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B-231814 1 (1989-01-19)

handle is hein.gao/gaobadnjb0001 and id is 1 raw text is: The Comptroller General of the United States Wshingtoa, D.C. 2058 Decision Matterof. Ruben Carranza - Dependents as Passengers in Vehicles on Government Business File: B-231814 Date: January 19, 1989 DIGEST 1. Under the provisions of 31 U.S.C. SS 1344 and 1349 (1982 & Supp. IV 1986), a government-owned or leased vehicle may only be used for the performance of official business. It does not violate those statutes, however, for an agency to allow a dependent of an employee to accompany the employee as a passenger in such vehicle. 57 Comp. Gen. 226 (1978). 2. If a vehicle being operated by a federal employee in the performance of official business is involved in a collision due to the employee's negligence and a member of the family who is accompanying the employee as a passenger is injured, that passenger may seek damages. Since the right of recovery under the Federal Tort Claims Act, 28 U.S.C. SS 2671-80 (1982), is predicated on the law of the place of occurrence, the government's liability might be increased by permitting the family member to accompany the employee. DECISION This decision is in response to a request from the Director, Office of Finance and Accounting, United States Department of Housing and Urban Development (HUD), concerning the legality of permitting dependents to travel as passengers in a vehicle being operated by a federal employee while performing official business. BACKGROUND An employee of HUD's Fort Worth Regional Office has requested permission to take his spouse as a passenger in a government-furnished vehicle. The agency asks: (1) whether the employee may be granted permission to do so; (2) whether the granting of such permission would increase the potential liability of the government under the Federal Tort Claims O44 C'c /1S77 73

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