[Title 32 CFR 634.54]
[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 F - Impounding Privately Owned Vehicles]
[Sec. 634.54 - Disposition of vehicles after impoundment.]
[From the U.S. Government Printing Office]
3242003-07-012002-07-01trueDisposition of vehicles after impoundment.634.54Sec. 634.54NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSMOTOR VEHICLE TRAFFIC SUPERVISIONImpounding Privately Owned Vehicles
Sec. 634.54 Disposition of vehicles after impoundment.
(a) If a POV 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.
(b) If the vehicle is unclaimed after 120 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:
(1) Release to the lienholder, if known.
(2) Processed as abandoned property in accordance with DOD 4160.21-
M.
Appendix A to Part 634--References
Publications and forms referenced in this part may be viewed at the
Office of Provost
[[Page 64]]
Marshal at any Army installation. Department of Defense publications are
also available from the National Technical Information Service, U.S.
Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161;
telephone (703) 487-4684.
Section I
Required Publications
AFP 125-2. Technical Guide for Police Traffic Operations. (Cited in
Sec. 634.53.)
AFR 30-2. Social Action Program. (Cited in Sec. 634.13.)
AFR 75-24/AR 55-162/DLAR 4580.8/MCO 4643.5C/OPNAVINST 4600.11D. Permits
for Oversize, Overweight, or Other Special Military Movements on Public
Highways in the U.S. (Cited in Sec. 634.42.)
AFR 75-88/AR 55-80/DLAR 4500.19/MCO 11210.2C/OPNAVINST 11210.1B.
Highways for National Defense. (Cited in Sec. 634.32.)
AFR 110-15. Use of U.S. Magistrates for Trial of Misdemeanors Committed
by Civilians. (Cited in Sec. 634.32.)
AFR 125-15. Motor Vehicle Registration and Related Requirements. (Cited
in Sec. 634.19.)
AFR 160-12. Professional Policies and Procedures. (Cited in
Sec. 634.38.)
AR 190-22. Searches, Seizures, and Disposition of Property. (Cited in
Sec. 634.53.)
AR 190-29. Minor Offenses and Uniform Violation Notices Referred to U.S.
District Courts. (Cited in Sec. 634.32.)
AR 210-10. Administration. (Cited in Sec. 634.7.)
AR-385-40. Accident Reporting and Records. (Cited in Sec. 634.30.)
AR 385-55. Prevention of Motor Vehicle Accidents. (Cited in
Sec. 634.25.)
AR 600-20. Army Command Policies and Procedures. (Cited in Sec. 634.38.)
AR 600-85. Alcohol and Drug Abuse Prevention and Control Program. (Cited
in Sec. 634.14.)
AR 601-280. Total Army Retention Program. (Cited in Sec. 634.12.)
DLAR 5700.7. Search and Seizure. (Cited in Secs. 634.7 and 634.38.)
DLAR 5720.4. Preparing and Processing Minor Offenses and Violation
Notices Referred to U.S. District Court. (Cited in Sec. 634.32.)
DOD 4160.21-M, September 1982. Defense Disposal Manual. (Cited in
Sec. 634.54.)
DODD 5530.3, June 1987. International Arguments. (Cited in Sec. 634.18.)
FPM Supp 792-2. Alcohol and Drug Abuse Programs. (Cited in Sec. 634.14.)
MCO 5100.19C. Marine Corps Traffic Safety Program. (Cited in
Sec. 634.13.)
MCO P5300.12. USMC Substance Abuse Program. (Cited in Secs. 634.13 and
634.30.)
OPNAVINST 5100-12D. Navy Traffic Safety Program. (Cited in Secs. 634.13
and 634.30.)
Section II
Related Publications
A related publication is merely a source of additional information.
The user does not have to read it to understand this regulation.
AR 600-37. Unfavorable Information.
AR 600-200. Enlisted Personnel Management System.
AR 635-20. Enlisted Personnel.
Section III
Prescribed Forms
DA Form 3626. Vehicle Registration/Driver Record. (Prescribed in
Sec. 634.44.)
DD Form 1920. Alcohol Influence Report. (Prescribed in Sec. 634.33.)
DD Form 2220. DOD Registered Vehicle. (Prescribed in Sec. 634.19.)
DD Form 2504. Abandoned Vehicle Notice. (Prescribed in Sec. 634.52.)
DD Form 2505. Abandoned Vehicle Removal Authorization. (Prescribed in
Sec. 634.52.)
DD Form 2506. Vehicle Impoundment Report. (Prescribed in Sec. 634.52.)
DD Form 2507. Notice of Vehicle Impoundment. (Prescribed in
Sec. 634.52.)
Appendix B to Part 634--Notification of State Driver's License Agencies
The installation commander will notify the State driver's license
agency of those personnel whose installation driving privileges are
revoked for 1 year or more, following final adjudication of the
intoxicated driving offense or for refusing to submit to a lawful blood-
alcohol content test in accordance with Sec. 634.8. This notification
will include the basis for the suspension and the blood-alcohol level.
The notification will be sent to the State in which the driver's license
was issued. A sample letter format is provided at figure B-1. State
driver's license agencies are listed below:
Alabama
Motor Vehicle Division, 2721 Gunter Park Drive, Montgomery, AL 36101,
(205) 271-3250
Alaska
Motor Vehicle Division, P.O. Box 100960, Anchorage, AK 99510, (907) 269-
5572
Arizona
Motor Vehicle Division, 1801 West Jefferson Street, Phoenix, AZ 85007,
(602) 255-7295
Arkansas
Motor Vehicle Division, Joel & Ledbetter Bldg., 7th and Wolfe Streets,
Little Rock, AR 72203, (501) 371-1886
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California
Department of Motor Vehicles, P.O. Box 932340, Sacramento, CA 94232,
(916) 445-0898
Colorado
Motor Vehicle Division, 140 West Sixth Avenue, Denver, CO 80204, (303)
866-3158
Connecticut
Department of Motor Vehicles, 60 State Street, Wethersfield, CT 06109,
(203) 566-5904
Delaware
Motor Vehicle Director, State Highway Administration Bldg., P.O. Box
698, Dover, DE 19903, (302) 736-4421
District of Columbia
Department of Transportation, Bureau of Motor Vehicles, 301 C Street,
NW., Washington, DC 20001, (202) 727-5409
Florida
Division of Motor Vehicles, Neil Kirkman Building, Tallahassee, FL
32301, (904) 488-6921
Georgia
Motor Vehicle Division, Trinity-Washington Bldg., Room 114, Atlanta, GA
30334, (404) 656-4149
Hawaii
Division of Motor Vehicle and Licensing, 1455 S. Benetania Street,
Honolulu, HI 96814, (808) 943-3221
Idaho
Transportation Department, 3311 State Street, P.O. Box 34, Boise, ID
83731, (208) 334-3650
Illinois
Secretary of State, Centennial Building, Springfield, IL 62756, (217)
782-4815
Indiana
Bureau of Motor Vehicles, State Office Building, Room 901, Indianapolis,
IN 46204, (317) 232-2701
Iowa
Department of Transportation, Office of Operating Authority, Lucas
Office Bldg., Des Moines, IA 50319, (515) 281-5664
Kansas
Department of Revenue, Division of Vehicles, Interstate Registration
Bureau, State Office Bldg. Topeka, KS 66612, (913) 296-3681
Kentucky
Department of Transportation, New State Office Building, Frankfort, KY
40622, (502) 564-4540
Louisiana
Motor Vehicle Administrator, S. Foster Drive, Baton Rouge, LA 70800,
(504) 925-6304
Maine
Department of State, Motor Vehicle Division, Augusta, ME 04333, (207)
289-5440
Maryland
Motor Vehicle Administration, 6601 Ritchie Highway, NE., Glen Burnie, MD
21062, (301) 768-7000
Massachusetts
Registry of Motor Vehicles, 100 Nashua Street, Boston, MA 02114, (617)
727-3780
Michigan
Department of State, Division of Driver Licenses and Vehicle Records,
Lansing, MI 48918, (517) 322-1486
Minnesota
Department of Public Safety, 108 Transportation Building, St. Paul, MN
55155, (612) 296-2138
Mississippi
Office of State Tax Commission, Woolfolk Building, Jackson, MS 39205,
(601) 982-1248
Missouri
Department of Revenue, Motor Vehicles Bureau, Harry S Truman Bldg., 301
W. High Street, Jefferson City, MO 65105, (314) 751-3234
Montana
Highway Commission, Box 4639, Helena, MT 59604, (406) 449-2476
Nebraska
Department of Motor Vehicles, P.O. Box 94789, Lincoln, NE 68509, (402)
471-3891
Nevada
Department of Motor Vehicles, Carson City, NV 89711, (702) 885-5370
New Hampshire
Department of Safety, Division of Motor Vehicles, James H. Haynes Bldg.,
Concord, NH 03305, (603) 271-2764
New Jersey
Motor Vehicle Division, 25 S. Montgomery Street, Trenton, NJ 08666,
(609) 292-2368
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New Mexico
Motor Transportation Division, Joseph M. Montoya Building, Santa Fe, NM
87503, (505) 827-0392
New York
Division of Motor Vehicles, Empire State Plaza, Albany, NY 12228, (518)
474-2121
North Carolina
Division of Motor Vehicles, Motor Vehicles Bldg., Raleigh, NC 27697,
(919) 733-2403
North Dakota
Motor Vehicle Department, Capitol Grounds, Bismarck, ND 58505, (701)
224-2619
Ohio
Bureau of Motor Vehicles, P.O. Box 16520, Columbus, OH 43216, (614) 466-
4095
Oklahoma
Oklahoma Tax Commission, Motor Vehicle Division, 2501 Lincoln Boulevard,
Oklahoma City, OK 73194, (405) 521-3036
Oregon
Motor Vehicles Division, 1905 Lana Avenue, NE., Salem, OR 97314, (503)
378-6903
Pennsylvania
Department of Transportation, Bureau of Motor Vehicles, Transportation
and Safety Bldg., Harrisburg, PA 17122, (717) 787-3130
Rhode Island
Department of Motor Vehicles, State Office Building, Providence, RI
02903, (401) 277-6900
South Carolina
Motor Vehicle Division, P.O. Drawer 1498, Columbia, SC 29216, (803) 758-
5821
South Dakota
Division of Motor Vehicles, 118 W. Capitol, Pierre, SD 57501, (605) 773-
3501
Tennessee
Department of Revenue, Motor Vehicle Division, 500 Deaderick Street,
Nashville, TN 37242, (615) 741-1786
Texas
Department of Highways and Public Transportation, Motor Vehicle
Division, 40th and Jackson Avenue, Austin, TX 78779, (512) 475-7686
Utah
Motor Vehicle Division, State Fairgrounds, 1095 Motor Avenue, Salt Lake
City, UT 84116, (801) 533-5311
Vermont
Department of Motor Vehicles, State Street, Montpelier, VT 05603, (802)
828-2014
Virginia
Department of Motor Vehicles, 2300 W. Broad Street, Richmond, VA 23220,
(804) 257-1855
Washington
Department of Licensing, Highways-Licenses Building, Olympia, WA 98504,
(206) 753-6975
West Virginia
Department of Motor Vehicles, 1800 Washington Street, East, Charleston,
WV 25317, (304) 348-2719
Wisconsin
Department of Transportation, Reciprocity and Permits, P.O Box 7908,
Madison, WI 53707, (608) 266-2585
Wyoming
Department of Revenue, Policy Division, 122 W. 25th Street, Cheyenne, WY
82002, (307) 777-5273
Guam
Deputy Director, Revenue and Taxation, Government of Guam, Agana, Guam
96910, (no phone number available)
Puerto Rico
Department of Transportation and Public Works, Bureau of Motor Vehicles,
P.O. Box 41243, Minillas Station, Santurce, PR 00940, (809) 722-2823
Figure B-1--Sample Letter to State Driver's License Authority
Department of the Army
39th Infantry Division, Fort Collins, Colorado 81079-9906
Office of the Provost Marshal,
Motor Vehicle Division, 140 West Sixth Avenue, Denver, Colorado 80204.
This letter is your notification that on 15 May 1996, ROE, Richard
L., PFC 000-00-0000, a member of the U.S. Army, 39th Infantry Division,
Fort Collins, Colorado was found guilty of intoxicated driving in a
trial by court-martial.
He holds a Colorado driver's license, number X94U28, issued 1 June
1995, and expiring on 1 June 1999. He was arrested on 15 May 1996 at
Fort Collins, Colorado by Military Police while driving a 1989 Chevrolet
Nova, blue in color, bearing Colorado license plate number 359-143.
PFC Roe refused to submit to a chemical test to determine his blood
alcohol content after being advised of the implied consent
[[Page 67]]
provisions of the Fort Collins installation traffic code.
Based on the above information, PFC Roe's installation driving
privileges have been revoked for one year.
PFC Roe's current address is 1511 Mountain View Road, Denver,
Colorado 80206.
Sincerely,
Max R. Smith,
CPT, MPC, AR 19 Administrative Officer.
Appendix C to Part 634--DOD Directive 5525.4, Enforcement of State Laws
on DOD Installations
Department of Defense Directive
November 2, 1981
Number 5525.4, ASD (MRA&L)
Subject: Enforcement of State Traffic Laws on DoD Installations.
References: (a) DoD Instruction 6055.4, ``Department of Defense
Traffic Safety Program,'' November 7, 1978.
(b) Delegation of Authority to the Secretary of Defense by the
Administrator, General Services Administration, March 20, 1981
(enclosure 1).
(c) Title 18, United States Code, section 13.
(d) Title 40, United States Code, section 318c.
A. Purpose
This Directive establishes policies pursuant to the requirements of
reference (a) and to authority delegated to the Secretary of Defense
under reference (b) for the enforcement, on DoD military installations,
of those state vehicular and pedestrian traffic laws that cannot be
assimilated under reference (c).
B. Applicability and Scope
1. The provisions of this Directive apply to the Office of the
Secretary of Defense, the Military Departments, the Organization of the
Joint Chiefs of Staff, the Unified and Specified Commands, and the
Defense Agencies.
2. The provisions encompass all persons who operate or control a
motor vehicle or otherwise use the streets of a military installation
over which the United States exercises exclusive or concurrent
legislative jurisdiction.
3. The provisions govern only vehicular and traffic offenses or
infractions that cannot be assimilated under reference (c), thereby
precluding application of state laws to traffic offenses committed on
military installations.
C. Policy
1. It is the policy of the Department of Defense that an effective,
comprehensive traffic safety program be established and maintained at
all military installations as prescribed in reference (a).
2. State vehicular and pedestrian traffic laws that are now or may
hereafter be in effect shall be expressly adopted and made applicable on
military installations to the extent provided by this Directive. All
persons on a military installation shall comply with the vehicular and
pedestrian traffic laws of the state in which the installation is
located.
3. Pursuant to the authority established in enclosure 1,
installation commanders of all DoD installations in the United States
and over which the United States has exclusive or concurrent legislative
jurisdiction are delegated the authority to establish additional
vehicular and pedestrian traffic rules and regulations for their
installations. All persons on a military installation shall comply with
locally established vehicular and pedestrian traffic rules and
regulations. (Amendment 1, Ch 1 (10/31/86))
4. A person found guilty of violating, on a military installation,
any state vehicular or pedestrian traffic law or local installation
vehicular or pedestrian traffic rule or regulation made applicable to
the installation under the provisions of this Directive is subject to a
fine of not more than $50 or imprisonment for not more than 30 days, or
both, for each violation (40 U.S.C. 318c (reference (d)). (Amendment 1,
Ch 1 (10/31/86))
5. This Directive does not limit the application of any Federal law
or regulation or, under 18 U.S.C. 13 (reference (c)), any state law made
applicable to offenses committed on military installations.
6. A copy of this Directive shall be posted in an appropriate place
on the DOD installation concerned.
D. Responsibilities
1. The Assistant Secretary of Defense (Force Management and
Personnel) (ASD(FM&P)) shall modify this Directive, as appropriate.
2. Secretaries of the Military Departments shall comply with this
Directive.
E. Effective Date and Implementation
This Directive is effective immediately. Forward two copies of
implementing documents to the Assistant Secretary of Defense (Force
Management and Personnel) within 120 days.
William H. Taft, IV,
Deputy Secretary of Defense.
Enclosure--1
1. Delegation of Authority: Nov 2, 81, 5525.4 (Encl 1).
Enclosure 1-Delegation of Authority
GENERAL SERVICES ADMINISTRATION
(D-81----- 6820-22
[[Page 68]]
Delegation of Authority to the Secretary of Defense
1. Purpose. This delegation authorizes the Secretary of Defense to
assist in controlling vehicular and pedestrian traffic on military
installations in the United States.
2. Effective date. This delegation became effective on March 20,
1961.
3. Delegation.
a. Pursuant to the authority vested in me by the Federal Property
and Administrative Services Act of 1949 (63 Stat. 377), as amended, and
the Act of June 1, 1948 (62 Stat. 281), as amended, authority is hereby
delegated to the Secretary of Defense to make all needful rules and
regulations, and to attach to these rules and regulations such
reasonable penalties, not to exceed those prescribed in 40 U.S.C. 318c,
as will ensure their enforcement for governing vehicular and pedestrian
traffic on military installations of the Department of Defense, as
defined in 40 U.S.C. 612, in the United States and over which the United
States has exclusive or concurrent legislative jurisdiction.
b. The Secretary of Defense may redelegate this authority to any
officer, official, or employee of the Department of Defense.
c. This authority shall be exercised in accordance with the
limitations and requirements of the above-cited acts, and the policies,
procedures, and controls prescribed by the General Services
Administration.
4. Effect on other directives. FPMR Temporary Regulation D-28 is
revoked.
Dated: June 24, 1981.
(Signed) Gerald P. Carmen,
Administrator.
Appendix D to Part 634--Glossary
Section I
Abbreviations
ADAPCP
Alcohol and Drug Abuse Prevention and Control Program
ADCO
Alcohol and Drug Control Officer
ASAP
Alcohol Safety Action Projects
BAC
blood alcohol content
CAAC
Counseling and Assistance Center
CAIG
centralized accident investigation, ground
CFR
Code of Federal Regulations
CG
commanding general
CONUS
continental United States
DA
Department of the Army
DLA
Defense Logistics Agency
DOD
Department of Defense
DOT
Department of Transportation
HQDA
Headquarters, Department of the Army
MPMIS
Miliatry Police Management Information System
MTMCTEA
Military Traffic Management Command Transportation Engineering
Agency
NADSAP
Navy Alcohol and Drug Safety Action Program
NAF
nonappropriated fund
NHSPS
National Highway Safety Program Standards
NHTSA
National Highway Traffic Safety Administration
POV
privately owned vehicle
SOFA
status of forces agreement
SOP
standing operating procedure
STAMIS
Standard Army Management Information System
TRADOC
U.S. Army Training and Doctrine Command
UCMJ
Uniform Code of Military Justice
USAF
United States Air Force
USC
United States Code
USMC
United States Marine Corps
USN
United States Navy
Section II
Terms
Active Duty Personnel
Military personnel, whether Active Army, U.S. Army Reserve, or Army
National Guard of the United States, who are on active duty under Title
10, United States Code.
Alcohol Safety Action Program (ASAP)
A program sponsored by a State, in cooperation with the NHTSA, to
reduce highway deaths, injuries, and property damage resulting from
traffic accidents in which alcohol is a major contributing factor.
[[Page 69]]
Army Drug and Alcohol Prevention and Control Program (ADAPCP)
An Army program that provides for alcohol and drug problems
(appropriate education or treatment).
Chemical Breath-testing Device
An instrument using photoelectric or other physical or chemical
means to quantitatively determine blood-alcohol concentrations.
Collision Diagram
A plan of an intersection or section of roadway on which reported
accidents are diagrammed by means of arrows showing manner of collision.
Condition Diagram
A scale drawing of an intersection or section of roadway that shows
all objects and physical conditions that bear on traffic movement and
safety.
Conviction
A final adjudication that may include one or more of the following:
a. An unvacated forfeiture of bail or collateral deposited to secure
a defendant's appearance-in-court.
b. Pleas of nolo contendere accepted by a court.
c. Payment of a fine.
d. Pleas of guilty or finding of guilty on a charge of violating.
State, Federal, or host nation civil law; or the UCMJ.
e. Judicial or nonjudicial punishment imposed under the UCMJ.
Driver
Any person who drives or is in physical control of a motor vehicle.
A driver is in physical control when in position to control the motor
vehicle, whether to regulate or restrain its operation or movement. For
example, sitting in a parked car behind the steering wheel, keeping it
in restraint or in a position to control its movement. The word
``driver'' is interchangeable with the word ``operator.''
Driver's License
A license to operate a motor vehicle under the laws of a State, the
District of Columbia, a U.S. territory or possession, a host country, or
under international agreements (international driver's license). Also, a
vehicle operator's permit issued by an agency of the U.S. Government, or
an overseas command.
Driving Privilege
The privilege extended by an installation commander to a person
permitting the operation of a motor vehicle within the limits of the
installation.
General Officer
A term used to describe officers in the military grade of 0-7 or
above, including officers frocked to the grade of, in the Army, Air
Force, Marine Corps, or Navy.
General Officer Letter of Reprimand
A memorandum or letter of reprimand, administrative in nature,
prepared in accordance with AR 600-37 and signed by any officer serving
in the grade of 0-7 or above in the Army, Air Force, Marine Corps, or
Navy.
Government Motor Vehicle
A motor vehicle owned, rented, or leased by DOD. This includes
vehicles owned, rented, or leased by NAF activities of the military
departments and DOD.
High Accident Frequency Location
A location, intersection, or length of roadway, normally not more
than one-half mile in length, where an unusually high number of
accidents have occurred.
Host Nation
Any foreign country or possession in which an installation is
located.
Installation or Activity Commander
A term applied equally to CONUS installation commanders and overseas
community commanders.
Intoxicated Driving
Includes one or more of the following:
a. Driving, operating, or being in actual physical control of a
motor vehicle under any intoxication caused by alcohol or drugs in
violation of Article 111 of the UCMJ or a similar law of the
jurisdiction in which the vehicle is being operated.
b. Driving, operating, or being in actual physical control of a
motor vehicle with a BAC of 0.10 or higher on a military installation or
in an area where traffic operations are under military supervision.
c. Driving, operating, or being in actual physical control of a
motor vehicle with a BAC of 0.10 or higher in violation of the law of
the jurisdiction in which the vehicle is being operated.
d. Driving, operating, or being in actual physical control of a
motor vehicle with a BAC of 0.05 but less than 0.10 in violation of the
law of the jurisdiction in which the vehicle is being operated if the
jurisdiction imposes a suspension or revocation solely on the basis of
the BAC level.
[[Page 70]]
Law Enforcement Personnel (Officials)
Persons under supervision of the installation law enforcement
officer who are authorized to direct, regulate, and control traffic, and
to apprehend or arrest violators of laws or regulations. They are
usually identified as military police, security police, civilian guards,
or DOD police.
Major Command/Major Commanders
The level of command between the base, installation, or community
commander and the Service headquarters.
Moped
Any two or three-wheel device having operative capability by--
a. Human propulsion power (or no pedals if powered solely by
electrical energy).
b. An automatic transmission.
c. A motor that produces less than two gross brake horsepower, and--
(1) Propels the device at a maximum speed of not more than 30 miles
per hour on level ground.
(2) Has a maximum engine size of 50 cubic centimeters.
Motorcycle
Every motor vehicle that has a seat or saddle for use of the rider
and is designed to travel on not more than three wheels in contact with
the ground. Tractors and Mopeds are excluded.
Motor Vehicle
Any vehicle driven or drawn by mechanical power, and manufactured
primarily for use on public streets, roads, and highways.
(Vehicles operated only on a rail or rails are excluded.)
Motor Vehicle Registration
The process of issuing registration certificate and registration
plates for a motor vehicle under the law of a State (State
registration). The term also applies to the registration form and
identification media issued by a host nation or overseas command, or per
this regulation for a motor vehicle authorized to operate on a military
installation in the United States or its territories.
Motor Vehicle Traffic Accident
An unintended event causing injury or damage, and involving one or
more motor vehicles on a highway, road, or street that is publicly
maintained and open for public vehicular travel. Motor vehicle traffic
accident classification. The classification of traffic accidents
according to severity of injuries or property damage sustained. Major
classifications include the following:
a. Severity of injury.
(1) Fatal accident. A motor vehicle accident that results in fatal
injuries to one or more personnel. A fatal injury is one that results in
death within 12 months of the accident causing the injury.
(2) Incapacitating injury. An injury, other than fatal, that
prevents the injured person from walking, driving, or normally
continuing the activities that he or she was capable of performing
before the accident. Examples are severe lacerations, broken or
distorted limb, skull fracture, crushed chest, internal injury,
unconsciousness when taken from the accident scene, or inability to
leave the accident scene without help.
(3) Nonincapacitating evident injury. An injury, other than fatal
and incapacitating, that is evident to any person at the scene of the
accident. Examples are lump on head, abrasions, or minor lacerations.
(4) Possible injury. An injury reported or claimed that is not a
fatal, incapacitating, or nonincapacitating evident injury. Examples are
momentary unconsciousness, claim of injuries that are not evident,
limping, or complaint of pain, nausea, or hysteria.
b. Severity of vehicle damage.
(1) Disabling damage. Any damage to a vehicle such that it cannot be
driven (or towed in the case of trailers) from the scene of the accident
in the usual manner by daylight after simple repairs, and without
further damage or hazard to itself, other traffic elements, or the
roadway.
(2) Functional damage. Any nondisabling damage to a vehicle that
affects operation of the vehicle or its parts. Examples are doors,
windows, hood, and trunk lids that will not operate properly; broken
glass that obscures vision; or any damage that could prevent the motor
vehicle from passing an official motor vehicle inspection.
(3) Other motor vehicle damage. Any damage to a vehicle that is
neither disabling nor functional damage. Such damage usually affects
only the load on the vehicle or the appearance of the motor vehicle.
Examples are damage to hubcaps, trim, or grill; glass cracks that do not
interfere with vision; dents; scratches; body punctures; or damage to
load.
Moving Violation
A violation of any traffic law, ordinance, or regulation while
operating a vehicle. Moving violations typically involve one or both of
the following:
a. Unsafe act. An act or omission in traffic that is hazardous.
b. Unsafe condition. Causing or permitting an illegal and possibly
hazardous condition of--
(1) Highways, roads, or streets used by traffic.
(2) Vehicles used in traffic.
(3) A pedestrian or driver in traffic.
[[Page 71]]
Navy Alcohol and Drug Safety Action Program (NADSAP)
A Navy program that provides a means to identify Navy personnel
involved in alcohol-related situations, within the legal and medical
systems, at the earliest indication of alcohol misuse or alcoholism.
Pedicycle
A vehicle operated solely by pedals and propelled by human power.
Pedestrian
Any person not in or on a motor vehicle or other road vehicle.
Reciprocity
Reciprocal action between State or host nation and military
authorities to suspend or revoke a person's OF 46, installation driving
privilege, or State, host nation, or overseas command driver's license
based on action initiated by either authority.
Revocation of Driver's License
The termination by formal action of State, host nation, or overseas
command authority of a person's license or privilege to operate a motor
vehicle on the public roadways. This termination is not subject to
renewal or restoration except that application may be presented and
acted on by the State, host nation, or overseas command authority after
the expiration of the period set by State or host nation law or overseas
command regulation.
Revocation of Driving Privileges
Action taken by an installation commander to terminate a privilege
to operate a motor vehicle on a military installation. State One of the
U.S. States, the District of Columbia, the Commonwealth of Puerto Rico,
and the territory of Guam.
Suspension of Driver's License
The temporary withdrawal by formal action of State, host nation, or
overseas command authority of a person's license or privilege to operate
a motor vehicle on the public highways.
Suspension of Driving Privileges
The temporary withdrawal by an installation commander of a person's
privilege to operate a motor vehicle on a military installation for up
to 12 months. Privileges normally are automatically restored on the day
after the date the suspension ends.
Traffic
Pedestrians, ridden or herded animals, vehicles, street cars, and
other conveyances, either singly or together, using any roadway.
Traffic Control Devices
Signs, signals, markings, lights, and devices placed by a proper
official to regulate, warn, or guide traffic.
Traffic Engineering
Planning and geometric design of streets, highways, and abutting
lands, and matters concerned with traffic operations on them related to
the safe, convenient, and economical transportation of persons and
goods.
Traffic Laws
All laws, ordinances, and regulations concerning roadway traffic,
including regulations on weight, size, and type of vehicles and vehicle
cargo.