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B-190790 1 (1978-05-18)

handle is hein.gao/gaobadgaj0001 and id is 1 raw text is: e., - I. Stoktenberg CP DECUUIC. THE COMPTWOLLE WWNUNAL 'DW lWIN .. m .OF THE UNITND STAT~ER WASMINQTON. D. C. 905am FILE: B-190790 DATE: May i8, 190 MATER OF: Jeffrey L. Wartlutt - Relbursement of Fine DIGEST: Forest Service employee paid fin to Virginia State Court because Government truck that he was driving exceeded maximum weiujht limitation. He my be reitbursed by Govermnt since the fine was i-Aposed upon him as agent of Covernmnt and was not the result of any perso.1 wroisdoing on his part. This is in response to a letter from David L. Olexer, an authorized certifyirg officer of the U.S. Department of Agriculture, Forest Service, requesting a decision whether he may certify for payinnt a voucher for reimbtrseent of a $104.40 fine paid to the General District Court at Bland, Virginia, by Jeffrey L. Wartluft, a Forest Service employee. HW. Wartliift drove a Forest Service truck from Virginia to West Virginia when the truck was found to be overweight on the rear axle at the weigh scales at Bland, Virginia. The truck had been loaded with logs by Mr. Wartluft and several other Forest Service employees who had no way of checkig the weight at the time the truck was loaded. -A1though the truck was underweight in total, it was over- weight on the rear axle by 2,000 pounds. The overweight citation was thus the result of improper loading rather than overloeding the entire truck. The fine was pid from personal funds by Wt. Wartluft and his work unit, and Mr. Warluft now seeks reimbursement of the amount paid. It has been the general position'of our Office that a fine imposed by a court upon a Federal employee for an offense commi.:red while driving a Government vehicle in the performance of his ofick; 1 dutica Vs the reshonsitility of the employee, and there exists, no authority for its ayment from apprcpriated funds, as such fine is imposed upon the eutployee personally. 31 Comp. Gen. 246 (1952).. See,also B-186680, Ictober 4, 1976; and B-173660, November 18, 1971. These cases,. .iever, dealt with fines for failure to pay park- irg meter fees or fo exceedirg a speed limit. A factor common to them is that the violati'n was caused by the negligent or intentional acts of the empl6yca concerned. Thus, the imposition of the fine was on the emplkyee personally. Even in B-173660, agry_ where an employee clained that an inaccurate speedumeter on his Government

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