What is considered an abused car?
Vehicle Misuse & Reckless Driving
The How’s My Driving program allows the public to report the misuse or reckless driving of a GSA vehicle. For more information on this program, or to report an incident, review the information below and follow the procedures for submitting a report.
What to do when witnessing vehicle misuse or reckless driving
To report the misuse or reckless driving of a government vehicle, email howsmydriving@gsa.gov and provide the following information:
- Date of the incident
- Time of the incident
- Location of alleged misuse
- Activity that is the cause of your concern
- License plate number
- GSA-leased vehicles have license plates with the following structure: GXX-XXXXX. If the license plate does not begin with a G, then it is not owned by GSA. However, if the license plate belongs to another federal entity, we can forward the report to the owning agency on your behalf.
- For a list of federal government license plate prefixes, please see GSA FMR Bulletin B-11 [DOC — 123 KB] .
Anonymous reporting
If you want to remain anonymous in your report, please indicate it in your email to howsmydriving@gsa.gov. However, if you request to remain anonymous, you will not receive any updates about your inquiry. We will keep your email on file in case we require additional information to conduct an investigation. In that case, we will contact you directly and ask if the investigating agency can contact you.
What happens when a report is submitted
When GSA receives a report, we forward the report to the agency leasing that vehicle. It can take an agency several weeks, and even months, to complete an investigation, depending on the nature of the complaint and the agency’s internal procedures. We may not be able to report any action taken against drivers following a complaint. We are unable to establish time frames for agency investigations or mandate a response within a certain period of time. The leasing agency is responsible for the investigation and any response.
Request an update for a report
To request a status update on your report, email howsmydriving@gsa.gov. GSA Fleet vehicles are leased to other federal agencies, and they are responsible for their drivers’ actions. It may take a long time for an agency to complete an investigation and respond.
Driver Responsibilities and Authorized Use
You are responsible for your vehicle’s proper use, maintenance, and protection.
In accordance with Federal Management Regulation (FMR) 102-34.235, you must obey all motor vehicle traffic laws of the state and local jurisdiction when driving a federal government vehicle, except when the duties of your position require otherwise. You are personally responsible if you are fined or otherwise penalized for an offense you commit while performing official duties.
You may not use a government motor vehicle for transportation between your residence and place of employment, unless your agency authorizes such use after making the necessary determination under 31 U.S.C. 1344 and Part 102-5.
Driver Do’s
To report the misuse or reckless driving of a government vehicle, email howsmydriving@gsa.gov and provide the following information:
- Do keep the vehicle, charge card, and keys safe to protect against damage, theft, or misuse. Keep the card in a secure place. Do not store the card in the vehicle. Your agency is liable for fleet card misuse or any losses.
- Do keep cards out of heat and away from magnets and cell phones.
- Do enter correct the odometer reading at the pump.
- Do obey all traffic laws. You are personal responsible for traffic or parking violations.
- Do park the vehicle in a secure facility when possible. The agency is responsible for parking and storage expenses.
- Do lock all doors, set the parking brake, and carry the keys and fleet card with you when leaving the vehicle unattended.
- Do turn in the keys and the charge card when returning the vehicle to your agency point of contact or to GSA.
- Do report lost, damaged, or stolen charge cards and/or license plates to your Fleet Service Representative (FSR) immediately. Your FSR will forward the lost tag report to the Department of Homeland Security.
- Do immediately report vehicle theft to:
- Local law enforcement
- Your Fleet Service Representative
- Your supervisor
- Breakdown towing
- Lockout services
- Vehicle jump-starting
Driver Don’ts
- Don’t use the vehicle for activities outside of your agency’s mission, including private business or personal errands. You may be disciplined for reported incidents of misuse (Federal Management Regulation (FMR) 102-34.200).
- Don’t, without specific permission from the head of your agency or their designee, transport:
- Family
- Personal friends
- Non-government employees outside of your agency’s mission
Last Reviewed: 2023-02-13
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What is considered an abused car?
13-3623 . Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions
A. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-705.
2. If done recklessly, the offense is a class 3 felony.
3. If done with criminal negligence, the offense is a class 4 felony.
B. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
1. If done intentionally or knowingly, the offense is a class 4 felony.
2. If done recklessly, the offense is a class 5 felony.
3. If done with criminal negligence, the offense is a class 6 felony.
C. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.
D. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.
E. This section does not apply to:
1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient’s condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.
2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.
F. For the purposes of this section:
1. «Abuse», when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:
(a) Intentional infliction of physical harm.
(b) Injury caused by criminally negligent acts or omissions.
(c) Unlawful imprisonment, as described in section 13-1303.
(d) Sexual abuse or sexual assault.
2. «Child» means an individual who is under eighteen years of age.
3. «Emotional abuse» means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.
4. «Physical injury» means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.
5. «Serious physical injury» means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
6. «Vulnerable adult» means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.
Leaving Kids in the Car – Does California Consider it Child Endangerment?
The definition of child endangerment is an act by a person towards a child that can cause abuse. A child who is the victim of this is usually neglected or wronged in some significant way. Picture this scenario, a harried mom of four leaves her kids in the car to run into the dry cleaner for a total of two minutes. Is she doing something wrong? Sometimes the things that parents think are safe, are the exact opposite especially in the eyes of the law. One of these examples is leaving a child in the car.
They might think that they are only popping into Starbucks for a quick minute, but it can be considered child endangerment to leave a child behind in a vehicle for any amount of time.
The Laws Are Specific To Each Individual State
The laws vary from state to state, but in California, under penal code 273a PC, it states that even if a child isn’t injured in the act of negligence it can still be considered endangerment. In California, the law states that you can’t leave a child under the age of six-years-old alone in a car without the supervision of someone over the age of twelve.
You also can’t leave the car running because it presents another danger to the people around the car if the child is able to get in the driver’s seat and accidentally operate the vehicle in an unsafe way possibly hurting someone in the process.
Try To Avoid Leaving Kids In The Car
It’s still a danger to leave a small child in a car. For one reason, it can get very hot in California, so it is a safety hazard to leave a kid in a car when the temperature rises even with the windows rolled down. Another point is that they could also get out of the car, and wander into traffic or a busy parking lot. Children get confused and scared easily.
One could go on and on about the “what if’s” of what could happen when a child is left in a vehicle, but the main point is that it is just unsafe in any capacity no matter how short of a time the parent or caretaker is going to be gone.
What Are The Charges If You Do?
The penalties vary from a child endangerment charge. Most of the time it is considered a misdemeanor, but if the child is gravely injured from the act of negligence then it might be upgraded to a felony. Either way, it’s wise to keep your child with you when you are out at all times.
Normal citizens are very sensitive to this issue because a number of children lately in the news have suffered harm from being left in a vehicle. More than likely someone will see your child alone in the car, pull out their cell phone, and immediately call the police. People make mistakes though, and if you are in this situation you do have some legal defense.
Categories
- Child Endangerment
