>PUBLIC FINANCE MANAGEMENT
(GOVERNMENT VEHICLES) REGULATIONS 2015
Arrangement of Provisions
1. Citation and commencement 2. Interpretation 3. Officials entitled to vehicles 4. Use of vehicle by Chief
Executive Officers and
employees
5. Use of vehicle by relatives 6. Use of vehicles for elections 7. Buying new vehicles 8. Sale of vehicles 9. Register 10. Vehicle Policy Taskforce
11. Parking and garaging of vehicles 12. Accessories and additional parts 13. Insurance, registration and
licensing, and labelling of
vehicles
14. Fuelling of vehicles 15. Maintenance of vehicles 16. Penalties 17. Transitional provision
Schedule
__________
PURSUANT to section 126 of the Public Finance Management Act
2001, I, TUI ATUA TUPUA TAMASESE EFI, Head of State,
acting on the advice of Cabinet, MAKE these Regulations:
DATED this 3rd
day of March 2015.
signed: (Tui Atua Tupua Tamasese Efi)
HEAD OF STATE
18 Public Finance Management 2015/6
(Government Vehicles) Regulations
REGULATIONS
1. Citation and commencement-(1) These Regulations may be
cited as the Public Finance Management (Government Vehicles)
Regulations 2015.
(2) These Regulations commence on the date they are signed by
the Head of State.
2. Interpretation - In these Regulations, unless the context
otherwise requires:
“acquaintance” includes a friend, colleague, an associate or any
other person in a similar relationship;
“after hours” means after 5pm on a working day and before 9am
on the following working day, and includes the whole day of a
Saturday, Sunday and a public holiday;
“allocated vehicle” means a vehicle allocated to an office holder
under regulation 3;
“Assistant Chief Executive Officer” means an Assistant Chief
Executive Officer in a Ministry, and includes the equivalent
position in a public body;
“associate” means an individual who has an employment, business,
social or professional connection or association with an
Associate Minister or a Chief Executive Officer;
“Chief Executive Officer” means the Chief Executive Officer of a
Ministry, and includes the chief executive of a public body;
“designated driver” means a person designated or appointed as a
driver for the vehicle of a Ministry, public body or an office
holder;
“drive” includes to authorise another person to use or drive the
vehicle;
“election” means a general election or a bi-election;
“employee” means an employee of a Ministry or public body;
“exempted services” means any of the following services provided
by a Ministry or public body:
(a) health services;
(b) pharmacy;
(c) fire and emergency services;
(d) search and rescue services;
(e) police and prison services;
(f) waste management services;
2015/6 Public Finance Management 19
(Government Vehicles) Regulations
(g) shipping services;
(h) civil aviation services;
(i) customs and quarantine services;
(j) water services;
(k) electricity services;
(l) services related to elections carried out by the Electoral
Commissioner, his or her staff and such assistants
working under his or her direction during elections.
“government registration number plate” means the number plate
issued under regulation 113 of the Road Traffic Regulations
1961;
“Ministry” has the same meaning as “department” as defined in the
Act, and includes the Judiciary;
“normal working hours” means from 9a.m to 5p.m on Monday to
Friday;
“office holder” means an official entitled to a vehicle under
regulation 3;
“prohibited accessory or part” includes:
(a) window tint;
(b) stylish mag or alloy wheels;
(c) upgraded car stereo;
(d) tow bars and back fenders;
(e) side steps;
(f) stylish chrome lights;
(g) chrome silver grill;
(h) canopy; or
(i) any other accessory or part that is unnecessary.
“public holiday” has the same meaning in the Public Holidays Act
2008;
“relative” means a spouse, child (including adopted or step child),
brother, sister, parent, aunt, uncle, grandparent or a blood
relative and includes any relative through marriage;
“spouse” means the wife or husband in a marriage recognised
under the laws of Samoa;
“Taskforce” means the Vehicle Policy Taskforce established by
regulation 10;
“use” includes to drive;
20 Public Finance Management 2015/6
(Government Vehicles) Regulations
“vehicle” means a Government owned vehicle or a vehicle
financed under a Government department or public body or
funded or donated under a Project or Programme or from
Development Partners; and
“working day” means a Monday, Tuesday, Wednesday, Thursday
or Friday other than a public holiday.
3. Officials entitled to vehicles-(1) The office holders specified in
this regulation are entitled to be allocated a vehicle each for their
office or personal use, or both.
(2) With the exception of the Head of State and the Prime Minister,
the following office holders are entitled to one (1) vehicle each of a
type to be determined by Cabinet:
(a) a Member of the Council of Deputies;
(b) a Cabinet Minister;
(c) the Chief Justice;
(d) a Judge of the Supreme Court, the District Court or the
Family Court;
(e) the President of the Land and Titles Court;
(f) the Speaker and the Deputy Speaker of the Legislative
Assembly;
(g) the Leader of the Opposition.
(3) An Associate Minister and a Chief Executive Officer are
entitled to one (1) double cab pickup vehicle each.
(4) Before the Cabinet determines the types of vehicles under
subregulation (2), the Cabinet must take into account the views of the
Chief Executive Officer of the Ministry of Finance on the cost-
effectiveness and appropriateness of the procurement of any vehicle
under this regulation.
4. Use of vehicle by Chief Executive Officers and employees-(1)
A Chief Executive Officer must use the allocated vehicle for the
purpose of carrying out the duties of the office.
(2) However, a Chief Executive Officer is entitled to use the
allocated vehicle for personal matters after hours or while on leave.
(3) If a Chief Executive Officer is on overseas travel or taking
local leave, the Acting Chief Executive Officer is entitled to 24 hours
access to a vehicle, during that time.
(4) A Chief Executive Officer who cannot or is unable to drive the
allocated vehicle:
2015/6 Public Finance Management 21
(Government Vehicles) Regulations
(a) must, during normal working hours, designate driver of the
Ministry to drive the vehicle for Chief Executive
Officer; and
(b) after hours, may authorise the designated driver or a
relative (“assigned driver”) to drive the vehicle for the
Chief Executive Officer,
and the assigned driver and the Chief Executive Officer are jointly and
severally liable for any matter or act arising out of the designation or
authorisation to drive the vehicle.
(5) An employee (other than a Chief Executive Officer or Acting
Chief Executive Officer or a designated driver authorised to drive)
must not use a vehicle at any time:
(a) except for official matters or for the purpose of carrying out
an exempted service during -
(i) normal working hours; or
(ii) after hours, with prior approval of the Chief
Executive Officer or Acting Chief Executive
Officer; and
(b) unless the designated driver is unavailable or absent from
duty.
(6) An approval under subregulation (5)(a)(ii) must be in the Form
set out in the Schedule.
(7) A label to display the sign “AUTHORISED VEHICLE” to be
affixed to a vehicle is to be approved by the Chief Executive Officer:
(a) if the vehicle is to be used after hours; or
(b) for private vehicles hired or rented by a Ministry or public
body.
(8) The sign in subregulation (7) must:
(a) be in uppercases, bold and black font; and
(b) be on a white paper or cardboard comprising a width of
210mm and covering the bottom length of the
windscreen on the inside; or
(c) otherwise, in any other form and manner approved by the
Chief Executive Officer.
(9) A person who contravenes subregulation (7) commits an
offence and is liable to a fine of 1 penalty unit.
22 Public Finance Management 2015/6
(Government Vehicles) Regulations
5. Use of vehicle by relatives-(1) The relative or acquaintance of
an Associate Minister or a Chief Executive Officer must not use the
vehicle allocated to be used by the Associate Minister or Chief
Executive Officer.
(2) The spouse of an office holder may use the allocated vehicle
after hours only, if:
(a) the spouse holds a valid driver’s licence; and
(b) a designated driver is unavailable to drive the vehicle.
(3) A relative or an acquaintance who uses a vehicle allocated to
an Associate Minister or a Chief Executive Officer without
authorisation commits an offence.
6. Use of vehicles for elections-(1) A person must not use a
vehicle for an activity relating to elections or to facilitate a person who
intends to run for elections as a Member of Parliament.
(2) Subregulation (1) does not apply to the use of vehicle for the
electoral functions, duties and powers of the Electoral Commissioner,
his or her staff and any assistant working under the Commissioner’s
direction after hours during elections.
(3) Any person who contravenes subregulation (1) commits an
offence and is liable to a fine of 1 penalty unit.
7. Buying new vehicles-(1) A Ministry or public body must first
seek the prior approval of Cabinet before buying a new vehicle.
(2) A Ministry or public body requiring a new vehicle to be
purchased must submit a written request (“request”) to the Ministry of
Finance for a report.
(3) The request must set out the following:
(a) a list of current vehicles used by the Ministry or public
body; and
(b) reasons why a particular type of vehicle is requested;
(c) any other matter required by the Ministry of Finance.
(4) The Chief Executive Officer of the Ministry of Finance shall
provide a report to Cabinet on the request, in line with any vehicle or
other relevant policy.
8. Sale of vehicles-(1) The Cabinet acting on the advice of the
Ministry of Finance that a vehicle has been written off in accordance
with the Treasury Instructions 2013 may approve the sale of a vehicle
used by a Ministry or public body.
2015/6 Public Finance Management 23
(Government Vehicles) Regulations
(2) A Ministry or public body requiring a vehicle to be sold must
submit a written request (“request”) to the Ministry of Finance for a
report.
(3) The request must set out the following:
(a) a list of current vehicles used by the Ministry or public
body; and
(b) reasons the vehicle is to be sold;
(c) any other matter required by the Ministry of Finance.
(4) The Chief Executive Officer of the Ministry of Finance shall
provide a report to Cabinet on the request, in line with any vehicle or
other relevant policy.
9. Register - A Ministry or public body must maintain a register of
all vehicles used or under its responsibility.
10. Vehicle Policy Taskforce-(1) This regulation establishes the
Vehicle Policy Taskforce consisting of the following members:
(a) the Chief Executive Officer of the Ministry of Finance, as
Chairperson;
(b) the Commissioner of Police;
(c) the Chief Executive Officer of the Land Transport
Authority;
(d) the Chief Executive Officer of the Public Service
Commission.
(2) A member who is unable to attend a meeting may send a
representative to the meeting and the representative may exercise all
the powers and rights of the member in that meeting.
(3) The Taskforce may invite any person to advise the Taskforce
on any matter relating to these Regulations.
(4) The functions of the Taskforce are:
(a) to supervise the use of vehicles;
(b) to provide a report to Cabinet (if required or when
necessary) on the use of vehicles;
(c) to carry out other functions assigned to it by the Minister of
Finance or the Cabinet.
11. Parking and garaging of vehicles-(1) A Chief Executive
Officer (or a person authorised by the Chief Executive Officer) must
ensure that all other vehicles are parked or garaged within office
premises or compounds at the end of the normal working hours except
for:
24 Public Finance Management 2015/6
(Government Vehicles) Regulations
(a) a vehicle approved by the Chief Executive Officer to be
used after hours for official duties or exempted
services; or
(b) an allocated vehicle.
(2) Any vehicle used under subregulation (1)(a) must be garaged
immediately after the end time specified in a Form completed and
approved for after hour use.
(3) A police officer may stop a vehicle and cause the vehicle to be
parked and garaged immediately if the police officer sees that the end
time specified in the Form has expired.
(4) A police officer must report the incident to the Chief Executive
Officer of the Ministry of Finance, who shall refer the matter to the
Taskforce for follow up action or for any other decision on the matter.
(5) The driver of a vehicle commits an offence who fails:
(a) to park and garage the vehicle immediately -
(i) after the end time specified in the Form; or
(ii) after being directed by a police officer under
subregulation (3); or
(b) to comply with the conditions for use of the vehicle as
approved by a Chief Executive Officer or a person
authorised by the Chief Executive Officer.
(6) A Chief Executive Officer or person authorised by the Chief
Executive Officer commits an offence who fails to comply with any
decision of the Taskforce to ensure the parking or garaging of a
vehicle under their control.
12. Accessories and additional parts-(1) A Chief Executive
Officer must ensure that any prohibited accessory or part is not affixed
to or displayed on any vehicle.
(2) Subregulation (1) does not prevent the addition or affixing to a
vehicle of side steps where needed.
(3) A police officer may stop a vehicle and cause to be removed
any prohibited accessory or part that is affixed or displayed on a
vehicle, and any accessory or part removed is to be taken to:
(a) the Ministry of Finance for storage at Vaimea; or
(b) the Ministry of Police for storage at the Ministry’s
premises; or
(c) any other place suitable for storage of Government assets,
whichever place is convenient for storage at that time.
2015/6 Public Finance Management 25
(Government Vehicles) Regulations
(4) If a prohibited accessory or part cannot be easily removed at
the time when a police officer instructs the driver of a vehicle to do so,
the police officer shall:
(a) instruct the driver of the vehicle to remove, or ensure
removal of, the prohibited accessory or part within two
(2) weeks from the date the instructions are given; and
(b) report the incident and instructions to the Chief Executive
Officer of the Ministry of Finance for referral to the
Taskforce for follow up action or for any other decision
on the matter.
(5) Any instruction given by a police officer to a driver of a vehicle
under subregulation (4)(a) is taken to be instructions made by the
respective Chief Executive Officer.
(6) It is an offence:
(a) if a driver of a vehicle fails to remove a prohibited
accessory or part after being directed by a police officer
under this regulation; or
(b) if a Chief Executive Officer fails to comply with any
decision of the Taskforce to ensure removal of a
prohibited accessory or part.
13. Insurance, registration and licensing, and labelling of
vehicles-(1) A Chief Executive Officer must ensure that any vehicle
used by an office holder or the respective Ministry or a public body:
(a) is insured; and
(b) is registered and licensed; and
(c) has and affixed to it the government registration number
plate.
(2) With the exception of an allocated vehicle, the name of the
Ministry or public body must be visibly displayed or labelled:
(a) on the sides of the doors to the passenger and driver’s seat
in the front; and
(b) at 40cm by 30cm in font size.
(3) The requirement of government registration number plate on a
vehicle is not required if a private vehicle registration number is
approved:
(a) by Cabinet, upon the recommendation of the Taskforce for
national security or any other reason as determined by
Cabinet; or
(b) otherwise, by the Prime Minister for the purpose of law
enforcement or safety reasons.
26 Public Finance Management 2015/6
(Government Vehicles) Regulations
(4) Subregulation (1) does not apply to a vehicle used on hire (or
rental) for any purpose authorised under these Regulations.
(5) A hired or rented vehicle exempted under subregulation (4)
must also display the sign “AUTHORISED VEHICLE” approved
under regulation 4(7).
14. Fuelling of vehicles-(1) The following vehicles are allowed to
be fuelled at a petrol station (leased or owned by the Government):
(a) a vehicle with a government registration number plate; and
(b) any private vehicle rented or hired by a Ministry or public
body if the fuelling is approved by the Chief Executive
Officer and that vehicle displays the sign
“AUTHORISED VEHICLE” approved under
regulation 4(7).
(2) Subregulation (1) does not apply to a vehicle allocated to the
Head of State or the Prime Minister.
15. Maintenance of vehicles-(1) A public body is responsible for
supervision and maintenance of any vehicle used by the public body
and its Chief Executive Officer.
(2) A Ministry is responsible for supervision and maintenance of
any vehicle used by the Ministry and its Chief Executive Officer and
any Associate Minister or office holder within the Ministry.
16. Penalties-(1) A person who commits an offence under these
Regulations is liable upon conviction to a fine not exceeding 100
penalty units or imprisonment for 12 months, or both.
(2) A breach of these Regulations may also be a ground:
(a) for disciplinary action; or
(b) a surcharge under the Act for loss or destruction of or
damage to a vehicle.
17. Transitional provision-(1) At the commencement of these
Regulations a vehicle that has a prohibited accessory or part, is to
continue to be used as such until the vehicle is renewed or replaced by
a new vehicle or it is removed as directed by the Chief Executive
Officer.
(2) A person is not liable for any prohibited accessory attached to a
vehicle before the commencement of these Regulations.
2015/6 Public Finance Management 27
(Government Vehicles) Regulations
SCHEDULE
(Regulation 4(6))
Government of Samoa
FORM FOR AFTER HOUR USE
OF GOVERNMENT VEHICLES
(Form must be filled out by Divisional Head/Manager and Human
Resource Coordinator (HRC))
Section 1: Driver Information:
(Information of the person who will be handling the vehicle after
hours)
Name: Designation: Department/Public
Body:
Licence Plate
Number:
Section 2: Vehicle Information:
(Vehicle that is to be used after hours)
Licence Plate Number: Make and Model of vehicle:
Brief Description of vehicle:
Section 3: Information on Use of Vehicle After Hours:
(To be filled out by Divisional Head/Manager)
Date: Duration: Start Time: End Time:
Purpose for after hour use:
28 Public Finance Management 2015/6
(Government Vehicles) Regulations
Location or route of vehicle for after hour use:
Section 4: Endorsement by the Divisional Head/Manager:
Comments:
Endorsed
Not Endorsed
Signature: Date:
Section 5: Approval of CEO (or Delegate):
Comments:
Endorsed
Not Endorsed
Signature: Date:
__________
Issued under the authority of the Regulations Ordinance 1953.
Date of Commencement: 3rd
March 2015
These Regulations are administered by the Ministry of Finance.
Copies of these Regulations can be purchased from
the Office of the Clerk of the Legislative Assembly.
