Section 599.803 - Actual Costs and Liability(a) Liability for Actual Costs. An employee shall be liable to the state for the actual costs to the state attributable to his/her misuse of a state-owned motor vehicle. Where, however, and to the extent that a superior directs the misuse, the superior and not the subordinate shall be liable.(b) Elements of Actual Costs. Actual costs shall include: (1) Expense of Operation. Expense of operation of a state-owned vehicle for the distance traveled during such misuse. Where the misuse amounts to an unreasonable deviation from the shortest practical route the operating expense shall be computed on a mileage basis for the distance traveled in excess of the shortest practical route.(2) Property Damage. Any and all property damage to the state-owned motor vehicle, and other state property, proximately resulting from such misuse. Provided further, that a credit shall be allowed the employee equal to any amount paid to the state by a third party.(3) Reimbursement to State. The amount of any judgment or claim not covered by insurance that the state pays by reason of the death, injury, or damage to persons or property arising out of misuse of a state-owned vehicle, including interest at the legal rate accruing from the time of payment by the state.(c) Right of Subrogation. In no event shall these regulations be construed as conferring a right of subrogation on the part of insurance carriers for state vehicles where no such right existed at the time of the adoption of these regulations.(d) Third Parties. These regulations are intended to provide rules of use for state-owned vehicles as between the state and its officers and employees only, and shall not affect in any way rights and obligations of third parties, including insurance carriers for the state-owned vehicles.Cal. Code Regs. Tit. 2, § 599.803
1. Change without regulatory effect amending section heading, section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42). Note: Authority cited: Sections 18502, 19815.4(d) and 19993.2, Government Code. Reference: Section 19993.2(b), Government Code.
1. Change without regulatory effect amending section heading, section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).