1. Federal Fleet Management: Frequently Asked Questions (FAQ)
Office of Government-wide Policy
Motor Vehicle Policy
Federal Fleet Management: Frequently Asked Questions (FAQ)

2. Q? Can I use a GOV to…? A! It depends:
Official use means using a vehicle to perform your agency’s mission as defined and authorized by your agency
Contact agency fleet manager or general counsel for agency policy
Personal liability (and DOJ defense) is based on local law under Federal Tort Claims Act
Incidental use is a taxable benefit reported to the IRS; see
Perception- how would a taxpayer view the use of the vehicle?
Probably the most frequently asked question we get starts “Can I use a GOV to…” People seem to think there is a list of things you can do, and a list of things you can’t do. There isn’t. What there is is a rule of thumb: Official Use.
The Federal Tort Claims Act of 1946 permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.  Federal courts have jurisdiction over such claims, but apply the law of the State "where the act or omission occurred.” Thus, both federal and State law may impose limitations on liability.
A tort is a civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the act. The cause of legal action is not necessarily a crime, as the harm may be due to simple negligence. The victim of the harm can sue for damages in a lawsuit.
An interesting variation on this question is this: One of our office colleagues died and a bunch of us want to attend his funeral. Can we all go in a government van? Personally, I have no problem with that. But I don’t know what a court in Iowa or Mississippi would find. I would advise using POVs if possible. But if a government van is the only option, my answer in this case was for them to get in writing from an agency official that this was approved as official business. It might not hold up in court, but sometimes you gotta do what you gotta do.

3. Q? Can I drive my GOV home for TDY purposes?
A! Maybe!
Home-to-Work regulations do not apply to employees on official travel.
Official travel orders must authorize GOV use.

4. Q? Can I drive my GOV in a foreign country?
A! Complicated.
Many foreign countries do not recognize the U.S. Government self-insurance
If your agency is not covered under a SOFA or other diplomatic treaty which specifically addresses liability issues.
General Counsel’s office of GSA has determined that an agency must purchase additional liability insurance to operate vehicles in foreign countries
The Federal Torts Claims Act does not protect Federal employees outside the United States
Contact your agency’s General Counsel’s office for assistance
If short duration trips, consider commercial rentals that are inclusive of insurance in foreign countries.
​First, see if there’s a SOFA = Status Of Forces Agreement (military). That doesn’t apply to the most common cases, which are crossing into Canada or Mexico.
In both of those cases proof of insurance is required. Government vehicles don’t have insurance, because the US Govt is self-insured. We tried putting cards in the vehicles that said that, but border officials were not real impressed—anybody with a computer and a printer could create one.
So what it all comes down to—liability. Within the US you are covered by the Federal Tort Claims Act, but outside the US that law does not apply. So you have these choices:
Agency may have to purchase additional liability insurance to cross into Canada and Mexico (GSA General Counsel). You can buy temporary or trip insurance.
For occasional or short trips, consider commercial rentals. Rental agencies near border crossing know the law and can include the insurance you’ll need.
Contact your agency’s General Counsel’s office for assistance; if your General Counsel doesn’t know the answer contact our office and we can put you in touch with someone at the State Department—this is really their area, relations with foreign governments.

5. Q? Can I transport my spouse/kids/neighbor in my GOV?
A! Maybe.
Governmentwide regulations are silent. But your agency may have a policy
Remember the Federal Tort Claims Act
Who would be liable if something happened?
Is a Federal employee being displaced? In other words, is it costing taxpayers?
Again: perception. How does it look?
If you are going somewhere on official business and someone who has no official status is going to the same place or can be dropped off along the way, it is permissible. However – it is a very dicey proposition.
Remember, back on slide 2 the Federal Tort Claims Act uses the law of the state to determine liability. If the law where you are determines that driving your kids to school cannot be considered to be within the scope of your official duties, the Department of Justice may choose not to defend you. Thank about that.
So if something did happen, even if not your fault, who would be liable? Could be you or your insurance company, assuming you would be covered.
Another consideration is cost. If it’s costing the government, that could be a problem. By dropping off your neighbor at work are you displacing a coworker? Is it costing the taxpayers?
And finally, it always come down to perception. Let’s say everything goes fine, there’s no accident or ticket or anything, you get to work on time, everything’s good. Two weeks later you get official notice that the IG has received a citizens complaint that you are using a government vehicle to drive your family around. Now you are just another lazy gummint employee taking advantage of the poor taxpayer. Congratulations, you now have a part-time job answering questions and defending yourself to every person and office above you in your agency. Use your own vehicle, or just say no.

6. Q? Can a contractor drive a GOV?
A! Of course!
Applicable regulations:
41 CFR
FAR Contractor Use of GSA Fleet Vehicles
41 CFR Contractor Authorized Services
Considerations:
Has the contracting officer authorized use of GOV’s?
Does the contractor have liability insurance?
Do drivers have state drivers license for applicable vehicle type?
It’s all about official business.
Should be spelled out in the contract. GSA Fleet has a paper on contractor eligibility to use GOVs on their webpage.

7. Q? Can I transport a non-Federal passenger in my GOV?
A! For work, yes.
Official use is performing your mission as defined & authorized by the agency
Official use can include transporting a non-Fed
Federal Tort Claims Act covers Federal employees in scope of employment
Contact your agency fleet manager and/or general counsel for policy guidance
This answer assumes that the passenger is, say, a vendor or someone you have business with.
There are some obvious cases where the answer is yes: Indian Health Service ambulances and school buses. Dept of Labor summer youth training programs. Military recruiters.
There are other cases where we get questions, like – my office is hosting an event and I am supposed to pick up a professor at a local college to speak at it. Can I use my GOV? Or we’re having someone fly in for a meeting, can I pick her up at the airport and bring her to the office? Generally speaking, the answer is yes, under any reasonable interpretation that’s official business.
But what about where the passenger is not work-related? [Next slide]

8. Q? At the end of the day can I ride my agency shuttle to the subway station?
A! Yes!
Transportation Equity Act of 2005 specifically allows this
Agencies may operate shuttles to transport employees between place of business and mass transit stations for the purpose of facilitating commute
Head of the agency must make a determination
(Just read the slide)
The followup question we sometimes get is, What is MASS TRANSIT? Passenger transportation services, usually local in scope, that is available to any person who pays a prescribed fare. It operates on established schedules along designated routes or lines with specific stops and is designed to move relatively large numbers of people at one time.  (source: DOT's Bureau of Transportation Statistics)

9. Q? Who pays for tolls? A! Federal agencies are required to pay tolls
Reimbursable expense
Agencies may set up accounts with "EZ Pass" or similar
Tolls are not included in GSA Fleet lease rates
Tolls may not be paid with GSA Fleet fuel card

10. Q? Can I use the express or hot lane in a GOV?
Drivers do have to pay for any tolls incurred while driving a GOV
GSA does not regulate local travel
Agency decision
Mission essential
Saves government time and money
Not for the convenience of the employee
Agency policy also dictates whether use the purchase, travel or fleet card- GSA Smartpay neutral
Home to Work Transportation- proximity of work location to home and cost analysis

11. Q? Who pays for tickets?
A! Employees are personally responsible for tickets/fines
NOT a reimbursable expense
Appropriated funds may not be used
Tickets mailed to agency must be delivered to employee
“GAO's Office of the General Counsel determined that municipalities may properly cite Federal employees for parking and traffic violations committed in performance of--but not as an authorized part of--their official duties while driving government-furnished vehicles. The District of Columbia therefore, has the right to assess and collect fines for such violations. GAO cannot approve the use of GAO appropriated funds to pay parking tickets received by its mail and supply delivery employees or to reimburse those employees for any fines paid for those parking tickets.”

12. Q? Where do I report misuse of a GOV?
A! Lots of places!
Agency Fleet manager:

13. A! If possible, include… Q? What information do I include
in a GOV misuse report?
A! If possible, include…
License plate number
Date and time of incident
Location
Activity that is the cause of your concern
Description of vehicle
Description of driver and passengers
Common misuse reports that we receive: speeding, GOV parked at an inappropriate location (the mall), GOV being used after “normal” business hours or on weekends.

14. Q? What is the policy on cell phone use in a GOV?
EO prohibits:
texting while driving a GOV
texting in a POV if using government furnished equipment
FMR Bulletin-B2 advised agencies to develop a policy recommending use of wireless devices
Many agencies have more restrictive policies on using devices while driving a GOV
Federal employees must obey all State and local laws and ordinances while driving a GOV

15. Q? What is your locality or State law?
Hand-held Device Bans
Texting Bans

16. Q? Can I carry a personal firearm in a GOV?
18 U.S. Code Chapter 44 - FIREARMS
Defines the terms
Possession of firearms and dangerous weapons in Federal facilities
Agency Decision
Must obey all Federal, State and local laws

17. Q? What about localities that have legalized marijuana?
Agency policy
Must take into consideration that marijuana is still a Schedule I controlled substance under the Controlled Substance Act

18. Q? Is the use of E-Cigarettes allowed in GOV’s?
On May , the FDA published its final rule on Electronic Nicotine Delivery Systems (ENDS) which defines them as tobacco products.
The final rule took effect on August 8, 2016.
The use of electronic alternatives that produce nicotine or other vapors is also prohibited in federally owned or leased buildings.
GSA OGP is drafting guidance to update FMR Bulletin B-3 to advise agencies to write internal policies on the prohibited use of tobacco products in federal vehicles to include electronic alternatives that produce nicotine or other vapors. 

19. Rarely Asked Question
Q? My agency has acquired some tactical SWAT units. I don’t have to report them in FAST, right?
A! Wrong! Those “tactical” police units are not military, they are civilian, purchased off GSA Schedules. Not exempt! Report them as “law enforcement.”
This is a rarely asked question but it’s getting more frequent. Not surprising when you consider there are now at least 67 civilian – non-military – agencies that report buying significant quantities of weapons, ammunition, and tactical equipment.
My agency has acquired some of those tactical police SWAT units. According to GSA’s regulation, tactical military vehicles are exempt from everything, including reporting, so I don’t have to report them in FAST, right?
A! Wrong! Those “tactical” police units are not military, they are civilian, purchased off GSA Schedules, not built to military specs. Not exempt! Report them as “law enforcement.”

20. Very Rarely Asked Question
Q? My agency contains an intelligence activity that reports to the Director of National Intelligence. Is it exempt?
A! Nope. An intelligence activity that is part of a larger agency is subject to the same requirements as the rest of the agency (one exception). The vehicles are not exempt.
We could get into some arcane legal stuff here, but I’m going to keep it pretty high-level:
An intelligence agency that reports directly to the President may be exempt from certain regulatory fleet requirements. However, an intelligence activity that is part of a larger Federal agency—State, DOD, Justice, Homeland—is not exempt. To our knowledge there is exactly one intelligence activity whose head reports directly to the President rather to an agency head, and that is … the CIA. So unless you work for the CIA your intelligence vehicles are fully reportable.
MORE DETAILED ANSWER IF NEEDED:
Under The Administrative Procedure Act of 1949, the courts have ruled that the President is not an Executive agency, so Federal regulations generally don’t apply to him. Obviously it would be awkward if the Administrator of GSA could use her authority to limit the President’s authority, right? By extension, the Executive Office of the President is also not a Federal executive agency, so it is exempt from a lot of regulations too. The Office of the Director of National Intelligence is under the Executive Office of the President. There is exactly one intelligence agency that reports to the Director of National Intelligence and does not also report to the head of a regular agency like State, Justice, Homeland Security. That is the CIA. Bottom line: the CIA may be exempt from reporting on the grounds that it is an intelligence operation reporting directly to the President, but it’s the only one. Do you work for the CIA? I didn’t think so. Not exempt.

21. Need Help? GSA Office of Governmentwide Policy Fleet Policy Division
GSA Federal Acquisition Service
GSA Fleet

22. You’ve Got Motor Vehicle Policy Questions?
We’ve Got Answers