B-137887, DEC 12, 1958

B-137887: Dec 12, 1958

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WERE TRANSFERRED TO AND PLACED UNDER THE DIRECT SUPERVISION OF MR. READS AS FOLLOWS: "THE RATE AUTHORIZED FOR MILEAGE IN PRIVATELY-OWNED AUTOMOBILE FOR ALL CAA PERSONNEL TRAVELING BETWEEN DUTY POINTS WITHIN THE OFFICIAL STATION IS ADMINISTRATIVELY LIMITED TO 8[ PER MILE. ONLY 24[ MAY BE ALLOWED IN COMPARISON WITH $1.50 FOR THE ROUND TRIP BY TAXICAB WHICH IS ALSO AN AUTHORIZED MODE OF TRANSPORTATION BETWEEN DUTY POINTS. THE DIVISION CHIEF APPROVES THE USE OF A TAXICAB ONLY WHEN THE NEED FOR SUCH SPECIAL CONVEYANCE IS URGENT. THE ROUND TRIP COST BY PUBLIC TRANSPORTATION (BUS) IS 45[. BUS TRANSPORTATION IS CONSIDERED IMPRACTICABLE IN MOST CASES DUE TO THE INFREQUENCY OF SCHEDULES. OUR QUESTION IS WHETHER OR NOT AN EMPLOYEE PERFORMING APPROVED OFFICIAL TRAVEL.

B-137887, DEC 12, 1958

PRECIS-UNAVAILABLE

MRS. MARGARET E. SPARKS:

ON NOVEMBER 4, 1958, THE CHIEF, AUDIT DIVISION, BUDGET AND FINANCE OFFICE, CIVIL AERONAUTICS ADMINISTRATION, FORWARDED HERE YOUR LETTER OF OCTOBER 1, 1958, REQUESTING OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE SUBMITTED VOUCHER FOR $15, IN FAVOR OF F. P. GAYNOR, AN EMPLOYEE ATTACHED TO THE AIR TRAFFIC COMMUNICATIONS STATION, MUNICIPAL AIRPORT, KANSAS CITY, MISSOURI, FOR REIMBURSEMENT OF PARKING FEES.

THE RECORD DISCLOSES THAT IN JANUARY 1958, SOME OF THE DUTIES AND RESPONSIBILITIES THERETOFORE CARRIED ON BY THE CENTRAL ALTITUDE RESERVATION FACILITY, KANSAS CITY, MISSOURI, WERE TRANSFERRED TO AND PLACED UNDER THE DIRECT SUPERVISION OF MR. GAYNOR, CHIEF, AIR TRAFFIC COMMUNICATIONS STATION. THE ADDED DUTY AND RESPONSIBILITY WHICH MR. GAYNOR HAS ASSUMED NOT ONLY OCCUPIES A PORTION OF HIS TIME BUT ENTAILS CONSIDERABLE TRAVEL BETWEEN THE MUNICIPAL AIRPORT AND THE OFFICES OF THE FACILITY LOCATED IN DOWNTOWN KANSAS CITY. THE SUM CLAIMED REPRESENTS EXPENSES INCURRED BY MR. GAYNOR FOR PARKING A PRIVATELY OWNED AUTOMOBILE IN THE DOWNTOWN AREA OF KANSAS CITY DURING THE FIRST FOUR MONTHS OF 1958. PARAGRAPHS 3 AND 5 OF YOUR LETTER, READS AS FOLLOWS:

"THE RATE AUTHORIZED FOR MILEAGE IN PRIVATELY-OWNED AUTOMOBILE FOR ALL CAA PERSONNEL TRAVELING BETWEEN DUTY POINTS WITHIN THE OFFICIAL STATION IS ADMINISTRATIVELY LIMITED TO 8[ PER MILE. THUS, FOR THE ROUND TRIP DISTANCE OF THREE MILES BY PRIVATELY OWNED AUTOMOBILE, ONLY 24[ MAY BE ALLOWED IN COMPARISON WITH $1.50 FOR THE ROUND TRIP BY TAXICAB WHICH IS ALSO AN AUTHORIZED MODE OF TRANSPORTATION BETWEEN DUTY POINTS. GENERALLY, IN THE INTEREST OF ECONOMY, THE DIVISION CHIEF APPROVES THE USE OF A TAXICAB ONLY WHEN THE NEED FOR SUCH SPECIAL CONVEYANCE IS URGENT.

THE ROUND TRIP COST BY PUBLIC TRANSPORTATION (BUS) IS 45[. HOWEVER, BUS TRANSPORTATION IS CONSIDERED IMPRACTICABLE IN MOST CASES DUE TO THE INFREQUENCY OF SCHEDULES, AND WOULD RESULT IN THE LOSS OF THE EMPLOYEE'S SERVICES.

"IN BRIEF, OUR QUESTION IS WHETHER OR NOT AN EMPLOYEE PERFORMING APPROVED OFFICIAL TRAVEL, WHOLLY WITHIN HIS OFFICIAL STATION, CAN BE REIMBURSED FOR THE ACTUAL COST OF NECESSARY PARKING FEES IN ADDITION TO THE MILEAGE ALLOWANCE, NOT TO EXCEED THE COST FOR THE SAME TRAVEL BY TAXICAB."

YOU SAY THAT NO GOVERNMENT VEHICLE IS AVAILABLE FOR TRAVEL TO THE REGIONAL OFFICE OF THE FACILITY, OR FOR MAKING OTHER TRIPS OCCASIONALLY REQUIRED BY STATION PERSONNEL. NO TRAVEL ORDERS ACCOMPANIED YOUR REQUEST, CONSEQUENTLY, WE ARE NOT INFORMED WHETHER MILEAGE HAS BEEN AUTHORIZED, OR HAS BEEN PAID FOR THE TRAVEL IN QUESTION. WE ASSUME THAT THE PARKING LOTS USED BY THE EMPLOYEE WERE PRIVATELY OWNED AND THIS DECISION IS RENDERED UPON THAT BASIS.

THE ALLOWANCE OF MILEAGE TO AN OFFICER OR EMPLOYEE FOR OFFICIAL TRAVEL PERFORMED IN A PRIVATELY OWNED AUTOMOBILE AS AUTHORIZED BY THE TRAVEL EXPENSE ACT OF 1949 (63 STAT. 166), AS AMENDED, IS A COMMUTATION OF THE EXPENSE OF OPERATING SUCH AUTOMOBILE. THE ALLOWANCE OF MILEAGE FOR AUTOMOBILE TRAVEL IS IN LIEU OF ALL TRANSPORTATION COSTS EXCEPT ACTUAL EXPENSES INCURRED FOR ITEMS EXPRESSLY ENUMERATED IN THE ACT, SUPRA, WHICH INCLUDE FERRY FARES, BRIDGE, ROAD, AND TUNNEL TOLLS. THE LONG ESTABLISHED RULE IS THAT AN EMPLOYEE WHO RECEIVES REIMBURSEMENT UPON A MILEAGE BASIS FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE, ASSUMES ALL EXPENSE FOR MAINTENANCE AND OPERATION OF THE VEHICLE, INCLUDING PARKING FEES, SINCE THIS IS NOT AN ACTUAL EXPENSE ITEM ENUMERATED IN EITHER THE TRAVEL EXPENSE ACT OF 1949, SUPRA, OR IN SECTION 3.5 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. SEE 32 COMP. GEN. 74; 34 ID. 139; B-126453, FEBRUARY 13, 1956.

IN THE CIRCUMSTANCES, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.