Houston Fire Department Motor Vehicle Incidents PDF

HOUSTON FIRE DEPARTMENT SUBJECT: MOTOR VEHICLE INCIDENTS VOLUME NO. I ALL COMMANDS REFERENCE NO. 1-16 SECTIONS 1.00-7.04...

HOUSTON FIRE DEPARTMENT SUBJECT: MOTOR VEHICLE INCIDENTS VOLUME NO. I ALL COMMANDS REFERENCE NO. 1-16 SECTIONS 1.00-7.04 1.00 PURPOSE 1.01 To establish a standard method for the investigation, documentation, and review of motor vehicle incidents involving Houston Fire Department vehicles. 2.00 OBJECTIVES 2.01 To clearly define motor vehicle incident. 2.02 To ensure disciplinary equity in the administration of this guideline through standardized investigations of motor vehicle incidents. 2.03 To establish a review process of all motor vehicle incidents within the department in order to determine whether the employee caused, or could have caused, the motor vehicle incident, contributing factors and to recognize preventable measures. 2.04 Provide guidance to the Fire Chief regarding future fleet safety activities. 2.05 To comply with the City of Houston Administrative Policy 2-2. 3.00 DEFINITIONS 3.01 Business Days: Monday through Friday from 0800 hours to 1600 hours, excluding City holidays. 3.02 City Vehicle: A motor propelled device designed to transport or convey one or more persons, which is owned or leased by City, and assigned to the Houston Fire Department, including all licensed passenger cars, trucks, specialty vehicles, vans, buses, engine ladder trucks, motor-driven equipment, etc. A trailer, or other attached component, is considered part of a vehicle when the trailer or component is attached or connected to the vehicle. Watercraft, such as boats and jet skis, are not considered city vehicles under this guideline. 3.03 Driver: An employee who operates a City Vehicle or a privately-owned vehicle on City business. 3.04 Emergency Response: A response in a department emergency vehicle to a call requiring immediate and/or urgent medical care, rescue, and/or fire suppression by a member of the public. This also includes a response to any unexpected circumstance or condition at a certain point in time that poses a dangerous or serious condition to members of the public, necessitating immediate or urgent action. 3.05 Motor Vehicle Incident: A collision between a City vehicle or a privately owned vehicle being operated by a Driver on City business and another vehicle, person, property, or I-16 Motor Vehicle Crashes REVISED 03/16/2023 REVIEWED 7/20/23 Page 1 of 8  object; a City vehicle upset or upset of a privately owned vehicle being operated by a Driver on City business (e.g. a vehicle tipping or turning over); An incident involving a City vehicle or a privately owned vehicle operated by a Driver on City business that causes or results in personal injury to anyone or any damage to public/private property. This includes events where there is a collision which involves a City vehicle with no apparent or visible damage, where there is damage to public/private property but the property owner does not file a claim, or when there is no apparent or claimed personal injury. 3.05 Motor Vehicle Incident Packet: The envelope containing all forms required to be in every Houston Fire department vehicle. The packet contains the following 9 pages: 1. Motor Vehicle Incident Information Sheet 2. City of Houston Notice of Claim for Damages 3. Motor Vehicle Incident Checklist 4. Motor Vehicle Incident Reporting Policy 5. Form PD781 Driver’s Report of a Motor Vehicle Incident (3-Pages) 6. Form PD782 Supervisor’s Report of a Motor Vehicle Incident (2-pages) 3.06 Serious Bodily Injury: Bodily injury that creates or involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a bodily injury that causes death. 4.00 SCOPE 4.01 This guideline applies to all classified employees of the Houston Fire Department. 5.00 RESPONSIBILITIES 5.01 All responsibilities will be noted within the context of this guideline. 6.00 GUIDELINES 6.01 When a Motor Vehicle Incident occurs, the Officer and/or driver of the vehicle shall: A. Secure the Scene 1. Prevent any additional damage or injuries with the use of warning devices. 2. If the vehicle is moveable, move it out of the traffic flow to a safe area. 3. Protect the scene for investigation when the incident involves injuries and/or significant monetary damages. B. Check for Injuries: 1. Check fire fighters and civilians. 2. Call for assistance when needed. 3. Use available resources until assistance arrives. C. Notify the Office of Emergency Communications (OEC): 1. Give the correct location. 2. Request medical assistance if needed. I-16 Motor Vehicle Crashes REVISED 03/16/2023 REVIEWED 7/20/23 Page 2 of 8  3. Report the type of vehicle involved, the unit number, the shop number, and whether the vehicle is a reserve unit. D. Locate witnesses and write down the following information: 1. Name 2. Address 3. Telephone number 4. Date of Birth 5. Driver’s License number E. Complete the Driver’s Report of a Motor Vehicle Incident (Form PD781): 1. Complete the form in detail with accurate information, do not leave any blanks. 2. The form must only be completed by the driver. 3. Completed form will be given to the District Chief investigating the crash. F. Give the civilian driver a “Notice of Claims for Damages” information sheet G. Important items to remember: 1. Make no statement to anyone except an officer of the law, an HFD supervisor, or HFD staff personnel. 2. Do not offer any settlements. 3. Do not let any wrecker service pick up the City vehicle without approval from OEC or the driver will be responsible for the wrecker fee. 6.02 When any injury results from the motor vehicle incident, EMS shall be requested for injured parties. The City vehicle shall remain on scene until fire and police investigators have arrived. 6.03 When a motor vehicle incident occurs during an emergency response that does not involve injuries or significant damage: A. The employee in charge of the vehicle shall notify OEC and evaluate the situation to determine the priority for continuing the response or remaining at the motor vehicle incident scene. B. If the City vehicle is unable to remain at the motor vehicle incident scene, the “Motor Vehicle Incident Information Sheet” shall be left with the other party and the City vehicle will complete the emergency response. 6.04 Upon receiving notification of a motor vehicle incident involving a City vehicle, OEC shall notify: A. Police (Police will not be required when incidents involve only City property and there are no injuries) B. Shift Commander C. District Chief 1. The District Chief from the district in which the incident occurred or the equivalent ranking officer (if available) for incidents involving vehicles assigned to support areas will be notified and will respond to the incident scene (if within City limits) to investigate 2. If a District Chief’s vehicle is involved in an incident, the next closest in proximity District Chief shall be notified and respond to the incident scene (if within City limits) to investigate. I-16 Motor Vehicle Crashes REVISED 03/16/2023 REVIEWED 7/20/23 Page 3 of 8  3. If a Deputy Chief’s vehicle is involved in an incident, the next closest in proximity Deputy Chief or equivalent ranking officer shall be notified and respond to the incident scene (if within City limits) to investigate. 4. If the incident occurred outside City limits, OEC will have the discretion whether to send a District Chief to investigate based on factors including but not limited to, resource availability, anticipated out of service time, distance outside City limits, etc. 5. If OEC determines not to send a District Chief to investigate an incident occurring outside of City limits, OEC shall notify the appropriate law enforcement agency to investigate. D. Mechanic, if needed 6.05 Investigating District Chief/Officer Responsibilities: A. Ensure police respond to complete a report. (See 6.04 A.) B. Investigate the incident: 1. Complete the Supervisor’s Report of a Motor Vehicle Incident (Form PD782). The District Chief must complete this form; it cannot be information merely copied from the Driver’s Report of a Motor Vehicle Incident. 2. Take pictures of the collision. The pictures should include all damaged vehicles and/or property and pictures of the scene that are relevant to the incident. 3. Any Motor Vehicle Incident may result in a recommendation for drug testing. Any such recommendation will be based upon a determination by the District Chief due to unusual or extenuating facts/circumstances. 4. Require the driver of any moving City vehicle to receive alcohol and controlled substance testing if involved in a vehicle incident that results in any: (a) Bodily injury to any party involved that requires immediate medical treatment away from the scene (ie. EMS Transport). (b) Disabling damage to any vehicle that requires that vehicle to be towed away. (c) Fatality 5. Complete the required forms for post-accident testing and request an Incident Safety Officer to transport the HFD driver to be tested. (a) The tested employee cannot be put back to work doing a job that involves a safety impact role while awaiting test results. This includes all HFD classified employees and any non-classified employee with safety-sensitive job duties. (b) Refer to HFD I-06 Controlled Substance and Alcohol Abuse for subsequent requirements for post-accident testing. C. Email the Supervisor’s Report of a Motor Vehicle Incident, the Driver's Report of a Motor Vehicle Incident, and photographs to HFD – Accident Review at [email protected] within 72 hours of the incident. A copy should be made of the Supervisor’s Report of a Motor Vehicle Incident and kept for the District Chief’s records. D. Replace the Motor Vehicle Incident Packet of the City vehicle involved. Additional forms can be printed from the HFD Desktop. E. Contact the Shift Commander if necessary to replace injured personnel. I-16 Motor Vehicle Crashes REVISED 03/16/2023 REVIEWED 7/20/23 Page 4 of 8  F. In the event a malfunction of the vehicle’s components (i.e., brakes, steering) is suspected to have caused or contributed to the incident, the District Chief shall request a mechanic to report to the scene to verify that the vehicle is safe to operate before returning to service. G. District Chiefs shall not investigate any vehicle incident that s/he is involved in (driver or passenger) and must request the next closest in proximity District Chief to investigate. 6.06 Professional Standards Office Motor Vehicle Incident Review: A. The Motor Vehicle Incident Review Officer will: 1. Review all motor vehicle incident documentation received from the investigating District Chief/Officer 2. Determine whether the employee caused or may have caused the motor vehicle incident. 3. When it is determined that an employee caused or may have caused a motor vehicle incident, submit the motor vehicle incident information/determination to the Fire Chief or designee. 4. Notify the Departmental Review Panel Coordinator when the determination is made that an employee caused or may have caused a motor vehicle incident and a formal complaint has been filed by the Fire Chief or designee. B. Formal Complaint: 1. The Fire Chief or designee will issue a formal complaint to the named employee that s/he may be in violation of Houston Fire Department Rules and Regulations or Guidelines pertaining to motor vehicle incidents. 2. The named employee will also receive a 48-hour notice for a Motor Vehicle Incident Departmental Review meeting and a Form 1 Notice of Determination of Cause. 6.07 Appraisal Process of Vehicle Damages: A. In the event of a motor vehicle incident, the supervisor of the employee involved in the motor vehicle incident is prohibited from estimating the damages. Rather, the damages must be estimated by qualified department or city personnel who do not directly supervise the employee involved in the motor vehicle incident. Where necessary or appropriate to obtain an appraisal of damage, such appraisals shall be performed by the City’s outside independent appraiser or other qualified internal resource, if available. B. The Body Shop submits requests for vehicle damage appraisals to the Fleet Damage Estimator. C. After receiving the above appraisals, the Body Shop reviews appraisals for accuracy. D. Appraisals are then submitted to the Legal Department and the Motor Vehicle Incident Review Officer. 6.08 Motor Vehicle Incident Departmental Review: A. Motor Vehicle Incident Departmental Review Panel: 1. Shall be composed of three (3) members representing a cross-section of employees in the department, to include the Departmental Review Panel Coordinator, the HFD Health and Safety Officer, and another designated member from the rank of Engineer Operator or Captain or equivalent rank. I-16 Motor Vehicle Crashes REVISED 03/16/2023 REVIEWED 7/20/23 Page 5 of 8  2. An HFD Professional Standards Office Sr. Captain (or equivalent rank) shall be designated as the Departmental Review Panel Coordinator. 3. Panel members will receive training on this guideline and AP 2-2 and may also be trained on other issues that are helpful in fulfilling their tasks on an objective, informed basis, such as motor vehicle incident investigation training or other safety- related courses. Members are recommended to have a working knowledge of the National Safety Council’s “A Guide to Determine Accident Preventability.” 4. Shall convene no later than forty-five (45) calendar days after the date the Departmental Review Panel Coordinator receives notice from the Motor Vehicle Incident Review Officer the determination that an employee caused or may have caused an incident to determine whether just cause exists to affirm the department’s determination that the employee caused a motor vehicle incident. 5. Prior to the Motor Vehicle Incident Departmental Review meeting, the Departmental Review Panel Coordinator should: (a) Secure copies of the Driver’s Report of a Motor Vehicle Incident, Supervisor’s Report of Motor Vehicle Incident, and if available, police reports, statements of witnesses, diagrams, photographs, vehicle damage appraisals, and any other relevant documents to be considered by the Departmental Review Panel. (b) Review the available motor vehicle incident documentation. (c) Notify panel members of the date, time, and place of the meeting B. Motor Vehicle Incident Departmental Review Meeting: 1. At the departmental review meeting, the employee shall be given adequate time to present his/her case. 2. The panel shall consider any aggravating or mitigating circumstances and contributing factors. 3. Within ten (10) calendar days following the departmental review meeting, the employee must be notified in writing of the panel’s determination using a Form 4, Notice of Departmental Review Panel Determination form. The Form 4 will be emailed to the employee’s City of Houston email address. 4. To make an informed decision, the panel may request additional information, or take additional time, up to fourteen (14) business days, to notify the employee of the panel’s decision. 5. If the panel affirms that the employee caused the motor vehicle incident, the determination and findings will be forwarded to the Fire Chief for final determination and consideration of disciplinary action. 6. The Departmental Review Panel should also report any recommendations for reducing similar types of incidents to the Fire Chief or designee. The panel shall discuss and act upon any measures to improve the fleet safety program. 6.09 Special Driving Provisions: In determining cause of accidents, the following shall be considered: A. Spotters (Refer to HFD Rules and Regulations 9.04 Use of Spotters and HFD Guideline II-35 Driving HFD Vehicles). I-16 Motor Vehicle Crashes REVISED 03/16/2023 REVIEWED 7/20/23 Page 6 of 8  1. When available, a spotter shall guide the driver while backing. The spotter shall utilize a portable radio to communicate with the driver if the vehicle is a heavy apparatus or an ambulance/medic unit or if conditions (i.e. weather, lighting, noise) otherwise prevent the driver from clearly seeing and hearing the spotter. 2. When a spotter is not available or the vehicle is exempt from the requirement to have a spotter, the driver, prior to entering the vehicle, shall visually check the area behind the vehicle to assure proper clearance. The driver shall utilize rearview and sideview mirrors and/or rear-facing backup camera to confirm the area behind the vehicle is still clear prior to backing the vehicle. 3. Excluding heavy apparatus and ambulance/medic units, vehicles equipped with functioning rear-facing backup cameras are exempt from the requirement to have a spotter. B. Use of Electronic Devices (Refer to HFD Guideline II-35 Driving HFD Vehicles): Cell phones and other electronic devices shall not be used while driving a city vehicle. Prohibited usage includes but is not limited to, talking, texting, and/or accessing the internet. The following exceptions apply: 1. Cell phones or electronic devices (i.e., MDT or GPS device) may be used by the driver to aid in navigation while the vehicle is stopped. 2. An employee driving a vehicle with no other occupants may utilize a cell phone in hands-free mode when its use is necessary for the employee’s job duties. 7.00 CORRECTIVE ACTION 7.01 Whenever there is a violation of any provision of this guideline, and/or Administrative Policy 2-2, such that corrective action is warranted, the Fire Chief shall impose corrective actions/discipline in accordance with applicable guidelines, taking into consideration any and all prior disciplinary actions and the employee’s work history, as well as any and all mitigating or aggravating circumstances. 7.02 An employee found by the Fire Chief to have caused a motor vehicle incident, regardless of previous driver safety course (DSC) attendance, shall be required to successfully complete an approved DSC within 60 calendar days of the motor vehicle incident. 7.03 Recommendations for disciplinary action will be based on the following; however, discipline is at the sole discretion of the Fire Chief and may include action up to and including indefinite suspension and/or involuntary demotion.: A. First Caused Motor Vehicle Incident: 1. Form 42 and Form 34, or a one-day suspension if the aggregate damage is less than $5,000. 2. A one to three-day suspension if the aggregate damage is $5001 to $7000. 3. A three to five-day suspension if the aggregate damage is $7001 to $9000. 4. A five to nine-day suspension if aggregate damage is over $9000. B. Second Caused Vehicle Incident within a 12-month period: 1. A one to three-day suspension if the aggregate damage is less than $5000. 2. A three to five-day suspension if the aggregate damage is $5001-$7000. I-16 Motor Vehicle Crashes REVISED 03/16/2023 REVIEWED 7/20/23 Page 7 of 8  3. A five to nine-day suspension if the aggregate damage is $7001-$9000. 4. A ten to fifteen-day suspension if the aggregate damage is over $9000. C. Third or Greater Caused Motor Vehicle Incident within a 36-month period will result in a range from a temporary suspension without pay up to an indefinite suspension and may also include a recommendation for the temporary suspension of the employee’s driving privileges or involuntary demotion if the employee’s essential job functions require driving a City vehicle. Regarding the temporary suspension of the employee’s driving privileges or involuntary demotion, the first vehicle incident involving no personal injury or property damage of any kind shall not count towards the three or more incidents; however, each subsequent vehicle incident involving no personal injury or property damage of any kind shall count towards the three or more incidents. D. Backing Incidents: 1. All backing incidents where it is determined the driver has caused the motor vehicle incident will result in a minimum one-day suspension. 2. In situations where the officer or acting officer was present at the time of the incident, that officer or acting officer may be subject to disciplinary action. 3. The “spotter” may also face disciplinary action if it is shown that his/her action or inaction in performance of that duty contributed to the incident. E. Employees will not be allowed to utilize accumulated leave in place of a temporary suspension unless approved by the Fire Chief. F. The action or inaction of the officer assigned to an apparatus/vehicle involved in a motor vehicle incident will be reviewed to determine his/her role, if any, in the motor vehicle incident and whether corrective action or discipline for the officer is also warranted. 7.04 In the event that the Fire Chief determines that the employee, while on-duty, has caused a motor vehicle incident that also results in serious bodily injury, then not withstanding any other provision contained in this guideline, the employee shall be disciplined up to and including indefinite suspension. I-16 Motor Vehicle Crashes REVISED 03/16/2023 REVIEWED 7/20/23 Page 8 of 8