USE OF METERED PARKING SPACE BY GOVERNMENT CARS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00709R000400070020-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: June 6, 2001
• Sequence Number: 20
• Publication Date: December 21, 1948
• Content Type: MEMO

Approved Fo elease 2001/09/03: CIA-RDP84-00709R 00070020=0
OGC Has Reviewed
STATINTL Files
21 t'ecen-~ber n4;3
Use of L E!ter?e d Parking Space by Government Cars
1. The Quest-Inn has been rain! : regarding the
propriety or Paying for asteJ od parking,space when ears
beam Cloven ent tags are lined.
2. Vie Comptr?o11- r General has irtdieated in two
rpinYi. x=> that Da. tent for the use of ter d ,spaces,', for
Governmer:t cars will Mt be _ el.lowed. aas 104 C, there- its
no etetutOry- ;,-cvi sitn or judicial decision permitting i
1.n IF Co'n1,. Gen, 1519 It was held that appropriate mc-nias
cou a3 not be coneri.dered available. t'or the purchase of
service enrds for the parking of Governs cxttt vehicles in
a metered ronct lit j .eu of payment of parking fee rates.
This wts arc notwithstanding the fact that the charge for
the cards was normal and the fee covered the cost' of in
pection, installations operation $ control, et4. of the
pang area and meters., The question arose When the
Veto-trans' "dr1
in.istratior, indiestod" their, ,teed to park
care within a metered norm for the conven'Lence of dis-
abled bone-ficlaries obtal.ning prosthetle izp91iencss.
The Comptroller decided that It-was not fee-ess;try to ', deter
mine ehethor the charge was a tax or a. fee incidental, to
the excerl se of the Do] ice power. His opinion was bP sec
on the randamental freed,)r of the Federal Government from
Interference by a State or '~'!icipm3ity and he specifically
csil.led attention to the opinion of Mr. Justice Holmes it,
Johnson v, '~aryland a 254 U .S. ail s in which ft was stated!
th^t the :.b'reetion of agents c?f the F'edeers1 Goverment
to local low mny properly be e3:tencj'ed to general riles that
only incidentally affect the t t,'drs of" carrying out the e loy-
raent. Inferentially, the Co,vptr~*,ller indicated that the
identjt cntlan of the car as a Govrnrnmsnt-owned vehicle
would obvarate any liability for payment of the parking fee.
The opinion was approved and amplified lira 26 C Gen. 397
in a si tvatian where meters were removed and the o estricted
space w rented from the ?city. Ageing he emphasized-the
feet that payment of the rent 'rots :not authorized, i this
absence of a court deci.s1 n or a nstatutory provision,
3. In practice, the vroblOen does not appear to have -
s.rieen - or at least not to have bean quoetiooed -,-In
several Governiv t ;penciefi queried In WusMueton. In the
Approved For Release 2001/09/03 : CIA-RDP84-0O7.09R000400070020-0-
 me shiall prob-zbly have the clearest presentation of tht
fraction acre d by the iocn1 :policie. When this hEppenfi,
jr. an j3npe.!Id tretp ! space and x oi:'d,ce of traffic ,
been any instsnce in which a Govearnuent Car =: d'_1Mt'_:
4. Unfortunatel.yg there does r vt appear, to : E ,a
enter! r+r is ecnpictely tuna-were of any difflou1t7.
ranttricted or metered a toes j and th,e Department of
r. t tins pollee permits for everyone uatng eRrs within
in the Corps of F?.n ;ineors. The Treasur7, I>ep9art nt
pf-?ann to whoa the ear is 9sslgned. This is also true
3: CIA-RDP84-00709R000400070020-0
case of the Army q the fee is paid %'hen` n*ceas ry by the
Approved For Release 2001/09/03 : CIA-RDP84-00709R.ODG40007002O-V