B-186081, JUL 22, 1976

B-186081, JUL 22, 1976

WHERE TRAVEL ORDERS DO NOT RESTRICT EMPLOYEE'S USE OF TAXI OR LIMOUSINE SERVICE BETWEEN CARRIER TERMINAL AND RESIDENCE BASED ON AVAILABILITY OF SUITABLE GOVERNMENT OR COMMON CARRIER TRANSPORTATION FACILITIES, EMPLOYEE MAY BE REIMBURSED UNDER PARAGRAPH 1-2.3C OF THE FEDERAL TRAVEL REGULATIONS (FTR) (FPMR 101-7) MAY 1973 FOR HIS USE OF LIMOUSINE SERVICE FOR TRAVEL TO HIS HOME FROM THE CARRIER TERMINAL.

JOHN M. GILES - LIMOUSINE FARE, CARRIER TERMINAL TO HOME:

BY MEMORANDUM FORWARDED FEBRUARY 26, 1976, DEPARTMENT OF THE NAVY DISBURSING OFFICER, NAVAL AIR STATION, MOFFET FIELD, CALIFORNIA, HAS REQUESTED AN ADVANCE DECISION CONCERNING PAYMENT OF THE LIMOUSINE FARE CLAIMED BY MR. JOHN M. GILES INCIDENT TO HIS TRAINING ASSIGNMENT DURING NOVEMBER AND DECEMBER 1975.

UPON COMPLETION OF HIS TRAINING ASSIGNMENT AND RETURN BY AIR CARRIER TO THE TRAVIS AIR FORCE BASE ON DECEMBER 7, 1975, MR. GILES TRAVELED THE 90 MILES FROM THE CARRIER TERMINAL TO HIS HOME IN MOUNTAIN VIEW, CALIFORNIA, BY LIMOUSINE AT A COST OF $74. A RECEIPT IN THAT AMOUNT IS SUBMITTED IN SUPPORT OF HIS CLAIM. ALTHOUGH THE TRAVEL AUTHORIZATION ISSUED MR. GILES DOES NOT PROVIDE A LIMITATION ON THE AMOUNT PAYABLE FOR TRANSPORTATION BETWEEN TERMINAL AND RESIDENCE, AND DOES NOT OTHERWISE PROVIDE FOR RENTAL OF A VEHICLE FOR PERFORMANCE OF THAT TRAVEL, IT HAS BEEN ADMINISTRATIVELY RECOMMENDED THAT MR. GILES' CLAIM BE ALLOWED ONLY INSOFAR AS THE LIMOUSINE FARE "DOES NOT EXCEED COST OF GSA TYPE IB AUTO RENTAL." THE DISBURSING OFFICER QUESTIONS THE PROPRIETY OF THE ADMINISTRATIVE RECOMMENDATION OF PARTIAL DISALLOWANCE.

PARAGRAPH 1-2.3C OF THE FEDERAL TRAVEL REGULATIONS (FTR) (FPMR 101-7) MAY 1973, AUTHORIZES REIMBURSEMENT OF USUAL TAXI AND LIMOUSINE FARES FROM A CARRIER TERMINAL TO AN EMPLOYEE'S HOME, BUT FURTHER PROVIDES THAT AN AGENCY MAY RESTRICT THE USE OF TAXIS OR PLACE A MONETARY LIMITATION ON THE AMOUNT OF TAXICAB REIMBURSEMENT WHEN SUITABLE GOVERNMENT OR COMMON CARRIER SERVICE IS AVAILABLE.

INSOFAR AS PERTINENT HERE, THE DEPARTMENT OF DEFENSE'S IMPLEMENTATION OF THIS PROVISION APPEARS AT PARAGRAPH C6101 OF THE JOINT TRAVEL REGULATIONS, VOLUME II (JTR II) AS FOLLOWS:

"C6101 TEMPORARY DUTY STATUS

"1. USE OF TAXICABS. OFFICIALS DIRECTING TRAVEL MAY RESTRICT THE USE OF TAXICABS WHEN SUITABLE GOVERNMENT-OWNED OR LEASED OR COMMON CARRIER FACILITIES, INCLUDING AIRPORT LIMOUSINE SERVICE, ARE AVAILABLE FOR ALL OR PART OF THE DISTANCE TO OR FROM TERMINALS. A TRAVELER WILL USE LIMOUSINE SERVICE IF IT IS AVAILABLE AND PRACTICABLE (SEE PAR. C6101-4); OTHERWISE, REIMBURSEMENT IS RESTRICTED AS PROVIDED IN PAR. C9001-1. UNLESS RESTRICTED, EMPLOYEES IN A TEMPORARY DUTY TRAVEL STATUS MAY UTILIZE TAXICABS BETWEEN:

"1. THE COMMON CARRIER OR OTHER TERMINAL AND THE EMPLOYEE'S PLACE OF BUSINESS OR PLACE OF LODGING,

"4. USE OF AIRPORT LIMOUSINE SERVICE. EMPLOYEES IN A TEMPORARY DUTY TRAVEL STATUS WILL UTILIZE AIRPORT LIMOUSINE SERVICE BETWEEN AN AIRPORT AND AIRPORT LIMOUSINE TERMINAL WHERE SUCH SERVICE IS AVAILABLE AND ITS USE IS PRACTICABLE. REIMBURSEMENT WILL BE IN ACCORDANCE WITH PAR. C9001."

PARAGRAPH C9001 OF JTR II, REFERENCED IN THE ABOVE-QUOTED PROVISION, PROVIDES AS FOLLOWS:

"C9001 TAXICAB AND AIRPORT LIMOUSINE FARES AND TIPS

"1. FARES. THE USUAL TAXICAB AND/OR AIRPORT LIMOUSINE FARES WILL BE ALLOWED IN ACCORDANCE WITH CHAPTER 6, PART C, BETWEEN THE POINTS AUTHORIZED THEREIN. IF AVAILABLE LIMOUSINE SERVICE IS NOT UTILIZED, REIMBURSEMENT FOR USE OF TAXICAB WILL NOT BE ALLOWED IN EXCESS OF THE AMOUNT WHICH WOULD HAVE BEEN ALLOWED FOR COMBINED LIMOUSINE AND TAXICAB FARES UNLESS A STATEMENT IS FURNISHED BY THE TRAVELER THAT THE USE OF SUCH LIMOUSINE SERVICE WAS IMPRACTICABLE.

"2. TIPS. REIMBURSEMENT FOR TIPS MAY BE ALLOWED IN THE AMOUNT OF $0.15 WHEN THE FARE IS $1.00 OR LESS, OR 15% OF THE FARE WHEN IT EXCEEDS $1.00. IF THE 15% IS NOT A MULTIPLE OF 5, IT MAY BE INCREASED TO THE NEXT MULTIPLE OF 5."

IN B-179823, JULY 14, 1975, WE NOTED THAT UNLESS RESTRICTED BY OFFICIALS DIRECTING TRAVEL ON THE BASIS OF AVAILABILITY OF GOVERNMENT OR COMMON CARRIER TRANSPORTATION FACILITIES, THE PERTINENT PROVISIONS OF THE JTR II, QUOTED ABOVE, AUTHORIZE AN EMPLOYEE IN A TEMPORARY DUTY STATUS TO USE A TAXI OR LIMOUSINE WHERE AVAILABLE BETWEEN THE COMMON CARRIER AND HIS PLACE OF ABODE. WE BELIEVE THAT THE LANGUAGE OF PARAGRAPH 1-2.3C OF THE FTR, SUPRA, AS WELL AS THE IMPLEMENTING LANGUAGE OF PARAGRAPH C6101-1 OF THE JTR II, SUPRA, CONTEMPLATES THAT THE EMPLOYEE BE ALLOWED TAXI OR LIMOUSINE COSTS UNLESS HIS AUTHORITY TO USE EITHER OF THOSE METHODS OF CONVEYANCE HAS BEEN RESTRICTED IN ADVANCE. SINCE MR. GILES' TRAVEL ORDERS CONTAINED NO SUCH RESTRICTION THERE IS NO BASIS FOR LIMITING REIMBURSEMENT FOR LIMOUSINE TRANSPORTATION COSTS ON THE BASIS RECOMMENDED ADMINISTRATIVELY.

THE RECORD DOES NOT CONTAIN INFORMATION AS TO PRECISELY WHAT GOVERNMENT OR PUBLIC TRANSPORTATION WAS AVAILABLE BETWEEN TRAVIS AIR FORCE BASE AND MR. GILES' RESIDENCE. HOWEVER, IN VIEW OF THE HIGH COST OF THE LIMOUSINE SERVICE INVOLVED, WE FEEL THAT THIS WAS A CASE IN WHICH CONSIDERATION SHOULD HAVE BEEN GIVEN TO RESTRICTING THE USE OF TAXI OR LIMOUSINE SERVICE BY AN APPROPRIATE NOTATION TO THAT EFFECT ON THE EMPLOYEE'S TRAVEL ORDERS. CF. B-179823, JULY 14, 1975.