Qualified Non-Personal Use Vehicles
A qualified non-personal use vehicle is any vehicle an employee is not likely to use more than minimally for personal purposes because of its design.
Examples of qualified non-personal use vehicles are:
1. clearly marked police, fire or public safety officer vehicles, but personal use other than commuting must be prohibited by the employer;
2. unmarked vehicles used by law enforcement officers (explained later) if the use is officially authorized, but the personal use must be necessary to help enforce the law;
3. an ambulance or hearse used for its specific purpose;
4. any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds;
5. delivery trucks with seating for the driver only, or driver plus a folding jump seat;
6. a passenger bus with a capacity of at least 20 passengers used for its specific purpose;
7. school buses; and
8. tractors and other special purpose farm vehicles.
Vans and Pickup Trucks
A van or a pickup truck is not a qualified non-personal use vehicle unless it has been specially modified so it is not likely to be used more than minimally for personal purposes. The Internal Revenue Service provides the following guidelines a van or pickup truck can meet to be a qualified non-personal use vehicle.
A van with a loaded gross vehicle weight of 14,000 pounds or less qualifies if it is clearly marked with permanently affixed decals, special painting or other advertising associated with the employer's trade, business or function. The van must have a seat for the driver only or the driver and one other person, and either:
1. Permanent shelving that fills most of the cargo area; or
2. The cargo area is open and the van always carries merchandise, material or equipment used in the employer's trade, business or function.
A pickup truck with a loaded gross vehicle weight of 14,000 pounds or less qualifies if it is clearly marked with permanently affixed decals, special painting or other advertising associated with the employer's trade, business or function. The pickup truck must be either:
1. Equipped with at least one of the following:
a. Hydraulic lift gate;
b. Permanent tanks or drums;
c. Permanent side boards or panels that materially raise the level of the sides of the truck bed; or
d. Other heavy equipment (such as an electric generator, welder, boom or crane used to tow vehicles); or
2. Used primarily to transport a particular type of load (other than over the public highways) in a construction, manufacturing, processing, farming, mining, drilling, timbering or other similar operation for which it was specially designed or significantly modified.
Public Safety Officer
A public safety officer is an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, a fire fighter, a chaplain, or as a member of a rescue squad or ambulance crew.
Law Enforcement Officer
In order for an unmarked police vehicle to be classified as a qualified non-personal use vehicle, it must be used by a law enforcement officer.
A law enforcement officer is an individual who is a full-time employee of a governmental unit that is responsible for the prevention or investigation of crime. In addition, the employee must be authorized by law to carry firearms, execute search warrants and make arrests. The employee must regularly carry firearms except when working undercover.
An arson investigator may be considered a law enforcement officer if the
investigator meets the requirements.
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