[Title 32 CFR E]
[Code of Federal Regulations (annual edition) - July 1, 2004 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 E - Driving Records and the Traffic Point System]
[From the U.S. Government Printing Office]
3242004-07-012002-07-01trueDriving Records and the Traffic Point SystemESubpart ENATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSMOTOR VEHICLE TRAFFIC SUPERVISION
Subpart E--Driving Records and the Traffic Point System
Sec. 634.44 Driving records.
Each Service and DLA will use its own form to record vehicle traffic
accidents, moving violations, suspension or revocation actions, and
traffic point assessments involving military and DOD civilian personnel,
their family members, and other personnel operating motor vehicles on a
military installation. Army installations will use DA Form 3626 (Vehicle
Registration/Driver Record) for this purpose. Table 5-1 prescribes
mandatory minimum or maximum suspension or revocation periods. Traffic
points are not assessed for suspension or revocation actions.
Table 634.44--Suspension/Revocation of Driving Privileges (See Notes 1
and 2.)
Assessment 1: Two-year revocation is mandatory on determination of facts
by installation commander. (For Army, 5-year revocation is mandatory.)
Violation: Driving while driver's license or installation driving
privileges are under suspension or revocation.
Assessment 2: One-year revocation is mandatory on determination of facts
by installation commander.
Violation: Refusal to submit to or failure to complete chemical tests
(implied consent).
Assessment 3: One-year revocation is mandatory on conviction.
Violation: Manslaughter (or negligent homicide by vehicle) resulting
from the operation of a motor vehicle.
Driving or being in actual physical control of a motor vehicle while
under the influence of intoxicating liquor (0.10% or greater on DOD
installations; violation of civil law off post).
Driving a motor vehicle while under the influence of any narcotic,
or while under the influence of any other drug (including alcohol) to
the degree rendered incapable of safe vehicle operation.
Use of a motor vehicle in the commission of a felony. Fleeing the
scene of an accident involving death or personal injury (hit and run).
Perjury or making a false statement or affidavit under oath to
responsible officials relating to the ownership or operation of motor
vehicles.
Unauthorized use of a motor vehicle belonging to another, when the
act does not amount to a felony.
Assessment 4: Suspension for a period of 6 months or less or revocation
for a period not to exceed 1 year is discretionary.
Violation: Mental or physical impairment (not including alcohol or other
drug use) to the degree rendered incompetent to drive.
Commission of an offense in another State which, if committed on the
installation, would be grounds for suspension or revocation.
Permitting an unlawful or fraudulent use of an official driver's
license.
Conviction of fleeing, or attempting to elude, a police officer.
Conviction of racing on the highway.
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Assessment 5: Loss of OF 46 for minimum of 6 months is discretionary.
Violation: Receiving a second 1-year suspension or revocation of driving
privileges within 5 years.
Notes:
1. When imposing a suspension or revocation because of an off-
installation offense, the effective date should be the same as the date
of civil conviction, or the date that State or host-nation driving
privileges are suspended or revoked. This effective date can be
retroactive.
2. No points are assessed for revocation or suspension actions.
Except for implied consent violations, revocations must be based on a
conviction by a civilian court or courts-martial, nonjudicial punishment
under Article 15, UCMJ, or a separate hearing as addressed in this
regulation. If revocation for implied consent is combined with another
revocation, such as 1 year for intoxicated driving, revocations may run
consecutively (total or 24 months) or concurrently (total of 12 months).
The installation commander's policy should be applied systematically and
not on a case-by-case basis.
Sec. 634.45 The traffic point system.
The traffic point system provides a uniform administrative device to
impartially judge driving performance of Service and DLA personnel. This
system is not a disciplinary measure or a substitute for punitive
action. Further, this system is not intended to interfere in any way
with the reasonable exercise of an installation commander's prerogative
to issue, suspend, rovoke, deny, or reinstate installation driving
privileges.
Sec. 634.46 Point system application.
(a) The Services and DLA are required to use the point system and
procedures prescribed herein without change.
(b) The point system in table 634.46 applies to all operators of
U.S. Government motor vehicles, on or off Federal property. The system
also applies to violators reported to installation officials in
accordance with Sec. 634.32.
(c) Points will be assessed when the person is found to have
committed a violation and the finding is by either the unit commander,
civilian supervisor, a military or civilian court (including a U.S.
Magistrate), or by payment of fine, forfeiture of pay of allowances, or
posted a bond, or collateral.
Table 634.46--Point Assessment for Moving Traffic Violations (See Note
1.)
Violation: Reckless driving (willful and wanton disregard for the safety
of persons or property).
Points assessed: 6
Violation: Owner knowingly and willfully permitting a physically
impaired person to operate the owner's motor vehicle.
Points assessed: 6
Violation: Fleeing the scene (hit and run)-property damage only.
Points assessed: 6
Violation: Driving vehicle while impaired (blood-alcohol content more
than 0.05 percent and less than 0.10 percent).
Points assessed: 6
Violation: Speed contests.
Points assessed: 6
Violation: Speed too fast for conditions.
Points assessed: 2
Violation: Speed too slow, causing potential safety hazard.
Points assessed: 2
Violation: Failure of operator or occupants to use available restraint
system devices while moving (operator assessed points).
Points assessed: 2
Violation: Failure to property restrain children in a child restraint
system while moving (when child is 4 years of age or younger or the
weight of child does not exceed 45 pounds).
Points assessed: 2
Violation: One to 10 miles per hour over posted speed limit.
Points assessed: 3
Violation: Over 10 but not more than 15 miles per hour above posted
speed limit.
Points assessed: 4
Violation: Over 15 but not more than 20 miles per hour above posted
speed limit.
Points assessed: 5
Violation: Over 20 miles per hour above posted speed limit.
Points assessed: 6
Violation: Following too close.
Points assessed: 4
Violation: Failure to yield right of way to emergency vehicle.
Points assessed: 4
Violation: Failure to stop for school bus or school-crossing signals.
Points assessed: 4
Violation: Failure to obey traffic signals or traffic instructions of an
enforcement officer or traffic warden; or any official regulatory
traffic sign or device requiring a full stop or yield of right of way;
denying entry; or requiring direction of traffic.
Points assessed: 4
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Violation: Improper passing.
Points assessed: 4
Violation: Failure to yield (no official sign involved).
Points assessed: 4
Violation: Improper turning movements (no official sign involved).
Points assessed: 3
Violation: Wearing of headphones/earphones while driving motor vehicles
(two or more wheels).
Points assessed: 3
Violation: Failure to wear an approved helmet and/or reflectorized vest
while operating or riding on a motorcycle, MOPED, or a three or four-
wheel vehicle powered by a motorcycle-like engine.
Points assessed: 3
Violation: Improper overtaking.
Points assessed: 3
Violation: Other moving violations (involving driver behavior only).
Points assessed: 3
Violation: Operating an unsafe vehicle. (See Note 2.)
Points assessed: 2
Violation: Driver involved in accident is deemed responsible (only added
to points assessed for specific offenses).
Points assessed: 1
Notes:
1. When two or more violations are committed on a single occasion,
the points assessed will be for the offense having the greater value.
2. This measure should be used for other than minor vehicle safety
defects or when a driver or registrant fails to correct a minor defect
(for example, a burned out headlight not replaced within the grace
period on a warning ticket).
Sec. 634.47 Point system procedures.
(a) Reports of moving traffic violations recorded on DD From 1408 or
DD From 1805 will serve as a basis for determining point assessment. For
DD Form 1408, return endorsements will be required from commanders or
supervisors.
(b) On receipt of DD Form 1408 or other military law enforcement
report of a moving violation, the unit commander, designated supervisor,
or person otherwise designated by the installation commander will
conduct an inquiry. The commander will take or recommend proper
disciplinary or administrative action. If a case involves judicial or
nonjudicial actions, the final report of action taken will not be
forwarded until final adjudication.
(c) On receipt of the report of action taken (including action by a
U.S. Magistrate Court on DD Form 1805), the installation law enforcement
officer will assess the number of points appropriate or the offense, and
record the traffic points or the suspension or revocation of driving
privileges on the person's driving record. Except as specified otherwise
in this and other vice/DLA regulations, points will not be assessed or
driving privileges suspended or revoked when the report of action taken
indicates that neither disciplinary nor administrative action was taken.
(d) Installation commanders may require the following driver
improvement measures as appropriate:
(1) Advisory letter through the unit commander or supervisor to any
person who has acquired six traffic points within a 6-month period.
(2) Counseling or driver improvement interview, by the unit
commander, of any person who has acquired more than six but less than 12
traffic points within a 6-month period. This counseling or interview
should produce recommendations to improve driver performance.
(3) Referral for medical evaluation when a driver, based on
reasonable belief, appears to have mental or physical limits that have
had or may have an adverse affect on driving performance.
(4) Attendance at remedial driver training to improve driving
performance.
(5) Referral to an alcohol or drug treatment or rehabilitation
facility for evaluation, counseling, or treatment. This action is
required for active military personnel in all cases in which alcohol or
other drugs are a contributing factor to a traffic citation, incident,
or accident.
(e) An individual's driving privileges may be suspended or revoked
as provided by this regulation regardless of whether these improvement
measures are accomplished.
(f) Persons whose driving privileges are suspended or revoked (for
one violation or an accumulation of 12 traffic points within 12
consecutive months, or 18 traffic points within 24 consecutive months)
will be notified in writing through official channels (Sec. 634.11).
Except for the mandatory minimum or
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maximum suspension or revocation periods prescribed by table 634.44, the
installation commander will establish periods of suspension or
revocation. Any revocation based on traffic points must be no less than
6 months. A longer period may be imposed on the basis of a person's
overall driving record considering the frequency, flagrancy, severity of
moving violations, and the response to previous driver improvement
measures. In all cases, military members must successfully complete a
prescribed course in remedial driver training before driving privileges
are reinstated.
(g) Points assessed against a person will remain in effect for point
accumulation purposes for 24 consecutive months. The review of driver
records to delete traffic points should be done routinely during records
update while recording new offenses and forwarding records to new duty
stations. Completion of a revocation based on points requires removal
from the driver record of all points assessed before the revocation.
(h) Removal of points does not authorize removal of driving record
entries for moving violations, chargeable accidents, suspensions, or
revocations. Record entries will remain posted on individual driving
records for the period of time indicated below.
(1) Chargeable nonfatal traffic accidents or moving violations--3
years.
(2) Nonmandatory suspensions or revocations--5 years.
(3) Mandatory revocations--7 years.
Sec. 634.48 Disposition of driving records.
Procedures will be established to ensure prompt notice to the
installation law enforcement officer when a person assigned to or
employed on the installation is being transferred to another
installation, being released from military service, or ending
employment.
(a) If persons being transferred to a new installation have valid
points or other entries on the driving records, the law enforcement
officer will forward the records to the law enforcement officer of the
gaining installation. Gaining installation law enforcement officers must
coordinate with applicable commanders and continue any existing
suspension or revocation based on intoxicated driving or accumulation of
traffic points. Traffic points for persons being transferred will
continue to accumulate as specified in Sec. 634.47(g).
(b) Driving records of military personnel being discharged or
released from active duty will be retained on file for 2 years and then
destroyed. In cases of immediate reenlistment, change of officer
component or military or civilian retirement when vehicle registration
is continued, the record will remain active.
(c) Driving records of civilian personnel terminating employment
will be retained on file for 2 years and then destroyed.
(d) Driving records of military family members containing point
assessments or other entries will be forwarded to the sponsor's gaining
installation in the same manner as for service members. At the new
installation, records will be analyzed and made available temporarily to
the sponsor's unit commander or supervisor for review.
(e) Driving records of retirees electing to retain installation
driving privileges will be retained. Points accumulated or entries on
the driver record regarding suspensions, revocations, moving violations,
or chargeable accidents will not be deleted from driver records except
per Sec. 634.47 (g) and (h).
(f) Army users will comply with Sec. 634.47 (g) and (h) by mailing
the individual's DA Form 3626 to the gaining installation provost
marshal.