[Title 32 CFR A]
[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 636 - MOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS)]
[Subpart A - Fort Stewart, Georgia]
[From the U.S. Government Printing Office]


3242004-07-012002-07-01trueFort Stewart, GeorgiaASubpart ANATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSMOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS)
                    Subpart A--Fort Stewart, Georgia



Sec. 636.1  Responsibilities.

    In addition to the responsibilities described in Sec. 634.4 of this 
subchapter, Unit Commanders will:
    (a) Monitor and control parking of military and privately owned 
vehicles within the unit's area, to include motor pools and assigned 
training areas.
    (b) Establish a program in accordance with 24th Infantry Division 
(Mechanized) and Fort Stewart Regulation 755-2 to identify abandoned 
privately owned vehicles in the unit's area and coordinate with the 
Military Police for impoundment.
    (c) In coordination with the Military Police, identify problem 
drivers in the unit and take appropriate action to improve their driving 
habits.
    (d) Ensure that the contents of this part are explained to all newly 
assigned personnel, including personnel on temporary duty with their 
unit for 10 days or more.
    (e) Identify unit member's vehicles which have obvious safety 
defects (see Sec. 636.33) and take appropriate action to have the defect 
corrected. Commanders who cause a vehicle to be removed from the 
installation without the consent of the owner could be found liable for 
subsequent damage done to the vehicle provided that the damage was the 
result of negligence on the part of the government personnel.
    (f) Identify those individuals required to attend the Defensive 
Driving Course (DDC) or Motorcycle Defensive Driving Course (MDDC) and 
ensure their attendance at the course.



Sec. 636.2  Program objectives.

    In addition to the requirements of Sec. 634.5 of this subchapter:
    (a) The entry of motor vehicles on the Fort Stewart/Hunter Army 
Airfield reservation is permitted by the Commanding General under the 
conditions prescribed by this part. Upon entering the military 
reservation, the driver subjects himself and his vehicle to reasonable 
search. The authority to search vehicles on post is subject to the 
provisions of AR 190-22 and AR 210-10. This part is not applicable to 
vehicle safety inspections and spot checks conducted primarily for 
purposes of safety.
    (b) The Military Police may:
    (1) Inspect any vehicle operated on the reservation for mechanical 
condition.
    (2) Impound, exclude, or remove from the reservation any vehicle 
used as an instrument in a crime, suspected of being stolen, abandoned, 
inoperable, unregistered, or being operated by a person under the 
influence of intoxicants or drugs. No vehicle will be impounded unless 
the impoundment meets the requirements of AR 190-5, paragraph 6-2 (32 
CFR 634.50) and Sec. 636.38 of this subpart. In the event a vehicle is 
impounded as an instrument of crime (particularly in the transport of 
illegal drugs or weapons), coordination will be made with the 
appropriate civilian law enforcement agencies.
    (3) Subsequent to a lawful apprehension, seize for administrative 
forfeiture proceedings all conveyances which are used, or are intended 
to be used to transport, sell or receive, process or conceal illegal 
drugs or drug paraphernalia, or in any way facilitate the foregoing. A 
conveyance is defined as

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any mobile object capable of transporting objects or people (e.g., 
automobile, truck, motorcycle, boat, airplane, etc.).
    (c) The Commander or other persons designated authority by the 
Commander may suspend or revoke the installation driving privileges of 
any person as authorized by part 634 of this subchapter and this 
section.
    (d) Unit commanders may request temporary suspension of an assigned 
member's installation driving privilege for cause (e.g., continued minor 
driving infractions, numerous parking violations, etc.). Such requests 
will be submitted in writing to the Commander, 24th Infantry Division 
(Mechanized) and Fort Stewart, ATTN: AFZP-PM, Fort Stewart, Georgia 
31314-5000. Reasons for such requests will be explained. Unit commanders 
retain the authority to suspend a soldier's military vehicle driving 
privileges in accordance with AR 385-55.



Sec. 636.3  Suspension or revocation of driving privileges.

    In addition to the requirements of Sec. 634.10 of this subchapter:
    (a) Administrative suspension or revocation of installation driving 
privileges applies to the operation of a motor vehicle on Fort Stewart/
Hunter Army Airfield.
    (b) Installation driving privileges will be suspended for up to 6 
months for drivers who accumulate 12 traffic points within 12 
consecutive months, or 18 traffic points within 24 consecutive months.
    (c) The Garrison Commander and Deputy Garrison Commander are 
designated as suspension/revocation authorities for:
    (1) Suspension of driving privileges should the evidence indicate 
that a charge of driving under the influence is warranted or;
    (2) The suspension/revocation for accumulation of 12 traffic points 
within 12 months or 18 points within 24 consecutive months.



Sec. 636.4  Administrative due process for suspensions and revocations.

    In addition to the requirements of Sec. 634.11(a) of this 
subchapter:
    (a) The Provost Marshal or his designee will provide the written 
notice of pending action and offer of an administrative hearing using 
AFZP Form Letter 316, Suspension of Installation Driving Privileges.
    (b) The Garrison Commander and Deputy Garrison Commander are 
designated as reviewing authorities to conduct administrative hearings.
    (c) Individuals who desire an administrative hearing to review a 
decision to impose immediate suspension, or to appeal the decision of 
the administrative hearing officer, will adhere to the following 
procedures. A request for an administrative hearing will be forwarded 
through their supervisory chain of command. Requests from family members 
or non-employee civilians can be forwarded to the Provost Marshal's 
Administrative Section at Fort Stewart or Hunter Army Airfield and can 
either be delivered or post marked within ten days of notification of 
the suspension action.
    (d) Individuals who were initially charged with driving under the 
influence (DUI) based in part on a blood alcohol content (BAC) test 
which has not subsequently been invalidated and who are found not guilty 
of DUI may request a hearing to determine if their driving privileges 
should be restored. Such requests shall be forwarded through their chain 
of command to arrive at the Provost Marshal's Office (AFZP-PMA for Fort 
Stewart or AFZP-PM-H for Hunter Army Airfield) not later than ten 
working days after the date of court action.



Sec. 636.5  Army administrative actions against intoxicated drivers.

    For this installation, in violation of State law referenced in 
Sec. 634.12(a)(3) of this subchapter, means a blood alcohol content of 
0.10 percent or higher as set forth in Official Code of Georgia 
Annotated 40-6-392(b)(3).



Sec. 636.6  Remedial driver training program.

    For this installation remedial driving training program referenced 
in Sec. 634.12(b) of this subchapter is operated by the Installation 
Safety Office. Driving privileges may be withheld beyond expiration of 
the sanction to complete

[[Page 74]]

remedial driving or alcohol and drug rehabilitation programs in 
accordance with AR 190-5, paragraphs 2-12c and d, and 5-4f (32 CFR 
634.17(c) and (d) and 634.17(f)).



Sec. 636.7  Extensions of suspensions and revocations.

    In addition to the requirements in Sec. 634.17(a) of this 
subchapter, for each subsequent violation of the suspension period, an 
additional five years will be added to the suspension period for this 
installation (see Table 634.46 in Sec. 634.46 of this subchapter).



Sec. 636.8  Registration policy.

    In addition to the requirements of Sec. 634.19(a) of this 
subchapter, motor vehicles which are owned and/or operated by a person 
who resides, performs duty, is employed on, or ``frequently uses'' the 
facilities of Hunter Army Airfield will be registered in accordance with 
the requirements of Sec. 634.20 of this subchapter. Frequent users 
include but are not limited to family members, retirees, and civilians 
whose normal route of travel between home and work takes them through 
the installation.



Sec. 636.9  Registration requirement.

    In addition to the requirements of Sec. 634.20 of this subchapter:
    (a) The Military Police will cite violators on DD Form 1408 (Warning 
Citation) for observed safety defects. On a periodic basis, Military 
Police will conduct vehicle safety inspection operations using the 
criteria in Sec. 636.33.
    (b) An individual possessing a valid USAREUR privately owned vehicle 
(POV) license may operate a motor vehicle in the State of Georgia for a 
period not to exceed 30 days. After the 30 day period the individual 
must obtain a valid license from the State of Georgia or another state 
to operate a motor vehicle in the State of Georgia.
    (c) An individual returning a vehicle to Continental United States 
(CONUS) has 30 days from date of entry or 10 days after reporting for 
military duty to register that vehicle in the State of Georgia or 
another state. A temporary pass will be issued until this requirement 
has been met.
    (d) Liability and no-fault insurance requirements. (1) All personnel 
operating vehicles on Fort Stewart/Hunter Army Airfield will obtain and 
maintain, at least, the minimum amount of liability and no-fault 
insurance required by the State of Georgia. The amounts are as follows:
    (i) Liability:
    (A) $15,000.00 per person per accident for bodily injury.
    (B) $30,000.00 per incident for bodily injury.
    (C) $10,000.00 per accident for property damage.
    (ii) No-Fault--$5,000.00.
    (2) Proof of this insurance will be required at the time of 
registration.
    (e) Vehicle safety inspections are not required in the State of 
Georgia, however, vehicles operated on Fort Stewart/Hunter Army Airfield 
must be in safe operating condition and be able to pass spot vehicle 
safety equipment checks conducted by the Military Police. Safety 
criteria is set forth in Sec. 636.33 of this subpart.



Sec. 636.10  Hunter Army Airfield vehicle registration.

    Personnel assigned or employed at Hunter Army Airfield are required 
to register their privately owned vehicles within five days after 
arrival to the installation. Requirements for registration are listed in 
AR 190-5 and this part.
    (a) Temporary passes may be issued to personnel not assigned to the 
installation but requiring temporary access to the installation. These 
include personnel employed by construction and material handling 
vehicles requiring on post access. Personnel requesting temporary passes 
must meet the same requirements as do personnel requiring decals.
    (1) Temporary passes will not exceed 45 days. Renewal of temporary 
passes is prohibited except upon approval of the Installation Commander 
or his/her designee.
    (2) Temporary passes will be conspicuously placed on the left side 
of the vehicle dashboard between the dashboard and the front windshield. 
Nothing will be placed so as to obscure the view of the temporary pass 
from the exterior of the vehicle. The pass will

[[Page 75]]

remain in this position during the entire time the vehicle is on the 
installation. Failure to conspicuously display the temporary pass could 
result in the vehicle being removed from the installation.
    (3) Temporary passes will remain with the vehicle for which they 
were issued and not be transferred to other vehicles.
    (4) Each person driving a vehicle on the installation must 
individually meet the drivers license requirement of the installation as 
well as sign the temporary pass.
    (5) Temporary passes will be returned to the Vehicle Registration 
section when they have expired or area no longer needed.
    (b) Decals are to be issued to all military and civilian employees 
of Hunter Army Airfield, military retirees, and contractors/vendors 
doing extended business on the installations. Requirements outlined in 
AR 190-5 (32 CFR part 634) and this part must be met before decals are 
issued.
    (c) Personnel requiring permanent decals, who do not meet the 
requirements outlined in AR 190-5 (32 CFR part 634) and this part, will 
be issued temporary passes not to exceed 45 days. Registration 
requirements will be met as soon as possible after issuance of the 
temporary pass. A decal may then be issued.
    (d) DOD decals (DD Form 2220) will be utilized for vehicle 
registration. Additional installation name and expiration month and year 
decals will be utilized with sizes and coloration as prescribed in AR 
190-5 (32 CFR part 634).
    (e) Decals will be permanently affixed to the vehicles for which 
they are registered in one of two places:
    (1) Exterior, front windshield lower left corner.
    (2) Front, left bumper of the vehicle, conspicuously displayed. 
Decals will not be affixed to the front spoilers or any other area which 
obscures the viewing of the decal.
    (3) Installation decals will be placed directly beneath and centered 
on the DOD decal. Expiration decals will be placed on each side and 
level with the DOD decal with the month on the left and the year on the 
right.
    (4) Decals will not be affixed to any other portion of the vehicle 
other than listed in Sec. 636.10(e) (1) through (3).



Sec. 636.11  Installation traffic codes

    In addition to the requirements in Sec. 634.25(d) of this 
subchapter, on-post violations offenders will be cited under the 
appropriate Georgia Traffic Code as assimilated by 18 U.S.C. 13 (for 
civilians) and Art 134c, Uniform Code of Military Justice (UCMJ) (for 
military). If no Georgia Code is appropriate for a specific offense, 
civilians will be cited under 40 U.S.C. 318a and military personnel will 
be cited under Art 92, UCMJ. The Fort Stewart/Hunter Army Airfield 
installation traffic code conforms to the State of Georgia Traffic Law.



Sec. 636.12  Traffic accident investigation.

    In addition to the requirements in Sec. 634.28 of this subchapter, 
Military Police at Fort Stewart/Hunter Army Airfield installation will 
investigate reportable motor vehicle accidents involving government 
owned or privately owned vehicles.



Sec. 636.13  Traffic accident investigation reports.

    In addition to the requirements in Sec. 634.29 of this subchapter:
    (a) Military Police at Fort Stewart/Hunter Army Airfield 
installations will record traffic accident investigations on DA Form 
3946 (Military Police Traffic Accident Report) and DA Form 3975 
(Military Police Report).
    (b) All privately owned motor vehicle accidents on Fort Stewart or 
Hunter Army Airfield will be immediately reported to the Military Police 
for investigation. Unless an emergency situation exists, vehicle(s) 
involved in an accident will only be moved on order of the Military 
Police.



Sec. 636.14  Parking.

    In addition to the requirements in Sec. 634.31 of this subchapter:
    (a) Military Police will enforce parking in handicapped and 
Commanding General reserved parking spaces at Fort Stewart/Hunter Army 
Airfield soldier service facilities and assess points in accordance with 
Table 634.46 in Sec. 634.46 of this subchapter and Table

[[Page 76]]

636.19 in Sec. 636.19. Vehicles may be towed for such violations as 
parking in handicapped parking spaces and parking on a yellow curb among 
others.
    (b) Reserved parking spaces in areas under the control of units or 
staff sections may be designated by the commander or staff section chief 
who is also responsible to control the use of these spaces.
    (c) Parking spaces for tactical vehicles at the Main Exchange/
Commissary area will be designated at the end of rows, farthest from the 
facilities. Only those vehicles properly authorized by unit commanders 
will be parked at the Main Exchange/Commissary area.



Sec. 636.15  Traffic violation reports.

    In addition to the requirements in Sec. 634.32 of this subchapter:
    (a) The Provost Marshal in coordination with the Staff Judge 
Advocate will determine what traffic offenses will be referred to the 
U.S. Magistrate Court by means of DD Form 1805.
    (b) Of the four available actions on the back of the DD Form 1408, 
supervisors of civilian employees may take one of the following two 
actions.
    (c) No action taken: A finding of not guilty. There must be an 
explanation of the reason for no action taken.
    (d) Administration: A finding of guilty. This includes, but is not 
limited to, such actions as a written warning, letter of reprimand, or 
suspension. Supervisors should coordinate with CPO, MER branch before 
taking adverse action.
    (e) Reports of Commander's action taken will be forwarded to the 
Provost Marshal Office through the appropriate major subordinate 
commander.



Sec. 636.16  Detection, apprehension, and testing of intoxicated drivers.

    In addition to the requirements in Sec. 634.36 of this subchapter, 
the standard field sobriety test used by the Military Police may include 
the following tests:
    (a) Horizontal gaze nystagmus.
    (b) Walk and turn.
    (c) One leg stand.



Sec. 636.17  Compliance with State laws.

    In addition to the requirements of Sec. 634.42 of this subchapter, 
the Provost Marshal will conduct necessary coordination with civil 
enforcement agencies to ensure receipt of information and assistance as 
required. The Directorate of Logistics will secure any necessary permits 
for military movement on public roads and highways.



Sec. 636.18  Driving records.

    In addition to the requirements in Sec. 634.44 of this subchapter, 
the Provost Marshal Office will maintain driver records.



Sec. 636.19  Point system application.

                              Table 636.19
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Violation: Parking in a handicap zone
Points assessed: 3
Violation: Parking against a yellow curb
Points assessed: 3
Violation: Parking within 10 feet of a fire hydrant
Points assessed: 3
Violation: Impeding the flow of traffic
Points assessed: 3
Violation: Other parking violations
Points assessed: 2
------------------------------------------------------------------------



Sec. 636.20  Point system procedures.

    In addition to the requirements of Sec. 634.47 of this subchapter:
    (a) Reports of parking violations recorded on DD Form 1408 or DD 
Form 1805 will serve as a basis for determining point assessment.
    (b) The instructions in paragraph (a) of this section also apply to 
the receipt of a DD Form 1408 (Armed Forces Traffic Ticket) for a 
parking violation.



Sec. 636.21  Obedience to official traffic control devices.

    (a) All drivers will obey the instructions of official signs, unless 
directed to do otherwise by the Military Police.
    (b) Official traffic control devices, such as traffic cones or 
barricades, are presumed to have been placed by proper authority.



Sec. 636.22  Speed regulations.

    (a) Georgia state speed limits apply unless otherwise specified by 
this part.
    (b) Drivers will operate their vehicles at a reasonable and prudent 
speed based on traffic and road conditions, regardless of posted speed 
limits.
    (c) The speed limit on the installation is 30 miles per hour unless 
otherwise posted or if it falls within one of

[[Page 77]]

the special speed limit situations (see paragraph (d) of this section).
    (d) The following special speed limits apply:
    (1) When passing troop formations, 10 miles per hour.
    (2) The authorized speed limit in the school zones is 15 miles per 
hour when any of the following conditions are present:
    (i) A school crossing attendant is present.
    (ii) Children are present in the area.
    (iii) The flashing, yellow, caution lights are in operation.
    (3) Fort Stewart housing areas, 20 miles per hour. Hunter Army 
Airfield housing areas, 15 miles per hour.
    (4) Tactical vehicle drivers will obey posted speed limits; however, 
drivers will not exceed 40 miles per hour on paved roads and 25 miles 
per hour on unpaved roads and tank trails. Commercial Utility Cargo 
Vehicles (CUCV's) are tactical vehicles and will obey the following off-
road driving speeds:

Day Driving:
  Trails, 16 MPH
  Cross County, 6 MPH
Night Driving:
  Trails, 5 MPH (with headlights)
  Cross Country, 5 MPH
Night Driving:
  Trails, 4 MPH (Black-out Drive)
  Cross County, 2.5 MPH
 

    (5) Parking lots, 10 miles per hour.
    (6) The authorized maximum speed limit for rough terrain forklifts 
when operated on hard surface roads will not exceed 15 miles per hour. 
These vehicles will also bear the Triangular Symbol to alert trailing 
vehicles as required by the Occupational Safety and Health 
Administration (OSHA) (29 CFR 1910.145).



Sec. 636.23  Turning movements.

    (a) U-turns are prohibited on all streets in the cantonment area.
    (b) Right-turns will be made from a position as close to the right 
edge or right curb of the roadway as possible.
    (c) Left-turns will be made from a position as close to the center 
line as possible or from a left turn lane, if available.
    (d) All turns will be signaled continuously beginning not less than 
100 feet prior to the turn.



Sec. 636.24  Driving on right side of roadway; use of roadway.

    (a) All drivers will use the right side of roadways, except:
    (1) When passing a vehicle proceeding in the same direction.
    (2) When an obstruction is blocking all or part of the right lane of 
the roadway.
    (3) When driving on a one-way street.
    (b) Drivers proceeding in opposite directions will pass to the 
right, each using one-half of the roadway.
    (c) Drivers passing another vehicle traveling in the same direction 
will exercise the utmost caution and safety and will abide by all 
applicable traffic laws.
    (d) Drivers of vehicles being passed will give way to the right and 
not increase their vehicle's speed.
    (e) Drivers will allow a sufficient distance between their vehicle 
and the vehicle in front to allow a safe stop under all conditions.



Sec. 636.25  Right-of-way.

    (a) When two vehicles enter an intersection from different highways 
at the same time, the driver of the vehicle on the left will yield 
right-of-way. When entering an intersection without traffic control 
devices from a highway which terminates at the intersection, that driver 
will yield right-of-way.
    (b) Drivers turning left within an intersection will yield right-of-
way to vehicles approaching from the opposite direction.
    (c) Drivers approaching a stop sign will stop at the marked stop 
line, if present, or before entering the crosswalk, if present, or at a 
point nearest the intersecting roadway where the driver will yield the 
right-of-way, if required.
    (d) Drivers approaching yield signs will slow down to a speed not 
exceeding 10 miles per hour and yield the right-of-way to any 
approaching vehicles, coming to a stop if necessary.
    (e) Drivers entering or crossing a roadway from any place other than 
another roadway will yield the right-of-way to vehicles on the roadway.
    (f) Upon the immediate approach of an authorized emergency vehicle 
identified as such, all drivers will yield the right-of-way to the 
emergency vehicle.

[[Page 78]]



Sec. 636.26  Pedestrian's rights and duties.

    (a) Pedestrians will obey all traffic control devices and 
regulations, unless directed to do otherwise by the Military Police.
    (b) When traffic-control signals are not in place or not in 
operation, the driver of a vehicle will yield the right of way, by 
slowing down or stopping, when a pedestrian is in a crosswalk on the 
same side of the road as the driver's vehicle, or when the pedestrian is 
approaching so closely from the opposite half of the roadway as to be in 
danger.
    (c) Pedestrians will not suddenly leave a curb or other place of 
safety and walk or run into the path of a vehicle which is so close to 
the crosswalk that it is impractical for the driver to stop.
    (d) Pedestrians crossing a roadway, at a point other than a 
crosswalk, will yield the right-of-way.
    (e) Pedestrians will not cross any intersection diagonally unless 
clearly authorized to do so.
    (f) Every driver will exercise due care to avoid colliding with any 
pedestrian upon any roadway and will exercise proper precaution upon 
observing any child or any obviously confused, incapacitated, or 
intoxicated person.
    (g) A person who is under the influence of intoxicating liquor or 
any drug to a degree which renders himself a hazard will not walk upon 
any roadway.
    (h) Pedestrians will use sidewalks, where provided, rather than 
walking upon the roadway. When sidewalks are not provided, pedestrians 
will walk the shoulder of the roadway as far from the edge of the 
roadway as possible. When neither sidewalks nor a shoulder are 
available, pedestrians will walk on the extreme edge of the roadway, 
facing traffic, and will yield to all oncoming traffic.
    (i) Individuals will not stand in or beside the roadway to solicit 
rides (hitch-hike).
    (j) Individuals will not stand in or beside the roadway to solicit 
business, employment, or contributions from the occupant of any vehicle.
    (k) Pedestrians will yield to all authorized emergency vehicles 
using an audible signal and/or a visual signal.
    (l) The wearing of headphones or earphones by pedestrians or joggers 
while walking or jogging on roadways or on the shoulders of roadways is 
prohibited.



Sec. 636.27  Regulations for bicycles.

    (a) Parents will not knowingly allow their children to violate any 
of the provisions of this section.
    (b) Traffic laws and regulations in this part apply to persons 
riding bicycles. Bicycle riders are granted all the rights and are 
subject to all duties of motorized vehicle operators, except those which 
logically do not apply.
    (c) Bicycles will be parked against the curb or in a rack, provided 
for that purpose, and will be secured.
    (d) Bicycle riders will not attach the bicycle or themselves to any 
motorized vehicle operating upon the roadway.
    (e) Bicycles will be ridden upon the roadway in single-file.
    (f) Bicycles operated between dusk and dawn will utilize a headlight 
visible for a minimum of 300 feet and a rear reflector or red light 
visible for 300 feet to the rear.
    (g) Bicycles will not be ridden without an operable brake system.
    (h) Bicycles will not be ridden if the pedal, in its lowermost 
position, is more than 12 inches above the ground.
    (i) If a bicycle/pedestrian path or sidewalk is present, bicyclists 
will use the patch or sidewalk instead of the roadway.
    (j) Certain roadways have been designated and marked as being off-
limits to bicyclists. Bicyclists will use an alternate roadway or a 
bicycle path rather than those roadways.



Sec. 636.28  Special rules for motorcycles/mopeds.

    (a) Traffic laws and regulations in this part apply to persons 
riding motorcycles/mopeds. Motorcyle/moped operators are granted all the 
rights and are subject to all duties of motor vehicle operators, except 
those which logically do not apply.
    (b) Motorcycles/moped operators will ride only while seated facing 
forward with one leg on either side of the vehicle on the permanent and 
regular seat of the vehicle. Passengers will not be carried unless the 
vehicle is designed

[[Page 79]]

to carry a passenger. Passengers will only be carried in a manner which 
neither interferes with the operation of the vehicle nor obstructs the 
operator's view. Operators will keep both hands on the vehicle's 
handlebars.
    (c) Motorcycle/moped operators are entitled to the use of a full 
lane of traffic. Motorcycle/moped operators will not pass another 
vehicle using the same lane as the overtaken vehicle. Motorcycles/mopeds 
will not be operated between lanes of traffic or between adjacent lines 
or rows of vehicles.
    (d) Motorcycles/moped headlights and tail lights will be illuminated 
at anytime the vehicle is being operated.
    (e) Motorcycle/moped operators will not attach their vehicle or 
themselves to any other motorized vehicle operating upon the roadway.
    (f) Footrests will be provided for passengers. Motorcycles/mopeds 
will not be operated with handlebars more than 15 inches above the seat 
which the operator occupies. No back rest attached to the motorcycle/
moped will have a sharp point at its apex.
    (g) All motorcycle/moped operators/passengers will comply with the 
following safety requirements:
    (1) Wear the following protective equipment:
    (i) Properly fastened (under the chin) DOT approved helmet.
    (ii) Eye protection (clear goggles or a face shield attached to the 
helmet).
    (iii) Full-fingered gloves.
    (iv) Long trousers.
    (v) Long-sleeved shirt or jacket (with sleeves rolled down).
    (vi) Leather boots or over-the-ankle shoes.
    (vii) High-visibility garments (bright color for day and retro-
reflective for night).
    (2) Motorcycle/moped headlights will be turned on at all times.
    (3) Motorcycle/moped must have two rear-view mirrors (one mirror on 
each side of the handlebars).
    (4) Use of headphones or earphones while driving is prohibited.
    (h) Military personnel, civilian employees, and family member 
drivers of a privately or government-owned motorcycle/moped (two or 
three wheeled motor driven vehicles) are required to attend and complete 
an approved Motorcycle Defense Driving Course (MDDC) prior to operation 
of the motorcycle/moped on the installation. Upon completion of the 
course, personnel will be provided with a MDDC card. Personnel are 
authorized to operate their motorcycle/moped on the installation for the 
purpose of attending the motorcycle safety course. Attendance may be 
verified by contacting the Installation Safety Office.



Sec. 636.29  Go-carts, minibikes, and all terrain vehicles (ATV's).

    (a) Operators of ``go-carts,'' ``minibikes,'' and ATV's 16 years of 
age or older, must comply with applicable Georgia State Law and Fort 
Stewart traffic laws and regulations contained in this part.
    (b) ``Go-carts,'' ``minibikes,'' and ATV's operated on installation 
roadways are required to meet the requirements of this part and the 
Georgia Traffic Code.
    (c) Off-road vehicles will only be operated in areas specified by 
the DPCA. The DPCA will specify conditions for off-road operation.
    (d) ``Go-carts,'' ``minibikes,'' and ATV's will only be operated 
during daylight hours and will not be operated during periods of 
inclement weather or reduced visibility.
    (e) Operators and passengers of ``go-carts,'' ``minibikes,'' and 
ATV's must wear approved protective helmets, eye protection, and 
footwear (open-toed footwear is prohibited).
    (f) Soldiers or sponsors of persons operating ``go-carts,'' 
``minibikes,'' and ATV's are responsible for the safe operation of the 
vehicle.



Sec. 636.30  Stopping, standing and parking.

    (a) Drivers will not stop, park, or leave standing their vehicle, 
whether attended or unattended, upon the roadway when it is possible to 
stop, park or leave their vehicle off the roadway. In any case, parking 
or standing the vehicle upon the roadway will only be done in an 
emergency.
    (b) Vehicles, not clearly identified as operated by a handicapped 
individual, will not be parked in a handicapped parking space.

[[Page 80]]

    (c) Whenever Military Police find a vehicle parked or stopped in 
violation of this section, they may immediately move, or cause to be 
moved, the vehicle off the roadway. At the direction of the Provost 
Marshall, or his designee, vehicles parked in restricted or reserved 
parking spaces, may be moved.
    (d) The Military Police may remove or cause to be removed, to a safe 
place, any unattended vehicle illegally left standing upon any highway 
or bridge or within 10 feet of any railroad track on the installation.
    (e) As a crime prevention measure, the Military Police may pick up 
keys left in vehicles, secure the vehicle in place, and post a notice 
directing the owner to proceed to the MP station to claim his/her keys. 
The program will be adequately publicized and will only be invoked after 
a conscientious attempt to locate the owner.
    (f) No driver will stop, stand, or park a vehicle:
    (1) On the roadway side of any vehicle stopped or parked at the edge 
of a curb or a street.
    (2) On a sidewalk.
    (3) Within an intersection.
    (4) On a crosswalk.
    (5) Alongside or opposite any street excavation or obstruction when 
traffic would be obstructed.
    (6) Upon a bridge or other elevated structure.
    (7) On any railroad tracks or within 10 feet of any rail road track.
    (8) On any controlled-access highway.
    (9) Where prohibited by official signs.
    (10) Alongside any roadway in any manner which obstructs traffic.
    (g) No driver will stand or park a vehicle, whether occupied or not, 
except momentarily to pick up or discharge a passenger or passengers:
    (1) In front of a public or private driveway.
    (2) Within 10 feet of a fire hydrant.
    (3) Within 20 feet of a crosswalk at an intersection.
    (4) Within 20 feet upon the approach to any flashing signal, a stop 
sign, yield sign, or traffic control signal located at the side of a 
roadway.
    (5) Within 20 feet of a driveway entrance to any fire station and on 
the side of a street opposite the entrance to any fire station within 75 
feet of said entrance (when properly sign posted).
    (6) At any place where official signs prohibit standing.
    (7) Adjacent to any curb painted yellow or identified, by signs, as 
a ``No Parking'' area.
    (8) Along a roadway against the flow of traffic.
    (9) Within 20 feet of any building in what would reasonably be 
considered a ``fire-lane'' unless specified as a parking space.
    (10) Parallel parking along the curb is authorized in housing areas 
unless otherwise posted.
    (11) Parking is prohibited upon lawns or grassed (seeded) areas, 
unless specifically authorized by the Provost Marshal. This prohibition 
is not intended, however, to extend to those locations designated as 
bivouac sites, range areas, etc.
    (12) No dual-wheeled or tandem-wheeled recreational vehicles and 
trailers will be stored at government quarters. All other recreational 
vehicles, to include campers, trailers, boats, pop-up campers, and 
camper shells may be parked in the driveway area or under the carport of 
individual quarters. To prevent injury to children playing on and around 
trailers, one tire on each side of the trailer will be chocked in front 
and back. Trailer tongues, without installed supports, will either be 
left on the ground or supported in such a manner as to preclude the 
support tipping over and allowing the trailer tongue to fall. If the 
vehicle creates a safety hazard or is an eyesore, personnel are 
encouraged to use the storage facilities available at the Outdoor 
Recreation Center, Holbrook Pond, Fort Stewart, or at the Private 
Vehicle Storage area at Hunter Army Airfield. House trailers are not 
authorized to be parked in the quarters area. Campers, camper trailers, 
and tents will not be approved for occupancy in the quarters area. 
Parking of recreational vehicles on the street will be limited to 24 
hours for owners to load and unload the vehicle at the owner's quarters.
    (h) No driver will use a parking lot, sidewalk, fire lane, or vacant 
property to drive on in order to avoid a traffic control device or alter 
the traffic flow plan unless authorized to do so by the

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Military Police or a traffic control device.



Sec. 636.31  Abandoned vehicles.

    (a) Any MP or DOD police officer who finds or has knowledge of a 
motor vehicle which has been left unattended or abandoned on a street, 
road, highway, parking lot, or any other real property of the 
installation for a period of at least 72 hours may be authorized by the 
Provost Marshal or his designee to cause said motor vehicle to be moved 
to an impoundment lot for storage.
    (b) Any MP or DOD police officer who, under the provisions of this 
section, causes any motor vehicle to be moved to an impoundment lot or 
other temporary place of safety is acting with proper authority and 
within the scope of that officer's employment, except that any wanton or 
intentional damage done to any motor vehicle by any MP or DOD police 
officer should not be within the scope of either that officer's 
authority or employment.
    (c) Unit commanders, with knowledge of an abandoned vehicle in their 
unit area, should attempt to identify the owner and have them remove the 
vehicle. When owners cannot be identified or are no longer assigned to 
this command, unit commanders will notify the MP's to initiate 
impoundment procedures.
    (d) Civilian vehicles left abandoned on the reservation will be 
towed to an impoundment lot for further disposition.
    (e) Personnel experiencing motor vehicle trouble may authorize the 
MP desk to obtain the assistance of a civilian wrecker, but in doing so, 
the government assumes no liability of payment for such services or 
possible resulting damage.



Sec. 636.32  Miscellaneous instructions.

    (a) All unattended motor vehicles will have the engine stopped and 
the ignition locked.
    (b) Vehicles will not be operated when so loaded with passengers 
and/or goods that the driver's view is blocked or control over the 
driving mechanism is interfered with.
    (c) Drivers, other than on official business, will not follow any 
emergency vehicle, operating under emergency conditions, closer than 500 
feet or park closer than 500 feet to any emergency vehicle stopped for 
an emergency.
    (d) No vehicle will be driven over a fire hose unless directed to do 
so by a fire official, or the Military Police.
    (e) Ground guides will be posted, during backing, at the left rear 
of any \3/4\ ton or larger vehicle.
    (f) All vehicles carrying a load will have the load secured and/or 
covered to prevent the load from blowing or bouncing off the vehicle.
    (g) A red flag or red light, visible for at least 100 feet from the 
rear will be attached to any load protruding beyond the rear of any 
vehicle.
    (h) Troop marches, physical training runs, etc., will not be 
conducted in a manner that will interfere with motor vehicle traffic on 
the Fort Stewart/Hunter Army Airfield reservation.
    (1) Units participating in parades and related practices, road 
marches, etc., will not conduct such marches upon any hard surface road 
or traffic way unless coordination has been made with the Provost 
Marshal Office.
    (2) Physical training runs, exercises, or tests will not be 
conducted upon any hard surface road or traffic way unless such is 
specifically allowed in 24th Infantry Division (Mechanized) and Fort 
Stewart Regulation 350-1.
    (i) Congested housing areas on the installation require special 
precaution on the part of drivers and persons living in those areas.
    (1) Parents can assist drivers in this regard by reminding their 
children that housing area streets are extremely dangerous and that 
playing in the street is prohibited.
    (2) Bus stops are sites particularly prone to large numbers of 
children playing immediately adjacent to or actually in the roadway 
while awaiting arrival of the school bus.
    (3) Complaints received by the MP desk, concerning children playing 
in the streets, must be investigated in the interest of safety. Repeated 
violations could result in further action by the chain of command.
    (j) Vehicles and/or trailers will not be towed with a chain or rope 
(vehicles may be towed by another privately

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owned vehicle by use of a rigid tow bar).
    (k) At entrances to Fort Stewart/Hunter Army Airfield where a gate 
guard is positioned, drivers are required to obey his/her instructions. 
During hours of darkness, headlights will be switched to parking lights 
upon approach to the gate.
    (l) Motorists will drive with headlights illuminated at any time 
from a half hour after sunset to a half hour before sunrise and at any 
time when it is raining in the driving zone and at any other time when 
there is not sufficient visibility to render clearly discernible persons 
and vehicles on the highway at a distance of 500 feet ahead.
    (m) Motor vehicles will not be operated if visibility to the front, 
rear, or side is rendered unsafe and improper from fogged or iced-over 
windows.
    (n) Aircraft runways, taxiways, and aprons at Hunter Army Airfield 
and Wright Army Airfield and ``OFF-LIMITS'' to all privately owned 
vehicles.
    (o) Extensive repairs to automobiles will not be undertaken in 
housing areas, parking lots, or other similar areas. Repairs extending 
over a 24 hour period will be considered extensive.
    (p) Tactical vehicles will not be driven in housing areas. Post 
police or vehicles on similar details may drive in the housing areas as 
required.
    (q) Active duty personnel residing on post are encouraged to have 
their privately owned bicycles, ``go-carts,'' and ``minibikes'' 
registered with the Provost Marshal's Office (Registration Branch) in 
conjunction with the Installation Crime Prevention Program.
    (r) All personnel operating a vehicle on Fort Stewart/Hunter Army 
Airfield will have proof of insurance for the vehicle, in the vehicle at 
all times.



Sec. 636.33  Vehicle safety inspection criteria.

    (a) The vehicle safety inspection criteria listed in this paragraph 
(a) are general in nature; specific evaluation techniques for these 
criteria are contained in Georgia Traffic Law.
    (1) Headlights--every vehicle, except motorcycles, will have at 
least two headlights, one on each side of the front of the vehicle, 
capable of illuminating 500 feet to the front. Motorcycles will have one 
headlight.
    (2) Tail Lamps--every vehicle will have at least one red, self-
illuminating lamp, on the rear of the vehicle, visible from 500 feet to 
the rear.
    (3) Registration Plate Lamp--every vehicle will have a lamp designed 
to illuminate the registration plate with white light making the plate 
legible from a distance of 50 feet.
    (4) Rear Reflectors--every vehicle, except motorcycles, will have 
two red reflectors on the rear. Motorcycles will have one red reflector.
    (5) Stop Lamp--every vehicle will have at least one red or yellow 
stop lamp on the rear which will be actuated upon application of the 
foot brake.
    (6) Turn Signals--every vehicle will be equipped with electrical or 
mechanical turn signals capable of indicating any intention to turn 
either to the right or to the left, and visible from the front and rear. 
This requirement does not apply to any motorcycle or motor-driven cycle 
manufactured prior to 1 January 1972.
    (7) Brakes--every vehicle will be equipped with brakes adequate to 
control the movement of and to stop and hold such vehicle.
    (8) Horn--every vehicle will be equipped with an operable horn, 
capable of emitting sound audible for at least 200 feet.
    (9) Muffler--every vehicle will have a muffler in good working order 
and in constant operation.
    (10) Mirror--every vehicle, from which the driver's view is 
obstructed, will be equipped with a mirror reflecting a view of the 
highway for a distance of at least 200 feet to the rear.
    (11) Windows--the view through vehicle windows will not be 
obstructed by any sign, poster, or other nontransparent material. 
Windshields and rear windows will not have starburst or spider webbing 
effect greater than 3 inches by 3 inches. No opaque or solid material 
including, but not limited to cardboard, plastic, or taped glass will be 
employed in lieu of glass.
    (12) Windshield Wipers--every vehicle, except motorcycles, will be 
equipped with operable windshield wipers.

[[Page 83]]

    (13) Tires--every vehicle will be equipped with serviceable rubber 
tires which will have a tread depth of at least two thirty-seconds of an 
inch.
    (14) Suspension Systems--no vehicle will have its rear end elevated 
above the vehicle manufacturer's designated height (49 CFR 570.8).
    (b) The criteria listed in paragraph (a) of this section are not 
necessarily an inclusive list. A vehicle may be deemed unsafe to operate 
when any part of the vehicle is defective and renders the vehicle 
dangerous to others.



Sec. 636.34  Restraint systems.

    (a) Restraint systems (seat belts) will be worn by all operators and 
passengers of U.S. Government vehicles on or off the installations.
    (b) Restraint systems will be worn by all civilian personnel (family 
members, guests, and visitors) driving or riding in a private owned 
vehicle on the Fort Stewart/Hunter Army Airfield installations.
    (c) Restraint systems will be worn by all soldiers and Reserve 
Component members on active Federal service driving or riding in a 
private owned vehicle whether on or off the installations.
    (d) Infant/child restraint devices (car seats) are required in 
private owned vehicles for children 4 years old or under and not 
exceeding 45 pounds in weight.
    (e) Restraint systems are required only in cars manufactured after 
model year 1966.
    (f) The operator of a vehicle is responsible for ensuring the use of 
seat belts, shoulder restraints, and child restraining systems when 
applicable and may be cited for failure to comply (40 U.S.C. 318a).
    (g) Passengers (over the age of 16) are responsible for ensuring 
that their seat belts/shoulder restraints are used when applicable and 
may be cited for failure to comply (40 U.S.C. 318a).



Sec. 636.35  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, or four-wheel vehicle 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.



Sec. 636.36  Alcoholic beverages.

    (a) Consuming alcoholic beverages as an operator or passenger in or 
on U.S. Government or privately owned vehicles is prohibited.
    (b) Consuming alcoholic beverages on any roadway, parking lot, or 
where otherwise posted is prohibited.
    (c) Having open containers of alcoholic beverages in vehicles or 
areas not designated for the consumption of alcohol is prohibited.



Sec. 636.37  Use of ``Denver Boot'' device.

    The ``Denver Boot'' device will be used by Military Police as an 
additional technique to assist in the enforcement of parking violations 
when other reasonably effective but less restrictive means of 
enforcement (such as warnings, ticketing, reprimands, suspensions, or 
revocations of on-post driving privileges) have failed, or 
immobilization of the private owned vehicle is necessary for safety.
    (a) The use of booting devices will be limited to application by the 
Military Police under the following conditions:
    (1) Immobilization of unsafe, uninspected, or unregistered vehicles.
    (2) Immobilization of vehicles involved in criminal activity.
    (3) For repeat offenders of the parking violations outlined in this 
supplement. Three or more parking violations within 6 months constitutes 
grounds to boot the vehicle.
    (4) At the discretion of the Provost Marshal or his designee, on a 
case-by-case basis.
    (b) Booted vehicle will be marked, for driver notification, by 
placing an orange in color notice on the vehicle windshield. The notice 
will contain information on why the vehicle was booted and instructions 
on how to have the booting device properly removed by the Military 
Police (see figure 636.37).

[[Page 84]]



               FIGURE 636.37. DRIVER BOOTING DEVICE NOTICE
1. Your vehicle is illegally parked and has been secured in place by the
 Military Police with a vehicle restraining device. Do not move this
 vehicle until the restraining device is properly removed by the
 Military Police.
2. Any movement, or attempted movement, of this vehicle could result in
 damage to the device and the vehicle. You will be responsible for any
 such damage to the vehicle and/or the restraining device.
3. Any removal, or attempted removal, of the device could result in you
 being charged with a criminal offense.
4. To have this device properly removed by the Military Police, contact
 the following:
 
                   Mon-Fri, 7: a.m.-5: p.m., Bldg 292,
 
                           Phone 767-2848/8659
 
                Non-Duty Hours, Bldg 285, Phone 767-2822
 
                                 Notice
 



Sec. 636.38  Impounding privately owned vehicles (POVs).

    This section provides the standards and procedures for towing, 
inventorying, searching, impounding, and disposing of private owned 
vehicles.
    (a) Implied consent to vehicle impoundment. Any person granted the 
privilege of operating a motor vehicle on the Fort Stewart/Hunter Army 
Airfield installations shall be deemed to have given his or her consent 
for the removal and temporary impoundment of the privately owned vehicle 
when it is parked illegally for unreasonable periods, interfering with 
operations, creating a safety hazard, disabled by accident, left 
unattended in a restricted or controlled area, or abandoned. Such 
vehicles will be towed by a contracted civilian wrecker service and 
placed in that service's storage lot. Such persons further agree to 
reimburse the civilian wrecker service for the cost of towing and 
storage should their vehicle be removed or impounded.
    (b) Standards of impoundment. (1) Privately owned vehicles will not 
be impounded unless they clearly interfere with ongoing operations or 
movement of traffic, threaten public safety or convenience, are involved 
in criminal activity, contain evidence of criminal activity, or are 
stolen or abandoned.
    (2) The impoundment of a privately owned vehicle is inappropriate 
when reasonable alternatives to impoundment exist.
    (i) An attempt will be made to locate the owner of the privately 
owned vehicle and have the vehicle removed.
    (ii) The vehicle may be moved a short distance to a legal parking 
area and temporarily secured until the owner is located.
    (iii) Another responsible person may be allowed to drive or tow the 
privately owned vehicle with permission from the owner, operator, or 
person empowered to control the vehicle. In this case, the owner, 
operator, or person empowered to control the vehicle will be informed 
that the Military Police are not responsible for safeguarding the 
privately owned vehicle.
    (3) Impounding of privately owned vehicle is justified when any of 
the following conditions exist:
    (i) The privately owned vehicle is illegally parked--
    (A) On a street or bridge, or is double parking and interferes with 
the orderly flow of traffic.
    (B) On a sidewalk, within an intersection, or a cross-walk, on a 
railroad track, in a fire lane, or is blocking a driveway, so that the 
vehicle interferes with the operations or creates a safety hazard to 
other roadway users or the general public. An example would be a vehicle 
parked within 15 feet of a fire hydrant or blocking a properly marked 
driveway of a fire station or aircraft-alert crew facility.
    (C) When blocking an emergency exit door of any public place 
(installation theater, club, dining facility, hospital, or other 
facility).
    (D) In a ``tow-away'' zone that is so marked with proper signs.
    (ii) The privately owned vehicle interferes with--
    (A) Street cleaning operations and attempts to contact the owner 
have been unsuccessful.
    (B) Emergency operations during a natural disaster or fire or must 
be removed from the disaster area during cleanup operations.
    (iii) The privately owned vehicle has been used in a crime or 
contains evidence of criminal activity.

[[Page 85]]

    (iv) The owner or person in charge has been apprehended and is 
unable or unwilling to arrange for custody or removal.
    (v) The privately owned vehicle is mechanically defective and is a 
menace to others using the public roadways.
    (vi) The privately owned vehicle is disabled by a traffic incident 
and the operator is either unavailable or physically incapable of having 
the vehicle towed to a place of safety for storage or safekeeping.
    (vii) Military Police reasonably believe the vehicle is abandoned.
    (c) Towing and storage. (1) Impounded privately owned vehicles will 
be towed and stored by a contracted wrecker service.
    (2) An approved impoundment area belonging to the contracted worker 
service will be used for the storage of impounded vehicles. This area 
will assure adequate accountability and security of towed vehicles. One 
set of keys to the enclosed area will be maintained by the Military 
Police.
    (3) Temporary impoundment and towing of privately owned vehicles for 
violations of this supplement or involvement in criminal activities will 
be accomplished under the direct supervision of the Military Police.
    (d) Procedure for impoundment. (1) Unattended privately owned 
vehicles.
    (i) DD Form 2504 (Abandoned Vehicle Notice) will be conspicuously 
placed on privately owned vehicles considered unattended. This action 
will be documented by an entry in the Military Police desk journal.
    (ii) The owner will be allowed three days from the date the 
privately owned vehicle is tagged to remove the vehicle before 
impoundment action is initiated. If the vehicle has not been removed 
after three days, it will be removed by a contracted civilian wrecker 
service. A DD Form 2505 (Abandoned Vehicle Removal Authorization) will 
be completed and issued to the contractor by the Military Police.
    (iii) After the vehicle has been removed, the Military Police will 
complete DD Form 2506 (Vehicle Impoundment Report) as a record of the 
actions taken.
    (A) An inventory listing personal property will be done to protect 
the owner, Military Police, the Contractor, and the Commander.
    (B) The contents of a closed container such as a suitcase inside the 
vehicle need not be inventoried. Such articles should be opened only if 
necessary to identify the owner of the vehicle or if the container might 
contain explosives or otherwise present a danger to the public. Merely 
listing the container and sealing it with security tape will suffice.
    (C) Personal property will be placed in the Military Police found 
property room for safe keeping.
    (iv) DD Form 2507 (Notice of Vehicle Impoundment) will be forwarded 
by certified mail to the address of the last known owner of the vehicle 
to advise the owner of the impoundment action, and request information 
concerning the owner's intentions pertaining to the disposition of the 
vehicle.
    (2) Stolen privately owned vehicles or vehicles involved in criminal 
activity. (i) When the privately owned vehicle is to be held for 
evidentiary purposes, the vehicle will remain in the custody of the 
Military Police or CID until law enforcement purposes are served.
    (ii) Recovered stolen privately owned vehicles will be released to 
the registered owner, unless held for evidentiary purposes, or to the 
law enforcement agency reporting the vehicle stolen.
    (iii) A privately owned vehicle held on request of other authorities 
will be retained in the custody of the Military Police or CID until the 
vehicle can be released to such authorities.
    (e) Search incident to impoundment based on criminal activity. 
Search of a privately owned vehicle in conjunction with impoundment 
based on criminal activity will likely occur in one of the following 
general situations:
    (1) The owner or operator is not present. This situation could arise 
during traffic and crime-related impoundments and abandoned vehicle 
seizures. A property search related to an investigation of criminal 
activity should not be conducted without search authority unless the 
item to be seized is in plain view or is readily discernible on the 
outside as evidence of criminal activity. When in doubt, proper search 
authority should be sought, during duty

[[Page 86]]

hours, through the Chief, Criminal Law Branch of the Office of Staff 
Judge Advocate and after duty hours from the Duty Judge Advocate, before 
searching.
    (2) The owner or operator is present. This situation can occur 
during either a traffic or criminal incident, or if the operator is 
apprehended for a crime or serious traffic violation and sufficient 
probable cause exists to seize the vehicle. This situation could also 
arise during cases of intoxicated driving or traffic accidents in which 
the operator is present but incapacitated or otherwise unable to make 
adequate arrangements to safeguard the vehicle. If danger exists to the 
Military Police or public or if there is risk of loss or destruction of 
evidence, an investigative type search of the vehicle may be conducted 
without search authority.
    (f) Disposition of vehicles after impoundment. (1) If a privately 
owned vehicle is impounded for evidentiary purposes, the vehicle can be 
held for as long as the evidentiary or law enforcement purpose exists. 
The vehicle must then be returned to the owner without delay unless 
directed otherwise by competent authority.
    (2) If the vehicle is unclaimed after 45 days from the date 
notification was mailed to the last known owner or the owner released 
the vehicle by properly completing DD Form 2505, the vehicle will be 
disposed of by one of the following procedures:
    (i) Release to the lienholder, if known.
    (ii) Processed as abandoned property in accordance with DOD 4160.21-
M.

                   Appendix A to Part 636--References

    Publications and forms referenced in this part may be viewed at the 
Office of the Provost Marshall on any major Army installation or may be 
obtained from the National Technical Information Service, U.S. 
Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161.
    In addition to the related publications listed in appendix A to part 
634 of this subchapter, the following publications provide a source of 
additional information:

FS Reg 190-7, Emergency Vehicle Operation
FS Reg 350-1, Active Component Training
FS Reg 385-14, Post Range Regulation
FS Reg 755-2, Lost, Abandoned, or Unclaimed Privately Owned Personal 
Property

    In addition to the prescribed forms used in appendix A to part 634 
of this subchapter, the following forms should be used:

AFZP Form Letter 316, Suspension of Driving Privileges
DA Form 3946, Military Police Traffic Accident Report
DA Form 3975, Military Police Report
DD Form 1920, Alcohol Influence Report
DD Form 2220, DOD Registered Vehicle
DD Form 2504, Abandoned Vehicle Notice
DD Form 2505, Abandoned Vehicle Removal Authorization
DD Form 2506, Vehicle Impoundment Report
DD Form 2507, Notice of Vehicle Impoundment

                            Other References

    8 U.S.C. 13.
    40 U.S.C. 318a.
    Memorandum of Understanding, Subject: Seizure of Assets for 
Administrative Forfeiture in Drug Related Cases.

                 Appendixes B--C to Part 636 [Reserved]

                    Appendix D to Part 636--Glossary

    In addition to the terms listed in appendix D to part 634 of this 
subchapter, the following terms apply:

ATV--All Terrain Vehicles
CID--Criminal Investigation Division
CUCV--Commercial Utility Cargo Vehicle
DDC--Defensive Driving Course
DOD--Department of Defense
DPCA--Directorate of Personnel and Community Activities
DUI--Driving Under the Influence
DDC--Motorcycle Defensive Driving Course
MP--Military Police
NLT--Not later than
USAREUR--United States Army--Europe

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