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Electronic Code of Federal Regulations

e-CFR Data is current as of October 16, 2014

Title 32Subtitle AChapter VSubchapter H → Part 625


Title 32: National Defense


PART 625—SURFACE TRANSPORTATION—ADMINISTRATIVE VEHICLE MANAGEMENT


Contents
§625.1   Purpose.
§625.2   Applicability.
§625.3   References.
§625.4   OCE policy.
§625.5   General.
Appendix A to Part 625—Dependent Travel Waiver of Liability

Authority: Comptroller General Decision, B-190440, 20 January 1978.

Source: 44 FR 63099, Nov. 2, 1979, unless otherwise noted.

§625.1   Purpose.

This regulation provides guidance, and authorizes dependents to accompany a Corps employee on Temporary Duty (TDY) in a Government-owned or leased motor vehicle.

§625.2   Applicability.

This regulation is applicable to all field operating agencies authorized to operate or lease Administrative Use Motor Vehicles.

§625.3   References.

(a) Title 31, U.S. Code, section 638.

(b) Comptroller General Decision, 25 Comp. Gen. 844(1946) B-57732.

(c) Comptroller General Decision, 54 Comp. Gen. 855(1975) B-178342.

(d) Comptroller General Decision, B-190440, 20 January 1978.

(e) DOD Regulation 4500.36-R June 1977.

§625.4   OCE policy.

Pursuant to the authorities, penalties and interpretations cited in the preceding references, Commanders/Directors of field operating agencies may authorize dependents to accompany a Corps of Engineers employee during official travel when using a Government-owned or leased motor vehicle, providing the following procedures and restrictions are adhered to:

(a) The Commanders/Directors of field operating agencies must make a Determination that transportation of the dependent is in “the interest of the Government”.

(b) A determination of “the interest of the Government” is a matter of administrative discretion, taking into consideration the following limitations:

(1) The use of motor vehicles shall be restricted to the “official use” of the vehicles, and any questions concerning “official use” shall be resolved in favor of strict compliance with statutory provisions and policies of this and other pertinent regulations.

(2) When the travel of the dependent is in “the interest of the Government” and incidentally provides a convenience to the employee, then there can be no objection to the employee's enjoyment of that convenience. However, the convenience of itself, provides no justification to authorize dependent travel.

(3) Dependent travel will not be provided or authorized when justification is based on reasons of rank or prestige.

(4) Transportation to, from and between locations for the purpose of conducting personal business or engaging in other activities of a personal nature by military personnel, civilian officials and employees, members of their families or others is prohibited.

(c) Increased travel time (rest stops) and operational inefficiency (added weight) occasioned by the number of dependents to be transported will also be considered.

(d) Dependents must understand and agree never to operate the motor vehicle consigned to the employee for official travel.

(e) Neither the seating capacity nor the size of the motor vehicle will be changed or increased to accommodate dependent travel.

(f) Motor vehicles as used in this regulation applies to all types of motor vehicles, owned, consigned to or leased by the Corps of Engineers.

§625.5   General.

(a) In view of the potential liability the Government could incur by allowing dependents to accompany an employee in a government-owned, consigned or leased motor vehicle, a Dependent Travel Waiver of Liability will be obtained prior to each and every trip. Suggested language for such waiver is set forth in appendix A.

(b) When dependents are to be transported in a GSA rented vehicle, an extra signed copy of the Dependent Travel Waiver will be furnished the GSA Interagency Motor Pool from which the vehicle is acquired.

Appendix A to Part 625—Dependent Travel Waiver of Liability

“I _____________________

(Name of dependent)

will be accompanying _____,

(Name of employee)

who is my _________________

(Relationship)

and who is an employee of _____,

(Agency, division)

on official Government business in or while using a Government vehicle. Dates of travel are from _____ to _____ 19__. I do hereby knowingly, freely and voluntarily waive any right or cause of action of any kind whatsoever, against the United States, arising as a result of such activity from which any liability may or could accrue while accompanying the above employee in or while using said Government vehicle.”

Signature of dependent

Notary Public

Date

Date



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