[Title 32 CFR 636.38]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter I - LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS]
[Part 636 - MOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS)]
[Subpart A - Fort Stewart, Georgia]
[Sec. 636.38 - Impounding privately owned vehicles (POVs).]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE42002-07-012002-07-01falseImpounding privately owned vehicles (POVs).636.38Sec. 636.38NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSMOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS)Fort Stewart, Georgia
Sec. 636.38 Impounding privately owned vehicles (POVs).
This section provides the standards and procedures for towing,
inventorying, searching, impounding, and disposing of private owned
vehicles.
(a) Implied consent to vehicle impoundment. Any person granted the
privilege of operating a motor vehicle on the Fort Stewart/Hunter Army
Airfield installations shall be deemed to have given his or her consent
for the removal and temporary impoundment of the privately owned vehicle
when it is parked illegally for unreasonable periods, interfering with
operations, creating a safety hazard, disabled by accident, left
unattended in a restricted or controlled area, or abandoned. Such
vehicles will be towed by a contracted civilian wrecker service and
placed in that service's storage lot. Such persons further agree to
reimburse the civilian wrecker service for the cost of towing and
storage should their vehicle be removed or impounded.
(b) Standards of impoundment. (1) Privately owned vehicles will not
be impounded unless they clearly interfere with ongoing operations or
movement of traffic, threaten public safety or convenience, are involved
in criminal activity, contain evidence of criminal activity, or are
stolen or abandoned.
(2) The impoundment of a privately owned vehicle is inappropriate
when reasonable alternatives to impoundment exist.
(i) An attempt will be made to locate the owner of the privately
owned vehicle and have the vehicle removed.
(ii) The vehicle may be moved a short distance to a legal parking
area and temporarily secured until the owner is located.
(iii) Another responsible person may be allowed to drive or tow the
privately owned vehicle with permission from the owner, operator, or
person empowered to control the vehicle. In this case, the owner,
operator, or person empowered to control the vehicle will be informed
that the Military Police are not responsible for safeguarding the
privately owned vehicle.
(3) Impounding of privately owned vehicle is justified when any of
the following conditions exist:
(i) The privately owned vehicle is illegally parked--
(A) On a street or bridge, or is double parking and interferes with
the orderly flow of traffic.
(B) On a sidewalk, within an intersection, or a cross-walk, on a
railroad track, in a fire lane, or is blocking a driveway, so that the
vehicle interferes with the operations or creates a safety hazard to
other roadway users or the general public. An example would be a vehicle
parked within 15 feet of a fire hydrant or blocking a properly marked
driveway of a fire station or aircraft-alert crew facility.
(C) When blocking an emergency exit door of any public place
(installation theater, club, dining facility, hospital, or other
facility).
(D) In a ``tow-away'' zone that is so marked with proper signs.
(ii) The privately owned vehicle interferes with--
(A) Street cleaning operations and attempts to contact the owner
have been unsuccessful.
(B) Emergency operations during a natural disaster or fire or must
be removed from the disaster area during cleanup operations.
(iii) The privately owned vehicle has been used in a crime or
contains evidence of criminal activity.
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(iv) The owner or person in charge has been apprehended and is
unable or unwilling to arrange for custody or removal.
(v) The privately owned vehicle is mechanically defective and is a
menace to others using the public roadways.
(vi) The privately owned vehicle is disabled by a traffic incident
and the operator is either unavailable or physically incapable of having
the vehicle towed to a place of safety for storage or safekeeping.
(vii) Military Police reasonably believe the vehicle is abandoned.
(c) Towing and storage. (1) Impounded privately owned vehicles will
be towed and stored by a contracted wrecker service.
(2) An approved impoundment area belonging to the contracted worker
service will be used for the storage of impounded vehicles. This area
will assure adequate accountability and security of towed vehicles. One
set of keys to the enclosed area will be maintained by the Military
Police.
(3) Temporary impoundment and towing of privately owned vehicles for
violations of this supplement or involvement in criminal activities will
be accomplished under the direct supervision of the Military Police.
(d) Procedure for impoundment. (1) Unattended privately owned
vehicles.
(i) DD Form 2504 (Abandoned Vehicle Notice) will be conspicuously
placed on privately owned vehicles considered unattended. This action
will be documented by an entry in the Military Police desk journal.
(ii) The owner will be allowed three days from the date the
privately owned vehicle is tagged to remove the vehicle before
impoundment action is initiated. If the vehicle has not been removed
after three days, it will be removed by a contracted civilian wrecker
service. A DD Form 2505 (Abandoned Vehicle Removal Authorization) will
be completed and issued to the contractor by the Military Police.
(iii) After the vehicle has been removed, the Military Police will
complete DD Form 2506 (Vehicle Impoundment Report) as a record of the
actions taken.
(A) An inventory listing personal property will be done to protect
the owner, Military Police, the Contractor, and the Commander.
(B) The contents of a closed container such as a suitcase inside the
vehicle need not be inventoried. Such articles should be opened only if
necessary to identify the owner of the vehicle or if the container might
contain explosives or otherwise present a danger to the public. Merely
listing the container and sealing it with security tape will suffice.
(C) Personal property will be placed in the Military Police found
property room for safe keeping.
(iv) DD Form 2507 (Notice of Vehicle Impoundment) will be forwarded
by certified mail to the address of the last known owner of the vehicle
to advise the owner of the impoundment action, and request information
concerning the owner's intentions pertaining to the disposition of the
vehicle.
(2) Stolen privately owned vehicles or vehicles involved in criminal
activity. (i) When the privately owned vehicle is to be held for
evidentiary purposes, the vehicle will remain in the custody of the
Military Police or CID until law enforcement purposes are served.
(ii) Recovered stolen privately owned vehicles will be released to
the registered owner, unless held for evidentiary purposes, or to the
law enforcement agency reporting the vehicle stolen.
(iii) A privately owned vehicle held on request of other authorities
will be retained in the custody of the Military Police or CID until the
vehicle can be released to such authorities.
(e) Search incident to impoundment based on criminal activity.
Search of a privately owned vehicle in conjunction with impoundment
based on criminal activity will likely occur in one of the following
general situations:
(1) The owner or operator is not present. This situation could arise
during traffic and crime-related impoundments and abandoned vehicle
seizures. A property search related to an investigation of criminal
activity should not be conducted without search authority unless the
item to be seized is in plain view or is readily discernible on the
outside as evidence of criminal activity. When in doubt, proper search
authority should be sought, during duty
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hours, through the Chief, Criminal Law Branch of the Office of Staff
Judge Advocate and after duty hours from the Duty Judge Advocate, before
searching.
(2) The owner or operator is present. This situation can occur
during either a traffic or criminal incident, or if the operator is
apprehended for a crime or serious traffic violation and sufficient
probable cause exists to seize the vehicle. This situation could also
arise during cases of intoxicated driving or traffic accidents in which
the operator is present but incapacitated or otherwise unable to make
adequate arrangements to safeguard the vehicle. If danger exists to the
Military Police or public or if there is risk of loss or destruction of
evidence, an investigative type search of the vehicle may be conducted
without search authority.
(f) Disposition of vehicles after impoundment. (1) If a privately
owned vehicle is impounded for evidentiary purposes, the vehicle can be
held for as long as the evidentiary or law enforcement purpose exists.
The vehicle must then be returned to the owner without delay unless
directed otherwise by competent authority.
(2) If the vehicle is unclaimed after 45 days from the date
notification was mailed to the last known owner or the owner released
the vehicle by properly completing DD Form 2505, the vehicle will be
disposed of by one of the following procedures:
(i) Release to the lienholder, if known.
(ii) Processed as abandoned property in accordance with DOD 4160.21-
M.
Appendix A to Part 636--References
Publications and forms referenced in this part may be viewed at the
Office of the Provost Marshall on any major Army installation or may be
obtained from the National Technical Information Service, U.S.
Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161.
In addition to the related publications listed in appendix A to part
634 of this subchapter, the following publications provide a source of
additional information:
FS Reg 190-7, Emergency Vehicle Operation
FS Reg 350-1, Active Component Training
FS Reg 385-14, Post Range Regulation
FS Reg 755-2, Lost, Abandoned, or Unclaimed Privately Owned Personal
Property
In addition to the prescribed forms used in appendix A to part 634
of this subchapter, the following forms should be used:
AFZP Form Letter 316, Suspension of Driving Privileges
DA Form 3946, Military Police Traffic Accident Report
DA Form 3975, Military Police Report
DD Form 1920, Alcohol Influence Report
DD Form 2220, DOD Registered Vehicle
DD Form 2504, Abandoned Vehicle Notice
DD Form 2505, Abandoned Vehicle Removal Authorization
DD Form 2506, Vehicle Impoundment Report
DD Form 2507, Notice of Vehicle Impoundment
Other References
8 U.S.C. 13.
40 U.S.C. 318a.
Memorandum of Understanding, Subject: Seizure of Assets for
Administrative Forfeiture in Drug Related Cases.
Appendixes B--C to Part 636 [Reserved]
Appendix D to Part 636--Glossary
In addition to the terms listed in appendix D to part 634 of this
subchapter, the following terms apply:
ATV--All Terrain Vehicles
CID--Criminal Investigation Division
CUCV--Commercial Utility Cargo Vehicle
DDC--Defensive Driving Course
DOD--Department of Defense
DPCA--Directorate of Personnel and Community Activities
DUI--Driving Under the Influence
DDC--Motorcycle Defensive Driving Course
MP--Military Police
NLT--Not later than
USAREUR--United States Army--Europe
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