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CFR Regulation

ALLOWANCES FOR TRANSPORTATION AND EMERGENCY OR TEMPORARY STORAGE OF A PRIVATELY OWNED VEHICLE

Citation
41 CFR Part 302-9
Current through
Sections
18
§ 302-9.1Requirements for the transportation of a POV.

(a) Agencies may authorize transportation of a POV when it is advantageous and cost effective to the Government.

(b) If the agency decides that driving the POV is more advantageous, reimbursement will be limited to the allowances provided in part 302-4 of this chapter.

(c) There is no authority for non-emergency storage of a POV under this subtitle; however, an agency may approve storage for a POV when an employee is assigned a temporary change of station in support of a contingency operation as defined in 10 U.S.C. 1482a(c)(2).

§ 302-9.2Transportation and emergency or temporary storage of a POV.

(a) When an agency authorizes transportation or emergency or temporary storage of a POV, it will pay for all necessary and customary expenses directly related to the transportation and/or storage of the POV, including readying the POV for storage, transportation to point of storage, storage, readying the POV for use after storage, transportation from the point of storage, crating and packing expenses, shipping charges, and port charges for readying the POV for shipment at the port of embarkation, and for use at the port of debarkation. Insurance on the POV is at the employee's expense, unless it is included in the expenses allowed by this paragraph (a).

(b) If an agency authorizes transportation of a POV to a post of duty and the employee completes their service agreement, the agency must pay for the cost of returning the POV.

(c) Only a passenger automobile, station wagon, light truck, or other similar vehicle that will be used primarily for personal transportation may be authorized to transport, and if necessary store under emergency or temporary circumstances. An employee may not transport or store a trailer, airplane, or any vehicle intended for commercial use.

(d) An employee is eligible for emergency storage of a POV transported to a post of duty at Government expense when the head of the agency determines that the post of duty is within a zone from which the employee's immediate family and/or household goods should be evacuated.

(e) When an employee receives notice to evacuate their immediate family and/or household goods from a post of duty, they may store their POV at a place determined to be reasonable by the agency whether the POV is already located at, or being transported to, the post of duty.

(f) An employee is eligible for temporary storage of a POV when they are assigned a TCS in support of a contingency operation (humanitarian operations, peacekeeping operations, and similar operations) as defined in 10 U.S.C. 1482a(c)(2) and are eligible for expenses as authorized in part 302-3, subpart E, of this chapter.

(g) The head of the agency determines it would be more advantageous, cost and other factors considered, to authorize the temporary storage of the POV.

(h) Employees may be authorized to store one POV at any given time during the period of the TCS assignment, subject to this subpart. A POV may be stored for the duration of the TCS.

(i) Agencies may provide for storage, without charge, or for the reimbursement of the cost of storage, of one POV that is owned or leased by an employee of that agency (or by an immediate family member of such employee) and that is for the personal use of the employee.

§ 302-9.3Advance of funds for transportation and emergency or temporary storage of a POV.

An advance of funds may be received in accordance with § 302-2.8 of this chapter, not to exceed the estimated amount of the expenses authorized under this part.

§ 302-9.100Requirements and limitations on transportation of a POV to a post of duty.

(a) Employees may only transport one POV to a post of duty. However, this does not limit the transportation of a replacement POV when authorized under § 302-9.171. The POV must be shipped to the actual post of duty.

(b) If there is no port or terminal at the point of origin and/or destination, the agency will pay the entire cost of transporting the POV from the point of origin to the destination. If preferred, however, the employee may choose to drive the POV from the point of origin at time of assignment to the nearest embarkation port or terminal, and/or from the debarkation port or terminal nearest the destination to the post of duty at any time. If driving is chosen, reimbursement will be the one-way mileage cost, at the rate specified in part 302-4 of this chapter, for driving the POV from the authorized origin to deliver it to the port of embarkation, or from the port of debarkation to the authorized destination. For the segment of travel from the port of embarkation back to the authorized origin after delivering the POV to the port or from the authorized destination to the port of debarkation to pick up the POV, reimbursement will be the one-way transportation cost. The total cost of round-trip travel, to deliver the POV to the port at the origin or to pick up the POV at the port at destination, may not exceed the cost of transporting the POV to or from the port involved. Reimbursement for a per diem allowance for round-trip travel to and from the port involved is not authorized.

§ 302-9.101“Authorized point of origin” when transporting a POV to the post of duty.

(a) The “authorized point of origin” is determined based on the type of employee.

(1) For a transferee—the employee's old official station.

(2) For a new Appointee or student trainee—that person's place of actual residence.

(b) If transporting a POV from a point of origin that is different from the authorized point of origin, reimbursement is limited to the transportation costs incurred, not to exceed the cost of transporting the POV from the authorized point of origin to the post of duty.

§ 302-9.102Allowance for transporting a new POV from the factory or other shipping point directly to a post of duty.

An employee may have the manufacturer or the manufacturer's agent transport a new POV from the factory or other shipping point directly to the post of duty provided-

(a) The POV is purchased new from the manufacturer or manufacturer's agent;

(b) The POV is transported Free on Board (FOB)—shipping point, consigned to the employee and/or a member of their immediate family, or the employee's agent; and

(c) Ownership of the POV is not vested in the manufacturer or the manufacturer's agent during transportation. In this circumstance, reimbursement will be for the POV transportation costs, not to exceed the cost of transporting the POV from the authorized point of origin to the post of duty.

§ 302-9.170Conditions under which an agency may authorize transportation of a POV to an employee's post of duty subsequent to the time of assignment to that post.

Agencies may authorize transportation of a POV to the post of duty subsequent to the time of assignment when:

(a) The employee does not have a POV at the post of duty;

(b) The employee has not previously been authorized to transport a POV to that post of duty;

(c) The employee has not previously transported a POV outside CONUS during their assignment to that post of duty;

(d) The agency has determined, in accordance with its internal policies, that it is in the interest of the Government for the employee to have use of a POV at the post of duty;

(e) The employee signed a service agreement at the time they were transferred in the interest of the Government, or assigned if they were a new appointee or student trainee, to the post of duty; and

(f) The employee meets any specific conditions the agency has established.

§ 302-9.171Conditions under which an agency may authorize transportation of a replacement POV to the post of duty.

(a) Agencies may authorize transportation of a replacement POV to the post of duty when:

(1) The employee requires an emergency replacement POV and meets the following conditions:

(i) The employee had a POV which was transported to the post of duty at Government expense;

(ii) The employee requires a replacement POV for reasons beyond their control and acceptable to the agency, such as the POV is stolen, or seriously damaged or destroyed, or has deteriorated due to conditions at the post of duty; and

(iii) The agency determines in advance of authorization that a replacement POV is necessary and in the interest of the Government; or

(2) The employee requires a non-emergency replacement POV and meets the following conditions:

(i) The employee had a POV which was transported to a post of duty at Government expense;

(ii) The employee has been stationed continuously during a 4-year period at one or more posts of duty; and

(iii) The agency has determined that it is in the Government's interest for the employee to continue to have a POV at the post of duty.

(b) Agencies may authorize one emergency replacement POV within any 4-year period of continuous service. It may authorize one non-emergency replacement POV after every four years of continuous service beginning on the date the employee first has use of the POV being replaced.

§ 302-9.172“Authorized point of origin” when a POV, including a replacement POV, is transported to a post of duty subsequent to the time of assignment to that post of duty.

Agencies determine the authorized point of origin within the United States when transporting a POV, including a replacement POV, to a post of duty subsequent to the time of an employee's assignment to that post of duty.

§ 302-9.200Eligibility for return transportation of a POV from an employee's post of duty.

Employees are eligible for POV transportation from their post of duty when:

(a) They were transferred to a post of duty in the interest of the Government;

(b) They had a POV shipped to the post of duty and still have a POV at the post of duty;

(c) They are transferred back to the official station (including post of duty) from which they transferred to their current post of duty or they are transferred to a new official station within CONUS;

(d) They are transferred to a new post of duty, where the agency determines that use of a POV at that location is not in the interest of the Government;

(e) They separate from Government service after completion of an agreed period of service at the post of duty where the agency determined the use of a POV to be in the interest of the Government;

(f) They separate from Government service prior to completion of an agreed period of service at the post of duty where the agency determined the use of a POV to be in the interest of the Government, and the separation is for reasons beyond their control and acceptable to the agency; or

(g) Conditions change at the post of duty such that use of the POV no longer is in the best interest of the Government.

§ 302-9.201Transporting a POV from a post of duty before completing the service agreement.

If conditions change at the post of duty such that use of a POV no longer is in the interest of the Government, or if the employee separates from Government service prior to completion of their service agreement for reasons beyond their control and acceptable to the agency, agencies may authorize return transportation to an authorized destination. When the return transportation is based on changed conditions, the employee is still required to complete their service agreement. If the employee does not, they will be required to repay the transportation costs.

§ 302-9.202Authorized origin and destination points for transportation of a POV from a post of duty.

The “authorized point of origin” when transporting a POV from a post of duty is the last post of duty to which the employee was authorized to transport their POV at Government expense.

(a) The “authorized destination” of a POV transported under this subpart is illustrated in the following table:

Table 1 to Paragraph ( a )

If

The authorized destination of the POV transported at Government expense is

Transferred to an Official station within CONUS

The official station.

Transferred to another post of duty and use of a POV at the new post is not in the interest of the Government

The place of actual residence.

Employee separates from Government service and is eligible for transportation of the POV from the post of duty

The place of actual residence.

Conditions change at the post of duty such that use of a POV no longer is in the interest of the Government at that post of duty

The place of actual residence.

(b) If transporting a POV from a point of origin or to a destination that is different from the authorized origin or destination, reimbursement will be for the transportation costs actually incurred, not to exceed what it would have cost to transport the POV from the authorized origin to the authorized destination.

(c) If there is no port or terminal at the authorized point of origin or authorized destination, the agency will pay the entire cost of transporting the POV from the authorized origin to the authorized destination. If preferred, however, the employee may choose to drive their POV to the port of embarkation and/or from the port of debarkation. If driving is selected, reimbursement will be in the same manner as an employee under § 302-9.101.

§ 302-9.203Retaining a POV at a post of duty after conditions change to make use of the POV no longer in the best interest of the Government, and transporting it at Government expense from the post of duty at a later date.

Agencies will pay the transportation costs not to exceed the cost of transporting the POV to the authorized destination, provided all other conditions are met for transporting a POV.

§ 302-9.204Transporting a replacement POV from a post of duty that was purchased at that post of duty.

Agencies may authorize transportation of a replacement POV purchased at a post of duty from the same post of duty only if:

(a) At the time the replacement POV was purchased, the employee met the conditions in § 302-9.171; and

(b) Prior to purchase of the replacement POV, the agency authorized purchase of a replacement POV at the post of duty.

§ 302-9.300Eligibility for transportation of a POV within CONUS at Government expense.

Agencies may pay for transportation of a POV within CONUS at Government expense when the distance that the POV is to be shipped is 600 miles or more, and the employee is:

(a) An employee who transfers within CONUS in the interest of the Government; or

(b) A new appointee or student trainee relocating to the first official station within CONUS.

(c) Employees may be authorized to transport only the number of POVs equal to the number of people on the relocation travel orders, who are licensed drivers, not to exceed two, while relocating within CONUS.

§ 302-9.301Authorized origin and destination points when transporting a POV within CONUS.

If authorized to transport a POV within CONUS, the transportation must originate as shown in paragraphs (a) and (b) of this section; the destination must be the new official station:

(a) Transferee—old official station.

(b) New appointee or student trainee—place of actual residence.

§ 302-9.600Administering allowances and establishing policies for transportation and emergency storage of a POV.

To minimize costs and promote an efficient workforce, agencies should provide an employee use of a POV when it mutually benefits the Government and the employee. Agencies may authorize:

(a) Commercial means of transportation for POVs if available at reasonable rates and under reasonable conditions; or

(b) Government means of transportation for POVs on a space-available basis.

§ 302-9.601Governing policies for the allowances for transportation and emergency storage of a POV

Agencies must establish policies governing:

(a) When they will authorize transportation and emergency storage of a POV;

(b) When they will authorize transportation of a replacement POV;

(c) Who will determine if transportation of a POV to or from a post of duty is in the interest of the Government;

(d) Who will determine if conditions have changed at an employee's post of duty to warrant transportation of a POV in the interest of the Government;

(e) Who will determine if transportation of a POV wholly within CONUS is more advantageous and cost effective than having the employee drive the POV to the new official station; and

(f) Who will determine whether to allow emergency storage of an employee's POV, including where to store the POV.

18 sections

Cite this law

ALLOWANCES FOR TRANSPORTATION AND EMERGENCY OR TEMPORARY STORAGE OF A PRIVATELY OWNED VEHICLE (U.S.C.). Retrieved via LawPlayer, https://lawplayer.com/us/act/cfr-title-41-part-302-9

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