Reimbursement for Towing Expenses

An air traffic controller appealed a Claims Division settlement which denied his claim for reimbursement of towing expenses. The record showed that the employee was designated to depart on a familiarization flight. He drove his privately owned vehicle to the airport, asked the controller-in-charge for permission to park his vehicle in the tower parking lot, received it, parked the car, and told the controller-in-charge how to move the car should a need arise. The vehicle was moved by a local towing company when construction work started in the parking area. The employee was on duty during the familiarization flight; but since he was not assigned duties at the outbound destination as part of the trip, he was not in an official travel status. Use of his car was not considered incident to Government service for the purpose of reimbursement. The Alaska Region Accounting division had recommended that the claim be paid because the expense was incurred through no fault of the employee. The Claims Division held that the employee could not be reimbursed because he was not using his car in the performance of official business, and the Government is not liable for any costs incurred through the personal use of a car. The Professional Air Traffic Controllers Organization, which represented the employee, contended that the employee was on official business since he had valid approval to park his vehicle in the lot. In the opinion of GAO, approval of the parking lot arrangement did not convert the use of the car to the performance of official business. An employee must bear the cost of transportation between his residence and his place of duty. Permission to use the lot did not transmute such liability to the Government. The agency spent appropriated funds for parking to avoid significant impairment of the agency's operational efficiency; but by doing so, it can not be held liable for the reasonable risks attendant to parking at the airports. The Claims Division settlement denying the claim for towing expenses was upheld.