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B-239511 1 (1990-12-31)

handle is hein.gao/gaobadbzn0001 and id is 1 raw text is: 

Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter  of:  Reimbursement of Selective Service Employee for
             Payment of Fine

 File:       B-239511

 Date:       December-31, 1990

 DIGESTS

 1.  Absent a clear and unambiguous law to the contrary, United
 States and its-activities are free from state regulation
 including payment of fines.  Therefore, parking tickets are
 personal liability of employee responsible for their being
 issued.  See court cases cited.

 2. A  Selective Service System (SSS) employee paid a $50
 parking ticket written on a vehicle leased by SSS to prevent
 the ticket from doubling.. SSS determined that the paying
 employee was not the.party responsible for receipt of the
 ticket and did not identify another employee as responsible
 for receipt of ticket.  Whether SSS may reimburse paying
 employee depends upon whether employee paid a valid obligation
 of the United States arising by virtue of the language in
 motor vehicle lease agreement whereby SSS as lessee agreed to
 not permit leased vehicle to be used in violation of
 District of Columbia law and regulations and that SSS would
 indemnify and hold lessor harmless from any and all . . .
 penalties resulting from violation of such laws.

 3. Although  the operator of vehicle is liable for payment of
 parking ticket, District of Columbia law makes owner of
 vehicle ultimately liable for payment of parking ticket.
 District law also provides that lessor of vehicle may    -
 eliminate liability for parking tickets incurred by lessee.
 Therefore, whether employee who paid $50 ticket on assumption
 that agency was liable for such as damages to lessor under a
 hold-harmless clause in lease agreement paid an obligation,of
 the government for which employee may be reimbursed, depends
 upon whether lessor would have had to pay the ticket.  Recues:
 is returned to agency with instruction to make determinaticn
 regarding lessor's liability since submission lacks requisite
 finding.

 DECISION

 This respond 'to a request from G. Huntington Banister,
 Comptroller, Selective Service System, (SSS) for a decision on
 whether SSS may reimburse an employee for paying to the
District of Columbia Government  a paring  ticket written on a
                                 /PULISHD DECISION~
                         _____-Pl ____        rm Tn /~~

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