From: Subject: Quincy IL Area Local - APWU - Using Your Vehicle for PO business Date: Mon, 9 Mar 2009 14:42:39 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://users.adams.net/~apwuqcy/UsingPOV.html X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 Quincy IL Area Local - APWU - Using Your Vehicle for = PO business
If You Have Ever = Been Asked=20 To Drive Your Personal Vehicle On Postal Business... READ=20 THIS!

The following is an excerpt from a Step = 4 Decision=20 dated November 25, 1983, regarding employees using personal = vehicles.=20
" ... the Postal Service does not = require as a=20 condition for bidding that a clerical employee use his/her = privately-owned=20 automobile to perform official duties."=20

Further, Regional Council for the United = States=20 Postal Service states:
"Unless = there is a=20 contract between the employee and the Postal Service for the use of the = private=20 vehicle, there would never be any circumstances in which the Postal = Service=20 could order the employee to use his private vehicle. If such an order = were=20 given, the employee would be entitled to refuse to obey. It would be a = wrongful=20 effort to exert dominion over private property on behalf of the Federal=20 Government. The Judicial process for such an exercise is quite detailed, = and the=20 Postal Service only follows such judicial route under the most unusual = of=20 circumstances. This would never be applicable to an effort to require an = employee to use his personal vehicle for Postal Service = purposes."=20

It is the recommendation of National = Business=20 Agent, Jeff Kehlert, that under no circumstances should a bargaining = unit worker=20 use his personal vehicle in the performance of USPS duties. Management = must make=20 transportation available to you. If you utilize your personal vehicle = for USPS=20 duties, you may very well be exposing yourselves to liability for your = vehicle's=20 damages in the event of an accident. Your insurance may not cover you = for use of=20 your vehicle in a business capacity.=20

In a letter dated December 26, 1986, = Regional=20 Counsel for the USPS states:
... = that it a=20 Postal employee is traveling in their personal vehicle while in an = on-duty=20 status and involved in an accident, the Postal Service will pay damages = to the=20 other vehicle if it is established that the Postal Service employee was=20 negligent. This is also true as to personal injury damages to the driver = of the=20 other vehicle. The Postal Service will not pay for the damage done to = the=20 vehicle of the Postal employee. The Postal Service will not Day any = increase in=20 premiums if the insurance company charges more as a result of the = accident. The=20 Postal employee would be covered by the OWCP just as if they were hurt = in an=20 industrial accident on the workroom floor. The primary differences in = the=20 situation where the Postal employee is driving a Postal vehicle and when = they=20 are driving their personal vehicle is that the Postal Service will not = be=20 responsible for damages to the private vehicle of the Postal employee, = whether=20 or not the Postal employee was at fault in the accident.=20

Fault does enter into whether the Postal = Service=20 would pay damages, except in determining whether payments are due to the = driver=20 or owner of other vehicles involved in the accident or other parties = injured in=20 such an accident. The postal service is liable for any such damages = which are=20 attributable to the wrongful or negligent conduct of a Postal Service = employee=20 acting in the scope of his or her employment.=20

(Reprinted from The = Guardian)=20

Return to the Top = of the=20 Quincy IL Area Local Home page=20


 
This=20 page was last updated on November 22nd, 1998.=20

This site was created by Jack = Ball.=20
Please address all comments and = corrections to=20 him at apwuqcy@adams.net =