Cal. Code Regs. tit. 2 § 599.631

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

Section 599.631 - Transportation by Privately Owned Automobile - Excluded Employees

The following language is effective October 1, 2024:

(a) Where the employee is authorized to use a privately owned automobile on official state business the reimbursement rate shall be at the current Federal Standard Mileage Rate. Claims for reimbursement for private vehicle expenses must include the vehicle license number and the name of each state officer, employee or board, commission or authority member transported on the trip. No reimbursement of transportation expense shall be allowed for any passenger in any vehicle operated by another state officer, employee or member.

(1) Expenses arising from travel between residence and headquarters or garage shall not be allowed, except as provided in section 599.626(d)(2) or 599.626.1(c) of these regulations, regardless of the employee's normal mode of transportation.

(2) When a trip is commenced or terminated at a claimant's residence on a regularly scheduled work day, the distance traveled shall be computed from either their residence or headquarters, whichever shall result in the lesser distance except as provided in section 599.626.1(c) of these regulations.

(3) However, if the employee commences or terminates travel on a regularly scheduled day off, mileage may be computed from their residence.

(b) Where the employee's use of a privately owned automobile is authorized for travel to or from a common carrier terminal, as defined in section 599.626.1(a), or a rental car agency, and the automobile is not parked at the terminal or rental car agency during the period of travel, the employee may claim double the number of miles between the terminal and the employee's headquarters or residence, whichever is less, at a rate as defined in section 599.631(a) of these regulations, while the employee occupies the automobile for the distance between the terminal and their residence or headquarters. If the employee commences or terminates travel one hour before or after the employee's regularly scheduled work day, or on a regularly scheduled day off, mileage may be computed from the employee's residence.

(c) All ferry, bridge, or toll road charges will be allowed with any required receipts.

(d) All necessary parking charges while on state business will be allowed, with any required receipts, for:

(1) Day parking on trips away from the headquarters office and excluded employee's primary residence.

(2) Overnight public parking on trips away from the headquarters and excluded employee's primary residence, except that parking shall not be claimed if expense-free overnight parking is available.

(3) Day parking adjacent to either a headquarters office, a temporary job site or training site, but only if the excluded employee had other reimbursable private or state automobile expenses for the same day. An employee may not prorate weekly or monthly parking fees.

(e) Gasoline, electric vehicle charging, maintenance and automobile repair expenses will not be allowed.

(f) The Federal Standard Mileage Rate includes the cost of maintaining liability insurance at the minimum amount prescribed by a law and collision insurance sufficient to cover the reasonable value of the automobile, less a deductible. When a privately owned automobile operated by a state officer, agent or excluded employee is damaged by collision or is otherwise accidentally damaged, reimbursement for repair or the deductible to a maximum of $500 will be allowed if:

(1) the damage occurred while the automobile was used on official state business by permission or authorization of the employing agency; and

(2) the automobile was damaged through no fault of the state officer, agent or excluded employee; and

(3) the amount claimed is an actual loss to the state officer, agent or excluded employee, and is not recoverable directly from or through the insurance coverage of any party involved in the accident; and

(4) the loss claimed does not result from a decision of a state officer, agent or excluded employee not to maintain collision coverage; and

(5) the claim is processed in accordance with the procedures prescribed by the Department.

(g) Specialized Vehicles. An employee with a physical disability who must operate a motor vehicle on official state business and who can operate only specially equipped or modified vehicles may claim reimbursement at the current Federal Standard Mileage Rate. Where travel is authorized to and from a common carrier terminal or a rental car agency, as specified in section 599.631(b) of these regulations the employee may compute the mileage as defined in section 599.631(b) of these regulations. Supervisors approving these claims must determine the employee's need for the use of such vehicles.

Cal. Code Regs. Tit. 2, § 599.631

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

1. Amendment of subsections (a)-(c) and (h) filed by the Department of Personnel Administration with the Secretary of State on 8-20-84; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 85, No. 18).
2. Amendment filed by the Department of Personnel Administration with the Secretary of State on 7-8-87; operative 7-8-87. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 87, No. 32).
3. Amendment filed by the Department of Personnel Administration with the Secretary of State on 6-27-88 pursuant to Government Code section 3539.5. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 31).
4. Amendment filed by the Department of Personnel Administration with the Secretary of State on 6-30-89; operative 6-30-89. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 33).
5. Amendment filed 12-31-91 with Secretary of State by Department of Personnel Administration; operative 12-31-91. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 92, No. 12).
6. Amendment of section heading and 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).
7. Amendment of subsection (a)(1) filed 1-10-96; operative 1-10-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 96, No. 38).
8. Editorial correction of subsection (g) (Register 96, No. 38).
9. Amendment of subsection (a) filed 7-1-97; operative 7-1-97 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 97, No. 27).
10. Amendment of subsections (a), (a)(2) and (g) filed 10-28-99; operative 11-2-99. Submitted to OAL for printing only (Register 99, No. 51). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines "print only" regulations as "regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review . . . ." (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346- 11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.
11. Amendment of subsections (a) and (g) filed 10-1-2001; operative 10-1-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 46).
12. 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).
13. 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).