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Government Vehicle Driven by Employee While on Official Business

B-107081 Published: Jan 22, 1980. Publicly Released: Jun 04, 1985.
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Highlights

A review and clarification of a 1952 GAO decision was requested. The decision resulted from a federal agency's request for an advance decision on whether it might reimburse an employee for a fine imposed on and paid by him for double-parking a government vehicle while on official business. In the decision under review, it was held that there is no authority to use appropriated monies for the payment of a fine imposed by a court on a government employee for an offense committed by him while in performance of, but not necessarily as part of, his official duties. Such fines are imposed on the employee personally and payment thereof is his personal responsibility. While the 1952 decision remained in force, a more recent decision permitted payment of a fine to punish contempt of court by a federal employee, since his refusal was based upon specific instructions from the Attorney General of the United States and upon regulations of his department. The key issue in determining whether such reimbursements are proper is whether the violation was necessary to the performance of the employee's duties. Additionally, a threshold question is whether there is any authority to impose the fine; the federal government is immune to any fines levied under state or municipal laws which serve to tax or burden the Federal government in the performance of its functions.

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Federal employeesFines (penalties)Government liability (legal)Personal liability (legal)Traffic violationsLegal counsel