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to which originally assigned until the vehicle is removed from Government service or transferred, or until the tags are mutilated or defaced so as to necessitate their replacement.

$ 101-38.202–7 Lost or stolen tags.

agency identification are to be located as follows:

(a) On motor vehicles: On the left side of the rear window, not more than oneand-one half inches from the bottom of the window.

(b) On motor vehicles without rear windows or where the markings on the rear window are not conspicuous: Centered on both front doors or in any appropriate position on each side of the vehicle.

(c) On trailers: Centered on both sides of the front quarter of the trailer in a conspicuous location.

Agency fleet managers, upon receipt of information on lost or stolen tags, should report the loss or theft to their local office of security (or equivalent) or the issuing Fleet Management System, as applicable. District of Columbia tags or other State tags which are lost or stolen should be reported to the District of Columbia, Department of Transportation, or the appropriate State agency.

§ 101-38.203-2 Department of Defense.

Commercial design motor vehicles of the Department of Defense (DOD) shall display the legend "For Official Use Only," an appropriate title for the DOD component, and the registration number assigned by the DOD component controlling the vehicle. Those vehicles operating within the District of Columbia must comply with $101–38.201–1.

§ 101-38.203 Agency identification.

The full name of the department, agency, establishment, corporation, or service owning the vehicle, or a title descriptive of the service in which it is operated (if such a title readily identifies the department, agency, establishment, corporation, or service CONcerned), shall be displayed conspicuously in letters contrasting to the color of the vehicle. This identification for other than vehicle windows shall be in letters between 1 inch high and 1162 inches high. Subsidiary words, or titles of subordinate units, if used, shall be in letters between 12 inch and 3/4 inch high. The identification should be applied through the use of decals (elastomeric pigmented film type). Each agency is responsible for acquiring its own decals. For examples of suggested possible arrangements, see $ 101–38.4801. Law enforcement vehicles shall not be bound by the dimension requirements contained in this section. Identification on vehicle windows shall be of sufficient size to convey the proper legends and agency identification,

$ 101-38.203-3 Removal of legend and

agency identification. Whenever a vehicle is permanently removed from Government service, all agency identification and any other Government identification shall be removed from the vehicle before transfering the title or delivering the vehicle.

8 101-38.204 Exemptions.

$ 101-38.204–1 Unlimited exemptions.

Unlimited exemptions from the requirement to display official U.S. Government tags and other identification are granted to the organizational activities of the agencies listed below, subject to the provisions of $ 101-38.204– 4.

(a) Administrative Office of the United States Courts. All motor vehicles operated by United States probation offices and pretrial services agencies of the judicial branch of the U.S. Government.

(b) Agriculture, Department of. Motor vehicles that the Agricultural Marketing Service, Animal and Plant Health Inspection Service, Food Safety and Inspection Service, Forest Service, Grain Inspection, Packers and Stockyard Administration, Packers and Stockyard Program, Food and Consumer Service, and Office of Inspector General use in

§ 101-38.203-1 Civilian agencies.

Except as provided in $101-38.200(d), $ 101-38.200(f) and $101–38.204, all Government-owned or leased motor vehicles shall be conspicuously identified by displaying the legends "For Official Use Only” and “U.S. Government," and immediately below the legends, the agency identification of the agency operating the vehicle. The legends and

the conduct of investigative or law enforcement activities.

(c) Commerce, Department of. Motor vehicles operated by the Office of Export Enforcement, International Trade Administration, and the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, for surveillance and other law enforcement activities.

(d) Defense, Department of. Motor vehicles used for intelligence, investigative, or security purposes, including such vehicles used by the U.S. Army Intelligence Agency and the Criminal Investigation Command of the Department of the Army; Office of Naval Intelligence of the Department of the Navy; Office of Special Investigations of the Department of the Air Force; the Defense Criminal Investigation Service, Office of the Inspector General; and the Defense Logistics Agency.

(e) District of Columbia. Motor vehicles operated by St. Elizabeths Hospital in out-patient work where the identification of the vehicles would be prejudicial to the patient.

(f) Education, Department of. Motor vehicles operated by the Office of the Inspector General for law enforcement and investigative purposes.

(g) Energy, Department of. Motor vehicles that the Department of Energy uses in the conduct of security or investigative operations.

(h) Environmental Protection Agency. Motor vehicles used for law enforcement and investigative purposes operated by the Office of Inspector General and the Office of Enforcement and Compliance Assurance.

(i) Federal Communications Commission. Motor vehicles operated by the Field Operations Bureau for investigative purposes.

(j) General Services Administration. Motor vehicles operated by Special Agents of the Public Buildings Service, Federal Protective Service and Special Agents of the Office of Inspector General while engaged in criminal investigations, surveillance, and security activities.

(k) Federal Communications Commission. Motor vehicles operated by the Field Operations Bureau for investigative purposes.

(1) Health and Human Services, Department of. Motor vehicles operated by the Food and Drug Administration in undercover law enforcement and similar investigative work; one vehicle operated by the National Institutes of Health in transporting mentally disturbed children, and motor vehicles operated by the Office of Investigations and Office of the Inspector General that are used for law enforcement and investigative purposes.

(m) Interior, Department of the. Those motor vehicles operated by the U.S. Fish and Wildlife Service in the enforcement of Federal game laws; motor vehicles assigned to the special agents of the Bureau of Land Management whose duties are to investigate crimes against public lands; motor vehicles assigned to special officers of the Bureau of Indian Affairs; motor vehicles operated by the National Park Service assigned to the U.S. Park Police and other law eniorcement activities which are used for undercover surveillance to investigate crimes against public lands; and motor vehicles assigned to the special agents of the Office of Inspector General whose duties are to investigate possible crimes of fraud and abuse by departmental employees and its contractors and grantees.

(n) Justice, Department of. All motor vehicles operated in undercover law enforcement activities or investigative work by the Department.

(0) Labor, Department of. All motor vehicles used for invesöigation, law enforcement, and compliance by the Manpower Administration (Bureau of Apprenticeship and Training); Office of Labor-Management Standards; Occupational Safety and Health Administ:'ation; Employment Standards Administration; and Mine Safety and Health Administration.

(p) National Aeronautics and Space Administration. Motor vehicles that the National Aeronautics and Space Administration uses in the conduct of investigation or law enforcement activities.

(q) National Labor Relations Board. Motor vehicles that the field offices use for investigative activities.

(r) National Security Council. All motor vehicles operated by the Central Intelligence Agency.

in 5 U.S.C. 101 are exempt from the requirement to display official identification. All vehicles, other than those assigned for the personal use of the President, shall display the official U.S. Government tags.

8 101-38.204–3 Requests for exempted

motor vehicles in the District of Co

lumbia. The head of each executive agency shall designate an official to approve requests for regular District of Columbia tags for motor vehicles exempted from carrying U.S. Government tags and other identification. Agencies shall furnish the name and facsimile signature for each representative to the District of Columbia, Department of Transportation, annually.

(s) Nuclear Regulatory Commission. Motor vehicles that the Nuclear Regulatory Commission designates for use in the conduct of security operations or in the enforcement of security regulations.

(t) Office of Personnel Management. Motor vehicles designated by the U.S. Office of Personnel Management for use in the investigative program of the Office of Personnel Investigations and Regional Investigation activities.

(u) Postal Service, United States. Motor vehicles that the Postal Inspection Service uses for investigative and law enforcement activities.

(v) State, Department of. All motor vehicles designated for the protection of both domestic and foreign dignitaries and motor vehicles used in the investigations of passport and visa fraud cases.

(w) Transportation, Department of. All motor vehicles used for intelligence, investigative, or security purposes by the DOT Office of Inspector General; the OST Office of Security; the Investigations and Security Division and field counterparts in the U.S. Coast Guard; the Office of Civil Aviation Security and field counterparts in the Federal Aviation Administration; and the Idaho Division Office of Motor Carriers in the Federal Highway Administration.

(x) Treasury, Department of the. All motor vehicles operated by the U.S. Secret Service; Criminal Investigation Division, Internal Security Division, and vehicles used for investigative purposes by the Collection Division of the Internal Revenue Service; the Office of Enforcement and the Office of Inspection of the Bureau of Alcohol, Tobacco and Firearms; and the Office of Enforcement, Office of Compliance Operations, and Office of Internal Affairs of the U.S. Customs Service.

(y) Veterans' Affairs, Department of. All motor vehicles used for investigative purposes by the Office of the Inspector General.

8 101-38.2044 Report of exempted

motor vehicles. The head of each executive agency shall submit a report, upon request, to the General Services Administration, ATTN: MTV, Washington, DC 20405, concerning motor vehicles exempted under subpart 101-38.2. Interagency report control number 1537–GSA-AR has been assigned to this reporting requirement.

[62 FR 327, Jan. 3, 1997]

Subpart 101-38.3-Official Use of

Government Motor Vehicles

8 101-38.300 Scope.

This subpart prescribes the requirements governing the use of Government motor vehicles acquired for official purposes.

8 101-38.301 Authorized use.

Officers and employees of the Government shall use Government-owned or -leased motor vehicles for official purposes only. “Official purposes” does not include transportation of an officer or employee between his or her residence and place of employment, unless authorized under the provisions of 31 U.S.C. 1344, or other applicable law. A copy of any written approval shall be maintained at the appropriate level within the agency. Each agency should establish procedures to monitor and control the use of its vehicles at all

[51 FR 11684, Apr. 4, 1986, as amended at 57 FR 53282, Nov. 9, 1992; 62 FR 327, Jan. 3, 1997)

§ 101-38.204-2 Special exemptions.

All vehicles assigned for the personal use of the President and the heads of executive departments as enumerated

ferral to the Attorney General for prosecution under 18 U.S.C. 641.

g 101-38.301-3 Violation of State and

local motor vehicle traffic laws.

times. Officers and employees entrusted with a motor vehicle are responsible for the proper care, operation, maintenance, and protection of the vehicle. Any officer or employee who uses or authorizes the use of such vehicle for other than official purposes is subject to a suspension of at least 1 month or, up to and including, removal by the head of the agency (31 U.S.C. 1349).

(62 FR 327, Jan. 3, 1997)

§ 101-38.301-1 Contractors' use.

Heads of agencies are responsible for ensuring that the employees of contractors and subcontractors use Government-owned or -leased motor vehicles for official purposes only. (“Official purposes” do not include transportation of a contractor's employee between domicile and place of employment unless specifically provided for under the terms of the contract; and approved in writing by the contracting officer or otherwise provided by law); that employees of contractors and subcontractors authorized to use Government motor vehicles use such vehicles solely in the performance of the Government contract and subcontract thereunder; that such contractors and subcontractors establish and enforce suitable penalties for their employees who use or authorize the use of such vehicles for other than official purposes; and that appropriate provision is made for the assumption by the contractor or subcontractor of any cost or expense incident to use not related to the performance of the contract without the right of reimbursement from the Government for such cost or expense.

Operators of Government-owned or -leased motor vehicles shall become familiar with and obey all motor vehicle traffic laws of the State(s) and local jurisdictions in which they operate. Violation of State or local motor vehicle traffic laws can result in fines and/or imprisonment of the motor vehicle operator.

(a) Fines imposed on a Government employee for an offense committed by him or her while in the performance of, but not as a part of, the employee's official duties are imposed on the employee personally and payment thereof is his or her personal responsibility. This includes fines for parking violations while operating a Governmentowned or -leased motor vehicle. However, reimbursement of parking fees is normally allowed when the fees are incurred by Federal employees in the performance of their official duties.

(b) Except when the scope of their employment dictates otherwise, operators of Government motor vehicles shall obey posted speed limits. Operators will also be cognizant of the effects that weather and traffic conditions have on travel speeds.

(54 FR 30895, July 25, 1989)

Subpart 101-38.4-Use and

Replacement Standards

$ 101-38.301–2 Violations.

Whenever the Administrator of General Services becomes aware of any violation of the provisions of $ 10138.301 or $ 101-38.301-1 concerning the unauthorized use of Government motor vehicles, the Administrator, GSA, shall report the violation to the Head of the agency in which the vehicle operator is employed, for further investigation and appropriate disciplinary action under 31 U.S.C. 1349, or where appropriate, re

8 101-38.400 Applicability.

The motor vehicle replacement standards prescribed in this subpart are the minimum standards to be used by all executive agencies desiring to replace motor vehicles. Executive agencies may retain motor vehicles that are in usable and workable condition even though the standard permits replacement, provided that the vehicle can be used or operated an additional period without excessive maintenance cost or substantial reduction in resale value. The fuel economy criteria set forth in $ 101-38.101-3 must be followed in acquiring replacement vehicles.

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§ 101-38.401-2 Use of self-service

pumps. Heads of agencies shall require the use of self-service pumps by their motor vehicle operators when purchasing fuel at commercial service stations with self-service pumps to the fullest extent possible. Operators should minimize the cost of fuel purchases by using service stations which accept the Standard Form 149, U.S. Government National Credit Card, and SF 149A, U.S. Government Fleet Credit Card, for gasoline purchases at self-service pumps.

§ 101–38.501 Agency requirements.

Each executive agency shall establish a scheduled maintenance program for all its Government-owned or -leased motor vehicles.

(57 FR 53283, Nov. 9, 1992)

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$ 101-38.502 Guidelines.

(a) A scheduled maintenance program should include a recorded, systematic procedure for the servicing and inspection of motor vehicles to:

(1) Ensure their safe and economical perating condition throughout the period of use;

(2) Meet established emission standards; and

(3) Meet warranty requirements.

(b) Agencies will ensure that all Government-owned or -leased, commercial design motor vehicles have inspection and servicing, including tune-ups, performed in accordance with the manufacturers' recommendations, or more frequently if local operating conditions require.

(c) Proper maintenance ensures that Government-owned -leased vehicles

(1) Operate in the most energy efficient manner and

(2) Meet Federal and State emission standards, including safe and proper

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or

(b) Exceptions. If a motor vehicle has been wrecked or damaged (including

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