Subchapter J. USE OF STATE AUTOMOBILES
Sec.
39.91. Purpose.
39.92. Applicability.
39.93. General.
39.94. Definitions.
39.95. Operation of State automobiles.
39.96. Use of personal automobiles.
39.97. Insurance coverage.
39.98. Permanent assignments.
39.99. Powers of the Secretary of General Services.
Source The provisions of this Subchapter J adopted February 1, 1980, effective February 2, 1980, 10 Pa.B. 460, unless otherwise noted.
Cross References This subchapter cited in 4 Pa. Code § 73.6 (relating to permanent assignment of Commonwealth motor vehicles).
§ 39.91. Purpose.
The purpose of this subchapter is to establish rules for the use of State automobiles by State officers and employes.
§ 39.92. Applicability.
State officers and employes, except those in the Department of Auditor General and the Treasury Department, are subject to the provisions contained in this subchapter as to the use of State automobiles.
§ 39.93. General.
(a) The Department of General Services (Department) may assign to any department, board, or commission such automobiles as may be required by it for full-time daily use, and such automobiles shall be operated by employes of such departments, boards, or commissions.
(b) The Department shall maintain a sufficient number of automobiles not assigned to departments, boards, or commissions to meet the requirements of departments, boards, or commissions which do not require the full-time daily use of automobiles.
§ 39.94. Definitions.
The following words and terms, when used in this subchapter, have the following meanings:
Agency—The Governor; an administrative department, board or commission; an officer; departmental administrative board or commission; an authority; or another agency of the Commonwealth subject to The Administrative Code of 1929 (71 P. S. § § 51—732), now in existence or hereafter created.
Personal automobile—A passenger car, station wagon, van or any motorized vehicle used by an individual as a private conveyance.
State automobile—An automobile or station wagon maintained by the Department of General Services to satisfy the needs of agencies.
State employe—An officer other than a State officer, or an employe of the Governor’s Office or of any administrative department, board, commission, authority, or other agency subject to The Administrative Code of 1929 (71 P. S. § § 51—732).
State officer—embers of the Executive Department, consisting of the Governor, Lieutenant Governor, Secretary of the Commonwealth, Attorney General, and Secretary of Education; heads of administrative departments; and chairpersons and members of administrative boards and commissions.§ 39.95. Operation of State automobiles.
(a) State automobiles shall be operated only by properly licensed and responsible State employes or officers. They shall be operated at all times in accordance with the provisions of the Vehicle Code or other applicable regulations, laws and ordinances. State automobiles shall be operated only for the conduct of Commonwealth business. A State automobile may be driven between a duty location and the operator’s residence only if such action is appropriate and approved by the Secretary of General Services except as otherwise provided for in this subchapter.
(b) An operator of a State automobile must abide by the procedures promulgated by the Department of General Services for purchasing fuel and other services, for maintaining and repairing State automobiles, and for fulfilling reporting requirements.
(c) Operators of State automobiles may be held pecuniarily liable for costs of operation and repairs to or replacement of an automobile when it is determined that the automobile was used for other than official business or has been physically abused by the operator. Such a determination shall be made by the Secretary of General Services.
(d) An operator’s personal equipment shall not be installed in a State automobile.
(e) State automobiles shall not be operated outside of this Commonwealth to a point beyond 300 miles from place of origin, official headquarters, or residence unless authorized in advance by the head of the agency to which the automobile was assigned.
(f) Operators of State automobiles shall be responsible for the immediate payment of all parking and traffic violations.
(g) The Pennsylvania State Police are authorized and encouraged to report to the Secretary of General Services the license numbers of State automobiles observed in use on weekends, holidays, and before and after normal working hours. They are further authorized to stop probable violators and question their authority to operate at such time. Unlawful operation will result in the operator’s classification as irresponsible and may result in the forfeiture of any future rights to operate State automobiles. The sanction of forfeiture may be avoided by a showing of good cause to the Secretary of General Services.
§ 39.96. Use of personal automobiles.
The use of personal automobiles shall be governed by issuances of the Directives Management System. Section 2407 of The Administrative Code of 1929 (71 P. S. § 637) permits reimbursement to a State officer or employe for the use of his own automobile on Commonwealth business. Reimbursement is made in accordance with Chapter 40 (relating to travel and subsistence).
§ 39.97. Insurance coverage.
(a) The Commonwealth provides excess liability insurance coverage for employes who use their personal vehicles for travel in the conduct of official Commonwealth business. Excess means that any other valid and collectible insurance will be primary. The coverage provided by the Commonwealth will be considered primary if no other valid and collectible insurance was in effect. Excess liability coverage is provided through the Employe Liability Self-Insurance Fund administered by the Bureau of Risk and Insurance Management, Department of General Services, and is limited to the coverage required on a per person-per occurrence basis as defined in the Pennsylvania No-fault Motor Vehicle Insurance Act (40 P. S. § § 1009.101—1009.701) (Repealed).
(b) Employes using or anticipating the use of their personal automobiles on Commonwealth business are advised that they should notify the underwriter providing liability coverage of such use or anticipated use. They shall:
(1) Certify as to insurance coverage on Form OA-191, Travel Expense Voucher, when seeking reimbursement for use of personal automobiles.
(2) Report accidents involving personal automobiles while on Commonwealth business to their insurance underwriter and the Bureau of Risk Management, Department of General Services.
(c) Compliance with the provisions of subsection (b)(1) and (2) does not relieve an operator or owner of an automobile of any responsibility to comply with the requirements of the Vehicle Code or other applicable laws or ordinances.
(d) Rates at which reimbursement is made for the use of personal automobiles include a portion to reimburse employes for additional insurance coverage required when using personal automobiles on Commonwealth business.
§ 39.98. Permanent assignments.
(a) State officers, cabinet officers, deputy secretaries of administrative departments and members of the Governor’s staff of equivalent rank may retain assigned automobiles in their possession at all times. Proper judgment must be exercised in the use of these automobiles.
(b) State employes subject to call or certain types of duties which require constant access to a State automobile may, upon personal request of their agency head and approval of the Secretary of General Services, retain an assigned automobile. The scope of proper use of such automobiles shall be defined by the Secretary of General Services.
Source The provisions of this § 39.98 amended March 21, 1980 effective March 29, 1980, 10 Pa.B. 1385.
Cross References This section cited in 4 Pa. Code § 73.6 (relating to permanent assignment of Commonwealth motor vehicles); 4 Pa. Code § 73.8 (relating to operation of Commonwealth motor vehicles); and 4 Pa. Code § 73.12 (relating to reporting).
§ 39.99. Powers of the Secretary of General Services.
(a) In times of emergency, the Secretary of General Services may temporarily waive such parts of this subchapter as are necessary to properly respond to the emergency.
(b) Where authority has been granted in this subchapter, the Secretary of General Services may clarify these rules through the Directives Management System.
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