The following is an excerpt from a Step 4 Decision dated
November 25, 1983, regarding employees using personal vehicles.
" ... the Postal Service does not require as a condition
for bidding that a clerical employee use his/her privately-owned automobile to perform
official duties."
Further, Regional Council for the United States Postal
Service states:
"Unless there is a contract between the employee and the
Postal Service for the use of the private vehicle, there would never be any circumstances
in which the Postal Service could order the employee to use his private vehicle. If such
an order were given, the employee would be entitled to refuse to obey. It would be a
wrongful effort to exert dominion over private property on behalf of the Federal
Government. The Judicial process for such an exercise is quite detailed, and the Postal
Service only follows such judicial route under the most unusual of circumstances. This
would never be applicable to an effort to require an employee to use his personal vehicle
for Postal Service purposes."
It is the recommendation of National Business Agent, Jeff
Kehlert, that under no circumstances should a bargaining unit worker use his personal
vehicle in the performance of USPS duties. Management must make transportation available
to you. If you utilize your personal vehicle for USPS duties, you may very well be
exposing yourselves to liability for your vehicle's damages in the event of an accident.
Your insurance may not cover you for use of your vehicle in a business capacity.
In a letter dated December 26, 1986, Regional Counsel for
the USPS states:
... that it a Postal employee is traveling in their personal
vehicle while in an on-duty status and involved in an accident, the Postal Service will
pay damages to the other vehicle if it is established that the Postal Service employee was
negligent. This is also true as to personal injury damages to the driver of the other
vehicle. The Postal Service will not pay for the damage done to the vehicle of the Postal
employee. The Postal Service will not Day any increase in premiums if the insurance
company charges more as a result of the accident. The Postal employee would be covered by
the OWCP just as if they were hurt in an industrial accident on the workroom floor. The
primary differences in the situation where the Postal employee is driving a Postal vehicle
and when they are driving their personal vehicle is that the Postal Service will not be
responsible for damages to the private vehicle of the Postal employee, whether or not the
Postal employee was at fault in the accident.
Fault does enter into whether the Postal Service would pay
damages, except in determining whether payments are due to the driver or owner of other
vehicles involved in the accident or other parties injured in such an accident. The postal
service is liable for any such damages which are attributable to the wrongful or negligent
conduct of a Postal Service employee acting in the scope of his or her employment.
