Eligible employees are responsible for driving their vehicle is a safe and reliable manner.  Employees must know and abide by all driving laws in all areas where they operate their company vehicle.  Additionally, employees must maintain a valid driver’s license.  If, for any reason, an employee’s driver’s license is revoked, suspended, or restricted, it is mandatory that the authorized person(s) be notified immediately.  Employee will also notify the authorized person(s) of any citations received while operation a company vehicle within (24) hours of the occurrence. 

 

Eligible employee will also be financially responsible for the cost of gasoline, oils, air, etc. unless the vehicle is used for business purpose.

Driving Records

 

Your personal driving record is a reflection of your overall driving habits, and directly affects our insurance costs. Your personal driving is your responsibility and our concern.

Motor Vehicle Records will be ordered periodically to assess driving records. An unfavourable record will result in the loss of company vehicle driving privileges or employment.

 

Safety Guidelines

 

The Company expects all employees to drive defensively during business and personal travel, to obey all traffic laws, and prohibits employees from driving under the influence of drugs and alcohol, including prescription drugs.  If an employee is taking prescription drugs on a doctor’s orders, he or she must immediately notify authorized person(s) if the drug(s) affect their driving ability.  Drivers and passengers must be aware of, and be able to identify, the symptoms associated with fatigue and respond by stopping to rest or changing drivers.     

 

It is mandatory that seat belts be used by all occupants of a company vehicle at all times without exception. It is the company driver’s responsibility to ensure that all occupants fasten their seat belts prior to operating the vehicle. Any malfunctioning seat belt should be reported for repair by the employee immediately. WTSC reserves the right to revoke the driving privilege of any driver not complying with this policy. In addition, Company vehicles should not be used to transport flammable items, firearms, or other hazardous materials.

Any failure or concern which affects the safe operation of the vehicle, i.e. Brakes, must be reported immediately to authorized person(s) and the vehicle must be place as ‘Out of Service’.

 

Driving is a full-time job. Avoid all distraction. Concentrate on the other driver by assuming that person will not do what is expected.

Roads are crowded. Consider all vehicles as potential accidents looking for a place to happen.

Beware when entering intersections. Always count to two before entering an intersection from a stoplight or stop sign.

Signal entry onto freeways and stay in the center or inside lane for ease of emergency maneuvering. Do not insist on the right-of-way. Assume the other driver will.

During winter driving, use caution as bridges are slippery and freeze before roads because they lack the warmth of the ground under them.

Drivers must operate a vehicle only at a speed appropriate to the road, traffic and weather conditions.

Prior to backing a vehicle with trailer, a large truck or tractor/trailer, the driver should get out of the cab and assess the area into which the vehicle is to be backed. Look for obstructions, low hanging electrical wires, tree branches, parked cars, pedestrians or people in the area and any potential for traffic to pass behind while backing. Roll down the window and turn off the air conditioner and radio while backing so any warning sounds can be heard. Try to obtain a “spotter” to help back into the space.

Use turn signals for parking, lane changes, and all turns in shopping and office center parking lots. Always keep a full level of windshield washer solvent.

Before night driving, wipe off your headlights.

If you are wondering whether or not you should turn on your headlights, turn them on.

Any loose articles (which may become lethal projectiles or a distraction if the vehicle is stopped suddenly) are to be securely restrained.  The employee also acknowledges and agrees to operate the vehicle in such a manner that will not expose the company to excessive liability or risk.

 

 

Cell Phone Usage

 

 

Unless the hands-free system is fitted, the driver must avoid using the mobile phone while driving.  Under no circumstance, the driver must not text or message on mobile phones, tablets nor any other devices while driving or stopping at traffic lights. 

 

·         Keep cell phone and blue tooth off while the vehicle is moving.

·         Allow voicemail to handle your calls and return them when safe.

·         If you need to place or receive a call, pull off the road to a safe location and stop the vehicle before using your phone.

·         Ask a passenger to make or take the call.

·         Inform regular callers of the best time to reach you based upon your driving schedule.

·         Under no circumstances is texting while driving allowed.

 

Prohibited Usage of Company Vehicle

 

The company prohibits:

 

1.       The usage of company owned vehicle in family vacation

 

2.       Not to use vehicle outside (area) unless approved by the management.

 

3.       The transport of a hitchhiker or stranger.This policy must be observed for the protection of the associate(s) and the company

 

4.       The use of a company car for any business venture other than that relating to the duties and responsibilities of the company

 

5.       The acceptance of any form of compensation from any individual for carrying passengers or material

 

6.       Carrying any flammable items, firearms, hazardous substances, dangerous chemicals or goods (as defined by law) in a company car whether it is in motion, parked or being repaired, unless such hazardous materials are ordinarily handled by the company as part of normal business operations. Non-hazardous materials transported in a company vehicle or in any vehicle while on company business that may potentially cause injury because of sudden impact must be properly secured.

 

7.       Loaning the company owned vehicles to any other employees in the company unless such employee is already pre-approved by the company

 

8.       Employee to smoke in a company vehicle or permit others to do so

 

9.       Using the company owned vehicles to push or tow another vehicle

 

10.   The employee to duplicate the company owned vehicle keys

 

11.   Firearms or other weapons are not allowed on owned or leased company vehicle, Possession of weapons on company property by anyone other than a licensed law enforcement officer is grounds for termination.

 

12.   Under no circumstances should radar detectors, laser detectors or any other radar-detecting devices be used in a company vehicle

 

 

Personal Use of a Company Vehicle

 

Company vehicles are to be used primarily for Company business however, limited personal use is allowed for certain personnel with prior approval.  Spouse may also operate the assigned company vehicle provided that they are over 25 years old. The personal use privilege is not extended to children, parents, in-laws, brothers or sisters, or to any other person.  The eligible employee is required to provide to the company their spouse’s particular including a copy of the valid driving license providing that he or she needs to drive the vehicle.  In addition, all rules and procedures outlined in the Company Vehicle Use Policies and Procedures handbook apply to an employee’s spouse while operating a company vehicle. It is the employee’s responsibility to ensure that these rules and procedures are adhered to by his/her spouse.

 

 

Traffic Violations

 

 

Excessive speeding violations and/or accident history may exclude a driver from being covered by company-provided insurance and may make them ineligible to receive a company-provided vehicle.

 

Should you, for any reason, receive a summons for a traffic violation or a parking ticket, you must inform [authorized person(s)] within the (24) hours of the occurrence and pay it as soon as possible.  Only employee alone will be financially responsible for all the traffic or parking fines while operating the company owned vehicle.

 

Likewise, eligible employee will be solely responsible for any deductible in the event an accident is deemed avoidable. If the accident is determined to be preventable, the driver will be required to complete a recognized Driver Training Course within 60 days, at his/her own expense.  All accidents must report to authorized person(s) within (12) hours of the occurrence and Company specifically excludes liability for any personal injuries, or third party personal or property damage arising from the incident with the exception of where this exclusion may be held as unlawful, in which case the exclusion will apply to the limit allowed by the law. 

 

A driver with three (3) moving violations or any combination of three accidents and/or moving violations within a [one]-year period will be prohibited from driving a company vehicle.  Any driver (eligible employee and spouse) with a violation associated with alcohol or drugs will be prohibited from driving a company car.  This type of violation may also be grounds for immediate termination at the discretion of management.

 

Additional

 

Minor violations include: Three minor violations within a 12-month period or five minor violations during a three-year period will result in loss of company-provided vehicle and losing the privilege of driving on company business, in any manner. It may also subject you to further disciplinary action, including possible employment termination.

·         Speeding less than 25 mph over the limit

·         Failure to wear seat belt

·         Failure to stop at a stop sign or stop light

Major violations include: If you receive a major driving violation conviction, it will result in loss of company-provided vehicle and you will lose the privilege of driving on company business in any manner. It may also subject you to further disciplinary action, including possible employment termination.

·         Driving under a suspended or revoked license

·         Hit and run or leaving the scene of an accident

·         Vehicle theft due to negligence (including failure to park the vehicle in a secure, well-lit area or parking garage, failure to lock doors, leaving keys in plain view, or leaving a vehicle running while unattended)

·         Vehicular manslaughter, homicide or assault arising out of the operation of a motor vehicle

·         Use of false motor vehicle documents, such as license or registration

·         Failure to obey school crossing guard or any school bus violation

·         Passing on the wrong side, on a hill or where prohibited

·         Reckless, careless or negligent driving

·         Driving on the wrong side of a divided highway

·         Participating in racing or a speeding contest

·         Driving while under the influence of alcohol, even if under the legal limit; driving while intoxicated at the legal limit or above; and/or driving while under the influence of drugs, whether prescription drugs or any controlled/illegal substances

·         Implied consent or refusing the test

·         Speeding more than 24 mph over the limit

·         Eluding a police officer

·         Failure to keep an acceptable motor vehicle record

 

Company-provided vehicle privilege or driving on company business in any manner may be reinstated after 12 months from the date of loss of privilege, provided a clean driving record (no moving violations or at-fault accidents) has been maintained, at the discretion of management.

 

Vehicle Maintenance

 

Every driver of a company vehicle is expected to maintain his or her assigned vehicle in a safe operating condition. This includes having the vehicle serviced at a regular service interval by a qualified mechanic.  The company will reimburse the employee for the cost of vehicle maintenance providing there are receipts and invoices only at certain conditions.  However, the reimbursement will not include for the repairs and maintenance providing that the situation is avoidable

 

Never leave a company vehicle at a service facility without specific instructions as to what work needs to be done.  Should any special maintenance is required, It is the employee’s responsibility to call authorized person(s) for pre-approval.

 

Neglecting to maintain a vehicle could result in the driver being charged for any resulting repairs. Unusual wear and tear above industry average or neglecting to maintain your company-provided vehicle may result in the loss of your vehicle and further disciplinary action.

It is the driver’s responsibility to have the scheduled maintenance performed at the designated intervals to ensure maximum vehicle performance for safety, operating efficiency and extended life of the vehicle:

·         change oil according to manufacturer’s suggested maintenance schedule

·         Keep tires inflated to the proper PSI rating

·         Have tires rotated every 10,000 miles

·         Frequently inspect belts and hoses for cracks, leaks or loose fittings

Driver safety checklists should be performed in writing at least once per month. Drivers should inspect all safety related equipment, including headlights, taillights, brake lights, turn signals, running lights, license plate lights, etc. Also, check tire tread for proper tread depth, windshield wipers and horn operation.

 

Garaging/Parking
 

The company driver is responsible for ensuring all necessary precautions are taken to prevent damage and theft of the company vehicle and/or its contents at all times.

 

Whenever you leave a company vehicle, follow these precautions:

 

·         Roll up all windows

·         Lock all doors

·         Do not leave merchandise and equipment in open view inside a car, which may tempt a break-in

·         Lock all valuable items inside the trunk when the vehicle is left unattended

·         When traveling outside your residential area, whether on personal or company business, make sure to take reasonable precautions to safeguard the vehicle and its contents

·         When possible, select an off-street, lighted area close to a business or hotel entrance where normal police surveillance or security protection exists

 

During the any period of the suspension of the license, the eligible employee must return the vehicle for the garaging on the company’s designated premises.

 

Modification of The Car

 

No bumper or window stickers should be affixed to a company vehicle unless prior consent is received from the company

 

Under no circumstance, any part of the company owned vehicle, including but not limited to Odometers, Vehicle Engine Parts and System, Car Stereos System such as CD players, Car Air Conditioning Systems and Navigation Systems, is tampered, replaced or upgrade without the prior authorization of the [authorized person(s)].  

 

It is employee responsible to ensure that there is no such modification is done without the prior consent of the authorized person(s)

 

Any employee who knowingly and wilfully commits any of the items listed above is liable to be revocation of this privilege or the termination and company may pursue available civil remedies.

 

What to Do In Case of An Accident

 

·         All accidents, no matter how seemingly inconsequential, must be reported to the authorized person(s)

·         A Company accident reporting form must be filled out as completely and as quickly as possible for submission to the [authorized person(s)]

·         If the employee grants permission for someone to drive their assigned vehicle other than their spouse, the employee will be considered financially responsible for all damages and vehicle repairs

 

 

 

 

 

 

Stolen Vehicle

 

If your company vehicle is stolen, report the theft immediately to the local police and to the authorized person(s).  Obtain a copy of the police report filed.  Maintain one copy for your personal files and submit another to the authorized person(s).  Any attempted break-in or theft of items from a company vehicle must be reported to the local police department.  The Company requires that the following information be provided to the authorized person(s):

 

·         the name, title and precinct number of the police officers responding to your call

·         A list by model and serial number of any equipment which was stolen

·         The date and location of where the theft occurred

 

 

How to Report an Accident

 

 

In the event that you are involved in an accident, it is necessary to follow the procedure outlined below:

 

·         If anyone is hurt, call for medical assistance

·         Immediately following an accident, stop and investigate what damage might have occurred to the vehicle

·         Get the names and addresses of the owner(s) and driver(s) involved, license number and registration number of the car(s) involved and the names and addresses of any passengers in the vehicles connected with the accident

·         Get the name of the other party’s insurance company and insurance policy number, if any

·         Get the names and addresses of witnesses, if any

·         If law enforcement officers are present at the scene (police officer, traffic police, etc.), note their names, title and precinct numbers.

·         If no police officers are present, try to have one called to the scene of the accident

·         Express no opinion as to who was at fault

·         Give no information except as required by law enforcement officers

·         Sign no statements for anyone except an identified representative of the insurance company covering the assigned company vehicle

·         Contact the [authorized person(s)] within the first 24 hours preceding the accident so a preliminary accident report may be taken

·         Keep a copy of the company’s authorized accident reporting form for your records

·         Complete all reports required by local law enforcement.

·         If you need help in completing these reports, request help from your local police department or [authorized person(s)]

·         If any demand, claims or summons is served to an associate involved in an accident asserting liability against the associate, contact the [authorized person(s)] immediately

·         If the collision involves an unattended vehicle, you must attempt to notify the owner. If that is not directly possible, attach a note to the vehicle asking the owner to contact you. Get the evidence that you have attempted to make contact with the owner, if possible.  For example, taking a photo of the note attached to the vehicle with your mobile phone camera.

 

If you are found to be under the influence of drugs or alcohol at the time of the accident, regardless of whether you are found at fault or not, your employment will be terminated.

 

There are NO EXCEPTIONS to the above requirements. Failure to comply with this procedure could have serious consequences for the Company and your association with the company.

 

 

 

 

I, _______________________, holder of valid Driver License Number_______________________, have read, understand and agree to above provisions authorizing me to drive the assigned company owned vehicle, the term vehicle could define as both car and motorbike.

 

A copy of the policy and driver rules have been furnished to me, over and above that I’ve received genuine vehicle inspection reports (which has been conducted before the actual handover of the vehicle to me), vehicle’s necessary documents such as vehicle license.

 

 

besides I will reiterate the important conditions for stronger assertion as below;

 

I fully understood & agreed to

 

1)      Repair, service and overhaul the vehicle at company approved work shop, on top of that I will only purchase and install the auto parts from company approved shop.

 

2)      Reimburse or restore the vehicle to working order at my own cost if its break or cease to function due to my negligence.

 

3)      Handover the vehicle in condition identical the first time I received it after my employment with the company

 

 I’ve fully acknowledge the terms and conditions set forth.  As a driver of a company vehicle, I understand that it is my responsibility to operate the vehicle in a safe manner and to drive defensively to prevent injuries and property damage.

 

Furthermore, I acknowledge that failure to follow the rules and regulations in the Company Vehicle Use Policies and Procedures will result the revocation of the privilege of the access to any of the company owned vehicles or termination. In addition, I undertake full liability of my assurance or affirmation and I give my sincere consent to the company to prosecute or indict me if I disregarded and failed to comply with the policies.

 

 

Signed by:

______________________                                                       _______________________

Employee Signature                                                                  Date

______________________

Employee’s Name

______________________

Designation

______________________

Department

 

In Witness of:

 

______________________                                                       _______________________

Witness’s Signature                                                                  Date

______________________

Witness’s Name

 

 

Approved by:

______________________                                                       _______________________

Authorized Signature                                                                Date

______________________

Authorized Person’s Name

 

In Witness of:

______________________                                                       _______________________

Witness’s Signature                                                                  Date

______________________

Witness’s Name

 

 

 

Company Accident Report ( Only when required)

Date of Loss (dd/mm/yyyy):____________________________Time of Loss: ____________________

Company Vehicle Involved:___________________ Yr. Make Model:___________________________

Location of Accident:_________________________________________________________________

Employee (Driver’s Name):___________________________Date of Birth:______________________

Address:_____________________________________________________________________________________________________________________________________________________________

Tel (Home):__________________________________Mobile:________________________________

Driving License Number:___________________ Date of Issue:___________ Expiry Date:__________

Description of Accident:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Damage on the Company Vehicle (where):______________________________________________

_________________________________________________________________________________

Police Report (Office and Location):____________________________________________________

Report Number:__________________________ Officer’s Name:____________________________

Report Date:______________________________ Report Time:_____________________________

Ticket (Yes/No).  If No,:______________________________________________________________

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Where is Vehicle?: __________________________________________________________________

Other Party

Driver Name ______________________________________________________________________

Address____________________________________________________________________________________________________________________________________________________________

Tel (Home): _________________ Tel (Office):____________________ Mobile:__________________

Insurance Co (if any): ________________________________________________________________

Vehicle License Plate:_______________________ Yr. Make Model:___________________________

Passenger’s Name_____________________________________ Injured Y or N?________________

Address___________________________________________________________________________________________________________________________________________________________

Passenger’s Name_____________________________________ Injured Y or N?________________

Address___________________________________________________________________________________________________________________________________________________________

Passenger’s Name_____________________________________ Injured Y or N?________________

Address___________________________________________________________________________________________________________________________________________________________

Passenger’s Name_____________________________________ Injured Y or N?________________

Address___________________________________________________________________________________________________________________________________________________________

 

 

Vehicle Usage Policies