[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-39.406]



[Page 167]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-39_INTERAGENCY FLEET MANAGEMENT SYSTEMS--Table of Contents

 

                  Subpart 101-39.4_Accidents and Claims

 

Sec. 101-39.406  Responsibility for damages.



    (a) GSA will charge the using agency all costs resulting from 

damage, including vandalism, theft, and parking lot damage, to a GSA 

Interagency Fleet Management System (IFMS) vehicle which occurs during 

the period that the vehicle is assigned or issued to that agency, to an 

employee of that agency, or to the agency's authorized contractor; 

however, the using agency will not be held responsible for damages to 

the vehicle if it is determined by GSA, after a review on a case by case 

basis of the documentation required by Sec. 101-39.401, that damage to 

the vehicle occurred:

    (1) As a result of the negligent or willful act of a party other 

than the agency (or the employee of that agency) to which the vehicle 

was assigned or issued and the identity of the party can be reasonably 

determined;

    (2) As a result of mechanical failure of the vehicle, and the using 

agency (or its employee) is not otherwise negligent. Proof of mechanical 

failure must be submitted; or

    (3) As a result of normal wear and tear such as is expected in the 

operation of a similar vehicle.

    (b) Agencies using GSA IFMS services will be billed for the total 

cost of all damages resulting from neglect or abuse of assigned or 

issued GSA IFMS vehicles.

    (c) If an agency is held responsible for damages, GSA will charge to 

that agency all costs for removing and repairing the GSA IFMS vehicle. 

If the vehicle is damaged beyond economical repair, GSA will charge all 

costs to that agency, including fair market value of the vehicle less 

any salvage value. Upon request, GSA will furnish an accident report, 

where applicable, regarding the incident to the agency. Each agency 

shall be responsible for disciplining its employees who are guilty of 

damaging GSA IFMS vehicles through misconduct or improper operation, 

including inattention.

    (d) If an agency has information or facts that indicate that it was 

not responsible for an accident, the agency may furnish the data to GSA 

requesting that costs charged to and collected from it be credited to 

the agency. GSA will make the final determination of agency 

responsibility based upon Government findings, police accident reports, 

and any available witness statements.

    (e) When contractors or subcontractors of using agencies are in 

accidents involving GSA IFMS vehicles, the agency employing the 

contractor will usually be billed directly for all costs associated with 

the accident. It will be the responsibility of the using agency to 

collect accident costs from the contractor should the contractor be at 

fault.



[56 FR 59892, Nov. 26, 1991]