
posh ie, Bape 
ADMINISTRATIVE 
Liability of Drivers of Government Vehicles 
Employees of the Bureau should be interested in an Opinion issued by 
the Solicitor of the Department in reply to questions in reference to the 
responsibility of drivers of vehicles used in official work of the Depart— 
ment. 
The questions are as follows: 
(1) Where an employee in the field drives a Government—owned vehicle 
on official business, what is the limit of responsibility of the Govern- 
ment both in the matter of injury to personal property, injury to the car 
itself, injury to the individual, and injury to other individuals? What 
is the responsibility of the driver, and what protection does the Govern— 
ment give him? What is the responsibility of the driver's supervisor who 
may have specifically instructed him as to his work? Again, what is the 
responsibility of supervisors directing the work further up the’ line? I 
would like this matter of responsibility in all of these phases discussed 
both from the standpoint of whether the driver is negligent or is not 
negligent. 
(2) What is the responsibility of the Government, the driver, and 
the supervisors where the truck is rented instead of Government—owned?° I 
Should like this discussed in all of the phases indicated under No. 1. 
(3) What is the responsibility of the Government, the driver and 
Supervisors, where a machine is rented from the individual who is driving 
on a mileage basis? 
The Solicitor's reply, dated October 29, 1929, reads: 
1. The driver of a Government-owned vehicle is personally liable 
and may be sued for any damages caused by reason of his negligent opera— 
tion of a Government—owned vehicle to personal property, as well as to in- 
jury to individuals. The only protection afforded him by the Government 
are the provisions of the Act of December 28, 1922, (40 Stat. 1066), 
authorizing the heads of the Departments to consider, ascertain, adjust 
and determine any claim on account of damages to, or loss of privately-— 
owned property, where the amount does not exceed $1,000, caused by the 
negligence of any officer or employee of the Government acting within the 
scope of his employment. It will be noted that this Act is limited to 
damages to personally owned property and it does not extend to personal 
injury. The owner of the property damaged could elect to sue the employee-— 
operator in lieu of filing claim under the Act, As a practical proposi- 
tion, however, this is not very apt to occur. The Act of December 28, 
1922 being limited to damages to property, in the case of an accident 
where an automobile is damaged and an individual hurt by a Government 
driver, the Secretary could only certify to Congress the amount of damages 
to the automobile and the employee-operator would be solely liable for 
the personal injuries. 
