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B-185454 1 (1976-07-01)

handle is hein.gao/gaobaddby0001 and id is 1 raw text is: DECISION FILE: B-185454 1 LIER 5 THE COMPTROLLER GENERAL . OF THE UNITED STATES WASHINGTON, D. C. 20548 DATE: JUL 1 1976 MATTER OF: DIGEST: Francis J. Trainr - Collision Damage Waiver Insurance Civilian employee of the Department of the Navy who rented automobile for official business in Naples, Italy, in September and October 1972 may not be reimbursed for cost of collision damage waiver insurance since the statutory regulations then in force, SGTR 3.2c, specifically prohibited payment of the cost of such insurance by the Gov- ernment. These regulations, having been promulgated pursuant to direct statutory mandate, 5 U.S.C. 5707, had the force and effect of law and absent inconsistency with statute, the General Accounting Office is without authority to waive or modify them, even where extenuating circumstances may exist. By letter dated September 5, 1975, Mr. Francis J. Trainor requests reconsideration of the Settlement Certificate issued by the Transportption and Claims Division on March 22, 1974, which disallowed his claim, No. Z-2534355, for reimbursement of the cost of collision damage waiver insurance on a rental automobile. From the file it appears that Mr. Trainor, a civilian employee of the Department of the Navy, rented an automobile for official business in Naples, Italy, in September and October 1972. He paid a total of $293.08 for the rent of this automobile, $47.55 of which was a charge for collision damage waiver insurance. The Department of the Navy refused to reimburse Mr. Trainor for the cost of this insurance and, when he subsequently referred his claim to this Office, our Transportation and Claims Division concurred in the Department's action. Mr. Trainor contends he is entitled to reimbursement because: (1) he was advised to carry this insurance by motor pool personnel at the Naval Support Activity at Naples; (2) he was in a foreign country where damage claims could be settled at the scene by local police; and (3) he was not informed that the cost of this insurance was not reimbursable. t0f?'3(0 /

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