41 CFR § 109-38.403-3 - Exceptions.

---
identifier: "/us/cfr/t41/s109-38.403-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "41 CFR § 109-38.403-3 - Exceptions."
title_number: 41
title_name: "Public Contracts and Property Management"
section_number: "109-38.403-3"
section_name: "Exceptions."
chapter_number: 109
chapter_name: "DEPARTMENT OF ENERGY PROPERTY MANAGEMENT REGULATIONS"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "109-38"
part_name: "38—MOTOR EQUIPMENT MANAGEMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7254."
regulatory_source: "81 FR 63265, Sept. 14, 2016, unless otherwise noted."
cfr_part: "109-38"
---


# 109-38.403-3 Exceptions.

Exceptions to § 109-38.403-2 of this subpart are as follows:

(a) As a result of the negligent or willful act of a party other than the organization or its employee, and the responsible party can be determined; or

(b) As a result of mechanical failure and the employee was not otherwise negligent. Proof of the failure must be provided; or

(c) As a result of normal wear comparable to similar vehicles.