B-136626, AUG. 4, 1958

B-136626: Aug 4, 1958

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HARDESTY IN THE AMOUNT OF $7.20 COVERING MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE FOR TRAVEL FROM HOME TO LOCATION AT WHICH GOVERNMENT- OWNED VEHICLES ARE STORED. YOU SAY IT IS MORE PRACTICAL AND FEASIBLE FOR EMPLOYEES AT OKLAHOMA CITY. BETWEEN THEIR HOMES AND THE LOCATION IN OKLAHOMA CITY AT WHICH ARE STORED THE GOVERNMENT-OWNED VEHICLES TO BE USED IN TRAVELING AWAY FROM THE CITY. A GOVERNMENT VEHICLE STORAGE TERMINAL IN THE STRICT SENSE OF THE WORD IS NOT A "COMMON CARRIER TERMINAL.'. THE PRINCIPLE UPON WHICH THE ALLOWANCE OF MILEAGE IN LIEU OF TAXICAB TRANSPORTATION IS AUTHORIZED TO A COMMON CARRIER TERMINAL SEEMS TO BE ESSENTIALLY THE SAME AS TO ANY TERMINAL FROM WHICH THE TRAVELER DEPARTS.

B-136626, AUG. 4, 1958

MR. H. B. ELLINGTON, AUTHORIZED CERTIFYING OFFICER, SOIL CONSERVATION SERVICE:

YOUR LETTER OF JUNE 23, 1958, ENCLOSING A VOUCHER IN FAVOR OF MR. WILLIAM E. HARDESTY IN THE AMOUNT OF $7.20 COVERING MILEAGE FOR USE OF PRIVATELY OWNED AUTOMOBILE FOR TRAVEL FROM HOME TO LOCATION AT WHICH GOVERNMENT- OWNED VEHICLES ARE STORED, AND RETURNED, AND REQUESTS A DECISION AS TO WHETHER SAID VOUCHER MAY BE CERTIFIED FOR PAYMENT.

YOU SAY IT IS MORE PRACTICAL AND FEASIBLE FOR EMPLOYEES AT OKLAHOMA CITY, OKLAHOMA TO USE PRIVATELY OWNED AUTOMOBILES, IN LIEU OF TAXICABS, BETWEEN THEIR HOMES AND THE LOCATION IN OKLAHOMA CITY AT WHICH ARE STORED THE GOVERNMENT-OWNED VEHICLES TO BE USED IN TRAVELING AWAY FROM THE CITY. HOWEVER, BECAUSE SECTION 3.5B (1) OF THE TRAVEL REGULATIONS UNDER WHICH MILEAGE HAS BEEN CLAIMED IN THE INSTANT CASE ONLY PERMITS PAYMENT OF MILEAGE BETWEEN AN EMPLOYEE'S PLACE OF ABODE AND A COMMON-CARRIER TERMINAL A DOUBT HAS ARISEN CONCERNING THE PROPRIETY OF THIS AND SIMILAR PAYMENTS.

A GOVERNMENT VEHICLE STORAGE TERMINAL IN THE STRICT SENSE OF THE WORD IS NOT A "COMMON CARRIER TERMINAL.' HOWEVER, THE PRINCIPLE UPON WHICH THE ALLOWANCE OF MILEAGE IN LIEU OF TAXICAB TRANSPORTATION IS AUTHORIZED TO A COMMON CARRIER TERMINAL SEEMS TO BE ESSENTIALLY THE SAME AS TO ANY TERMINAL FROM WHICH THE TRAVELER DEPARTS. MOREOVER, IT INFORMALLY HAS BEEN ASCERTAINED THAT WHEN SECTION 3.56 (1) OF THE REGULATIONS WAS PROMULGATED THERE WAS NO SPECIFIC INTENTION TO EXCLUDE MILEAGE FOR TRAVEL TO ANY TERMINAL. COMPARE SECTION 3.1B OF THE REGULATIONS.

ACCORDINGLY, OUR VIEW IS THAT MILEAGE FOR USE OF A PRIVATELY OWNED VEHICLE BETWEEN PLACE OF ABODE AND THE STORAGE POINT OF GOVERNMENT OWNED VEHICLES MAY BE REGARDED AS WITHIN THE PURVIEW OF SECTION 3.5B (1) OF THE REGULATIONS, AND THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.