33-2-8. Use of department motor vehicles and equipment by off-duty department employees.

1. (1)

   Certified law enforcement officers employed by the department may use a department motor vehicle while working an off-duty job if such job requires vested police powers as a condition of employment, has been approved by the Commissioner, and has been determined by the Commissioner to be in furtherance of the department’s mission and service to the state. Department motor vehicles used for off-duty employment shall not be used at any political function.#

2. (2)

   Except as otherwise provided for in this subsection, department motor vehicles shall be used only in the discharge of official duties.#

3. (3)

   Any other department equipment shall be used only with the express written approval of the Commissioner.#

The Commissioner, in his or her sole discretion, in granting approval for such off-duty job in which a department motor vehicle is used, prior to the use of such vehicle, shall determine whether the off-duty employer provided for in subsection (a) of this Code section shall reimburse the department for use of the vehicle. When reimbursement is required, such off-duty employer shall enter into a written agreement with the department to pay an amount determined by the Commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such agreement, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; provided, however, that such compensation shall not be characterized as direct employment compensation but shall be paid as services under contract.#

Employees of the department operating a department motor vehicle pursuant to this Code section shall be deemed to be acting within the scope of their official duties and employment within the meaning of Article 2 of Chapter 21 of Title 50, “The Georgia Tort Claims Act,” and the commissioner of administrative services shall provide liability coverage for claims arising out of such use.#

The Commissioner shall adopt rules and regulations governing the use of department motor vehicles and equipment by off-duty department employees.#