B-131470, MAY 31, 1957

B-131470, MAY 31, 1957

TO THE SECRETARY OF THE ARMY:

ON APRIL 11, 1957, YOU REQUESTED OUR DECISION WHETHER, UNDER THE CIRCUMSTANCES HEREINAFTER RELATED, A PER ANNUM EMPLOYEE WOULD BE ENTITLED TO OVERTIME COMPENSATION FOR TIME SPENT OPERATING GOVERNMENT OWNED PASSENGER VEHICLE WHILE TRAVELING IN CONNECTION WITH HIS OFFICIAL DUTIES OUTSIDE HIS REGULAR TOUR OF DUTY. ALSO, YOU REQUEST, IN THE EVENT THE ANSWER TO THE FOREGOING IS IN THE AFFIRMATIVE, DECISION WHETHER SUCH ANSWER WOULD APPLY TO SITUATIONS WHERE THE EMPLOYEE IS REQUIRED TO OPERATE A PRIVATELY OWNED VEHICLE WHILE TRAVELING IN CONNECTION WITH HIS OFFICIAL DUTIES OUTSIDE HIS REGULAR TOUR OF DUTY.

IN THE PERFORMANCE OF HIS DUTIES AS GENERAL SUPPLY OFFICER, GS-9, AN EMPLOYEE OF AN ARMY MEDICAL DEPOT IS REQUIRED TO DRIVE AN OFFICIAL PASSENGER VEHICLE TO AND FROM OR BETWEEN INSTALLATIONS WHILE MAKING LIAISON TOURS FOR THE PURPOSE OF REVIEWING STATION SUPPLY PROGRAMS. FOR THE MOST PART NECESSARY TRAVEL IS PERFORMED DURING HIS REGULARLY SCHEDULED TOUR OF DUTY. HOWEVER, FROM TIME TO TIME, CIRCUMSTANCES REQUIRE THE PERFORMANCE OF SUCH TRAVEL EITHER ON NONWORKDAYS OR OUTSIDE HIS REGULARLY SCHEDULED DAILY TOUR. IN CONNECTION WITH HIS DUTIES AS AN ,INCIDENTAL OPERATOR" THE EMPLOYEE MUST QUALIFY FOR AND BE IN POSSESSION OF A MOTOR VEHICLE OPERATOR'S IDENTIFICATION CARD ISSUED PURSUANT TO THE MOTOR VEHICLE OPERATOR REGULATIONS OF THE CIVIL SERVICE COMMISSION (FPM M2); I.E. HE MUST MEET THE PHYSICAL STANDARDS ESTABLISHED BY THE COMMISSION, HE MUST QUALIFY ON A ROAD TEST, AND HE MUST BE IN POSSESSION OF A VALID STATE LICENSE. FAILURE TO QUALIFY FOR AND RETAIN HIS IDENTIFICATION CARD MAY RESULT IN HIS REMOVAL OR REASSIGNMENT TO DUTIES NOT REQUIRING OPERATION OF A MOTOR VEHICLE. IRRESPECTIVE OF WHEN THE TRAVEL TAKES PLACE, THE EMPLOYEE IS PERSONALLY LIABLE FOR ANY FINES OR PENALTIES RESULTING FROM TRAFFIC VIOLATIONS OR ACCIDENTS WHICH MAY OCCUR WHILE DRIVING.

OUR OFFICE HAS HELD THAT OVERTIME IS PAYABLE TO PER ANNUM EMPLOYEES FOR TRAVEL TIME WHERE THE TRAVEL INVOLVES THE ACTUAL PERFORMANCE OF WORK OR IS CARRIED OUT UNDER ARDUOUS CONDITIONS MAKING THE TRAVEL INSEPARABLE FROM WORK. SECTION 204 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS ADDED BY SECTION 205/B) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1110, RECOGNIZES THIS RESTRICTED BASIS OF PAYMENT. IN THE INSTANT CASE, IT DOES NOT APPEAR THAT ACTUAL WORK IS PERFORMED WHILE TRAVELED OR THAT THE TRAVEL IS CARRIED OUT UNDER ARDUOUS CONDITIONS. CONSEQUENTLY, THE EMPLOYEE IS NOT ENTITLED TO OVERTIME COMPENSATION. B 127979, JUNE 22, 1956; B-120896, OCTOBER 7, 1954 AND 30 COMP. GEN. 72.

ACCORDINGLY, THE FIRST QUESTION IS ANSWERED IN THE NEGATIVE AND THUS, NO ANSWER TO THE SECOND QUESTION IS REQUIRED.