[Title 32 CFR 634]
[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]
[From the U.S. Government Printing Office]
3242004-07-012002-07-01trueMOTOR VEHICLE TRAFFIC SUPERVISION634PART 634NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents
Subpart A--Introduction
Sec.
634.1 Purpose.
634.2 References.
634.3 Explanation of abbreviations and terms.
634.4 Responsibilities.
634.5 Program objectives.
Subpart B--Driving Privileges
634.6 Requirements for driving privileges.
634.7 Stopping and inspecting personnel or vehicles.
634.8 Implied consent to blood, breath, or urine tests.
634.9 Implied consent to impoundment.
634.10 Suspension or revocation of driving privileges.
634.11 Administrative due process for suspensions and revocations.
634.12 Army administrative actions against intoxicated drivers.
634.13 Remedial driver training programs.
634.14 Alcohol and drug abuse programs.
634.15 Restoration of driving privileges on acquittal.
634.16 Restricted driving privileges or probation.
634.17 Extensions of suspensions and revocations.
634.18 Reciprocal State-military action.
Subpart C--Motor Vehicle Registration
634.19 Registration policy.
634.20 Registration requirements.
634.21 Specifications for DD Form 2220.
634.22 Termination or denial of registration.
634.23 Specified consent to impoundment.
Subpart D--Traffic Supervision
Section I--Traffic Planning and Codes
634.24 Traffic planning.
634.25 Installation traffic codes.
Section II--Traffic Law Enforcement
634.26 Traffic law enforcement principles.
634.27 Speed-measuring devices.
634.28 Traffic accident investigation.
634.29 Traffic accident investigation reports.
634.30 Traffic accident investigation report data.
634.31 Parking.
634.32 Traffic violation reports.
Section III--Standards and Procedures for Processing Drunk Drivers
634.33 Training of law enforcement personnel.
634.34 Blood alcohol concentration standards.
634.35 Chemical testing policies and procedures.
634.36 Detection, apprehension, and testing of intoxicated drivers.
634.37 Voluntary breath and bodily fluid testing based on implied
consent.
634.38 Involuntary extraction of bodily fluids in traffic cases.
634.39 Testing at the request of the apprehended person.
634.40 Preparation of sworn statement.
Section IV--Off-Installation Traffic Activities
634.41 General.
634.42 Compliance with State laws.
634.43 Civil-military cooperative programs.
Subpart E--Driving Records and the Traffic Point System
634.44 Driving records.
634.45 The traffic point system.
634.46 Point system application.
634.47 Point system procedures.
634.48 Disposition of driving records.
Subpart F--Impounding Privately Owned Vehicles
634.49 General.
634.50 Standards for impoundment.
634.51 Towing and storage.
634.52 Procedures for impoundment.
634.53 Search incident to impoundment based on criminal activity.
634.54 Disposition of vehicles after impoundment.
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Appendix A to Part 634--References
Appendix B to Part 634--Notification of State Driver's License Agencies
Appendix C to Part 634--DOD Directive 5525.4, Enforcement of State Laws
on DOD Installations
Appendix D to Part 634--Glossary
Authority: 10 U.S.C. 30112(g); 5 U.S.C. 2951; Pub. L. 89-564; 89-
670; 91-605; and 93-87.
Source: 56 FR 3930, Jan. 31, 1991, unless otherwise noted.
Subpart A--Introduction
Sec. 634.1 Purpose.
(a) This regulation sets policy, responsibilities, and procedures
for motor vehicle traffic supervision on military installations in the
continental United States (CONUS) and overseas areas. This includes but
is not limited to the following:
(1) Granting, suspending, or revoking the privilege to operate a
privately owned vehicle (POV).
(2) Registration of POVs.
(3) Administration of vehicle registration and driver performance
records.
(4) Driver improvement programs.
(5) Police traffic supervision.
(6) Off-installation traffic activities.
(b) Commanders in overseas areas are authorized to modify these
policies and procedures in the following instances:
(1) When dictated by host nation relationships, treaties, and
agreements.
(2) When traffic operations under military supervision necessitate
measures to safeguard and protect the morale, discipline, and good order
in the Services.
Sec. 634.2 References.
Required and related publications and prescribed and referenced
forms are listed in appendix A.
Sec. 634.3 Explanation of abbreviations and terms.
Abbreviations and special terms used in this regulation are
explained in appendix D.
Sec. 634.4 Responsibilities.
(a) Departmental. The Deputy Chief of Staff for Operations and
Plans, Headquarters, Department of the Army (HQDA); Commander, Naval
Security and Investigative Command U.S. Navy (USN); Chief of Air Force
Office of Security Police, Headquarters, U.S. Air Force (USAF); Deputy
Chief of Staff, for Plans, Policies, and Operations, Headquarters, U.S.
Marine Corps (USMC); and Staff Director, Office of Command Security,
Headquarters, Defense Logistics Agency (DLA), will--
(1) Exercise staff supervision over programs for motor vehicle
traffic supervision.
(2) Develop standard policies and procedures.
(3) Maintain liaison with interested staff agencies and other
military departments on traffic supervision and establish working groups
and committees.
(4) Maintain liaison with departmental safety personnel on traffic
safety and accident reporting systems.
(5) Coordinate with national, regional, and State traffic officials
and agencies, and actively participate in conferences and workshops
sponsored by Government or private groups at the national level.
(6) Help organize and monitor police traffic supervision training.
(7) Maintain liaison with the Department of Transportation (DOT) and
other Federal departments and agencies on the National Highway Safety
Program Standards (NHSPS) and programs that apply to U.S. military
traffic supervision.
(8) Participate in the national effort to reduce intoxicated
driving.
(b) All major commanders. Major commanders of the Army, Navy, Air
Force, Marine Corps, and DLA will--
(1) Manage traffic supervision in their commands.
(2) Cooperate with the support programs of State and regional
highway traffic safety organizations.
(3) Coordinate regional traffic supervision activities with other
major military commanders in assigned geographic areas of
responsibility.
(4) Monitor agreements between installations and host State
authorities for reciprocal reporting of suspension and revocation of
driving privileges.
(5) Participate in State and regional efforts to reduce intoxicated
driving.
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(6) Establish awards and recognition programs to recognize
successful installation efforts to eliminate intoxicated driving. Ensure
that criteria for these awards are positive in nature and include more
than just apprehensions for intoxicated driving.
(7) Modify policies and procedures when required by host nation
treaties or agreements.
(c) Major Army commanders. Major Army commanders will ensure
subordinate installations utilizing automated vehicle registration
programs implement Vehicle Registration System-2 (VRS-2) when fielded.
(d) Commanding General, U.S. Army Training and Doctrine Command (CG,
TRADOC). The CG, TRADOC will ensure that VRS-2 technical training for
functional users is incorporated into service school instructional
programs.
(e) Installation or activity commander. The installation or activity
commander will--
(1) Establish an effective traffic supervision program.
(2) Cooperate with civil police agencies and other local government
agencies or civil traffic organizations concerned with traffic
supervision.
(3) Ensure that traffic supervision is properly integrated in the
overall installation traffic safety program.
(4) Actively participate in Alcohol Safety Action Projects (ASAP) in
neighboring communities.
(f) Installation or activity law enforcement officer. The
installation or activity law enforcement officer will--
(1) Exercise overall staff responsibility for directing, regulating,
and controlling traffic, and enforcing laws pertaining to traffic
control.
(2) Perform traffic engineering functions at installations by
conducting traffic control studies designed to obtain information on
traffic problems and usage patterns.
(g) Safety officer. The safety officer will participate in and
develop traffic accident prevention initiatives in support of the
installation traffic safety program.
(h) Facility engineer (public works officer at Navy installations).
The facility engineer or engineer officer, will--
(1) Perform that phase of engineering concerned with the planning,
design, construction, and maintenance of streets, highways, and abutting
lands.
(2) Select, determine appropriate design, procure, construct,
install, and maintain permanent traffic and parking control devices in
coordination with the law enforcement officer and safety officer.
(3) Ensure that traffic signs, signals, and pavement markings
conform to the standards in the current Manual on Uniform Traffic
Control Devices for Streets and Highways.
(4) Ensure that planning, design, construction, and maintenance of
streets and highways conform to the NHSPS as implemented by the
Services.
(i) Traffic engineer. The traffic engineer, in close coordination
with the law enforcement officer, will--
(1) Conduct formal traffic engineering studies.
(2) Apply traffic engineering measures, including traffic control
devices, to reduce the number and severity of traffic accidents. (If
there is no installation traffic engineer, installation commanders may
request these services through channels from the Commander, Military
Traffic Management Command, 5611 Columbia Pike, Falls Church, VA 22041-
5050.)
(j) Army Alcohol and Drug Control Officer (ADCO). The ADCO will
provide treatment and education services to personnel with alcohol or
drug abuse problems.
(k) Navy Counseling and Assistance Center (CAAC) Directors. These
directors will--
(1) Supervise the alcohol/drug rehabilitation services to personnel
with alcohol or drug abuse problems.
(2) Provide remedial/motivational education for all persons
identified as alcohol or drug abusers who are evaluated as not dependent
on alcohol or drugs and who have been referred to Level One
rehabilitation by their commands.
(l) Marine Corps Substance Abuse Program Officer. This officer will
provide alcohol/drug education, treatment, and rehabilitation services
to personnel with alcohol/drug abuse problems.
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(m) DLA Employee Assistance Program Officer. This officer will
provide alcohol/drug counseling and referral services to identified
personnel with alcohol/drug abuse problems in accordance with procedures
prescribed by the Chief, Staffing, Labor, and Employee Relations
Division, Office of Civilian Personnel, HQ DLA.
Sec. 634.5 Program objectives.
The objectives of motor vehicle traffic supervision are to assure--
(a) Safe and efficient movement of personnel and vehicles.
(b) Reduction of traffic deaths, injuries, and property damage from
traffic accidents. (Because most traffic accidents can be prevented,
motor vehicle accidents should be examined in terms of the roadway
conditions, environment, operator, vehicle, and the supervision and
control measures involved.)
(c) Integration of installation safety, engineering, legal, medical,
and law enforcement resources into the installation traffic planning
process.
(d) Removal of intoxicated drivers from installation roadways
followed by the expeditious application of appropriate sanctions.
Subpart B--Driving Privileges
Sec. 634.6 Requirements for driving privileges.
(a) Driving a Government vehicle or POV on a military installation
is a privilege granted by the installation commander. Persons who accept
the privilege must--
(1) Comply with laws and regulations governing motor vehicle
operations on the installation.
(2) Comply with installation registration requirements in subpart C
if applicable.
(3) Possess, while operating a motor vehicle and produce on demand
to law enforcement personnel, the following:
(i) Proof of vehicle ownership or State registration if required by
the issuing State.
(ii) A valid State, overseas command, host nation, or international
driver's license and/or OF 346 (U.S. Government Motor Vehicle Operator's
Identification Card), as applicable, supported by a DD Form 2A (U.S.
Armed Forces Identification Card) or other identification for non-
Department of Defense (DOD) civilians.
(iii) A valid record of motor vehicle safety inspection if required.
(b) Operators of Government motor vehicles must have proof of
authorization to operate the vehicle.
Sec. 634.7 Stopping and inspecting personnel or vehicles.
(a) Military vehicles may be stopped by law enforcement personnel on
military installations based on the installation commander's policy.
(1) In overseas areas, military vehicles may be stopped on or off
installations as determined by host nation agreement and command policy.
(2) Stops and inspections of vehicles at installation gates or entry
points and in restricted areas will be conducted according to separate
Service policy.
(3) Stops and inspections of POVs within the military installation,
other than at restricted areas or at an installation gate, are
authorized only when there is a reasonable basis to believe the stop/
inspection is necessary to enforce a traffic regulation or the stop is
based on suspicion of criminal activity. (Army users, see AR 210-10.
Marine Corps users, pending publication of a specific Marine Corps
order, will be guided by Military Rules of evidence 311-316 and local
command regulations. DLA users, see DLAR 5700.7.)
(b) At the time of stop, the driver and occupants may be required to
display all pertinent documents, including but not limited to--
(1) DD Form 2A.
(2) Documents that establish the identity and status of civilians;
for example, DD Form 1173 (Uniformed Services Identification and
Privilege Card), DA Form 1602 (Civilian Identification), AF Form 354
(Civilian Identification Card), DLA Form 572 (Identification Card), DLA
Form 1486 (Application for Identification Card), post pass, or national
identity card.
(3) Proper POV registration documents.
(4) Host nation vehicle registration documents if applicable.
(5) Authorization to operate a U.S. Government vehicle if
applicable.
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(6) Drivers license or OF 346 valid for the particular vehicle and
area of operation.
Sec. 634.8 Implied consent to blood, breath, or urine tests.
Persons accepting installation driving privileges shall be deemed to
have given their consent to evidential tests for alcohol or other drug
content of their blood, breath, and/or urine if lawfully stopped,
apprehended, or cited for any offense allegedly committed while driving
or in physical control of a motor vehicle on the installation while
under the influence of intoxicants.
Sec. 634.9 Implied consent to impoundment.
Any person granted the privilege of operating a motor vehicle on an
installation shall be deemed to have given his or her consent for the
removal and temporary impoundment of the POV 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 persons further agree to reimburse
the United States for the cost of towing and storage should their motor
vehicle be removed or impounded. Existence of the conditions described
above will be determined by the installation commander or designee.
Sec. 634.10 Suspension or revocation of driving privileges.
The installation commander (or designee not assigned primarily to
law enforcement duties) may, for cause, administratively suspend or
revoke driving privileges on the installation. The suspension or
revocation of installation driving privileges or POV registrations, for
lawful reasons unrelated to traffic violations or safe vehicle
operation, is not limited or restricted by this regulation.
(a) Suspension. (1) Driving privileges are usually suspended when
other measures have failed to improve a driver's performance. Measures
should include counseling, remedial driving training, and rehabilitation
programs. Driving privileges may also be suspended for up to 6 months if
a driver continually violates installation parking regulations. The
commander will determine standards for suspension based on frequency of
parking violations and publish those standards.
(2) The installation commander has discretionary power to withdraw
the authorization of active duty military personnel, DOD civilian
employees, and nonappropriated fund (NAF) employees to operate U.S.
Government vehicles.
(3) Immediate suspension of installation or overseas command POV
driving privileges pending resolution of an intoxicated driving incident
is authorized for active duty military personnel, family members,
retired members of the military services, DOD civilian personnel, and
others with installation or overseas command driving privileges
regardless of the geographic location of an intoxicated driving
incident. Suspension is authorized for non-DOD affiliated civilians only
with respect to incidents occurring on the installation or in areas
subject to military traffic supervision. After a review of available
evidence as specified in Sec. 634.11, installation driving privileges
will be immediately suspended pending resolution of the intoxicated
driving incident in the following circumstances;
(i) Refusal to take or complete a lawfully requested chemical test
to determine contents of blood for alcohol or other drugs.
(ii) Operating a motor vehicle with a blood alcohol content (BAC) of
0.10 percent by volume or higher or in violation of the law of the
jurisdiction that is being assimilated on the military installation.
(iii) Operating a motor vehicle with a BAC of at least 0.05 percent
by volume but less than 0.10 percent blood alcohol by volume in
violation of the law of the jurisdiction in which the vehicle is being
operated if the jurisdiction imposes a suspension solely on the basis of
the BAC level.
(iv) On an arrest report or other official documentation of the
circumstances of an apprehension for intoxicated driving.
(b) Revocation. (1) The revocation of installation or overseas
command POV driving privileges is a severe administrative measure to be
exercised for serious moving violations or when other
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available corrective actions fail to produce the desired driver
improvement. Revocation of the driving privilege will be for a specific
period, but never less than 6 months, applies at all military
installations, and remains in effect on reassignment.
(2) Driving privileges are subject to revocation when an individual
fails to comply with any of the conditions requisite to the granting of
the privilege. (See Sec. 634.6.) Revocation of installation driving and
registration privileges is authorized for military personnel, family
members, civilian employees of DOD, and other individuals with
installation driving privileges. For civilian guests, revocation is
authorized only with respect to incidents occurring on the installation
or in the areas subject to military traffic supervision.
(3) Driving privileges will be revoked for a mandatory period of not
less than 1 year in the following circumstances:
(i) The installation commander or designee has determined that the
person lawfully apprehended for intoxicated driving refused to submit to
or complete a test to measure the alcohol content in the blood, or
detect the presence of any other drug, as required by the law of the
jurisdiction, installation traffic code, or by Service directive.
(ii) A conviction, nonjudicial punishment, or a military or civilian
administrative action resulted in the suspension or revocation of a
driver's license for intoxicated driving. Appropriate official
documentation of such conviction is required as the basis for
revocation.
(4) When temporary suspensions under Sec. 634.10(a)(3) are followed
by revocations, the period of revocation is computed beginning from the
date the original suspension was imposed, exclusive of any period during
which full driving privileges may have been restored pending resolution
of charges. (Example: privileges were initially suspended on 1 January
1996 for a charge of intoxicated driving with a blood alcohol content of
0.14 percent. A hearing was held, extreme family hardship was
substantiated, and privileges were restored on 1 February pending
resolution of the charge. On 10 March, the driver was convicted for
intoxicated driving. The mandatory 1-year revocation period will consist
of January 1996 plus March 1996 through January 1997, for a total of 12
months with no installation driving privileges.)
Sec. 634.11 Administrative due process for suspensions and revocations.
(a) Individual Services will promulgate separate regulations
establishing administrative due process procedures for suspension or
revocation of driving privileges. The procedures in paragraphs (b) and
(c) of this section apply to actions taken by Army commanders with
respect to Army military personnel and family members and to civilian
personnel operating motor vehicles on Army installations. For Marine
Corps users, the provisions of this paragraph apply pending publication
of a Marine Corps order addressing administrative due process.
(b) For offenses other than intoxicated driving, suspension or
revocation of the installation driving privilege will not become
effective until the installation commander or designee notifies the
affected person and offers that person an administrative hearing.
Suspension or revocation will take place 10 days after this written
notice is received unless an application for a hearing is made by the
affected person within this period. Such application will stay the
pending suspension or revocation for a period of 10 days.
(1) If, due to action by the Government, a hearing is not held
within 10 days, the suspension will not take place until such time as
the person is granted a hearing and is notified of the action of the
installation commander or designee. However, if the affected person
requests that the hearing be continued to a date beyond the 10-day
period, the suspension or revocation will become effective immediately
on receipt of notice that the request for continuance has been granted.
(2) If it is determined as the result of a hearing to suspend or
revoke the affected person's driving privilege, the suspension or
revocation will become effective when the person receives the written
notification of such action. In the event that written notification
cannot be verified either through a returned receipt for mail or
delivery
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through command channels, the hearing authority will determine the
effective date on a case-by-case basis.
(3) If the revocation or suspension is imposed after such hearing,
the person whose driving privilege has been suspended or revoked will
have the right to appeal or request reconsideration. Such requests must
be forwarded through command channels to the installation commander
within 10 days from the date the individual is notified of the
suspension or revocation resulting from the administrative hearing. The
suspension or revocation will remain in effect pending a final ruling on
the request. Requests for restricted privileges will be considered per
Sec. 634.16.
(c) For drunk driving or driving while intoxicated offenses,
reliable evidence readily available will be presented promptly to an
individual designated by the installation commander for review and
authorization for immediate suspension of installation driving
privileges.
(1) The reviewer should be any officer whose primary duties are not
in the field of law enforcement.
(2) Reliable evidence includes material such as witness statements,
military or civilian police report of apprehension, chemical test
results if completed, refusal to consent to complete chemical testing,
video tapes, statements by the apprehended individual, field sobriety or
preliminary breath test results, and other pertinent evidence.
(3) Reviews normally will be accomplished within the first normal
duty day following final assembly of evidence.
(4) When detailed and reliable evidence is not available, immediate
suspension should not be based on published lists of arrested persons,
statements by parties not witnessing the apprehension, or telephone
conversations or other information not supported by documented and
reliable evidence.
(5) Installation commanders may authorize the installation law
enforcement officer to conduct reviews and authorize suspensions in
cases where the designated reviewer is not reasonably available and, in
the judgment of the installation law enforcement officer, such immediate
action is warranted. Review by the designated officer will follow as
soon as practicable in such cases. When a suspension notice is based on
the law enforcement officer's review, there is no requirement for
confirmation notice following subsequent review by the designated
officer.
(6) For active duty military personnel, written notice of suspension
for intoxicated driving will be provided to the individual's chain of
command for immediate presentation to the individual.
(7) For civilian personnel, written notice of suspension for
intoxicated driving normally will be provided without delay via
certified mail. If the person is employed on the installation, such
notice will be forwarded through the military or civilian supervisor.
When the notice of suspension is forwarded through the supervisor, the
person whose privileges are suspended will be required to provide
written acknowledgment of receipt of the suspension notice.
(8) Notices of suspension for intoxicated driving will include the
following:
(i) The fact that the suspension can be made a revocation under
Sec. 634.10(b).
(ii) The right to request, in writing, a hearing before the
installation commander or designee to determine if post driving
privileges will be restored pending resolution of the charge; and that
such request must be made within 10 days of the notice of suspension.
(iii) The right of military personnel to be represented by counsel
at his or her own expense and to present evidence and witnesses at his
or her own expense. Installation commanders will determine the
availability of any local active duty representatives requested.
(iv) The right of Department of the Army (DA) civilian employees to
have a personal representative present at the administrative hearing in
accordance with applicable laws and regulations.
(v) Written acknowledgment of receipt to be signed by the individual
whose privileges are to be suspended or revoked.
(9) If a hearing is requested, it must take place within 10 days of
receipt of
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the request. The suspension for intoxicated driving will remain in
effect until a decision has been made by the installation commander or
designee, but will not exceed 10 working days after the hearing while
awaiting the decision. If no decision has been made by that time, full
driving privileges will be restored until such time as the accused is
notified of a decision to continue the suspension.
(10) Hearing on suspension actions under Sec. 634.10(a) for
intoxicated drivers pending resolution of charges will cover only the
pertinent issues of whether--
(i) The law enforcement official had reasonable grounds to believe
the person was driving or in actual physical control of a motor vehicle
while under the influence of alcohol or other drugs.
(ii) The person was lawfully cited or apprehended for an intoxicated
driving offense.
(iii) The person was lawfully requested to submit to a test for
alcohol or other drug content of blood, breath, or urine and was
informed of the consequences of refusal to take or complete such test.
(iv) The person refused to submit to the test for alcohol or other
drug content of blood, breath, or urine; failed to complete the test; or
submitted to the test and the result was 0.10 percent or higher blood
alcohol content, or showed results indicating the presence of other
drugs for an on-post apprehension or in violation of State laws for an
off-post apprehension.
(v) The testing methods used were valid and reliable, and the
results accurately evaluated.
(11) For revocation actions under Sec. 634.10(b)(3) for intoxicated
driving, the revocation is mandatory on conviction or other findings
that confirm the charge. (Pleas of nolo contendere are considered
equivalent to guilty pleas.)
(i) Revocations are effective as of the date of conviction or other
findings that confirm the charges.
(ii) The notice that revocation is automatic may be placed in the
suspension letter. If it does not appear in the suspension letter, a
separate letter must be sent and revocation is not effective until
receipt of the written notice.
(iii) Revocations cancel any full or restricted driving privileges
that may have been restored during suspension and the resolution of the
charges. Requests for restoration of full driving privileges are not
authorized.
Sec. 634.12 Army administrative actions against intoxicated drivers.
Army commanders will take appropriate action against intoxicated
drivers. These actions will include the following:
(a) A written general officer reprimand, administrative in nature,
will be issued to active duty Army officers, commissioned and warrant,
and noncommissioned officers, to include soldiers in the grade of E-4
appointed on official orders to corporal, in the cases described below.
This reprimand may be issued by an officer frocked to the grade of
brigadier general. Subsequent filing of the reprimand will be in
accordance with the provisions of AR 600-37.
(1) Conviction of intoxicated driving or driving under the influence
of alcohol or other drugs either on or off the installation.
(2) Refusal to take or failure to complete a lawfully requested test
to measure alcohol or drug content of the blood, breath, or urine,
either on or off the installation, when there is reasonable belief of
driving under the influence of alcohol or drugs.
(3) Driving or being in physical control of a motor vehicle on post
when the blood alcohol content is 0.10 percent or higher, irrespective
of other charges, or off post when the blood alcohol content is in
violation of State laws, irrespective of other charges.
(4) Driving or being in physical control of a motor vehicle, either
on or off the installation, when lawfully requested chemical tests
reflect the presence of illegal drugs.
(b) A written reprimand, administrative in nature, may be issued by
a general officer or other appropriate official to active duty soldiers
in the grade of E-4 (except corporals) and below in cases described in
paragraph (a) of this section.
(c) Review by commanders of the service records of active duty
soldiers apprehended for offenses described in
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(a) above to determine if the individuals warrant--
(1) Administrative reduction per AR 600-200.
(2) Bar to reenlistment per AR 601-280.
(3) Administrative discharge per AR 635-200.
Sec. 634.13 Remedial driver training programs.
(a) Navy activities will comply with OPNAVINST 5100.12D, Air Force
activities with AFR 30-2, and Marine Corps activities with MCO 5100.19C.
(b) Installation commanders may establish a remedial driver training
program to instruct and educate military personnel requiring additional
training. Personnel will be chosen for the program on the basis of their
individual driving records. The curriculum should provide instruction to
improve driving performance and compliance with traffic laws.
(c) Installation commanders may schedule periodic courses if courses
on a continuing basis are not practical. If civil authorities conduct
such courses, commanders may arrange for installation personnel to
attend these courses in lieu of operating a course on or by the
installation.
(d) Civilian personnel employed on the installation, contractor
employees, and family members of military personnel may voluntarily
attend these or similar courses.
Sec. 634.14 Alcohol and drug abuse programs.
(a) Commanders will refer military personnel suspected of drug or
alcohol abuse for evaluation in the following circumstances:
(1) Behavior is indicative of alcohol or drug abuse.
(2) Continued inability to drive a motor vehicle safely because of
alcohol or drug abuse.
(b) The commander will ensure military personnel are referred to the
installation alcohol and drug abuse program or other comparable
facilities when they are convicted of, or receive an official
administrative action for, any offense involving intoxicated driving. A
first offender may be referred for treatment if more evidence of
substance abuse exists than merely the offense of intoxicated driving.
The provisions of this paragraph do not limit the commander's
prerogatives concerning other actions that may be taken against
offenders under separate Service policies. (Army, see AR 600-85; Marine
Corps, see MCO P5300.12.)
(c) Active duty Army personnel apprehended for drunk driving, on or
off the installation, will be referred to the local Alcohol and Drug
Abuse Prevention and Control Program (ADAPCP) for evaluation within 10
days to determine if the person is dependent on alcohol or other drugs
which will result in enrollment in Track I or other level of treatment
in accordance with AR 600-85.
(d) Active duty Navy personnel apprehended for drunk driving, on or
off the installation, will be screened by the respective CAAC facility
within 10 days to determine if the individual is dependent on alcohol or
other drugs. Active duty Marines apprehended for intoxicated driving, on
or off the installation, will be referred for interview by a Level II
substance abuse counselor within 10 days for evaluation and
determination of the appropriate level of treatment required subsequent
to this evaluation, the Marine will be assigned to the appropriate
treatment program as prescribed by MCO P5300.12.
(e) The Services may develop preventive treatment and rehabilitative
programs for civilian employees with alcohol-related problems section
4561, title 42, U.S. Code (42 U.S.C. 4561).
(f) Army supervisors of civilian employees apprehended for drunk
driving will advise employees of ADAPCP services available. Army
civilian employees apprehended for intoxicated driving while on duty
will be referred to the ADAPCP for evaluation in accordance with AR 600-
85. Army commanders will ensure that sponsors encourage family members
apprehended for drunk driving to seek ADAPCP evaluation and assistance.
(g) Navy and DLA civilian personnel charged with intoxicated driving
will be referred to the Civilian Employee Assistance Program for
evaluation in accordance with FPM Supplement 792-2. Such referral does
not exempt the
[[Page 43]]
employee from appropriate administrative or disciplinary actions under
civilian personnel regulations.
(h) Marine Corps civilian employees charged with intoxicated
driving, on or off the installation, will be referred to the Employee
Assistance Program as prescribed by MCO P5300.12. Marine dependents
charged with intoxicated driving, on or off the installation, will be
provided assistance as addressed in MCO P5300.12. Such referral and
assistance does not exempt the individual from appropriate
administrative or disciplinary action under current civilian personnel
regulations or State laws.
(i) For Army, DLA, and Marine Corps, installation driving privileges
of any person who refuses to submit to or fails to complete chemical
testing for blood-alcohol content when apprehended for intoxicated
driving, or convicted of intoxicated driving, will not be reinstated
unless the person successfully completes either an alcohol education and
treatment program sponsored by the installation, State, county, or
municipality, or a private program evaluated as acceptable by the
installation commander.
(j) For Navy, on-base driving privileges will not be reinstated for
Navy personnel convicted of driving under the influence, on- or off-
base, unless the person completed the full 36-hour Navy Alcohol and Drug
Safety Action Program (NADSAP). The condensed NADSAP supervisor course
will not be used for this purpose.
Sec. 634.15 Restoration of driving privileges on acquittal.
When an official report pertaining to drunk driving or driving while
intoxicated indicates a finding of not guilty, that the charges have
been dismissed or reduced to an offense not amounting to intoxicated
driving, or that an equivalent determination has been made in a
nonjudicial punishment proceeding or military or civilian administrative
action, the suspension of driving privileges will be vacated except in
cases in which:
(a) The preliminary suspension was based on refusal to take a BAC
test.
(b) The preliminary suspension resulted from a BAC test (unless
disposition of the charges was based on invalidity of the BAC test).
When a valid BAC test is involved, the suspension will continue pending
completion of a hearing. In such instances, the individual will be
notified in writing of the continuation of the preliminary suspension
and of the opportunity to request a hearing within 10 working days. At
the hearing the arrest report, the commander's report of official
disposition, information presented by the individual, and such other
information as the hearing officer may deem appropriate will be
considered. If the hearing officer determines by a preponderance of
evidence that the individual was engaged in intoxicated driving, the
revocation will be for 1 year from the date of the original preliminary
suspension.
(c) The person was driving or in physical control of a motor vehicle
while under a preliminary suspension or revocation.
(d) An administrative determination has been made by the State or
host nation licensing authority to suspend or revoke driving privileges
based on local law or pertinent regulations.
(e) The individual has failed to complete a formally directed
substance abuse or driver's training program.
Sec. 634.16 Restricted driving privileges or probation.
(a) For the Navy, Air Force, Marine Corps, and DLA, the installation
commander may modify a suspension or revocation of driving privileges in
certain cases per paragraph (d) of this section.
(b) Army requests for restricted driving privileges subsequent to
suspension or revocation of installation driving privileges will be
referred to the installation commander or designee for determination
under criteria of (d) below, except for intoxicated driving cases, which
must be referred to the General Court Martial Convening Authority.
Withdrawal of restricted driving privileges is within the installation
commander's discretion.
(c) Probation or restricted driving privileges will not be granted
to any person whose driver's license is under suspension or revocation
by a State, Federal, or host nation licensing authority.
[[Page 44]]
(d) Aside from any other provisions of this regulation, the
installation commander or designee may grant restricted driving
privileges or probation on a case-by-case basis to accommodate any of
the following reasons, provided the person's State driver's license
remains valid:
(1) Mission requirements.
(2) Unusual personal or family hardships.
(3) Delays exceeding 90 days, not attributed to the person
concerned, in the formal disposition of an apprehension or charges that
are the basis for any type of suspension or revocation.
(4) When there is no reasonably available alternate means of
transportation to officially assigned duties. (In this instance, a
limited exception can be granted for the sole purpose of driving
directly to and from the place of duty.)
(e) The limitations on a restricted driving privilege (for example,
an authorization to drive to and from place of employment or duty,
selected installation facilities such as hospital and commissary, or
other facilities) will be specified in writing and provided to the
individual concerned. Persons found to be in violation of the restricted
privilege are subject to revocation action as prescribed in
Sec. 634.10(b). For good cause, the appropriate authority may withdraw
the restricted driving privilege and continue the suspension or
revocation period (for example, driver at fault in a traffic accident,
or driver cited for a moving traffic violation).
(f) The conditions and terms of probation will be specified in
writing and provided to the individual concerned. The original
suspension or revocation term in its entirety may be activated to
commence from the date of the violation of probation. In addition,
separate action may be initiated based on the commission of any traffic,
criminal, or military offense that constitutes a probation violation.
(g) DOD employees of the Services or DLA, who can demonstrate that
suspension or revocation of installation driving privileges would
constructively remove them from employment, may be given a limited
suspension/revocation that restricts driving on the installation or
activity (or in the overseas command) to the most direct route to and
from their respective work sites (5 U.S.C. 2303 (b)(10)). This is not to
be construed as limiting the commander from suspension or revocation of
on-duty driving privileges or seizure of OF 346, even if this action
would constructively remove a person from employment, in those instances
in which the person's duty requires driving from place to place on the
installation.
Sec. 634.17 Extensions of suspensions and revocations.
(a) Driving in violation of a suspension or revocation imposed under
this regulation will result in the original period of suspension or
revocation being increased by 2 years. In addition, administrative
action may also be initiated based on the commission of any traffic,
criminal, or military offense (for example, active duty military
personnel driving on the installation in violation of an order not to do
so).
(b) For each subsequent determination within a 5-year period that
revocation is authorized under Sec. 634.10(b), military personnel, DOD
civilians, and NAF employees will be prohibited from obtaining or using
an OF 346 for 6 months for each such incident. A determination whether
DOD civilian personnel should be prohibited from obtaining or using an
OF 346 will be made under FPM 930, and other laws and regulations
applicable to civilian personnel. This does not preclude a commander
from imposing such prohibition for a first offense, or for a longer
period of time for a first or subsequent offense, or for such other
reasons as may be authorized.
(c) Commanders may extend a suspension or revocation of the
installation driving privileges of military personnel until completion
of an approved remedial driver training course or alcohol or drug
counseling program.
(d) Commanders may extend a suspension or revocation of the
installation driving privileges of civilian personnel convicted of
intoxicated driving on the installation until successful completion of a
State or installation approved alcohol or drug rehabilitation program.
[[Page 45]]
Sec. 634.18 Reciprocal State-military action.
The Services recognize the interests of the States in matters of POV
administration and driver licensing. The following procedures will
apply:
(a) Statutory authority may exist within some host nations or States
for reciprocal suspension and revocation of driving privileges. If so,
the installation commander or designee will honor the reciprocal
agreements with State or host nation driver licensing authorities. On
receipt of written notice, the receiving party may suspend or revoke
driving privileges as if the violations or incidents had occurred within
its own jurisdiction.
(b) If statutory authority does not exist within the State for
formal military reciprocity, the procedures below will be used.
(1) Where military reciprocity has not been established by State
law, commanders will act on reports of suspensions or revocations
received from state authorities where the installation is located. When
any State authority suspends or revokes a person's driver's license, the
installation's driving privilege will be automatically terminated.
Administrative actions (suspension, revocation, or point assessment) for
moving traffic violations off the installation reported by State
authorities should not be less than that required for similar offenses
on the installation. When notified by a State of a suspension or
revocation, the installation commander may suspend or revoke the
person's OF 346.
(2) In CONUS, the appropriate State licensing authority will be
notified when a person's installation driving privileges are revoked for
a period of 1 year or more following final adjudication of an
intoxicated driving offense or for refusal to submit to a BAC test. The
notification will be sent to the licensing authority of the State where
the individual is licensed. (See appendix B to part 634.) The
notification will include the basis for the revocation and the blood
alcohol concentration level.
(c) Overseas installation commanders may be affected by provisions
of the applicable status of forces agreement (SOFA) and the law of the
host nation concerning reciprocal suspension and revocation. To the
extent an agreement concerning reciprocity may be permitted at a
particular overseas installation, the installation commander must have
prior authorization to negotiate and conclude such an international
agreement in accordance with applicable directives, DODD 5530.3, June
1987 and individual Service instructions.
Subpart C--Motor Vehicle Registration
Sec. 634.19 Registration policy.
(a) Motor vehicles will be registered according to guidance in this
regulation and in policies of each Service and DLA. Unless otherwise
specified by this regulation or other competent authority, a person who
lives or works on a military installation or often uses the facilities
will be required to register his or her vehicle. The person need not own
the vehicle to register it, but must have a lease agreement, power of
attorney, or notarized statement from the owner of the vehicle
specifying the inclusive dates for which permission to use the vehicle
has been granted.
(b) Vehicles intended for construction and material handling or used
solely off the road are not usually registered as motor vehicles.
Installation commanders may require registration of off-road vehicles
and bicycles under a separate local system.
(c) Commanders can grant limited temporary registration for up to 45
days, pending permanent registration, or in other circumstances for
longer terms.
(d) Except for reasons of security, all installations and activities
of the Services and DLA within the United States and its territories
will honor the DD Form 2220 (Department of Defense Registered Vehicle)
issued by other installations or activities.
(e) Visitor identification may be developed and issued locally. (Air
Force, see AFR 125-15.)
(f) Registration of POVs is not required at Army installations;
however, the conditions in Sec. 634.20 must be met to gain the privilege
of operating a POV on an Army installation.
(1) For those installations not registering vehicles, failure to
comply
[[Page 46]]
with conditions in Sec. 634.20 will be detected through traffic
enforcement actions. Failure of an owner to comply with these conditions
may result in administrative suspension or revocation of his or her
installation driving privileges (Sec. 634.10).
(2) Installation commanders are authorized to use the Vehicle
Registration System (VRS) of the Military Police Management Information
System (MPMIS). VRS is a Standard Army Management Information System
(STAMIS). For installations using VRS, the maximum number of monthly
computer runs will not exceed 15 in peacetime and 4 in wartime.
(3) When fielded, VRS-2, a redesigned system, will be employed by
all installations using an automated vehicle registration program.
Sec. 634.20 Registration requirements.
Systems for registration of POVs on military installations within
the United States or its territories and in overseas areas will include
the requirements specified below (Registration in overseas commands may
be modified in accordance with international agreements or military
necessity.)
(a) Possession of a valid State, overseas command, host nation, or
international driver's license (as applicable), supported by DD Form 2
(U.S. Armed Forces Retired Identification Card), or other appropriate
identification for DOD civilians.
(b) Possession of a certificate of State registration as required by
the state in which the vehicle is registered.
(c) Continuing compliance with the minimum requirements of the
automobile insurance laws or regulations of the State or host nation. In
overseas commands where host nation laws do not require minimum personal
injury and property damage liability insurance, the major overseas
commander may set reasonable liability insurance requirements for
registration and operation of POVs within the confines of military
installations and areas. Prior to implementation, insurance requirements
in host nations should be formally coordinated with the appropriate host
nation agency.
(d) Satisfactory completion of safety and mechanical vehicle
inspection by State or jurisdiction in which the vehicle is licensed or
located. If neither State nor local jurisdiction requires a periodic
safety inspection, installation commanders may require and conduct an
annual POV safety inspection; however, inspection facilities must be
reasonably accessible to those requiring use. Inspections will meet
minimum standards established by the National Highway Traffic Safety
Administration (NHTSA) in Secs. 570.1 through 570.10, part 570, chapter
V, title 49, Code of Federal Regulations (CFR). Lights, turn signals,
brake lights, horn, and wipers should be included in the inspection.
(e) Vehicles with elevated rear ends are unsafe and will be denied
registration on Army, DLA, and Marine Corps installations. The CFR
(Sec. 570.8 (Suspension Systems), part 570, chapter V, title 49) states
that springs should not be extended above the vehicle manufacturer's
design height.
Sec. 634.21 Specifications for DD Form 2220.
(a) Use. DD Form 2220 will be used to register POVs on Army, Navy,
Air Force, Marine Corps, and DLA installations or facilities. The form
is produced in single copy for placement on the front of the vehicle
only.
(1) Each Service and DLA will procure its own forms and installation
and expiration tabs. For the Army, the basic decal may be ordered
through publications channels. Army installations must procure their own
installation and expiration tabs using installation funds.
(2) DD Form 2220 and installation and expiration tabs will be
removed from POVs when the registration expires or is terminated.
(3) The normal expiration term for registration on Army
installations will be 4 years.
(b) Specifications. (1) DD Form 2220 will consist of international
blue borders and printing on a white background. Printer information
will include the following:
(i) Form title (Department of Defense Registered Vehicle).
(ii) Alphanumeric individual form identification number.
(iii) DOD seal.
[[Page 47]]
(2) Name of the installation will be specified on a separate tab
abutting the decal. Each Service or DLA may choose optional color codes
of the registrant. Army installations having vehicle registration
programs will use the following standard color scheme for the
installation tab:
(i) Blue-officers.
(ii) Red-enlisted.
(iii) Green-DA civilian employees (including NAF employees).
(iv) Black-Contractor personnel and other civilians employed on the
installation.
(3) An expiration tab identifying the month and year (``6-97'') or
simply the year (``97'') will be abutted to the decal. For
identification purposes, the date of expiration will be shown in bold
block numbers on a lighter contrasting background such as traffic
yellow, lime, or orange.
(4) The decal, installation tab, and expiration tab will be theft
resistant when applied to glass, metal, painted, or rubberized surfaces
after full adhesion had developed and will be manufactured to ``tear''
or ``self destruct'' when any attempt to remove it is made with a sharp
instrument or chemical.
(5) On Army installations, a single decal with tabs will be
prominently affixed to the front windshield or bumper of registered
vehicles. Local policy will specify the exact placement. Some States
prohibit or restrict placement of decals on windshields. In such cases,
State law will be complied with.
Sec. 634.22 Termination or denial of registration.
Installation commanders or their designated representatives will
terminate POV registration or deny initial registration under the
following conditions (decal and tabs will be removed from the vehicle
when registration is terminated):
(a) The owner fails to comply with the registration requirements.
(See Sec. 634.20)
(b) The owner sells or disposes of the POV, is released from active
duty, is separated from the Service, is transferred to a new duty
station, or terminates civilian employment with a military Service or
DOD agency.
(c) The owner is other than an active duty military or civilian
employee and discontinues regular operation of the POV on the
installation.
(d) The owner's State, overseas command, or host nation driver's
license has been suspended or revoked, or the installation driving
privilege has been revoked. Where vehicle registration is terminated in
conjunction with the revocation of installation driving privileges, the
affected person must apply to re-register the POV after the revocation
expires. Registration should not be terminated if other family members
having installation driving privileges require use of the vehicle.
Sec. 634.23 Specified consent to impoundment.
Personnel registering POVs on Service or DLA installations must
consent to the impoundment policy. POV registration forms will contain
or have appended to them a certificate with the following statement:
I am aware that (insert number and title of separate Service or DLA
directive) and the installation traffic code provide for the removal and
temporary impoundment of privately owned motor vehicles that are either
parked illegally for unreasonable periods, interfering with military
operations, creating a safety hazard, disabled by incident, left
unattended in a restricted or controlled area, or abandoned. I agree to
reimburse the United States for the cost of towing and storage should my
motor vehicle(s), because of such circumstances, be removed and
impounded.
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.
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.
[[Page 59]]
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
[[Page 60]]
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
[[Page 61]]
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.
Subpart F--Impounding Privately Owned Vehicles
Sec. 634.49 General.
This chapter provides the standards and procedures for law
enforcement personnel when towing, inventorying, searching, impounding,
and disposing of POVs. This policy is based on:
(a) The interests of the Services and DLA in crime prevention,
traffic safety, and the orderly flow of vehicle traffic movement.
(b) The vehicle owner's constitutional rights to due process,
freedom from unreasonable search and seizure, and freedom from
deprivation of private property.
[[Page 62]]
Sec. 634.50 Standards for impoundment.
(a) POVs should not be impounded unless the vehicles 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.
(b) The impoundment of a POV would be inappropriate when reasonable
alternatives to impoundment exist.
(1) Attempts should be made to locate the owner of the POV and have
the vehicle removed.
(2) The vehicle may be moved a short distance to a legal parking
area and temporarily secured until the owner is found.
(3) Another responsible person may be allowed to drive or tow the
POV 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 law enforcement
personnel are not responsible for safeguarding the POV.
(c) Impounding of POVs is justified when any of the following
conditions exist:
(1) The POV is illegally parked--
(i) On a street or bridge, in a tunnel, or is double parked, and
interferes with the orderly flow of traffic.
(ii) On a sidewalk, within an intersection, on a cross-walk, on a
railroad track, in a fire lane, or is blocking a driveway, so that the
vehicle interferes with 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.
(iii) When blocking an emergency exit door or any public place
(installation theater, club, dining hall, hospital, and other facility).
(iv) In a ``tow-away'' zone that is so marked with proper signs.
(2) The POV interferes with--
(i) Street cleaning or snow removal operations and attempts to
contact the owner have been unsuccessful.
(ii) Emergency operations during a natural disaster or fire or must
be removed from the disaster area during cleanup operations.
(3) The POV has been used in a crime or contains evidence of
criminal activity.
(4) The owner or person in charge has been apprehended and is unable
or unwilling to arrange for custody or removal.
(5) The POV is mechanically defective and is a menace to others
using the public roadways.
(6) The POV 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.
(7) Law enforcement personnel reasonably believe the vehicle is
abandoned.
Sec. 634.51 Towing and storage.
(a) Impounded POVs may be towed and stored by either the Services
and DLA or a contracted wrecker service depending on availability of
towing services and the local commander's preference.
(b) The installation commander will designate an enclosed area on
the installation that can be secured by lock and key for an impound lot
to be used by the military or civilian wrecker service. An approved
impoundment area belonging to the contracted wrecker service may also be
used provided the area assures adequate accountability and security of
towed vehicles. One set of keys to the enclosed area will be maintained
by the installation law enforcement officer or designated individual.
(c) Temporary impoundment and towing of POVs for violations of the
installation traffic code or involvement in criminal activities will be
accomplished under the direct supervision of law enforcement personnel.
Sec. 634.52 Procedures for impoundment.
(a) Unattended POVs. (1) DD Form 2504 (Abandoned Vehicle Notice)
will be conspicuously placed on POVs considered unattended. This action
will be documented by an entry in the installation law enforcement desk
journal.
(2) The owner will be allowed 3 days from the date the POV is tagged
to remove the vehicle before impoundment action is initiated. If the
vehicle has not been removed after 3 days, it will
[[Page 63]]
be removed by the installation towing service or the contracted wrecker
service. If a contracted wrecker service is used, a DD Form 2505
(Abandoned Vehicle Removal Authorization) will be completed and issued
to the contractor by the installation law enforcement office.
(3) After the vehicle has been removed, the installation law
enforcement officer or the contractor will complete DD Form 2506
(Vehicle Impoundment Report) as a record of the actions taken.
(i) An inventory listing personal property will be done to protect
the owner, law enforcement personnel, the contractor, and the commander.
(ii) 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.
(iii) Personal property must be placed in a secure area for
safekeeping.
(4) 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.
(b) Stolen POVs or vehicles involved in criminal activity. (1) When
the POV is to be held for evidentiary purposes, the vehicle should
remain in the custody of the applicable Service or DLA until law
enforcement purposes are served.
(2) Recovered stolen POVs will be released to the registered owner,
unless held for evidentiary purposes, or to the law enforcement agency
reporting the vehicle stolen, as appropriate.
(3) A POV held on request of other authorities will be retained in
the custody of the applicable Service or DLA until the vehicle can be
released to such authorities.
Sec. 634.53 Search incident to impoundment based on criminal activity.
Search of a POV in conjunction with impoundment based on criminal
activity will likely occur in one of the following general situations:
(a) 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 obtained before searching.
(b) 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
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. (Army, see AR 190-22; and Air Force, see AFP 125-2.)
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
[[Page 65]]
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
[[Page 66]]
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
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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.
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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.
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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.
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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.