[Title 32 CFR D]
[Code of Federal Regulations (annual edition) - July 1, 2003 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 634 - MOTOR VEHICLE TRAFFIC SUPERVISION]
[Subpart D - Traffic Supervision]
[From the U.S. Government Printing Office]
3242003-07-012002-07-01trueTraffic SupervisionDSubpart DNATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSMOTOR VEHICLE TRAFFIC SUPERVISION
Subpart D--Traffic Supervision
Section I--Traffic Planning and Codes
Sec. 634.24 Traffic planning.
(a) Safe and efficient movement of traffic on an installation
requires traffic supervision. A traffic supervision program includes
traffic circulation planning, supervision, and control of motor vehicle
traffic; publication and enforcement of traffic laws and regulations;
and investigation of motor vehicle accidents.
(b) Installation commanders will develop traffic circulation plans
that provide for the safest and most efficient use of primary and
secondary roads.
[[Page 48]]
Circulation planning should be a major part of all long-range master
planning at installations. The traffic circulation plan is developed by
the installation law enforcement officer, engineer, safety officer, and
other concerned staff agencies. Highway engineering representatives from
adjacent civil communities must be consulted to ensure the installation
plan is compatible with the current and future circulation plan of the
community. The plan should include the following:
(1) Normal and peak load routing based on traffic control studies.
(2) Effective control of traffic using planned direction, including
measures for special events and adverse road or weather conditions.
(3) Point control at congested locations by law enforcement
personnel or designated traffic directors or wardens, including trained
school-crossing guards.
(4) Use of traffic control signs and devices.
(5) Efficient use of available parking facilities.
(6) Efficient use of mass transportation.
(c) Traffic control studies will provide factual data on existing
roads, traffic density and flow patterns, and points of congestion. The
installation law enforcement officer and traffic engineer usually
conduct coordinated traffic control studies to obtain the data. Accurate
data will help determine major and minor routes, location of traffic
control devices, and conditions requiring engineering or enforcement
services.
(d) The Military Traffic Management Command Transportation
Engineering Agency (MTMCTEA) will help installation commanders solve
complex highway traffic engineering problems. MTMCTEA traffic
engineering services include--
(1) Traffic studies of limited areas and situations.
(2) Complete studies of traffic operations of entire installations.
(This can include long-range planning for future development of
installation roads, public highways, and related facilities.)
(3) Assistance in complying with established traffic engineering
standards.
(e) Installation commanders should submit requests for traffic
engineering services in accordance with AR 55-80/OPNAVINST 11210.1B/AFR
75-88/MCO 11210.2C/DLAR 4500.19.
Sec. 634.25 Installation traffic codes.
(a) Installation or activity commanders will establish a traffic
code for operation of motor vehicles on the installation. Commanders in
overseas areas will establish a traffic code, under provisions of this
regulation, to the extent military authority is empowered to regulate
traffic on the installation under the applicable SOFA. Traffic codes
will contain the rules of the road (parking violations, towing
instructions, safety equipment, and other key provisions). These codes
will, where possible, conform to the code of the State or host nation in
which the installation is located. In addition, the development and
publication of installation traffic codes will be based on the
following:
(1) Highway Safety Program Standards (23 CFR part 1230).
(2) Applicable portions of the Uniform Vehicle Code and Model
Traffic Ordinance published by the National Committee on Uniform Traffic
Laws and Ordinances (23 CFR part 1204).
(b) The installation traffic code will contain policy and procedures
for the towing, searching, impounding, and inventorying of POVs. These
provisions should be well publicized and contain the following:
(1) Specific violations and conditions under which the POV will be
impounded and towed.
(2) Procedures to immediately notify the vehicle owner.
(3) Procedures for towing and storing impounded vehicles.
(4) Actions to dispose of the vehicle after lawful impoundment.
(c) Installation traffic codes will also contain the provisions
discussed below. (Army users, see AR 385-55.)
(1) Motorcycles and mopeds. For motorcycles and other self-
propelled, open, two-wheel, three-wheel, and four-wheel vehicles powered
by a motorcycle-type engine, the following traffic rules apply:
(i) Headlights will be on at all times when in operation.
[[Page 49]]
(ii) A rear view mirror will be attached to each side of the handle
bars.
(iii) Approved protective helmets, eye protection, and highly
reflective clothing or vests will be worn by operators and passengers
when in operation.
(2) Restraint systems.
(i) Restraint systems (seat belts) will be worn by all operators and
passengers of U.S. Government vehicles on or off the installation.
(ii) Restraint systems will be worn by all civilian personnel
(family members, guests, and visitors) driving or riding in a POV on the
installation.
(iii) Restraint systems will be worn by all military service members
and Reserve Component members on active Federal service driving or
riding in a POV whether on or off the installation.
(iv) Infant/child restraint devices (car seats) will be required in
POVs for children 4 years old or under and not exceeding 45 pounds in
weight.
(iv) Restraint systems are required only in cars manufactured after
model year 1966.
(3) Headphones and earphones. The wearing of headphones or earphones
is prohibited while driving a U.S. Government vehicle, POV, motorcycle,
or other self-propelled two-wheel, three-wheel, and four-wheel vehicles
powered by a motorcycle-type engine. This does not negate the
requirement for wearing hearing protection when conditions or good
judgment dictate use of such protection.
(d) Only administrative actions (reprimand, assessment of points,
loss of on-post driving privileges, or other actions) will be initiated
against service members for off-post violations of the installation
traffic code.
(e) In States where traffic law violations are State criminal
offenses, such laws are made applicable under the provisions of 18
U.S.C. 13 to military installations having concurrent or exclusive
Federal jurisdiction.
(f) In those States where violations of traffic law are not
considered criminal offenses and cannot be assimilated under 18 USC,
DODD 5525.4, in appendix C to part 634 expressly adopts the vehicular
and pedestrian traffic laws of such States and makes these laws
applicable to military installations having concurrent or exclusive
Federal jurisdiction. It also delegates authority to installation
commanders to establish additional vehicular and pedestrian traffic
rules and regulations for their installations. Persons found quilty of
violating the vehicular and pedestrian traffic laws made applicable on
the installation under provisions of that directive are subject to a
fine of not more than $50.00 or imprisonment for not more than 30 days,
or both, for each violation (40 U.S.C. 318c). In those States where
traffic laws cannot be assimilated, an extract copy of this paragraph
and a copy of DODD 5525.4 in Appendix C, will be posted in a prominent
place accessible to persons assigned, living, or working on the
installation.
(g) In those States where violations of traffic laws cannot be
assimilated because the Federal Government's jurisdictional authority on
the installation or parts of the installation is only proprietary,
neither 18 U.S.C. 13 nor the delegation in appendix C to part 634 will
permit enforcement of the State's traffic laws in Federal courts. Law
enforcement authorities on those military installations must rely on
either administrative sanctions related to the installation driving
privilege or enforcement of traffic laws by State law enforcement
authorities.
Section II--Traffic Law Enforcement
Sec. 634.26 Traffic law enforcement principles.
(a) Traffic law enforcement should motivate drivers to operate
vehicles safely within traffic laws and regulations and maintain an
effective and efficient flow of traffic. Effective enforcement should
emphasize voluntary compliance by drivers and can be achieved by the
following actions:
(1) Publishing a realistic traffic code well known by all personnel.
(2) Adopting standard signs, markings, and signals in accordance
with NHSPS and the Manual on Uniform Traffic Control Devices for Streets
and Highways.
(3) Ensuring enforcement personnel establish courteous, personal
contact with drivers and act promptly when driving behavior is improper
or a defective vehicle is observed in operation.
[[Page 50]]
(4) Maintaining an aggressive program to detect and apprehend
persons who drive while privileges are suspended or revoked.
(5) Using sound discretion and judgment in deciding when to
apprehend, issue citations, or warn the offender.
(b) Selective enforcement will be used when practical. Selective
enforcement deters traffic violations and reduces accidents by the
presence or suggested presence of law enforcement personnel at places
where violations, congestion, or accidents frequently occur. Selective
enforcement applies proper enforcement measures to traffic congestion
and focuses on selected time periods, conditions, and violations that
cause accidents. The military services use selective enforcement because
that practice is the most effective use of resources.
(c) Enforcement activities against intoxicated driving will include-
-
(1) Detecting, apprehending, and testing persons suspected of
driving under the influence of alcohol or drugs.
(2) Training law enforcement personnel in special enforcement
techniques.
(3) Enforcing blood-alcohol concentration standards. (See
Sec. 634.34.)
(4) Denying installation driving privileges to persons whose use of
alcohol or other drugs prevents safe operation of a motor vehicle.
(d) Installation officials will formally evaluate traffic
enforcement at least once a year. That evaluation will examine
procedures to determine if the following elements of the program are
effective in reducing traffic accidents and deaths:
(1) Selective enforcement measures.
(2) Suspension and revocation actions.
(3) Chemical breath-testing programs.
Sec. 634.27 Speed-measuring devices.
Speed-measuring devices will be used in traffic control studies and
enforcement programs. Signs may be posted to indicate speed-measuring
devices are being used.
(a) Equipment purchases. Installations located in States having a
formal training and certification program will purchase the same brand
and model of equipment used by the State and will ensure operators
attend an appropriate training program. Otherwise, equipment in
appropriate Service or DLA tables of allowances will be used.
(b) Training and certification standards. (1) The commander of each
installation using traffic radar will ensure that personnel selected as
operators of such devices meet training and certification requirements
prescribed by the States in which the installation is located. Specific
information on course dates, costs, and prerequisites for attending may
be obtained by contacting the State agency responsible for police
traffic radar training.
(2) Installation commanders located in States or overseas areas
where no formal training program exists, or where the military personnel
are unable or ineligible to participate in police traffic radar training
programs, may implement their own training program or use a selected
civilian institution or manufacturer's course.
(3) The objective of the civilian or manufacturer-sponsored course
is to improve the effectiveness of speed enforcement through the proper
and efficient use of speed-measurement radar. On successful completion,
the course graduate must be able to--
(i) Describe the association between excessive speed and accidents,
deaths, and injuries, and describe the traffic safety benefits of
effective speed control.
(ii) Describe the basic principles of radar speed measurement.
(iii) Identify and describe the Service's policy and procedures
affecting radar speed measurement and speed enforcement.
(iv) Identify the specific radar instrument used and describe the
instrument's major components and functions.
(v) Demonstrate basic skills in calibrating and operating the
specific radar instrument(s).
(vi) Demonstrate basic skills in preparing and presenting records
and courtroom testimony relating to radar speed measurement and
enforcement.
(c) Recertification. Recertification of operators will occur every 3
years.
[[Page 51]]
Sec. 634.28 Traffic accident investigation.
Installation law enforcement personnel must make detailed
investigations of accidents described below:
(a) Accidents involving Government vehicles or Government property
on the installation involving a fatality, personal injury, or estimated
property damage in the amount established by separate Service/DLA
policy. (Minimum damage limits are: Army and Air Force, $1,000; Navy and
Marine Corps, $500.) The installation motor pool will provide current
estimates of the cost of repairs. Investigations of off-installation
accidents involving Government vehicles will be made in cooperation with
the civilian law enforcement agency.
(b) POV accidents on the installation involving a fatality, personal
injury, or estimated property damage to a POV in excess of $1,000 or the
amount established by Service/DLA policy.
Sec. 634.29 Traffic accident investigation reports.
(a) Accidents requiring immediate reports. The driver or owner of
any vehicle involved in an accident, as described in Sec. 634.28, on the
installation, must immediately notify the installation law enforcement
office. The operator of any Government vehicle involved in a similar
accident off the installation must immediately notify the local civilian
law enforcement agency having jurisdiction, as well as law enforcement
personnel of the nearest military installation.
(b) Investigation records. Installation law enforcement officials
will record traffic accident investigations on Service/DLA forms.
Information will be released according to Service/DLA policy, the
Privacy Act, and the Freedom of Information Act.
(c) Army law enforcement officers. These officers provide the local
Safety Office copies of traffic accident investigation reports
pertaining to accidents investigated by military police that resulted in
a fatality, personal injury, or estimated damage to Government vehicles
or property in excess of $1,000.
(d) POV accidents not addressed in Sec. 638.28. Guidance for
reporting these cases is provided below:
(1) Drivers or owners of POVs will be required to submit a written
report to the installation law enforcement office within 72 hours of an
accident in the following cases:
(i) The accident occurs on the installation.
(ii) The accident involves no personal injury.
(iii) The accident involves only minor damage to the POV and the
vehicle can be safely and normally driven from the scene.
(2) Information in the written report cannot be used in criminal
proceedings against the person submitting it. Within the United States,
the installation law enforcement official may require such reporting on
Service forms or forms of the State jurisdiction.
(3) Reports required in paragraph (d)(1) of this section will
include the following about the accident:
(i) Location, date, and time.
(ii) Identification of all drivers, pedestrians, and passengers
involved.
(iii) Identification of vehicles involved.
(iv) Speed and direction of travel of each vehicle involved,
including a sketch of the collision and roadway with street names and
north arrow.
(v) Property damage involved.
(vi) Environmental conditions at the time of the incident (weather,
visibility, road surface condition, and other factors).
(vii) Narrative description of the events and circumstances
concerning the accident.
Sec. 634.30 Traffic accident investigation report data.
(a) Data derived from traffic accident investigation reports and
from vehicle owner accident reports will be analyzed to determine
probable causes of accidents. When frequent accidents occur at a
location, the conditions at the location and the types of accidents
(collision diagram) will be examined.
(b) Law enforcement personnel and others who prepare traffic
accident investigation reports will indicate whether or not seat
restraint devices were being used at the time of the accident.
(c) When accidents warrant, an installation commander may establisah
a
[[Page 52]]
traffic accident review board. The board will consist of law
enforcement, engineer, safety, medical, and legal personnel. The board
will determine principal factors leading to the accident and recommend
measures to reduce the number and severity of accidents on and off the
installation. (The Air Force will use Traffic Safety Coordinating
Groups. The Navy will use Traffic Safety Councils per OPNAVINST
5100.12D.)
(d) Data will be shared with the installation legal, engineer,
safety, and transportation officers. The data will be used to inform and
educate drivers and to conduct traffic engineering studies.
(e) Army traffic accident investigation reports will be provided to
Army Centralized Accident Investigation of Ground Accidents (CAIG)
boards on request. The CAIG boards are under the control of the
Commander, U.S. Army Safety Center, Fort Rucker, Alabama 36362-5363.
These boards investigate Class A, on-duty, non-POV accidents and other
selected accidents Army-wide. (See AR 385-40.) Local commanders provide
additional board members as required to complete a timely and accurate
investigation. Normally, additional board members are senior equipment
operators, maintenance officer, and medical officers. However, specific
qualifications of the additional board members may be dictated by the
nature of the accident.
(f) The CAIG program is not intended to interfere with, impede, or
delay law enforcement agencies in the execution of regulatory
responsibilities that apply to the investigation of accidents for a
determination of criminal intent or criminal acts. Criminal
investigations have priority.
(g) Army law enforcement agencies will maintain close liaison and
cooperation with CAIG boards. Such cooperation, particularly with
respect to interviews of victims and witnesses and in collection and
preservation of physical evidence, should support both the CAIG and law
enforcement collateral investigations.
Sec. 634.31 Parking.
(a) The most efficient use of existing on- and off-street parking
space would be stressed on a nonreserved (first-come, first-served)
basis.
(b) Reserved parking facilities should be designated as parking by
permit or numerically by category of eligible parkers. Designation of
parking spaces by name, grade, rank, or title should be avoided.
(c) Illegal parking contributes to congestion and slows traffic flow
on an installation. Strong enforcement of parking restrictions results
in better use of available parking facilities and eliminates conditions
causing traffic accidents.
(d) The ``Denver boot'' device is authorized for use as a technique
to assist in the enforcement of parking violations where immobilization
of the POV is necessary for safety. Under no circumstances should the
device be used to punish or ``teach a lesson'' to violators. Booting
should not be used if other reasonably effective but less restrictive
means of enforcement (such as warnings, ticketing, reprimands,
revocations, or suspensions of on-post driving privileges) are
available. Procedures for booting must be developed as listed below.
(1) Local standing operating procedures (SOPs) must be developed to
control the discretion of enforcers and limit booting to specific
offenses. SOPs should focus on specific reasons for booting, such as
immobilization of unsafe, uninspected, or unregistered vehicles or
compelling the presence of repeat offenders. All parking violations must
be clearly outlined in the installation traffic code.
(2) Drivers should be placed on notice that particular violations or
multiple violations may result in booting. Also, drivers must be
provided with a prompt hearing and an opportunity to obtain the release
of their property.
(3) To limit liability, drivers must be warned when a boot is
attached to their vehicle and instructed how to have the boot removed
without damaging the vehicle.
Sec. 634.32 Traffic violation reports.
(a) Most traffic violations occurring on DOD installations (within
the UNITED STATES or its territories) should be referred to the proper
U.S. Magistrate. (Army, see AR 190-29; DLA,
[[Page 53]]
see DLAR 5720.4; and Air Force, see AFR 110-15.) However, violations are
not referred when--
(1) The operator is driving a Government vehicle at the time of the
violation.
(2) A Federal Magistrate is either not available or lacks
jurisdiction to hear the matter because the violation occurred in an
area where the Federal Government has only proprietary legislative
jurisdiction.
(3) Mission requirements make referral of offenders impractical.
(4) A U.S. Magistrate is available but the accused refuses to
consent to the jurisdiction of the court and the U.S. Attorney refuses
to process the case before a U.S. District Court.
(b) Installation commanders will establish administrative procedures
for processing traffic violations.
(1) All traffic violators on military installations will be issued
either a DD Form 1408 (Armed Forces Traffic Ticket) or a DD Form 1805
(United States District Court Violation Notice), as appropriate. Unless
specified otherwise by separate Service/DLA policy, only on-duty law
enforcement personnel (including game wardens) designated by the
installation law enforcement officer may issue these forms.
(2) A copy of all violation reports on military personnel and DOD
civilian employees apprehended for intoxicated driving will be forwarded
to the installation alcohol and drug abuse facility.
(c) Installation commanders will establish procedures used for
disposing of traffic violation cases through administrative or judicial
action consistent with the Uniform Code of Military Justice (UCMJ) and
Federal law.
(d) DD Form 1805 will be used to refer violations of State traffic
laws made applicable to the installation (Assimilative Crimes Act (18
U.S.C. 13) and app C and other violations of Federal law) to the U.S.
Magistrate. (Army users, see AR 190-29.)
(1) A copy of DD Form 1805 and any traffic violation reports on
military personnel and DOD civilian employees will be forwarded to the
commander or supervisor of the violator.
(2) Detailed instructions for properly completing DD Form 1805 and
contained in separate Service policy directives.
(3) The assimilation of State traffic laws as Federal offenses
should be identified by a specific State code reference in the CODE
SECTION block of the DD Form 1805 (or in a complaint filed with the U.S.
Magistrate).
(4) The Statement of Probable Cause on the DD Form 1805 will be used
according to local staff judge advocate and U.S. Magistrate court
policy. The Statement of Probable Cause is required by the Federal
misdemeanor rules to support the issuance of a summons or arrest
warrant.
(5) For cases referred to U.S. Magistrates, normal distribution of
DD Form 1805 will be as follows:
(i) The installation law enforcement official will forward copy 1
(white) and copy 2 (yellow) to the U.S. District Court (Central
Violation Bureau).
(ii) The installation law enforcement office will file copy 3
(pink).
(iii) Law enforcement personnel will provide copy 4 (envelope) to
the violator.
(e) When DD Form 1408 is used, one copy (including written warnings)
will be forwarded through command channels to the service members's
commander, to the commander of the military family member's sponsor, or
to the civilian's supervisor or employer as the installation commander
may establish.
(1) Previous traffic violations committed by the offender and points
assessed may be shown.
(2) For violations that require a report of action taken, the DD
Form 1408 will be returned to the office of record through the reviewing
authority as the installation commander may establish.
(3) When the report is received by the office of record, that office
will enter the action on the violator's driving record.
Section III--Standards and Procedures for Processing Drunk Drivers
Sec. 634.33 Training of law enforcement personnel.
(a) As a minimum, installation law enforcement personnel will be
trained to do the following:
[[Page 54]]
(1) Recognize signs of alcohol and other drug impairment in persons
operating motor vehicles.
(2) Prepare DD Form 1920 (Alcohol Influence Report).
(3) Perform the three field tests of the improved sobriety testing
techniques (Sec. 634.36(b).)
(4) Determine when a person appears intoxicated but is actually
physically or mentally ill and requires prompt medical attention.
(5) Understand the operation of breath-testing devices.
(b) Each installation using breath-testing devices will ensure that
operators of these devices--
(1) Are chosen for integrity, maturity, and sound judgment.
(2) Meet certification requirements of the State where the
installation is located.
(c) Breath-testing devices must be listed on the approved NHTSA
conforming products list published in the Federal Register. All tests
must be administered by trained personnel as specified in Sec. 634.36
and must adhere to the procedures described in Secs. 634.37 and 634.38
relating to voluntary and involuntary testing.
(d) Installations located in States or overseas areas having a
formal breath-testing and certification program should ensure operators
attend that training.
(e) Installations located in States or overseas areas with no formal
training program will train personnel at courses offered by selected
civilian institutions or manufacturers of the equipment.
(f) Operators must maintain proficiency through refresher training
every 18 months or as required by the State.
Sec. 634.34 Blood alcohol concentration standards.
(a) Administrative revocation of driving privileges and other
enforcement measures will be applied uniformly to offenders driving
under the influence of alcohol or drugs. When a person is tested per
Sec. 634.8, the results of the test will be evaluated as follows:
(1) If the percentage of alcohol in the person's blood is less than
0.05 percent, presume the person is not under the influence of alcohol.
(2) If the percentage is 0.05 but less than 0.10, presume the person
is impaired. This standard may be considered with other competent
evidence in determining whether the person was under the influence of
alcohol.
(3) If the percentage is 0.10 or more, or if tests reflect the
presence of illegal drugs, the person was driving while intoxicated.
(b) Percentages in paragraph (a) of this section, are percent of
weight by volume of alcohol in the blood based on grams of alcohol per
100 milliliters of blood.
(c) The standards in paragraph (a) of this section, may be modified
locally to agree with those established by the State or host nation.
(d) These presumptions will be considered with other evidence in
determining intoxication.
Sec. 634.35 Chemical testing policies and procedures.
(a) Validity of chemical testing. Results of chemical testing are
valid under this regulation only under the following circumstances:
(1) Blood, urine, or other bodily substances are tested using
generally accepted scientific and medical methods and standards.
(2) Breath tests are administered by qualified personnel
(Sec. 634.33(c)).
(3) A non-portable breath-testing device approved by the State or
host nation is used. For Army and Marine Corps, the device must also be
listed on the NHTSA conforming products list published in the Federal
Register. (See Sec. 634.33.)
(4) Procedures established by the State or host nation or as
prescribed in paragraph (b) of this section are followed.
(b) Breath-testing device operational procedures. If the State or
host nation has not established procedures for use of breath-testing
devices, the following procedures will apply:
(1) Portable breath-testing devices will be used--
(i) During the initial traffic stop as a field sobriety testing
technique, along with other field sobriety testing techniques, to
determine if further testing is needed on a non-portable evidentiary
breath-testing device.
[[Page 55]]
(ii) According to manufacturer operating instructions. (For Army and
Marine Corps, the portable breath-testing device must also be listed on
the NHTSA conforming products list published in the Federal Register.)
(2) Non-portable evidentiary breath-testing devices will be used as
follows:
(i) Observe the person to be tested for at least 15 minutes before
collecting the breath specimen. During this time, the person must not
drink alcoholic beverages or other fluids, eat, smoke, chew tobacco, or
ingest any substance.
(ii) Verify calibration and proper operation of the instrument by
using a control sample immediately before the test.
(iii) Comply with operational procedures in the manufacturer's
current instruction manual.
(iv) Perform preventive maintenance as required by the instruction
manual.
(c) Chemical tests of personnel involved in fatal accidents.
(1) Installation medical authorities will immediately notify the
installation law enforcement officer of--
(i) The death of any person involved in a motor vehicle accident.
(ii) The circumstances surrounding such an accident, based on
information available at the time of admission or receipt of the body of
the victim.
(2) Medical authorities will examine the bodies of those persons
killed in a motor vehicle accident to include drivers, passengers, and
pedestrians subject to military jurisdiction, and other pedestrians (16
years or older with sponsor's consent only). Tests for the presence and
concentration of alcohol or other drugs in the person's blood, bodily
fluids, or tissues will be made as soon as possible and where practical
within 8 hours of death. The test results will be included in the
medical reports.
(3) As provided by law and medical conditions permitting, a blood or
breath sample will be obtained from any surviving operator whose vehicle
is involved in a fatal accident.
Sec. 634.36 Detection, apprehension, and testing of intoxicated drivers.
(a) Law enforcement personnel usually detect drivers under the
influence of alcohol or other drugs by observing unusual or abnormal
driving behavior. Drivers showing such behavior will be stopped
immediately. The cause of the unusual driving behavior will be
determined, and proper enforcement action will be taken.
(b) When a law enforcement officer reasonably concludes that the
individual driving or in control of the vehicle is impaired, field
sobriety tests should be conducted on the individual. The DD Form 1920
will be used by law enforcement agencies in examining, interpreting, and
recording results of such tests. Law enforcement personnel should use a
standard field sobriety test (such as one-leg stand or walk and turn)
and portable breathalyzers to conduct field sobriety tests.
Sec. 634.37 Voluntary breath and bodily fluid testing based on implied consent.
(a) Implied consent policy is explained in Sec. 634.8.
(b) Tests may be administered only if the following conditions are
met:
(1) The person was lawfully stopped while driving, operating, or in
actual physical control of a motor vehicle on the installation.
(2) Reasonable suspicion exists to believe that the person was
driving under the influence of alcohol or drugs.
(3) A request was made to the person to consent to the tests
combined with a warning that failure to voluntarily submit to or
complete a chemical test of bodily fluids or breath will result in the
revocation of driving privileges.
(c) As stated in paragraphs (a) and (b) of this section, the law
enforcement official relying on implied consent will warn the person
that driving privileges will be revoked if the person fails to
voluntarily submit to or complete a requested chemical test. The person
does not have the right to have an attorney present before stating
whether he or she will submit to a test, or during the actual test.
Installation commanders will prescribe the type or types of chemical
tests to be used. Testing will follow policies and procedures in
Sec. 634.35. The results of chemical tests conducted under the implied
consent provisions of this regulation may be used as evidence in courts-
martial, nonjudicial proceedings under Article
[[Page 56]]
15 of the UCMJ, administrative actions, and civilian courts.
(d) Special rules exist for persons who have hemophilia, other
blood-clotting disorders, or any medical or surgical disorder being
treated with an anticoagulant. These persons--
(1) May refuse a blood extraction test without penalty.
(2) Will not be administered a blood extraction test to determine
alcohol or other drug concentration or presence under this regulation.
(3) May be given breath or urine tests, or both.
(e) If a person suspected of intoxicated driving refuses to submit
to a chemical test, a test will not be administered except as specified
in Sec. 634.38.
Sec. 634.38 Involuntary extraction of bodily fluids in traffic cases.
(a) General. The procedures outlined herein pertain only to the
investigation of individuals stopped, apprehended, or cited on a
military installation for any offense related to driving a motor vehicle
and for whom probable cause exists to believe that such individual is
intoxicated. Extractions of body fluids in furtherance of other kinds of
investigations are governed by Rule 312(d), Military Rules of Evidence,
and regulatory rules concerning requesting and granting authorizations
for searches.
(1) Air Force policy on nonconsensual extraction of blood samples is
addressed in AFR 160-12.
(2) Marine Corps personnel should not undertake the nonconsensual
extraction of body fluids for reasons other than a valid medical purpose
without first obtaining the advice and concurrence of the installation
staff judge advocate or his or her designee.
(3) DLA policy on nonconsensual taking of blood samples is contained
in DLAR 5700.7.
(b) Rule. Involuntary bodily fluid extraction is based on valid
search and seizure authorization. An individual subject to the UCMJ who
does not consent to chemical testing, as described above, may
nonetheless be subjected to an involuntary extraction of bodily fluids,
including blood and urine, only in accordance with the following
procedures:
(1) An individual subject to the UCMJ who was driving a motor
vehicle involved in an accident resulting in death, personal injury, or
serious property damage may be subjected to a nonconsensual bodily fluid
extraction to test for the presence of intoxicants only when there is a
probable cause to believe that such an individual was driving or in
control of a vehicle while under the influence of an intoxicant.
(i) A search authorization by an appropriate commander or military
magistrate obtained pursuant to Rule 315, Military Rules of Evidence
(Manual for Courts-Martial, chapter XXVII), is required prior to such
nonconsensual extraction.
(ii) A search authorization is not required under such circumstances
when there is a clear indication that evidence of intoxication will be
found and there is reason to believe that the delay necessary to obtain
a search authorization would result in the loss or destruction of the
evidence sought.
(iii) Because warrantless searches are subject to close scrutiny by
the courts, obtaining an authorization is highly preferable. Warrantless
searches generally should be conducted only after coordination with the
servicing staff judge advocate or legal officer, and attempts to obtain
authorization from an appropriate official prove unsuccessful due to the
unavailability of a commander or military magistrate.
(2) If authorization from the military magistrate or commander
proves unsuccessful due to the unavailability of such officials, the
commander of a medical facility is empowered by Rule 315(d), Military
Rules of Evidence, to authorize such extraction from an individual
located in the facility at the time the authorization is sought.
(i) Before authorizing the involuntary extraction, the commander of
the medical facility should, if circumstances permit, coordinate with
the servicing staff judge advocate or legal officer.
(ii) The medical facility commander authorizing the extraction under
Rule 315(d) need not be on duty as the attending physician at the
facility where the extraction is to be performed and
[[Page 57]]
the actual extraction may be accomplished by other qualified medical
personnel.
(iii) The authorizing official may consider his or her own
observations of the individual in determining probable cause.
(c) Role of medical personnel. Authorization for the nonconsensual
extraction of blood samples for evidentiary purposes by qualified
medical personnel is independent of, and not limited by, provisions
defining medical care, such as the provision for nonconsensual medical
care pursuant to AR 600-20, section IV.
(1) Extraction of blood will be accomplished by qualified medical
personnel. (See Military Rules of Evidence 312(g).)
(i) In performing this duty, medical personnel are expected to use
only that amount of force that is reasonable and necessary to administer
the extraction.
(ii) Any force necessary to overcome an individual's resistance to
the extraction normally will be provided by law enforcement personnel or
by personnel acting under orders from the member's unit commander.
(iii) Life endangering force will not be used in an attempt to
effect nonconsensual extractions.
(iv) All law enforcement and medical personnel will keep in mind the
possibility that the individual may require medical attention for
possible disease or injury.
(2) Nonconsensual extractions of blood will be done in a manner that
will not interfere with or delay proper medical attention. Medical
personnel will determine the priority to be given involuntary blood
extractions when other medical treatment is required.
Sec. 634.39 Testing at the request of the apprehended person.
(a) A person subject to tests under Sec. 634.8 may request that an
additional test be done privately. The person may choose a doctor,
qualified technician, chemist, registered nurse, or other qualified
person to do the test. The person must pay the cost of the test. The
test must be a chemical test approved by the State or host nation in an
overseas command. All tests will be completed as soon as possible, with
any delay being noted on the results.
(b) If the person requests this test, the apprehending police
official may assist the suspect in making arrangements. If the police
official fails to or cannot obtain the additional test, the results of
the tests done at the direction of a law enforcement official are not
invalid and may still be used to support actions under separate Service
regulations, UCMJ, and the U.S. Magistrate Court.
Sec. 634.40 Preparation of sworn statement.
For an example of a property prepared sworn statement on an
intoxicated driver, see Army Form 2823.
Section IV--Off-Installation Traffic Activities
Sec. 634.41 General.
In areas not under military control, civil authorities enforce
traffic laws. Law enforcement authorities will establish a system to
exchange information with civil authorities. Off-installation traffic
activities in overseas areas are governed by formal agreements with the
host nation government. Procedures should be established to process
reports received from civil authorities on serious traffic violations,
accidents, and intoxicated driving incidents involving persons subject
to this regulation.
Sec. 634.42 Compliance with State laws.
(a) Installation commanders will inform service members and DOD
civilian employees to comply with State and local traffic laws when
operating military motor vehicles.
(b) Commanders will coordinate with the proper civil law enforcement
agency before moving Government vehicles that exceed legal limits or
regulations or that may subject highway users to unusual hazards. (See
AR-162/OPNAVINST 4600.11D/AFR 75-24/MCO 4643.5C/DLAR 4580.8.)
(c) Installation commanders will maintain liaison with civil
enforcement agencies and encourage the following:
(1) Release of a Government vehicle operator to military authorities
unless one of the conditions below exists.
(i) The offense warrants detention.
[[Page 58]]
(ii) The person's condition is such that further operation of a
motor vehicle could result in injury to the person or others.
(2) Prompt notice to military authorities when military personnel or
drivers of Government motor vehicles have--
(i) Committed serious violations of civil traffic laws.
(ii) Been involved in traffic accidents.
(3) Prompt notice of actions by a State or host nation to suspend,
revoke, or restrict the State or host nation driver's license (vehicle
operation privilege) of persons who--
(i) Operate Government motor vehicles.
(ii) Regularly operate a POV on the installation. (See also
Sec. 634.18.)
Sec. 634.43 Civil-military cooperative programs.
(a) State-Armed Forces Traffic Workshop Program. This program is an
organized effort to coordinate military and civil traffic safety
activities throughout a State or area. Installation commanders will
cooperate with State and local officials in this program and provide
proper support and participation.
(b) Community-Installation Traffic Workshop Program. Installation
commanders should establish a local workshop program to coordinate the
installation traffic efforts with those of local communities. Sound and
practical traffic planning depends on a balanced program of traffic
enforcement, engineering, and education. Civilian and military legal and
law enforcement officers, traffic engineers, safety officials, and
public affairs officers should take part.