Cal. Code Regs. Tit. 2, § 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.
Notes
Note: Authority cited: Sections 18502, 19815.4(d) and 19993.2, Government Code. Reference: Section 19993.2(b), Government Code.
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