U.S. DEPARTMENT OF
AGRICULTURE
WASHINGTON, D.C. 20250
DEPARTMENTAL REGULATION
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Number: DR 5400-5 |
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SUBJECT: Use of Government Vehicle for Home-to-Work |
DATE: January 22, 1996 |
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OPI: |
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1 PURPOSE AND SCOPE
This regulation establishes, as required by Pub. L. No. 99-
550, (31 U.S.C. 1344) and Federal Property Management
Regulation Amendment A-42, the Secretary's policy,
procedures and approvals for the use of Government vehicles
for home-to-work transportation. This regulation applies
only to the use of home-to-work transportation for employees
on normal duty (non-travel) status performing assigned
duties at their place of employment. This regulation does
not apply to the use of Government vehicles when:
a used in conjunction with official travel to perform
temporary duty assignments away from a designated or
regular place of employment, or
b the employee's residence is his/her official duty
station and a record is on file showing the
supervisor's approval.
The regulation is effective upon issuance.
2 CANCELLATION
This regulation supersedes Departmental Regulation 5400-5,
dated February 9, 1990 and Amendment 1, dated August 4,
1993.
3 POLICY
An employee is allowed to use a Government provided vehicle
for transportation to and from work only when that use is
consistent with this regulation or has been approved in
advance by the Secretary. All instances of home-to work
transportation must be documented fully with necessary
reports, logs, or records of such use. Form AD-728, Request
and Authorization for Home-to-Work Transportation, is to be
used for this purpose.
Employees who use vehicles for home-to-work transportation
may be subject to fringe benefit withholdings as explained
in Departmental Regulation 2600-1.
The use of Government vehicles between an employee's
residence and his/her place of employment shall be limited
to:
a The Secretary.
b Employees engaged in field work, as defined in Section
3. The Secretary has determined that the job series
listed in Appendix A are authorized home-to-work
transportation when actually performing field work and
then only to the extent that such transportation will
substantially increase the efficiency and economy of
the Government. If circumstances require that field
work only be performed on an intermittent basis, the
agency must establish procedures to ensure that the
Government vehicle is used only when field work is
being performed.
c Other employees, when use is in response to a highly
unusual circumstance which presents a clear and present
danger, when emergencies exist, or when other
compelling operational considerations make such
transportation essential to the conduct of official
business.
d Employees engaged in criminal law enforcement and
protective service duties when the use is essential for
the safe and effective performance of those duties.
4 DEFINITIONS
a Government Vehicles. Any motor vehicle, aircraft,
boat, ship or other similar means of transportation
that is owned or leased (including non TDY rentals) by
the United States Government or has come into
possession or control of the Government by other means,
such as forfeiture or donation.
b Residence. The primary place where an employee resides
and from which the employee commutes to his/her place
of employment. The term "residence" is not synonymous
with "domicile" as that term is used for taxation or
other purposes, nor does this regulation affect the
provisions set forth in the Federal Travel Regulations
for employees on temporary duty (TDY) away from their
designated or regular place of employment.
c Place of Employment. Any place within the accepted
commuting area as determined by the agency for the
locality involved where an employee performs his/her
business, trade, or occupation even if the employee is
there only for a short period of time. The term
includes, but is not limited to, an official duty
station, home base, headquarters, or any place where an
employee is assigned to work including locations where
meetings, conferences, or other official functions take
place.
d Field Work. Official work performed by an employee
whose job requires the employee's presence at various
locations that are at a distance from the employee's
place of employment (itinerant-type travel involving
multiple stops within the accepted local commuting area
or use outside that area) or at a remote location that
is accessible only by Government-provided
transportation. The designation of a work site as a
field office does not, of itself, permit the use of a
Government vehicle for home-to-work transportation.
Examples of employees involved in field work include,
but are not limited to, meat inspectors, and certain
law enforcement officers, whose jobs require travel to
several locations during the course of the work day.
The field work exception may not be used (1) when the
employee's workday begins at his or her official
Government duty station, or (2) when the employee
normally commutes to a fixed location no matter how far
removed from his or her official duty station; i.e.,
Plant Protection and Quarantine Officers assigned to
airports since these employees are not performing field
work.
e Criminal Law Enforcement. Official work related to the
enforcement of Federal criminal laws by a law
enforcement officer. A law enforcement officer is an
employee whose primary duties are the investigation,
apprehension, or detention of individuals suspected or
convicted of offenses against the criminal laws of the
United States.
f Protective Services. Official work providing
authorized personal security to Department officials.
g Clear and Present Danger. Highly unusual circumstances
which present a threat to the physical safety of the
employee's person or property under circumstances
where; (1) the danger is real, not imagined, and is
immediate or imminent, not merely potential, and (2) a
showing is made that the use of a Government vehicle
would provide protection not otherwise available.
h Emergency. Circumstances which exist whenever there is
an immediate, unforeseeable, temporary need to provide
home-to-work transportation for those employees who are
necessary to the uninterrupted performance of the
agency's mission. An emergency may occur where there
is a major disruption of available means of
transportation to or from a work site, and essential
Government service must be provided, and there is no
other way to transport an employee.
i Compelling Operational Consideration. Circumstances
where the provision of home-to-work transportation to
an employee is essential to the conduct of official
business or would substantially increase a Federal
agency's efficiency and economy. Home-to-work
transportation may be justifiable if other available
alternatives would involve substantial additional costs
to the Government or expenditures of employee time.
These circumstances need not be limited to emergency or
life threatening situations.
5 RESPONSIBILITIES
a Agency Heads will:
(1) Designate officials to sign Form AD-728 when (1) a
request for home-to-work transportation must be
forwarded to the Secretary for approval, (2) it is
being used to document the use of a Government
vehicle under the field work definition, or (3) it
is being used to document the use of Government
vehicles for employees whose residences are
designated as their duty station.
(2) Ensure that requests are justified and are
submitted for the Secretary's approval for home-
to-work transportation only when such use will
substantially increase the efficiency and economy
of the Government. The comfort and convenience of
an employee shall not be considered as
justification for such authorizations.
Agencies may have situations where it is more cost
effective to the Government to provide an employee
a Government vehicle for home-to-work use rather
than have the employee travel long distances to
pick up a vehicle then drive back towards or
beyond his/her residence to perform his/her job.
In these situations, if practicable, agencies
should consider basing the vehicle at a Government
facility located near the employee's job site. If
such a solution is not feasible, the agency must
decide if the use of the vehicle qualifies under
the compelling operational considerations as
defined in this regulation.
(3) Ensure that the appropriate records, logs, and
reports are maintained to substantiate the
necessity for an employee's authorization to use
home-to-work transportation.
(4) Ensure that all field work determinations for use
of home-to-work transportation including job
series listed in Appendix A must be recertified
by the Secretary every two years.
b Office of Operations (OO) will:
(1) Coordinate requests for the Secretary's approval
for home-to-work transportation described in
Section 2c;
(2) Ensure that requests are adequately justified;
(3) Return a signed copy of each approved
authorization to the requesting agency;
(4) Submit copies of approved requests to the
Committee on Governmental Affairs, United States
Senate, and Committee on Government Operations,
United States House of Representatives, no later
than 30 days after approval, and
(5) Obtain the Secretary's approval for updates as
necessary to the job series listed in Appendix A
and recertification of the entire listing at least
every two years.
6 PROCEDURES FOR REQUESTING APPROVAL BY THE SECRETARY
a Should agencies find that employees in other
occupational series need to be included in Appendix A
because they involve field work, requests must be
forwarded to the Personal Property Management Division,
OO. OO will forward the request for approval to the
Office of the Secretary. Such requests should include
the type of work performed and circumstances requiring
use between an employee's residence and assigned work
station.
b The requesting agency must submit an original and three
copies of Form AD-728 to the Personal Property
Management Division, OO, for each individual request
for home-to-work transportation in unusual
circumstances that present a clear and present danger,
an emergency, or a compelling operational
consideration. These requests must be submitted and
approved in advance of the use of the Government
vehicle. The agency head or designee must approve
requests before submission to OO. The initial duration
of a determination of use shall not exceed 15 calendar
days. Should circumstances justify that the home-to-
work transportation continue beyond the 15-day period,
the Secretary may approve a subsequent request for a
duration of 90 calendar days. At the end of the 90-day
period, the Secretary may authorize an additional
extension of 90 calendar days and continue this process
as long as circumstances justifying home-to-work
transportation continue to exist.
Requests should be handled in the most expedient manner
possible (i.e., overnight mail, hand delivery,
telecopier, electronic mail, or other means) to
expedite submission to the Secretary for approval. In
cases where it is physically impossible to secure the
prior approval of the Secretary, an
agency official may authorize short-term use of
vehicles for home-to-work transportation if the
circumstances meet one of the situations listed in
Appendix B, Contingency Determinations. However, the
request must still be submitted for post-approval by
the Secretary.
7 RECORDS AND REPORTS
Each agency will maintain logs or other records necessary to
establish that any home-to- work transportation was
performed for official purposes. Logs or other records must
be easily accessible for audit purposes. These logs or
records should contain, at a minimum, the following
information:
a Name and title of the employee (or other
identification, if name is confidential) using the
Government vehicles;
b Name and title of the person who authorized the use;
c Identification of the Government vehicle;
d Date;
e Location;
f Duration of home-to-work transportation; and
g Circumstances requiring the home-to-work
transportation.
Departmental Form AD-728 contains the above information and
must be used to request individual approval by the
Secretary. Agencies may also use it for the documentation
required for other home-to-work transportation. Form AD-728
is available from the Consolidated Forms and Publications
Distribution Center, Landover, Maryland.
Signed by:
DAN GLICKMAN
END
For Appendix A, B, and C, please refer to the pdf copy of this directive.