Cal. Code Regs. tit. 2 § 599.628.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 599.628.1 - Transportation by Aircraft - Excluded Employees

The following language is effective October 1, 2024:

In the determination of fare or mileage reimbursement for transportation by airplane, the point of origin and return shall be an appropriate airport facility serving the area of the employee's residence or headquarters, whichever is most advantageous for the state.

(a) Scheduled Airline. Reimbursement of expenses for transportation by scheduled airline shall be at the current contract rate; except that when the employee's actual airfare is lower, the lower amount shall be reimbursed. Claims for reimbursement of higher fares or extra charges for transportation by scheduled airline may be allowed if accompanied by a full explanation stating the facts constituting the official necessity, and approved by the appointing power.

(b) Privately-Owned Aircraft. A claim from an employee for transportation by privately-owned aircraft shall be allowed where the employee has obtained prior approval of the use of this form of transportation from the employee's agency.

(1) If an employee is to act as pilot, the employee must satisfy the following insurance requirements:

(A) certificate of current insurance in an amount of not less than $50,000 per person liability and

(B) certificate of current insurance in an amount of not less than $1,000,000 liability per incident.

(2) Reimbursement for the use of the employee's privately-owned aircraft shall be made at the current Federal Standard Mileage Rate for privately owned aircraft per statute mile. Claims for reimbursement for privately-owned aircraft expenses must include the civilian airplane license number and the name of each state officer; employee; or board, commission, or authority member transported on the trip. No reimbursement of transportation expenses will be allowed for any employee while a passenger in any airplane operated by another officer, employee or member.

(A) Distance shall be computed on the basis of shortest air route from origin to destination, using airways whenever possible. Distance shown on claim shall be clearly marked "Air Distance".

(B) When the trip is limited solely to state business and the "Air Distance" cannot accurately be computed from origin to destination, the agency head may authorize reimbursement for the actual cost of renting a plane.

(3) Reimbursement for use of a rented aircraft will be for actual and necessary costs of such rental when substantiated by a receipt.

(A) Reimbursement will be authorized only for the size and type of aircraft necessary to complete the assignment.

(B) When substantiated by a receipt, reimbursement will be made for actual and necessary expenses for landing and parking fees in connection with the use of the aircraft. Reimbursement will not be allowed for storage or parking fees at the location where the privately-owned aircraft is normally stored.

(4) If an employee is to act as pilot and carry passengers the employee must, in addition to Federal Aviation Administration regulations, have previously logged as a certified pilot, at least 250 hours of actual flight as pilot in command of an aircraft. In addition, the employee pilot must have logged, as a pilot in command of an aircraft, at least 40 hours of actual flight within the preceding 12 months.

Any employee pilot who has carried or intends to carry passengers may be required to present the employee's log book substantiating that the employee meets the requirements. Passenger shall be defined as any person other than the pilot traveling in the aircraft. An employee pilot who carries a passenger but fails to meet the above qualifications shall not be reimbursed for transportation expense.

(c) Payment of Fare. Payment for transportation by aircraft may be made by (1) cash, (2) credit card, or (3) ticket order. When payment is made by cash, the travel expense claim must be accompanied by the traveler's flight coupon, in accordance with section 599.625.1 of these regulations. If no flight coupon was issued, as may be the case with chartered or private aircraft, a formal receipt must be submitted. If payment was made by credit card or by ticket order, this should be noted on the travel expense claim.

(d) Air Travel Insurance. Any state agency may insure its officers and employees against injury or death arising from aircraft accidents incurred while flying on state business in other than regularly scheduled passenger aircraft, subject to the following conditions:

(1) Insurance shall be provided only to those employees who are directed to fly to fulfill their work requirements. Insurance coverage shall not be provided when use of a privately-owned aircraft is for point-to-point transportation and is a voluntary response from the employee, even though such use may be advantageous to the state.

(2) Application for insurance shall be submitted to, and the insurance procured by, the Department of General Services.

(3) Except as provided in subsection (4) below, the maximum limit of such insurance shall be $15,000 in the case of death or dismemberment for each officer and employee.

(4) For excluded employees, as defined in section 599.615.1(b) of these regulations, the maximum limit for air travel insurance shall be $50,000 in the case of death or dismemberment for each officer and employee.

Cal. Code Regs. Tit. 2, § 599.628.1

Note: Authority cited: Sections 18502, 19815.4(d) and 19820, Government Code. Reference: Sections 11030 and 11030.5, Government Code.

1. New section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).
2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
3. New first paragraph and amendment of section filed 9-25-2024; operative 9/25/2024 pursuant to Government Code section 3539.5(b) Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5(b) (Register 2024, No. 39).