60-004 080-36

Subpart A-Motor Vehicle Operators

AUTHORITY: 5 U.S.C. 3301, 3302, 7301; 40 U.S.C. 491; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218; E.O. 11222, 3 CFR, 1964-1965 Comp., p. 306.

§ 930.101 Purpose.

The purpose of this subpart is to govern agencies in authorizing employees to operate Government-owned motor vehicles for official purposes within the States of the Union, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.

§ 930.102 Definitic ns. In this subpart:

(a) "Agency" means a department, independent establishment, or other unit of the executive branch of the Federal Government, including a wholly owned Government corporation, in the States of the Union, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.

(b) "Employee" means an employee of an agency in either the competitive or excepted service or an enrollee of the Job Corps established by section 102 of the Economic Opportunity Act of 1964 (42 U.S.C. 2712).

(c) "Federal medical officer" means a physician who is a Government employee, civilian or military, paid on a salary basis.

(d) "Identification card" means the United States Government Motor Vehicle Operator's Identification Card, Standard Form 46, which names the types of Government-owned vehicles the holder is authorized to operate.

(e) "Incidental operator" means an employee in other than an operator position who is required to operate a Government-owned motor vehicle in order properly to carry out his assigned duties.

(f) "Motor vehicle" means a vehicle, self-propelled, or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, but does not include a vehicle (1) designed or used for military field training, combat, or tactical purposes; (2) used principally within the confines of a regularly es

tablished military post, camp, or depot; or (3) regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of the agency determines that exclusive control of the vehicle is essential to the effective performance of those duties.

(g) "Operator" means an employee who is regularly required to operate Government-owned motor vehicles. This includes a chauffeur, mounted messenger, truck driver, garagemandriver, and guard-driver.

(h) "Practical road test" means OPM's Test No. 544.

(i) "State license" means a valid driver's license of the State, District of Columbia, Puerto Rico, or territory or possession of the United States in which the employee is domiciled or principally employed.

[33 FR 12519, Sept. 4, 1968, as amended at 39 FR 15110, May 1, 1974]

§ 930.103 Coverage.

This subpart governs agencies in authorizing their employees to operate Government-owned motor vehicles for official purposes within the States of the Union, the District of Columbia, Puerto Rico, and the territories or possessions of the United States.

§ 930.104 Reports required.

An agency shall submit to OPM, on request, (a) a copy of agency orders and directives issued in compliance with this subpart, and (b) such other reports as OPM may require for adequate administration and evaluation of the motor vehicle operator program.

§ 930.105 Office of Personnel Management standards and procedures required.

An agency shall adopt and use the Office of Personnel Management's testing procedures in filling competitive and excepted operator positions unless the agency develops alternate standards and procedures which meet the objectives of the motor vehicle operator program.

(5 U.S.C. 1104; Pub. L. 95-454, sec. 3(5)) [44 FR 54695, Sept. 21, 1979]

§ 930.106 Competitive operator position.

An agency may fill competitive operator positions by any of the methods normally authorized for filling competitive positions. The experience and training requirements for competitive operator positions shall include (a) an experience requirement, (b) a safe driving record, (c) the possession of a State license, and (d) except as provided in § 930.107, a practical road test.

§ 930.107 Waiver of practical road test.

(a) The Office of Personnel Management waives the practical road test requirement for operators of vehicles of one ton load capacity or less who possess a current driver's license from one of the 50 States, District of Columbia, or Puerto Rico, where the employee is domiciled or principally employed except for operators of buses, and vehicles used for (1) transportation of dangerous materials, (2) law enforcement, or (3) emergency services.

(b) The Office of Personnel Management waives the practical road test requirement for operators of any class of vehicle who possess a current driver's license from one of the 50 States, District of Columbia, or Puerto Rico, where the employee is domiciled or principally employed, for the specific type of vehicle to be operated.

(c) An agency may waive the practical road test requirement for operators not covered in paragraph (a) or (b) of this section when qualified examiners or test facilities are not available in the area and the operator position is to be filled by (1) temporary appointment pending establishment of a register, (2) temporary limited appointment, (3) noncompetitive temporary appointment, (4) reinstatement, (5) position change, or (6) transfer.

§ 930.109 Excepted operator position.

In filling an excepted operator position, an agency shall apply the provisions of §§ 930.106 and 930.107 which apply to the filling of a competitive operator position by appointment procedures of like nature.

§ 930.110 Incidental operator.

(a) To qualify as an incidental operator an employee shall (1) meet the physical standards established by OPM; (2) qualify on a road test determined by the agency to the appropriate; and (3) possess a state license.

(b) An agency head or his designated representative may waive the road test for incidental operators of vehicles of one ton load capacity or less who possess a current driver's license from one of the 50 States, District of Columbia, or Puerto Rico, where the employee is domiciled or principally employed except for incidental operators of buses, and vehicles used for (1) transportation of dangerous materials, (2) law enforcement, or (3) emergency services.

(c) An agency head or his designated representative may waive the road test for incidental operators of any class of vehicle who possess a current driver's license from one of the 50 States, District of Columbia, or Puerto Rico, where the employee is domiciled or principally employed, for the specific type of vehicle to be operated.

(d) An agency head or his designated representative may waive the road test for incidental operators not covered by paragraphs (b) and (c) of this section, but only when in his opinion it is impractical to apply it, and then only for an employee whose competence as a driver has been established by his past driving record.

(e) An agency head or his designated representative may waive the requirement for possession of a State license only under the circumstances set out in, and in accordance with, a specific authorization by OPM to the agency concerned.

[39 FR 15110, May 1, 1974]

§ 930.111 Identification card.

(a) An agency shall issue an identification card in accordance with this

subpart to each employee who operates a Government-owned motor vehicle.

(b) OPM may grant exceptions to the requirement in paragraph (a) of this section to certain employees who otherwise meet the requirements of this subpart when it finds these exceptions are in the interest of good administration.

§ 930.112 To whom issued.

(a) Each agency shall issue an identification card to:

(1) Each employee who qualifies for and is assigned to an operator position;

(2) Each employee who qualifies as an incidental operator; and

(3) Other employees who qualify in accordance with the requirements for incidental operator in § 930.110.

(b) An agency may issue an identification card without regard to the requirements in §§ 930.106 and 930.110:

(1) To an employee in an operator position under temporary appointment or detail not exceeding 1 month;

(2) For 1 month or less, to an employee in an operator position in order to permit completion of special testing approved by OPM in a particular selection program; and

(3) For one month or less, to other employees who are taking training to satisfy requirements as operators or incidental operators or under such circumstances as in the judgment of the agency is necessary in the interests of the Government.

An agency may issue an identification card under authority of this paragraph only to an employee who is in possession of a State license, except when this requirement is waived under § 930.110(e). An identification card issued under this paragraph shall include the time restriction imposed. [33 FR 12519, Sept. 4, 1968, as amended at 39 FR 15110, May 1, 1974]

(b) An agency may use the "Other Record" space on the identification card for relevant data such as an award for safe driving or a record of arrest.

§ 930.114 Identification card in possession. (a) An employee shall have an identification card in his possession at all times while driving a Governmentowned motor vehicle.

(b) OPM may grant exceptions to the requirement in paragraph (a) of this section.

(c) The holder of an identification card shall surrender the card when he leaves the issuing agency or moves to a position in which the driving of a Government-owned vehicle is not neces

sary.

§ 930.115 Renewal and reissuance of identification cards.

(a) An identification card is valid for not more than 3 years, and is renewable for additional periods of not more than 3 years each.

(b) An agency may renew or reissue an identification card only after the agency head or his designated representative has determined that the employee concerned continues to meet prescribed physical standards and continues to demonstrate competence in driving the motor vehicle to which assigned.

§ 930.116 State license in possession.

(a) An employee shall have a State license in his possession at all times while driving a Government-owned motor vehicle on a public highway.

(b) OPM may grant exceptions to the requirement in paragraph (a) of this section.

§ 930.117 Periodic physical testing.

At least once every 3 years each agency, in accordance with standards and procedures established by OPM, shall provide for testing the physical fitness of each employee who operates a Government-owned vehicle.

§ 930.118 Adverse actions.

An agency shall take any adverse action against an operator or an incidental operator in accordance with ap

plicable laws and regulations. Agency orders and directives shall include the following reasons among those constituting sufficient cause for an adverse action against an operator or an incidental operator:

(a) The employee is convicted of operating under the influence of narcotics.

(b) The employee is convicted of leaving the scene of an accident without making himself known.

(c) A Federal medical officer finds the employee fails to meet the required physical standards.

(d) The employee's State license is revoked.

(e) The employee's State license is suspended. However, the agency may continue the employee in his position for operation of Government-owned motor vehicles on other than public highways for not to exceed 45 days from the date of suspension of the State license.

Subpart B-Appointment, Pay, and Removal of Administrative Law Judges

AUTHORITY: 5 U.S.C. 1305, 3105, 3344, 5335, 5372, 7521, unless otherwise noted. GENERAL PROVISIONS

§ 930.201 Coverage.

(a) This subpart applies to persons appointed under section 3105 of title 5, United States Code, for proceedings required to be conducted in accordance with sections 556 and 557 of that title, and to administrative law judge positions.

(b) Except as otherwise provided in this subpart, the rules and regulations applicable to positions in the competitive service apply to administrative law judge positions.

§ 930.202 Definitions.

In this subpart:

(a) “Agency" has the meaning given it by section 551 of title 5, United States Code.

(b) "Detail" means the temporary assignment of an employee from one position to another position without change in his civil service or pay status. The assignment to an adminis

trative law judge of a case of the level of difficulty that would ordinarily be assigned to an administrative law judge of a different grade does not of itself constitute a detail within the meaning of this subpart.

(c) "Administrative law judge positions" means a position in which any portion of the duties includes those which require the appointment of an administrative law judge under section 3105 of title 5, United States Code.

(d) "Promotion" means a change in grade from one position to a higher graded position, whether newly created, or left vacant because of promotion, demotion, transfer, reassignment, retirement, separation of the last incumbent, or a change resulting from the assignment of work of higher grade than the work of the position to which the administrative law judge was absolutely appointed.

(e) "Reinstatement" means reemployment authorized on the basis of the appointee's absolute status as administrative law judge after separation from an administrative law judge position.

(f) "Removal" means an involuntary change in the status of an administrative law judge, including discharge, suspension, reduction in grade, reduction in pay, and a furlough of 30 days or less from the position of administrative law judge and demotion, reassignment, and promotion to a position other than that of administrative law judge.

(5 U.S.C. 7701, et seq.)

[33 FR 12519, Sept. 4, 1968, as amended at 44 FR 48955, Aug. 21, 1979]

§ 930.203 Appointment.

(a) Eligible rating. An applicant for an administrative law judge position who meets the minimum entrance requirements for entrance to the examination and attains a numerical rating determined by OPM as sufficient to produce an adequate register is eligible for appointment.

(b) Prior approval. An agency may make an appointment to an administrative law judge position only with the prior approval of OPM, except when it makes its selection from a certificate of eligibles furnished by OPM. An appointment is subject to investi

gation in accordance with §§ 731.201 through 731.303 of this chapter and subject to security clearance by the agency.

(c) Probationary and career-conditional periods. The requirement of a probationary and career-conditional period before absolute appointment does not apply to an appointment to an administrative law judge position.

(d) Appointment of incumbents of newly classified administrative law judge positions. An agency may appoint as an administrative law judge an employee who is serving in a position which is classified as an administrative law judge position on the basis of legislation, Executive order, or decision of a court if:

(1) He has a competitive status or was serving in an excepted position under a permanent appointment;

(2) He was serving in the position on the date of the legislation, Executive order, or decision of the court on which the classification of the position is based;

(3) OPM receives a recommendation for his appointment from the agency concerned not later than 6 months after classification of the position on the basis of the legislation, Executive order, or decision of the court; and

(4) OPM approves his qualifications for the position. In an emergency situation, when the needs of the service require it, OPM may authorize the conditional appointment of an employee to an administrative law judge position pending final decision on his eligibility for absolute appointment under this paragraph.

(e) Appointment of legislative and judicial employees. An agency may appoint a former employee of the legislative or judicial branch to an administrative law judge position if he passes such suitable noncompetitive examination as OPM prescribes and is otherwise eligible under the provisions of section 3304(c) of title 5, United States Code.

(f) Appointment of incumbents of nonadministrative law judge positions. Except as provided in paragraphs (c) and (d) of this section, an agency may not appoint an employee who is serving in a position other than an administrative law judge position