Policy # 54: Vehicles (Usage of City-Owned)
City vehicles shall be used for official City business only. A vehicle operator utilizing City vehicles shall possess the appropriate, valid Colorado driver's license.
An individual, at least 17 years old, who is:
- On the City payroll.
- Paid by a federal grant program and serving as a part of the City's work force.
- A direct services contractor with the City.
- An intern or volunteer with permission to operate a City vehicle.
A City owned car, truck, or specialized equipment which falls into one of the following classifications:
- Council/Mayoral Appointee vehicle.
- Emergency specialized vehicle: equipped with special features and equipment which enable an employee to provide immediate response to situations involving threats to life or property.
- Marked and unmarked law enforcement vehicle.
- Car Pool: As authorized by a Department Director or Council/Mayoral Appointee, a City vehicle used by a minimum of three City employees which is authorized for use in commuting between home and work in accordance with IRS regulations.
- All other vehicles.
- City vehicles shall be used only for official City business.
- An employee shall not use a City vehicle for personal errands.
- An immediate supervisor may approve the use of a City vehicle to transport employees away from the work site for their lunch or break.
- Vehicle operation is subject to authorization by the immediate supervisor and requires the operator to have the appropriate, valid Colorado driver's license.
- An employee must report any ticket (moving violation, DUI/DWI, unsafe vehicle condition, etc.) to the immediate supervisor the next working day.
- Vehicles are to be operated by employees except for those instances involving:
- Operation necessary to support repairs and/or servicing.
- An emergency requiring a non-City person, who is accompanying a City employee, drive the vehicle.
- As authorized by the Fleet Division.
- Unless otherwise authorized by the Department Director/Division Manager or Council/Mayoral Appointee, City vehicles will only be used to transport passengers who are City employees or individuals engaged in official business with City employees.
- An employee who resides outside of the City limits shall not take a City vehicle home without approval of the Department Director/Division Manager or Council/Mayoral Appointee.
- All City vehicles, with the exception of Appointee and unmarked law enforcement vehicles shall display the appropriate City identification. Exceptions must be coordinated with the Fleet Division Manager.
Travel Outside of Colorado
City vehicles may not be driven outside of Colorado without supervisory approval. Such trips must be coordinated with Risk Management a minimum of five days in advance of travel. The supervisor, Fleet, and Risk Management should be notified of the vehicle unit number, license plate number, destination, and departure/return dates.
All City vehicles, unless approved by the Fleet Management Unit, are serviced and repaired at the Fleet Management Unit's maintenance facilities. In the case of an emergency or vehicle breakdown beyond the City limits, upon notification, Fleet Management may authorize other options.
Each Group/Unit is responsible for assuring that:
- All vehicle and equipment operators possess the appropriate, valid Colorado driver's license.
- Take home vehicle usage is coordinated with the Fleet Management Unit Manager via the Vehicle Usage Request Form. Disputes concerning the appropriate take home use shall be resolved between Fleet and the Group/Unit Manager or Council/Mayoral Appointee by a designee of the Mayor, when necessary. Vehicle Usage Request Forms and Group/Unit lists of take home vehicles are subject to annual review.
- Take home vehicle assignment records are maintained. The records shall contain:
- Vehicle assignment by group/unit, employee's name, and position.
- Mileage: commuting and work related as recorded in the trip log.
- Date, time, and nature of emergency calls responded to after normal work hours, weekends, and holidays.
Policy # 55: Employee Responsibilities For City-owned and Personal Vehicles for Business use
Driver's License Requirements
An employee operating a City-owned vehicle or personal vehicle on City business must possess and maintain an appropriate current and valid Colorado driver's license without prohibitive restrictions. If the employee's driver's license, permit, or privilege to operate a commercial motor vehicle is suspended, denied, canceled, or revoked by the State of Colorado, the employee is required to immediately notify their supervisor in writing and to cease operating City vehicles and personal vehicles used on City business and/or property. Failure to notify of such loss is a violation of the Standards of Conduct and will result in discipline, up to and including termination.
Commercial Motor Vehicle Law (CMVL)
Employees operating vehicles with a gross vehicle weight rating (GVWR) between 10,001 lbs. and 26,000 lbs. shall comply with the regulations of the State Commercial Motor Vehicle Law.
Commercial Driver's License (CDL)
Employees who operate the following vehicles are required to possess an appropriate current and valid Colorado Commercial Driver's License (CDL) and/or Commercial Learner’s Permit (CLP) with the appropriate endorsements and restrictions:
- Any combination of vehicles with a GVWR of 26,001 lbs. or more.
- Any bus designated to carry 13 or more passengers, including the driver.
- Any vehicle that carries placarded hazardous materials, regardless of GVWR.
- Any tank vehicle capable of carrying 1,000 gallons or more of liquid.
Employees operating the listed vehicles are also required to:
- Complete a pre and post trip Driver Vehicle Inspection Report (DVIR). The DVIR book, showing materials on board, the class of hazardous materials, and the maximum weight allowed.
- Assure that vehicles carrying placarded hazardous materials have a current manifest showing materials on board, the class of hazardous materials, and the maximum weight allowed.
- Have a current and valid Department of Transportation Medical Examiner’s Certificate from a designated City provider.
- Report any ticket (moving violation, DUI/DWI, unsafe vehicle condition, etc.) to the immediate supervisor in writing the next working day.
- Report any conviction or violation of state or local traffic law (other than parking) in writing, to the immediate supervisor within 30 calendar days.
- Adhere to all applicable Federal and State Hours of Service requirements.
- Employees are responsible for operating City vehicles and personal vehicles while conducting City business in a courteous, safe manner that is in compliance with all State and City traffic and parking laws and ordinances.
- Vehicle operators are expected to follow the operating instructions contained in the owner's manual.
- Vehicle operators are responsible for checking oil and other fluid levels on a regular basis; ensuring that the vehicle exterior and interior are clean; locking and securing the vehicle and adhering to planned maintenance schedules.
- All operators and passengers who occupy a City-owned vehicle or construction equipment are required to use the available vehicle lap restraining system, shoulder harness and other similar restraining devices while operating the vehicle or construction equipment. Exceptions based on medical, physical, or operational reasons require the written approval of the Safety Section.
- Operators of vehicles carrying material which is subject to spilling or blowing off shall assure that covers are in place during operation and shall report damaged or missing covers to the Fleet Management Unit for immediate repair or replacement.
- Vehicles and equipment will not be operated over their gross vehicle weight rating (GVWR) and/or gross combined weight rating (GCWR).
- City vehicles will not be left running when unattended. Engine idling will only be allowed when required for tool support.
- Employees who operate City vehicles are responsible for ensuring that current insurance and registration papers are on-board.
- Employees are responsible for any citations resulting from violations of traffic laws that are incurred while they are conducting City business, subject to the appropriate provisions of the Municipal Code of Colorado Springs.
- Employees are responsible for all parking citations while conducting City business, unless the citation is issued to a law enforcement vehicle, an emergency vehicle or City crews in legitimate work-related situations.
- If an employee's driver's license, permit, or privilege to operate a commercial motor vehicle has been denied, canceled, revoked, suspended, or withdrawn by the State of Colorado, he or she they must notify their supervisor within 24 hours. Employees shall not operate City vehicles or personal vehicles on City property until driving privileges are restored.
- In accordance with Civilian Personnel Policies and Procedures Manual Policy #2, Employment, the employee must immediately notify their Department Head or Council/Mayoral Appointee, in writing, of any other employment.
Employees operating a City-owned vehicle within the course and scope of their employment are covered by the City's liability insurance program. Employees operating a personal vehicle on City business are responsible for maintaining automobile liability insurance coverage that meets the Financial Responsibility Law of Colorado. Proof of such insurance should be maintained with the vehicle.
The City does not provide insurance coverage for damage to personal vehicles while utilized for City business. The City is not responsible for the loss or damage to any personal property that is in the vehicle.
An employee in violation of this policy or transporting a non-City employee could be held personally liable for damages in the event of a vehicle accident.
City employees that are involved in vehicle accidents while operating a City-owned vehicle or personal vehicle while on City business are required to immediately notify their supervisor and the Police agency having jurisdiction over the accident site. Police agencies may not respond due to accident alert conditions, accidents involving private property, or a minor damage accident. Supervisors will respond to all accidents within city limits and will complete their investigation in accordance with the City Safety Program Manual, Accident Investigation and Reporting.
Risk Management shall be immediately notified if there is damage to property or personal injury which requires medical treatment or notified within 24 hours regardless of the type of accident involving City-owned vehicle or personal vehicle while on City business. Fleet Management shall be notified within 24 hours regardless of the type of accident involving City-owned vehicles.
City employees will counter or cold report the accident if an accident alert is activated by Colorado Springs Police Department (CSPD) due to weather and road conditions or manpower limitations; and/or if the accident was on private property; and/or fi the accident was on a city street and there was less than $1,000 in total damages to all involved vehicles and property, AND all of the following criteria are met:
- No fatality or injury requiring medical attention and transport to a hospital by ambulance was sustained by any person(s) involved in the accident.
- No driver involved in the accident is suspected of driving under the influence of alcohol or drugs.
- No severe damage to another's property; e.g., vehicle through a building.
- No driver left the scene prior to exchanging the necessary information.
- No driver failed to provide valid license, registration, and insurance information.
- No one insists that the police respond.
Travel Outside Colorado Springs City Limits or Colorado
City employees that are involved in vehicle accidents while operating a City-owned vehicle or personal vehicle while on City business outside Colorado Springs City limits or outside Colorado are required to immediately notify their supervisor and the police agency having jurisdiction over the accident site. Supervisors will not be able to respond to accidents outside city limits or the state so they will verify that the employee has all pertinent information in the vehicle prior to leaving the city:
- Current Vehicle Registration,
- Certificate of Self-Insurance (for City-owned vehicles only, print from Fleet web-site),
- Supervisor’s Accident Investigation Report (print from Safety Services web-site),
- Vehicle Accident Witness Statement form (print from Safety Services web-site),
- Vehicle Accident Emergency Contacts (print from Safety Services web-site),
- State of Colorado Traffic Accident Report (print from Safety Services web-site).
All accident reports/forms are self explanatory and easily completed. If a police agency responds to your accident, they will complete the Colorado State Accident Report and you will complete all other reports. If a police agency does not respond to your accident, try and complete the State of Colorado Traffic Accident Report to gather as much accident information as possible. When you return to Colorado Springs all accident reports/forms will delivered to Risk Management/Safety Services the first work day back.
Risk Management shall be immediately notified if there is damage to property or personal injury which requires medical treatment or notified within 24 hours regardless of the type of accident involving City-owned vehicle or personal vehicle while on City business outside Colorado Springs City limits or outside Colorado. Fleet Management shall be notified within 24 hours regardless of the type of accident involving City-owned vehicles.
Violations of the Policies and Procedures Regarding Vehicles
Employees who violate the provisions of Civilian Personnel Policies and Procedures Manual Policy # 56, Vehicles (Usage of City-Owned); and # 57, Employee Responsibilities for City-Owned and Personal Vehicles for Business Use are subject to discipline, up to and including termination of employment.
Policy # 56: Vehicles operated by Council/Mayoral Appointees
As approved by City Council, their appointees shall be entitled to the use of a City owned vehicle.
Any vehicle selected by a Council/Mayoral Appointee:
- May be new or used.
- Shall be acquired through a competitive bid or proposal process that is coordinated by the Fleet Management and Purchasing and Contracts Divisions.
- Shall be licensed with regular rather than City of Colorado Springs license plates.
- Shall comply with current IRS regulations governing the use of such vehicles.
A Council/Mayoral Appointee who operates a City-owned vehicle may use the vehicle for personal as well business reasons. In accordance with IRS regulations, the operation of the vehicle creates personal use income and must be reported to the Finance Office.
Council/Mayoral Appointees are expected to comply with the provisions of Policy and Procedure # 56, Vehicles (Usage of City-Owned); and # 57, Vehicles (Employee Responsibilities for City-Owned).
Policy # 57: Travel/Meeting Expenses
Travel and meeting expenses incurred by employees while attending meetings, conferences, and conventions on official City business may be authorized according to City Policies. Such activities may be authorized for the employee’s attendance and should be considered a privilege not an entitlement. Departments may limit the allowable expenses for the employee below the City allowable expense limits.
It is impossible to anticipate every possible expense in order to receive prior authorization. Therefore, employees are expected to exercise good judgment and proper economy when incurring travel and meeting expenses. Each employee is responsible to assure that all travel related expenditures are consistent with this policy and meet the approval given by the Department Head/Division Manager or Council/Mayoral Appointee. An employee shall evaluate the proposed travel expenditures in relationship to:
- An amount that would be spent if the cost were to be paid for personally.
- A test of public scrutiny, if the expenditure were to become a matter of public knowledge.
A Travel Request Form must be completed and submitted to the Department Head/Division Manager or Council/Mayoral Appointee for review and approval prior to commitment to any travel arrangements. The form must include employee’s name, purpose of trip, destination, dates of departure and return, and a detailed listing of all expected expenses for the trip. The form, with Department Head/Division Manager or Council/Mayoral Appointee approval, must be attached to employee’s expense summary and/or Visa statements that include travel expenses upon return from the trip.
Department Heads/Division Managers or Council/Mayoral Appointees need to consider Fair Labor Standards Act regulations regarding pay for travel time prior to approving travel arrangements. Additional information is available from the Human Resources or Payroll Offices.
Travel forms, instructions, and detailed information on required documentation described in the City Policy can be obtained from the City Finance Office.
Employees authorized by their Department Head/Division Manager or Council/Mayoral Appointee to travel and/or attend meetings on official City business may be eligible for expense reimbursement or allowed to use their City Visa for payments in accordance with the guidelines established in each of the following categories. Travel expenses must be itemized on the Expense Summary form and forwarded to Accounts Payable within five working days after return. Receipts shall be required in support of expenses.
Only one day of travel time each way will be covered as an authorized absence. Additional travel time shall be charged to the employee's vacation balance.
- Air travel shall be limited to the round trip "economy coach" fare. Travel from the Colorado Springs Airport is encouraged.
- Unless there are extenuating circumstances, the employee should take advantage of lower airfares by purchasing tickets more than seven days in advance of travel.
- In-state travel by air must be more economical than travel by city or private vehicle and must be approved by the Department Head/Division Manager or Council/Mayoral Appointee.
- Rail travel shall be limited to "coach" fare for trips not involving overnight travel. When sleeping accommodations are required, a Pullman or roomette may be authorized. Expense shall be limited to the air "economy coach" fare.
- Bus travel may be authorized for travel and shall be limited to the air "economy coach" fare.
- City vehicle usage is covered by Policy and Procedure # 56, Vehicles (Usage of City-Owned). Prior approval must be obtained from the Department Head/Division Manager or Council/Mayoral Appointee before the spouse and/or children accompany the City employee. Costs of fuel for the vehicle may be paid but shall be limited to the costs of air “economy coach” fare. Exception may be allowed if there is a sufficient reason for needing the City vehicle at the event. Written justification must be provided.
- Private vehicles may be authorized for use on official City business.
- In-state reimbursement shall be at the mileage reimbursement rate that is published by the IRS annually. Mileage may be paid from the employee’s home to the meeting location, but shall be limited to the number of miles from the employee’s work site to the meeting location, or from the employee’s home to the meeting location; whichever is less. Details of trips must be submitted according to IRS regulations; additional information is available from the City Finance Office.
- Out-of-state travel reimbursement shall be at the mileage reimbursement rate published by the IRS. Details of trip must be submitted according to IRS regulations; additional information is available from the City Finance Office. Employees may be reimbursed for mileage expense associated with one round trip for travel between their home/work site when departing from the airport. Colorado Springs Airport employees will be reimbursed for travel from their home to the airport if travel is for the purpose of travel on a domestic flight.
- Employee may be reimbursed for two round trips to the Colorado Springs Airport if an employee has someone drop them off and pick them up at the Colorado Springs Airport rather than drive their own vehicle or take a cab. Mileage shall be limited to the number of miles from the employee’s work site to the airport, or from the employee’s residence to the airport; whichever is less.
- Short-term parking, long-term parking or cab fare associated with airport departure and arrival may be allowable expenses. Valet parking will not be allowed unless it is the least expensive or only option.
- Car rental at the destination may be approved by Department Head/Division Manager or Council/Mayoral Appointee.
- If City Visa cards are used, US Bank will provide collision damage insurance protection if that employee is driving. It will also cover another City employee driving the vehicle other than the one listed as the renter. It will not provide coverage for a spouse, friend or permissive user other than a City employee. It does not provide liability coverage. The City Claims Office recommends that employees obtain liability coverage from the rental car company.
- If a personal Visa card is used, the City Claims Office recommends employees obtain insurance from the rental car company. Additional information on insurance options is available from the City Claims Office or the City Finance Accounts Payable Office.
- Shuttle transportation, public transportation and cabs, may be reimbursed on approval by Department Head/Division Manager or Council/Mayoral Appointee.
Hotel/motel selection and advance reservations are to be done in such a manner as to assure moderate rates. Lodging shall be for the minimum number of nights required to conduct the assigned City business.
If employee's spouse and/or children share the lodging, the lodging rate shall be limited to the single occupancy rate. Differential should be noted on the receipt.
- IRS Per Diem Rates will be paid on overnight travel subject to travel having taken place and expense reimbursement being requested from the Accounts Payable department. Department Head/Division Manager or Council/Mayoral Appointee may decide to reimburse less but cannot pay more than IRS Per Diem Rates.
- Internal Revenue Service Publication 1542 Per Diem Rates can be found on the internet at: http://www.irs.gov/pub/irs-pdf/p1542.pdf. Use the chart titled “Maximum Federal Per Diem Rates” for the most current year. Use the column titled “M&IE Rate”.
- Chart amount per day times the number of days will be the maximum amount allowed for meals per trip.
- On the dates of departure and return, the per diem that will be paid is ¾ of the M&IE rate.
- Employee should attach a written copy of the Federal Per Diem Chart page showing the location rate with their Travel Request Form. Employee should also complete the per diem calculation form on the travel request form and provide to the Accounts Payable department for payment of the per diem.
If the specific city is not listed, employee should determine which location on the list is closest in proximity to the location of travel. If no Per Diem rate is available for the location of travel, a maximum of $40 per day times the number of days will be the maximum amount allowed per trip.
- No meals should be charged to the City Visa card when traveling.
Additional expenses shall be approved by Department Head/Division Manager or Council/Mayoral Appointee and may include:
- For trips longer than five working days, laundry, and dry cleaning expense up to $50 per week may be allowed.
- Employees may be allowed long distance phone calls to home limited to a maximum of $10 per trip. Hotel access fees for phone calls may be included in the $10 limit. No other personal phone calls are allowed.
- Internet access charges may be allowed limited to a maximum of $15 per day. Explanation must be provided that supports a specific need for this service.
- Personal expenses incurred during travel that are primarily for the benefit of the traveler and not directly related to the official purpose of the travel will not be allowed. Examples include the purchase of personal hygiene items, magazines, snacks, movie rentals, and other miscellaneous items.
- Tips for shuttle’s or taxis should be limited to 15% of the bill.
- Tips for services other than meals or shuttles/taxi’s will not be allowed. Examples include bellhops, baggage handlers, and maids. (The City will not reimburse for this but tipping is an incidental cost of travel and incidental costs are included in the amount received from the per diem.)
- The cost of special entertainment and tour events which are not included in conference registration fees are generally not allowable expenses. However, if the event is related to the purpose of the conference, the Department Head/Division Manager or Council/Mayoral Appointee may approve the expense.
- Costs of recreational events that include meals may only be allowed when included within the limits of the maximum allowable meal expense per trip. Such costs shall be reported on the employee’s expense summary even if expense was paid by City directly upon registration.
Combined Business and Vacation Guidelines
An employee may request approval to combine vacation leave with out-of town conferences, conventions or meetings. Applicable policies shall govern the allowable expenditures for the business portion of the trip. The following guidelines shall also apply:
- Travel time is limited to one day each way.
- The employee shall reimburse the City for any additional airfare, lodging, meal, or other expenses incurred as the result of the extended stay or rerouting through an additional city. Written documentation shall be provided to support proof of cost differences.
City VISA Card
The City may receive tax exempt status when the City VISA card is used. Use of the City VISA card is the preferred method for payment of expenses. The VISA Policies and Procedures manual addresses all the procedures regarding use of the City VISA card for travel. The travel policies apply to City travel, whether using the VISA card or using cash funds requesting reimbursement. Please see the VISA Policies and Procedures manual for instructions on using the City VISA card when traveling on City business. Both the manager and the employee approving Visa card expenditures are mutually responsible to assure that the expenditure is consistent with this policy. Failure to adhere to the policies and procedures may result in discipline, up to and including termination..
Policy # 58: Same Day Meal Policy
The City of Colorado Springs offers payment for meals related to same day meetings, retirements and special functions.
All employees of the City of Colorado Springs are eligible for same day meals, subject to limitations listed below. This policy is enforced when a city employee attends a meeting where a meal is served and also attended by members of the public, the business community, or officials from other governmental entities, specifically to discuss business related to the City. This policy does not apply to any employees of Colorado Springs Utilities or Memorial Hospital.
“Same Day meals” shall include all foods and beverages that are purchased when the employee is not away from home overnight. If overnight accommodations are required, Travel Policy No. #59 in the Policies and Procedures Manual will be followed.
Authorized Non-Taxable Meals
When an employee is authorized to attend, the following meals will be non-taxable to the employee subject to documentation through detailed receipts:
- Attendance at meals held by Economic Development Corporation, any Chamber of Commerce or State of the City lunch where the primary purpose of attendance is business relations with the City or other business needs.
- Attendance at meetings where meals are served with outside organizations or entities related to obtaining business for enterprises.
- Meals conducted by City Management, Department Heads and Council/Mayoral Appointees to provide or receive support or assistance related to City business.
- Trade or business organization meals, which are related to the job responsibilities of the person attending.
- Meals included in the registration paid as part of a convention or conference.
- Events that have been approved as having a business purpose. These events will be included in an approved list which will be maintained in the Finance Department. Any events not covered in the approved list must be submitted for approval of the business purpose. A form, which will be maintained in the Finance Department will be required to be completed in full, approved by the department director/division manager or Council/Mayoral Appointee and provided to the Finance Director. Once the event is approved, this approval can be used in future years for attendance subject to the employees attending being similar in rank or position to the previous approval.
Departments are also allowed the following de-minimis (small) purchases of same day meals:
- Retirement events that do not exceed more than $250, per retirement
- One annual luncheon per department
- The City’s Annual Holiday Party
- Occasional coffee, doughnuts, cake, soft drinks, or other light snacks
Other meals may be attended by employees and may be reimbursable by the City with the approval of the employee’s manager, but will be taxable to the employee.
Meals with only City employees in attendance will not meet the requirements of this policy, even if City business is discussed. An exception to this provision may be made by a Department Head or Council/Mayoral Appointee if the purpose of the meeting in which a meal is served is solely to conduct City business; is of an urgent nature, and no other time of the day is conveniently available. Written documentation stating the need and verifying that the meal expenditure is consistent with this provision shall be provided with the receipt for City payment.
Civilian Policy #61: Cell Phone Policy
The purpose of this policy is to promote a safe environment within all City vehicles and for City employees to adhere to all local, state, and federal laws governing the use of cell/mobile phones and wireless devices in vehicles. This policy applies to all employees, appointees, and volunteers operating City vehicles or a personal vehicle while on City business.
Whenever possible, employees should not make or receive phone calls while driving on City business or operating a City vehicle. Employees should let incoming calls go to their voicemail and then find a safe location to pull over and park before initiating a call.
Texting is prohibited in all City vehicles, commercial motor vehicles (CMV), or personal vehicles while driving on City business.
Employees operating a City vehicle or a personal vehicle while on City business and using cell phones, mobile, and wireless devices are required to comply with applicable local, state, and federal laws. Where practical, cell/mobile phones with hands-free and voice activated features should be used.
Employees will use a compliant hands-free phone while driving City-owned CMV’s which means a driver can initiate, answer, or terminate a call by touching only a single button on a mobile phone, earpiece, or headset. Driver’s are permitted to reach for a compliant mobile phone (i.e., hands-free) provided the device is within the driver’s reach while he or she is in the normal seated position, with the seat belt fastened. The compliant mobile phone can also be mounted in the vehicle close to the operator, but it is not, however, required in order to be in compliance with the policy.
This policy allows a driver to use either a hand-held or hands-free mobile telephone to contact law enforcement or other emergency services for such purposes as requesting emergencies services, reporting an accident, drunk driver, or potential criminal activity including attempts to hijack hazardous materials.
The City may take disciplinary or corrective action against an employee, up to and including termination, for violation of this policy or any local, state, or federal laws which govern the use of cell/mobile phones while operating vehicles.
Compliant Mobile Phone is a one-touch hands-free mobile telephone with a speaker phone function, a wired ear piece with microphone, or a one-touch wireless earphone or earpiece.
Driving means operating a motor vehicle or a CMV on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a motor vehicle or a CMV when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
Texting means manually entering alphanumeric text into, or reading text from, an electronic device (cell/mobile phone, IPAD, laptop, etc.) while being held. Texting does not include inputting, selecting, or reading information on a vehicle global positioning system (GPS) or a vehicle navigation system.