[Title 32 CFR I]
[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]
[From the U.S. Government Printing Office]
3242004-07-012002-07-01trueLAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSISUBCHAPTER INATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)
SUBCHAPTER I--LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS
PART 630--ABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES--Table of Contents
Sec.
Subpart A--Purpose
630.1 Purpose.
630.2 References.
630.3 Explanation of abbreviations and terms.
630.4 Responsibilities.
Subpart B--Absent Without Leave
630.5 Notification.
630.6 Surrender to unit commander.
630.7 Surrender or apprehension at other installations.
Subpart C--Desertion
630.8 Administrative report.
630.9 Processing deserter reports.
630.10 Special category absentees.
630.11 Escaped prisoner.
630.12 USADIP procedures.
Subpart D--Return to Military Control
630.13 AWOL/deserter apprehension efforts.
630.14 Use of escorts.
630.15 Verification of deserter status.
630.16 Surrender or apprehension on parent installation.
630.17 Surrender or apprehension at another installation.
630.18 Surrender or apprehension off an Army installation.
630.19 Deserters and defectors in foreign countries.
630.20 Escaped military prisoner.
633.21 Other armed services deserters.
633.22 Transportation.
Subpart E--Civilian Correctional or Medical Facilities
630.23 Military detainer.
630.24 Action on return to military control.
630.25 Civilian detention facilities.
630.26 Costs of civilian detention facilities.
Subpart F--Payment of Rewards and Reimbursements
630.27 Rewards.
630.28 Reimbursement payments.
630.29 Documentation.
Subpart G--Surrender of Military Members to Civilian Law Enforcement
Officials
630.30 Overview.
630.31 CONUS.
630.32 Responsibilities.
Figure 630.1 of Part 630--Sample Military Detainer
Appendix A to Part 630--References
Appendix B to Part 630--Glossary
Authority: 10 U.S.C. 801 through 940; Manual for courts-martial,
U.S. 1995 revised addition as amended; sec 709, Pub L. 96-154, Defense
Appropriation Act. 93 Stat. 1153.
Source: 61 FR 39073, July 26, 1996, unless otherwise noted.
Subpart A--Purpose
Sec. 630.1 Purpose.
This part provides policies and procedures for--
(a) Reporting absentees and deserters.
(b) Reporting special category absentees.
(c) Reporting political defectors.
(d) Use of automated law enforcement telecommunications.
(e) Apprehension and processing of absentees and deserters.
(f) Surrender of military personnel to civilian law enforcement
authorities.
Sec. 630.2 References.
Required and related publications and referenced forms are listed in
appendix A to this part.
Sec. 630.3 Explanation of abbreviations and terms.
Abbreviations and special terms used in this regulation are
explained in the glossary.
Sec. 630.4 Responsibilities.
(a) The Deputy Chief of Staff for Operations and Plans (DCSOPS) is
responsible for establishing law enforcement policy and procedures for
the military absentee and deserter apprehension programs. The DCSOPS
will--
[[Page 8]]
(1) Exercise staff supervision over Army law enforcement activities.
(2) Integrate operational control of the National Crime Information
Center (NCIC) elements at the U.S. Army Deserter Information Point
(USADIP).
(3) Provide operational control of the NCIC elements at the USADIP.
(4) Be the Department of the Army point of contact for the Federal
Bureau of Investigation (FBI) on absentee and deserter apprehension
policy matters.
(b) The Deputy Chief of Staff for Personnel (DCSPER) is responsible
for establishing personnel policy on absentees and deserters and will--
(1) Exercise staff supervision over the USADIP.
(2) Develop programs to assist commanders in deterring absenteeism.
(3) Evaluate statistical profile data furnished by the Commanding
General (CG), U.S. Total Army Personnel Command (PERSCOM) and CG, U.S.
Army Personnel Information Systems Command (PERSINSCOM).
(c) Commanders of major Army commands (MACOMs) will--
(1) Supervise reporting and coordinate Army programs for the return
to military control (RMC) of absentees, deserters, defectors, and
special category absentees.
(2) Ensure deserters returned to military control are reported IAW
this part to end apprehension actions.
(3) Provide military police support for the return of special
category absentees and deserters from foreign countries to the
Continental United States (CONUS) when required.
(4) Assist in the return of soldiers to overseas commands under
status of forces agreement.
(5) Assure that recommended changes to Army Regulation 5-9 are
proposed and coordinated with other MACOMs.
(d) Commanding General, U.S. Army Criminal Investigation Command
(USACIDC) is responsible for--
(1) Entering and clearing subjects of USACIDC investigations and
special category absentees reported by overseas commanders in the NCIC
wanted person file.
(2) Coordinating retrieval of records through the Director, U.S.
Army Crime Records Center (USACRC) from the Defense Investigative
Service (DIS) for special category absentees.
(e) Commander, U.S. Army Enlisted Records and Evaluation Center
(USAEREC) will--
(1) Receive documentation and provide verification of reports of
desertion and return to military control.
(2) Maintain a centralized deserter data base for deserter
statistical reporting requirements from the Automated Personnel
Accounting System.
(3) Maintain management data received on DD Form 616 (Report of
Return of Absentee) to identify--
(i) The number of deserters returned to military control monthly.
(ii) The mode of return (surrender to or apprehended by military
authorities, Department of Defense civilian police, civilian
authorities, or FBI).
(iii) Cases administratively closed (death, discharge, erroneous
entry, and so forth). Date should be recorded in the processing month to
hasten report compilation.
(f) Chief, U.S. Army Deserter Information Point will--
(1) Verify and document reports of desertion and return to military
control.
(2) Maintain a central deserter data base.
(3) Provide data to DCSOPS, DCSPER, CG, PERSCOM and CG, PERSINSCOM,
as required.
(4) Complete cross checks against the Army Enlisted Master File
(EMF), Joint Service Software, and other data systems to prevent false
apprehension.
(5) Query other Army automated personnel files to prevent mistaken
reports of desertion.
(6) Provide DD Form 553 (Deserter/Absentee Wanted by the Armed
Forces) and DD Form 616 (Report of Return of Absentee) to military and
civilian law enforcement authorities, to include the FBI when
appropriate.
(7) Advise U.S. Department of State, Deputy Assistant Secretary for
Passport Services, of U.S. Army alien deserters who are known or
suspected to have entered a foreign country, return to military control,
or are discharged in absentia.
(8) Enter wanted information into the NCIC.
[[Page 9]]
(g) All Army installation commanders with active Army manpower
assets have responsibilities for reporting and returning deserters to
military control.
(1) Coordinating installation commanders return of deserters to
military control within their designated areas of responsibility.
(2) Supporting installation commanders have responsibility for all
locations within 50 miles of their respective installations. When
efficiency and economy demand, these distances can be increased or
diminished as determined between the coordinating installation and the
supporting installation.
(h) Installation provost marshals will endeavor or resolve
procedural arrangements at the lowest command level IAW AR 5-9.
Subpart B--Absent Without Leave
Sec. 630.5 Notification.
(a) The unit commander notifies the local provost marshal within 24
hours after a soldier has been reported absent without leave (AWOL).
Special category absentees are reported as deserters IAW Sec. 630.10 of
this part.
(b) On receipt of an AWOL report, the provost marshal initiates a DA
Form 3975 (Military Police Report) and a corresponding blotter entry on
DA Form 3997 (Military Police Desk Blotter).
Sec. 630.6 Surrender to unit commander.
If an AWOL soldier surrenders to the parent unit the following
procedures apply:
(a) The unit commander immediately notifies the Provost Marshal that
the soldier has returned.
(b) The provost marshal finalizes the DA Form 3975 and makes a
reference blotter entry. The provost marshal forwards DA Form 3975 and
4833 (Commander's Report of Disciplinary or Administration Action) with
an appropriate suspense date through the appropriate field grade
commander to the unit commander for action.
(c) The unit commander reports action taken to the provost marshal
on DA Form 4833 not later than the assigned suspense date.
Sec. 630.7 Surrender or apprehension at other installations.
(a) If an AWOL soldier surrenders to or is apprehended by a provost
marshal other than the parent installation, the apprehending provost
marshall
(1) Issues DD Form 460 (Provisional Pass) IAW AR 190-45, paragraph
5-2, and verbal orders to the solider to return to their proper station.
The DD Form 460 and transportation requests are used instead of an
escort if there is a reasonable expectation that the soldier will
comply. Express mail may be used to forward the DD Form 460 to the
absentee. DD Form 460 will not be required if the provost marshal elects
to return the soldier through different means.
(2) Prepares and forwards DA Forms 3975 and 4833, along with a copy
of DD Form 460 to the parent installation provost marshal.
(b) The parent installation provost marshal--
(1) Completes a reference blotter entry reflecting the AWOL
soldier's RMC.
(2) Forwards DA Form 3975 and DA Form 4833, with an appropriate
suspense, through the field grade commander to the unit commander.
(3) On return of the completed DA Form 4833 from the unit commander,
forwards the original and one copy of the form to the apprehending
provost marshal. The parent installation Provost Marshal may retain a
copy of DA Form 3975 and DA Form 4833 pertaining to the case.
Subpart C--Desertion
Sec. 630.8 Administrative report.
(a) The unit commander administratively classifies an absentee as a
deserter and completes DD Form 553 when one or more of the following
applies:
(1) The facts and circumstances of the absence, without regard to
the length of absence, indicates that the soldier may have committed the
offense of desertion, as defined in articles 85 and 86 of the Uniform
Code of Military Justice (UCMJ).
(2) The soldier has been AWOL for 30 consecutive days.
[[Page 10]]
(3) The soldier, without authority, has gone to or remains in a
foreign country and while in the foreign country has requested, applied
for, or accepted any type of asylum or resident permit from the country,
or any governmental agency.
(4) The soldier has returned to military control and departs absent
prior to completion of any administrative or judicial action for a
previous absence.
(5) The soldier escapes from confinement.
(6) The soldier is a special category absentee.
(b) The unit commander promptly reports deserters to the provost
marshal via DD Form 553 per AR 630-10, chapter 3.
Sec. 630.9 Processing deserter reports.
(a) On receipt of reports of desertion or defectors, the Provost
Marshall completes a blotter entry per AR 190-45, paragraph 4-6b. This
is an initial blotter entry if a previous absentee entry had not been
made.
(b) The Provost Marshal then--
(1) Ensures that the unit commander has accurately completed DD Form
553.
(2) Screens installation and state vehicle registration and
completes identification portions of the DD Form 553.
(3) In the remarks section of DD Form 553 adds other known
information about the soldier such as:
(i) Confirmed or suspected drug abuse.
(ii) History of violence.
(iii) History of escapes or attempted escapes from custody.
(iv) Suicidal tendencies.
(v) Suspicion of involvement in violent crimes for which there is a
record of an active military police investigation being prepared and
forwarded.
(vi) History of other unauthorized absence.
(vii) Any other information in the apprehension process or to
protect the deserter or apprehending authorities.
(4) Initiates a DA Form 3975, if not previously completed as an AWOL
report, and assigns a USACRC Crime Control Number to the case.
(5) Returns the completed DD Form 553 to the unit commander within
24 hours. The provost marshal retains a copy of the DD Form 553.
(6) Follows the procedures in section 630.8 of this part for special
category absentees.
(c) Within 48 hours of the soldier being dropped from the rolls
(DFR) of the unit, the unit commander forwards the DD Form 553, with
associated documents, through the Personnel Service Battalion to
Commander, U.S. Army Enlisted Records Center, ATTN: PCRE-RD,
Indianapolis, Indiana 46249-5300.
Sec. 630.10 Special category absentees.
Commanders of absent soldiers assigned to special mission units and
soldiers who have had access to top secret information during the 12
months preceding the absence immediately report the soldier as a
deserter regardless of the length of absence. On receipt of a special
category absentee the provost marshal--
(a) Immediately completes the procedures in Sec. 630.6 of this part.
(b) Queries the NCIC missing person, interstate identification, and
unidentified person files for a possible match using the absentee's
identifying information (Social Security Number, date and place of
birth, and physical description) to determine if he or she has been
previously entered into the NCIC.
(c) Enters the soldier into the NCIC wanted file after determining
the soldier has not been entered previously. Outside continental United
States (OCONUS) Provost Marshal NCIC entries are completed by sending a
copy of the DD Form 553 to the USACRC facsimile machine Defense System
Network (DSN) 656-0395 or commercial (301) 806-0395. OCONUS Provost
Marshals who do not have facsimile equipment express mail the DD Form
553 to Director, USCRC, ATTN: CICR-ZA, 6010 6th Street, Fort Belvoir, VA
22060-5585.
(d) Requests the assistance of the Director, USACRC, in obtaining
pertinent information from security records maintained by the DIS.
(e) Requests assistance of the U.S. State Department, in identifying
and suspending existing passports and pending applications pertaining to
the deserter. This includes transmitting a copy of the DD Form 553 by
facsimile or express mail to the U.S. State Department, Deputy Assistant
Secretary for Passport Services, ATTN: CA-PPT-
[[Page 11]]
C, McPherson Building, 1425 K Street NW., Washington DC 20524. A point
of contact in the provost marshal office must be provided for the U.S.
State Department. The facsimile commercial telephone number is (202)
326-6271.
(f) Notifies USACIDC, local FBI office, and local and State law
enforcement agencies of the soldier's absence to establish an
investigative task force. The task force acts as the focal point in
collecting and disseminating information obtained through investigative
activity.
(g) Requests assistance from the nearest Air Force Office of Special
Investigation (OSI) to determine if the absentee has been granted
passage on a Military Airlift Command (MAC) Flight. Notification is also
made to Headquarters, MAC, to deny passage on a MAC, flight by calling
Office of Special Investigations, Scott Air Force Base, Illinois, DSN
576-5413 or commercial 618-256-5413.
(h) Transmits an electronic alert through the National Law
Enforcement Telecommunications Systems (NLETS) to broadcast within the
State, a specific State, and or regional broadcast (contiguous five
States). NLETS messages must include the deserter's complete name,
social security number, date and place of birth, physical description,
and a statement that an entry has been made into the NCIC.
(i) Coordinates with the Office of the Staff Judge Advocate to
obtain search warrants, court orders, or subpoenas for searches of the
deserter's residence, financial, credit card, postal, telephone,
insurance, housing utilities, civilian medical records, and access to
commercial land, air and sea transportation records.
(j) Cancels the NCIC entry when notified by Chief, USADIP that the
deserter packet has been received and the Chief, USADIP, is prepared to
assume responsibility as the point of contact for verification of
deserters.
Sec. 630.11 Escaped prisoner.
(a) An escaped prisoner whose discharge has not been executed is
administratively classified as a deserter. The installation Provost
Marshal--
(1) Requests assistance from civilian law enforcement agencies
including the FBI.
(2) Forwards copies of DD Form 553 to Chief, USADIP, showing
distribution with Item 10 marked ``N/A.''
(3) Enters a temporary warrant into the NCIC.
(b) An escaped military prisoner whose discharge has been executed
and who is not under the custody of the U.S. Attorney General is
reported as an escaped military prisoner, not a deserter. The custodian
of an escaped military prisoner's personnel records prepares DD Form 553
clearly stating in items 12 and 19 that the individual is an escaped
military prisoner. The DD Form 553 is sent to the installation provost
marshal. A temporary warrant is entered into the NCIC by the
installation provost marshal.
Sec. 630.12 USADIP procedures.
(a) The Chief, USADIP--
(1) Verifies information on the DD Form 553 with permanent personal
records at the USAEREC.
(2) Enters the soldier's name into the NCIC.
(3) Forwards a copy of the DD Form 553 to all Federal, State and
local law enforcement agencies who may be involved in the apprehension
process.
(4) Forwards a copy of DD Form 553 to the provost marshall nearest
the deserter's home of record.
(5) Forwards a copy of the DD Form 553 to the USACRC, ensuring the
USACRC control number is legible.
(b) The Army entry into the NCIC wanted person file normally is
generally sufficient to support civilian police apprehension assistance.
Subpart D--Return to Military Control
Sec. 630.13 AWOL/deserter apprehension efforts.
The return of absentees to military control is a command
responsibility. Military police will generally not be committed to
proactive efforts to apprehend AWOL soldiers or deserters except when
the provost marshal determines that such efforts are warranted by
specific circumstances. Examples of
[[Page 12]]
instances when such effort is warranted include when the AWOL soldier or
deserter is wanted as the subject of additional more serious charges or
is a special category absentee as defined in Sec. 630.8 of this part.
Sec. 630.14 Use of escorts.
(a) Commanders and provost marshals must ensure that the most
economical and efficient means are used to return surrendered or
captured absentees to their parent unit or personnel control facility as
appropriate. For example, alternatives such as express mailing of DD
Form 460 and a transportation request may be used instead of an escort
if there is a reasonable expectation that the absentee will comply.
(b) The use of escorts should be considered if--
(1) There is not a reasonable expectation that the absentee will not
comply.
(2) The absentee is a special category absentee IAW Sec. 630.8 of
this part.
(3) The absentee is pending serious criminal charges.
(4) The absentee is in the custody of a civilian law enforcement
agency that is not willing to assist in processing the absentee by mail
or similar means.
(c) When escorts are deemed necessary, consideration should be given
to using noncommissioned officers from the parent unit before committing
military police manpower.
Sec. 630.15 Verification of deserter status.
(a) When a person claims to be a deserter from the U.S. Army, the
first receiving military authority must advise the person of his or her
right per article 31 UCMJ and provide as much of the following data as
possible to the provost marshal:
(1) Name.
(2) Social security number.
(3) Date and place of birth.
(4) Home of record.
(5) Date and place of enlistment, date of alleged absence, and unit
of assignment.
(b) The provost marshal immediately completes a check of the NCIC
and USADIP to confirm the deserter status. Deserter felon checks
require:
(1) The full name of the person.
(2) Social security number.
(3) Date of birth.
(4) Place of birth.
(5) Military service number if different from the social security
number.
(c) When necessary to establish identity at the request of the
Chief, USADIP, the installation provost marshal forwards DD Form 369
(Police Record Check) with a complete set of fingerprints to the
Commander, U.S. Army Enlisted Records Center, ATTN: PCRE-RD,
Indianapolis, IN 46249-5301. The fingerprints must also be accompanied
by DD Form 616 in quadruplicate. In Item 9 of the DD Form 616 note:
``For Information Only--Fingerprints attached.'' The Chief, USADIP
forwards the fingerprint record to the FBI Identification Division,
Washington, DC 20537-8700 for fingerprint comparison and identification.
(d) In the event the status of the individual can not be immediately
determined, the individual will not be detained. The Provost Marshal
obtains information on how to contact the person once their status has
been determined. On verification of status as absent or desertion,
Chief, USADIP, provides instructions to the provost marshal returning
the individual to military control.
Sec. 630.16 Surrender or apprehension on parent installation.
(a) The parent installation provost marshal--
(1) Verifies the deserter's military status IAW Sec. 630.13 of this
part.
(2) Coordinate between appropriate levels of command on RMC (time,
date, and location).
(3) Initiates a reference blotter entry changing the absentee's
status from deserter to return to military control.
(4) Prepares and submits DD Form 616 to Chief, USADIP. The USACRC
control number assigned to the DD Form 553 is included in the remarks
section of DD Form 616.
(5) Prepares DA Form 3975, 2804 (Crime Records Data Reference) and
4833. The USACRC control number assigned to the DD Form 553 is also used
on these forms.
(6) Forwards the original DA Form 3975 and 2804 to the Director,
USACRC.
(7) Forwards three copies of DA Form 4833, with an appropriate
suspense
[[Page 13]]
date, and one copy of DA Form 3975 to the PCF commander or installation
commander processing the deserter.
(8) On receipt of the completed DA Form 4833 forwards the original
to Director, USACRC.
(b) Should the deserter surrender to the original unit of
assignment, the unit commander immediately notifies the provost marshal
of the deserter's return. The provost marshal completes the processing
in paragraph (a) of this section.
Sec. 630.17 Surrender or apprehension at another installation.
(a) The provost marshal follows the procedures in Sec. 630.17 and
obtains the USACRC control number from Chief, USADIP for use in
completing the DD Form 616 and DA Form 2804, 3975, and 4833.
(b) The unit commander requesting return of the absentee completes
arrangements for escorting the absentee, if required. Other absentees
are sent to a PCF.
Sec. 630.18 Surrender or apprehension off an Army installation.
Commanders located off an Army installation--
(a) Notify the major Army command or coordinating installation
provost marshal, within whose area of responsibility the activity is
located.
(b) Furnish the coordinating installation provost marshal all
available information on the absentee or deserter.
(c) Issue a DD Form 460 and direct the person to proceed to the
nearest Army installation with facilities for processing deserters. If
appropriate, express mailing of DD Form 460 and a transportation request
may be used.
(d) Forward a copy of the DD Form 460 to Commander, U.S. Army
Enlisted Records and Evaluation Center, ATTN: PCRE-RD, 8899 East 56th
Street, Indianapolis, IN 46249.
(e) Follow up to ensure that all absentees and deserters are
returned to military control.
Sec. 630.19 Deserters and defectors in foreign countries.
(a) Army deserters and defectors in foreign countries are
apprehended only in accordance with applicable Status of Forces or other
station agreements, AR 27-50, U.S. and host country law, and the
directives of the overseas command.
(b) Direct coordination between all major overseas commanders, U.S.
Air Force, U.S. Navy, U.S. Marine Corps and CONUS installations is
conducted to coordinate information for return of deserters or defectors
to military control. Defectors and special category absentees must be
escorted from the time of their return to military control to the
installation or PCF with area of responsibility for processing
deserters. Deserters returned to military control are processed under
procedures set by the major overseas commander.
(c) When a deserter or defector is reported to have been returned to
military control at another service installation, the Army area provost
marshal arranges for return of the deserter to U.S. Army custody.
Maximum use of the DD Form 460 should be made.
(d) When absentees and deserters in foreign countries are scheduled
to depart or are to be deported from foreign countries, the Military
Assistance Advisory Group (MAAG) mission or attache notifies Chief,
USADIP, and if known the appropriate major commander, ATTN: Provost
Marshal. Notification should be completed in advance for coordination of
operational military police actions. The notice includes the--
(1) Name, grade, and social security number of the absentee.
(2) Date, time (local), and place of departure from the foreign
country.
(3) Mode of transportation and designation of the carrier.
(4) Date, time and place of arrival in CONUS or where U.S.
Authorities have jurisdiction to apprehend the absentee or deserter.
(5) Unit in which the individual is or was last assigned.
(6) Length of time in foreign country.
(7) Physical and mental condition and attitude of the absentee or
deserter.
(8) Charges by military or civil authorities.
(9) Intelligence interest.
[[Page 14]]
Sec. 630.20 Escaped military prisoner.
(a) When an escaped military prisoner is returned to military
control, the provost marshal--
(1) Notifies the commander of the confinement or correctional
facility from which the prisoner escaped.
(2) Completes and forwards DD Form 616 to Chief, USADIP.
(b) Unless otherwise directed by HQDA (DAMO-ODL), or the Commander,
U.S. Army Disciplinary Barracks (USDB), prisoners who escape from the
USDB are returned to the USDB. The commander of the installation to
which the prisoner is returned provides guards and transportation to the
nearest supporting confinement facility to return the prisoner to the
USDB.
(c) Escapees from other U.S. Army correctional activities are
returned to the confinement or correctional facility from which the
prisoner escaped unless otherwise directed by HQDA (DAMO-ODL).
(d) The chief, USADIP forwards DD Form 616 to recipients of DD Form
553.
Sec. 630.21 Other armed services deserters.
(a) Requests for status of alleged deserters from other Armed
Services may be made through an inquiry in the NCIC. When the response
from the NCIC is negative, the following appropriate Service may be
contacted:
(1) U.S. Air Force. Commander, U.S. Air Force Military Personnel
Center, Randolph Air Force Base, TX 78150-6001, DSN 487-5118.
(2) U.S. Navy. Commander, Naval Military Personnel Command, Code
NMPC-843, Washington, DC. 20370-5643, DSN 224-2551 or commercial, toll
free 1-800-336-4974.
(3) U.S. Marine Corps. Commandant of the Marine Corps, Corrections
Branch (MHC), Headquarters, U.S. Marine Corps, Building 2008, MCCDC,
Quantico, VA 22130-5000, DSN 278-3976.
(b) When Army absentees or deserters are received from civil
authorities in CONUS, all military absentees, and deserters, regardless
of the military service to which they belong, are transported at the
same time.
(c) Unless there are specific arrangements among the military
services, the following applies when Army personnel take custody of
absentees or deserters from civil authorities in CONUS:
(1) Notify the other military authorities in advance that the
individual will be taken into custody and delivered to the nearest
military installation having facilities to process absentees or
deserters.
(2) When custody cannot be affected, notify the nearest installation
of the service concerned that the person will remain in civilian
custody.
(d) Absentees and deserters from the other services and the Coast
Guard may be received at any U.S. Army installation which has facilities
for reception and custody. They are transferred immediately to the
nearest appropriate installation of the Service. Commanders of troops on
maneuvers or on the march are exempt from the responsibility for taking
custody of absentees and deserters. They may, however, accept absentees
or deserters if necessary and return them to the custody of their
Service.
Sec. 630.22 Transportation.
(a) If commercial transportation is necessary:
(1) The responsible transportation office arranges for movement per
AR 55-355.
(2) Cost and speed of transportation are considered.
(3) International and CONUS travel is arranged only on U.S.
commercial air carriers flying regularly scheduled routes, certified
route carriers, supplemental air carriers, or charter air taxi
operations.
(4) Military personnel escorting absentees or deserters must comply
with commercial air carrier rules and with AR 190-47.
(5) Expenses (transportation, reward payment, reimbursement to
civilian law enforcement authorities) associated with the return of
absentees or deserters to their proper station are chargeable to the
Military Personnel, Army Appropriation. Commanders are authorized to
make charges against these accounts for the transportation of escorts
and the deserter and for payment of required or reimbursement
[[Page 15]]
when the returnee is delivered to an installation or detained for
military authorities.
(6) The approving authority reviews paid travel and per diem
vouchers for efficiency, economy, and accuracy in statements of travel
performed. When feasible, one-day return travel should be used to reduce
costs.
(b) Transportation expenses for use of guards to return absentees or
deserters to their proper station or to military authorities are charged
to the budget activity account ``Other Military Personnel Costs.''
Subpart E--Civilian Correctional or Medical Facilities
Sec. 630.23 Military detainer.
(a) Military detainer (see sample detainer at Figure 630.1 of this
part) must be placed when a soldier is being held by civilian
authorities and release of the soldier is not imminent. The installation
commander or provost marshal may initiate a detainer. The purposes for
filing a detainer are to--
(1) Officially inform civilian authorities that any Army soldier is
in their custody and military authorities want to assume custody at
release.
(2) Request military authorities be kept advised on the status of
actions taken by civilian authorities.
(3) Permit military authorities to monitor the person's military
status while in civilian custody.
(b) A detainer is canceled when the person is released to military
custody.
(c) If an AWOL or DFR individual is being detained by civilian
authorities the military police
(1) Notify the proper installation commander or coordination
authority at once that the individual--
(i) Is being detained by civilian authorities on civil or criminal
charges.
(ii) Is committed to a civilian medical facility.
(2) Place a military detainer with the civilian law enforcement
agency and inform the installation commander or coordinating authority
of--
(i) Changes or medical problems concerning the absentee.
(ii) Probable length of detention by civilian authorities.
Sec. 630.24 Action on return to military control.
(a) The military authority first receiving or apprehending the
absentee or deserter, or receiving word of their detention by civilian
authorities, immediately contacts the installation or area provost
marshal and provides the following data.
(1) Name, grade, and social security number of the absentee.
(2) Date absence began and unit from which absent.
(3) Absentee, deserter, or escaped prisoner status.
(4) Date, place, and military unit or civilian agency where the
person was apprehended, surrendered, or detained.
(5) Unit to which the absentee or deserter will be assigned or
attached on return.
(b) When military law enforcement personnel are the first military
authority receiving a report of an AWOL or DFR person's apprehension or
surrender the following actions are also taken:
(1) Initiate an inquiry with the NCIC. When the NCIC inquiry shows
the individual is wanted by civilian law authorities for a criminal
offense, immediately contact the civilian agency. Advise the civilian
agency of the individual's location and where the return to military
control will be made. Place the results in item 9 of DD Form 616 and
send it to the commander receiving the returnee. All Army returnees
wanted for a criminal offense other than AWOL or desertion are reported
to Commander, U.S. Army Criminal Investigation Command, ATTN: CICR-ZA,
6010 6th Street, Fort Belvoir, VA 22060-5585 to ensure that military law
enforcement investigations or criminal charges are not pending.
(2) When the individual is not wanted for a criminal offense,
coordinate RMC with the appropriate military personnel office and take
action in paragraph (c) of this section.
(c) Absentees and deserters being held temporarily by civilian
authorities are returned to military control as soon as possible.
Military authorities should strive to return absentees or deserters to
military control within 48 hours after being notified of their
whereabouts and impending release.
[[Page 16]]
Sec. 630.25 Civilian detention facilities.
(a) When necessary, civilian detention facilities may be used to
temporarily detain absentees, deserters or escaped military prisoners.
Contracts providing for payment of actual costs for detention may be
made with state or county jails that have been approved by the Bureau of
Prisons. U.S. Department of Justice information about approved
facilities is available from the nearest U.S. Marshal's office.
(b) Contracts must contain standards of treatment of military
prisoners per AR 190-47. The Federal Acquisition Regulation (FAR), The
Federal Acquisition Supplement (FAS), and the Army Procurement Procedure
Supplement (APPS) govern these contracts.
Sec. 630.26 Costs of civilian detention facilities.
(a) Civilian authorities may be reimbursed according to contracts
for temporary detention after military authorities have assumed custody.
It does authorize payment from the date further detention was requested.
This does not authorize payment for subsistence and detention for the
same period for which a reward was authorized. This does not preclude
payment of reward or reimbursement for reasonable expenses for periods
before delivery to military custody. Detained officers receiving basic
allowance for substance (BAS) are charged the cost of substance.
(b) Costs incurred by the Army for detention under an Army contract
are paid to the civilian facility. Any payment to the Army by another
Armed Service must be by prior agreement between the commanders
concerned.
Subpart F--Payment of Rewards and Reimbursements
Sec. 630.27 Rewards.
(a) Receipt of an authorized communication, oral or written (for
example DD Form 553 and entry into the NCIC) from a military or Federal
law enforcement official or agency, requesting cooperation in the
apprehension or delivery to military control of an absentee or deserter
wanted by the Armed Forces constitutes the basis for a reward.
(b) A reward can be paid to an eligible person or agency who
apprehends and detains an absentee or deserter until military
authorities assume control. The finance and accounting officer
designated by the MACOM commander pays the claimant. If two or more
eligible persons or agencies are entitled to a reward, the payee may
divide the payment among the participants. Payment for an apprehension
effected jointly by an eligible and ineligible person or agency may be
claimed by the eligible person or agency. Ineligible persons may not
share in payments.
(c) Payment of a reward to persons or agencies is authorized as
indicated below:
(1) A reward for apprehension and detention of an absentee or
deserter until military authorities assume custody.
(2) A reward for apprehension of an absentee or deserter and
subsequent delivery to a military installation with facilities to
receive and process absentees and deserters.
(d) The reward may not exceed the amount specified in the current
defense appropriation account for--
(1) The apprehension and detention of absentees or deserters until
military authorities take custody.
(2) The apprehension and delivery to military authorities of
absentees or deserters.
(e) A reward or reimbursement for expenses is not authorized for an
Armed Service member. Federal government employees, a lawyer on whose
advice an absentee or deserter surrenders, or when payment would violate
public policy.
Sec. 630.28 Reimbursement payments.
(a) Reimbursement payments to official agencies is authorized when--
(1) A reward has been offered.
(2) Reimbursement is requested in place of a reward.
(b) Reimbursement for reasonable and actual expenses may be made to
more than one eligible person or agency. However, total reimbursement
for the return of an absentee or deserter may not exceed the amount
authorized for reward.
[[Page 17]]
(c) Dual payment (reward and reimbursement) relating to one absentee
or deserter is prohibited.
(d) Official transportation and personal services payment are not
made for--
(1) Transportation by official vehicle.
(2) Personal services of the claimant.
(3) Apprehension and detention not followed by return to military
custody.
Sec. 630.29 Documentation.
(a) Payment of reward or reimbursement for expenses is documented by
processing Standard Form 1034 (Public Voucher for Purchase and Services
Other Than Personal). The following information must be provided on SF
1034 or supporting documents:
(1) Name, social security number, and last duty station (DD Form 553
or DD Form 616) of the absentee.
(2) Date, place of arrest, and place of return to military custody
(DD Form 616).
(3) Signed statement by claimant that the agency qualifies for a
reward under paragraph (a), (b), or (c) of this section.
(4) Statement signed by military representative documenting either
of the following:
(i) Delivery to a military installation with facilities to receive
and process absentees and deserters.
(ii) Military custody assumed at a site other than a military
installation or facility.
(5) Army forms provided to claimants to support payment request.
(b) When required, military pay vouchers are prepared for absentees
and deserters per AR 37-104-3, paragraphs 80310, 80311, and 80313.
Subpart G--Surrender of Military Members to Civilian Law Enforcement
Officials
Sec. 630.30 Overview.
(a) This chapter establishes provost marshal procedures and
responsibilities for the surrender of soldiers to civilian law
enforcement authorities. It is the policy of the Department of the Army
to cooperate with civilian authorities unless the best interest of the
Army will be prejudiced.
(b) Provost marshals assist in the delivery of a soldier to civilian
authorities per this regulation and applicable personnel management
regulations. AR 630-10, Chapter 7, provides personnel management
policies and procedures on the surrender of soldiers to civilian
authorities.
Sec. 630.31 CONUS.
(a) Generally, provost marshal activity is limited to ensuring that
a military detainer is prepared and signed when surrendering a soldier
to civilian law enforcement officials (see figure 630.1 of this part).
(b) There is no statutory authority for a commander to deliver a
soldier to a bail bondsman or surety. The surety must coordinate with
the installation Staff Judge Advocate and the Commander of the soldier
prior to attempting to apprehend the soldier. To preserve peace and
order on the installation, military police will accompany the surety to
observe the surety taking custody of the soldier.
Sec. 630.32 Responsibilities.
(a) In foreign countries, the authority of U.S. military personnel
to apprehend, detain and deliver U.S. personal to civil authorities of
foreign countries is governed by the provisions of international
agreements. AR 27-50, and the laws of the host nation. The extent of the
authority in a particular country is determined from directives
published by the OCONUS MACOM Commander.
(b) Chief, DAMO-ODL--(1) Coordinates approved requests for surrender
of the soldier with the civilian law enforcement agency or prosecuting
attorney's office requesting surrender of the soldier. Transportation
costs of the soldier from the point of debarkation are the
responsibility of the requesting agency.
(2) Coordinates surrender of the soldier with the felony warrant or
extradition division of the civilian law enforcement agency or Federal
law enforcement agency at the point of debarkation.
(3) Contacts the CONUS installation provost marshal with area of
responsibility for assistance in the surrender of the soldier.
[[Page 18]]
(c) MACOM Provost Marshal--(1) If requested by the General Court-
Martial convening authority or designee, arranges escort of the soldier
to the point of embarkation or debarkation in CONUS.
(2) Notifies Chief, DAMO-ODL, of the departure date, time, flight
number, and the name of the individual(s) who will escort the soldier,
if applicable.
(d) CONUS Provost Marshal with area of responsibility--(1) Prepares
a military detainer for the soldier to be surrendered.
(2) Meets the aircraft, assists in the surrender of the soldier, and
presents the military detainer.
(3) Provides a copy of the detainer and attachment order to the
commander of the PCF or the unit to which the solider will be attached.
Figure 630.1 to Part 630--Sample Military Detainer
I, (name of civilian representative) an official agent representing
(name and address of civilian jurisdiction), accept custody and control
of (grade, name, social security number), a U.S. Soldier, for trail on a
charge (state offense(s)), I agree, on behalf of the jurisdiction named
above, to inform the Commander, (installation address), of results of
the judicial process and to return the solider at no expense to the Army
or the soldier to said Army installation unless a place nearer the
civilian jurisdiction is designed by Department of the Army. The soldier
will be returned immediately on dismissal or other disposition of
charges facilitating return of the soldier. When disposition precludes
immediate return of the soldier following litigation, I will furnish
results of the judicial process and information concerning the earliest
possible date the soldier might be returned to Army control. I will also
advise the designated commander whenever the location of incarceration
of the soldier changes or whether soldier is released on bail or bond. I
understand the above commander will advise the civilian jurisdiction
which I represent if the soldier's return to military custody is no
longer desired. I was furnished a copy of this agreement on (date).
(signature)
(position)
(name of jurisdiction)
(Address of jurisdiction)
Appendix A to Part 630--References
Publications and forms referenced in this part may be viewed at the
Office of Provost 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 21161; telephone (703) 487-4684.
Required Publications
AR 5-9--Intraservice Support Installation Area Support Coordination
(cited in Sec. 630.4)
AR 27-50--Status of Forces Policies Procedures and Information (Cited in
Sec. 630.19 and Sec. 630.30)
AR 190-45--Military Police Law Enforcement Reporting (Cited in
Sec. 630.7 and Sec. 630.9)
AR 190-47--The United States Army Correctional System (Cited in
Sec. 630.22 and Sec. 630.25)
AR 630-10--Absence Without Leave, Desertion, and Administration of
Personnel involved in Civilian Court Proceedings (Cited in
Sec. 630.8 and Sec. 630.30)
Manual for Court-martial, United States (Cited in Sec. 630.8)
Related Publications
A related publication is merely a source of additional information.
The user does not have to read it to understand this publication.
AR 37-104-3--Military Pay and Allowance Procedures: Joint Uniform
Military Pay System Army (JUMPS-A1RR)
AR 55-355--Defense Traffic Management Regulation
Prescribed Forms
DD Form 616--Report of Return of Absentee (Prescribed in Sec. 630.4,
Sec. 630.14, Sec. 630.15, Sec. 630.16, Sec. 630.20,
Sec. 630.24 and Sec. 630.29)
Referenced Forms
DA Form 2804--Crime Records Data Reference
DA Form 3975--Military Police Report
DA Form 3997--Military Police Desk Reference
DA Form 4833--Commander's Report of Disciplinary or Administrative
Action
DA Form 369--Police Record Check
DA Form 460--Provisional Pass
DD Form 553--Deserter/Absentee Wanted by the Armed Forces
SF 1034--Public Voucher for Purchases and Services Other than Personal
Appendix B to Part 630--Glossary
Abbreviations
AAPS--Army Procurement Procedure Supplement
ARNG--Army National Guard
AWOL--absent without leave
BAS--basic allowance for substance
CG--commanding general
[[Page 19]]
CONUS--Continental United States
DCSPER--Deputy Chief of Staff for Personnel
DCSOPS--Deputy Chief of Staff for Operations and Plans
DFR--dropped from the rolls
DIS--Defense Investigative Service
DSN--Defense Systems Network
EMF--enlisted master file
FAR--Federal Acquisition Regulation
FAS--Federal Acquisition Supplement
FBI--Federal Bureau of Investigation
MAC--Military Airlift Command
MACOM--major Army command
NCIC--National Crime Information Center
NLETS--National Law Enforcement Telecommunication System
OCONUS--outside Continental United States
PCF--Personnel Control Facility
PERSCOM--U.S. Army Total Personnel Command
PERSINSCOM--U.S. Army Personnel Information Systems Command
RMC--return to military control
ROTC--Reserve Officer Training Course
TR--Transportation request
UCMJ--Uniform Code of Military Justice
USACIDC--U.S. Army Criminal Investigation Command
USACRC--U.S. Army Crime Records Center
USADIP--U.S. Army Deserter Information Point
USAEREC--U.S. Army Enlisted Records and Evaluation Center
USAR--U.S. Army Reserve
Terms
Coordinating agent--A person within a staff agency of CONUS command
or CONUS installation who is responsible for coordinating and monitoring
the absentee and deserter program.
Desertion--A violation of Article 85, UCMJ. It applies to any member
of the Armed Forces who commits any of the following:
(a) Not used.
(1) Without authority goes or remains absent from his or her unit,
organization, or place of duty with intent to remain away therefrom
permanently.
(2) Quits his or her unit, organization, or place of duty with
intent to remain away therefrom permanently.
(3) Without being regularly separated from one of the Armed Forces
enlists or accepts an appointment in the same or another one of the
Armed Forces without fully disclosing the fact that he or she has not
been regularly separated, or enters any foreign Armed Service except
when authorized by the United States. (This provision has been held not
to state a separate offense by the United States Court of Military
Appeals in United States v. Huff, 7 U.S.C.M.A. 247.22 C.M.R. 37 (1956).
(4) Any commissioned officer of the Armed Forces who, after tender
of his or her resignation and before notice of its acceptance, quits his
or her post or proper duties without leave and with intent to remain
away therefrom permanently is guilty of desertion.
(b) Deserters are classified as defectors when they commit any of
the following:
(1) Have escaped to another country and are outside the jurisdiction
and control of the United States.
(2) Are unwilling to return to the United States.
(3) Are of special value to another country.
(4) Have repudiated the United States when beyond its jurisdiction
or control.
Deserter control officer--A commissioned officer (normally a
battalion or unit adjutant) appointed in desertion cases to ensure that
documentation on deserters dropped from the rolls is provided in a
timely manner.
Detainer--A written notice to civil authorities that a person in
their custody is an absentee of the Army or serving on active duty with
the Army and that military authorities desire to take custody on
release.
Dropped from the rolls of a unit--An administrative action that
drops an absentee from the strength accountability of a unit.
Dropped from strength--A strength accounting procedure used to
exclude personnel from the operating strength of the Army.
National Crime Information Center--A computerized police information
system established by the Federal Bureau of Investigation to serve
participating law enforcement agencies.
Personal Assistance Point--Agencies of the U.S. Army Total Personnel
Command located at aerial ports of embarkation or debarkation to assist
Army transient personnel enroute to or returning from overseas.
Personnel Control Facility--An organization that processes absentees
returned to military control from an unauthorized absence. These
facilities ensure proper disposition of returnees.
Special category absentee--A soldier reported AWOL who had access to
top secret information during the last 12 months or is currently
assigned to a special mission unit.
Special mission unit--A unit assigned a mission of such
extraordinary sensitivity as to require specific management, oversight,
and employment consideration.
Unavoidable absence--An unauthorized absence that happened through
no fault of the absentee and no fault of the Government.
Unit--An organization, agency, or activity.
Unit commander--The commander of an absentee's or deserter's unit of
assignment or attachment.
U.S. Army Deserter Information Point--The focal point with the Army
for controlling, verifying, accounting, and disseminating data on
individuals administratively classified as deserters.
[[Page 20]]
PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES--Table of Contents
Subpart A--General
Sec.
631.1 Purpose.
631.2 Applicability.
631.3 Supervision.
631.4 Exceptions.
Subpart B--Armed Forces Disciplinary Control Boards
631.5 General.
631.6 Responsibilities.
631.7 Composition of boards.
631.8 Civil agencies.
631.9 Duties and functions of boards.
631.10 Administration.
631.11 Off-limits establishments and areas.
Subpart C--Off-Installation Military Enforcement Services
631.12 Objectives.
631.13 Applicability.
631.14 Responsibilities.
631.15 Policy (for Army only).
631.16 Policy (for Navy only).
631.17 Policy (for Marine Corps only).
631.18 Policy (for Air Force only).
631.19 Operations.
Subpart D--Joint Service Law Enforcement Operations (Not Applicable to
U.S. Navy)
631.20 Organization.
631.21 Joint law enforcement operations.
Appendix A to Part 631--Civil Agencies
Appendix B to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide
Authority: 10 U.S.C. 3012(b)(1)(g).
Source: 47 FR 8350, Feb. 26, 1982, unless otherwise noted.
Subpart A--General
Sec. 631.1 Purpose.
This regulation prescribes uniform policies and procedures for the
establishment, operation, and coordination of the following:
(a) Armed Forces Disciplinary Control Boards (AFDCB).
(b) Off-installation military enforcement activities.
(c) Joint law enforcement operations.
Sec. 631.2 Applicability.
This regulation applies to the following:
(a) Active US Armed Forces personnel wherever they are stationed.
Commanders in oversea areas are authorized to deviate from the policy in
this regulation if required by local conditions, treaties, agreements,
and other arrangements with foreign governments and allied forces.
Subparts C and D are not applicable to the US Navy.
(b) Reserve personnel only when they are performing Federal duties
or engaging in any activity directly related to the performance of a
Federal duty or function.
(c) National Guard personnel only when called or ordered to active
duty in Federal status.
Sec. 631.3 Supervision.
(a) The following will jointly develop and have staff supervision
over AFDCB policies and the conduct of off-installation military
enforcement activities:
(1) The Deputy Chief of Staff for Personnel, Headquarters,
Department of the Army.
(2) Chief of Naval Personnel (PERS-84).
(3) Commandant of the Marine Corps.
(4) Chief of Security Police, Air Force Office of Security Police,
Department of the Air Force.
(5) Commandant of the Coast Guard.
(b) The above will also be responsible to standardize AFDCB policies
and procedures as well as to coordinate and maintain liaison with
interested staff agencies and other military and civil agencies.
Sec. 631.4 Exceptions.
Requests for exceptions to policies contained in this regulation
will be forwarded to HQDA(DAPE-HRE-PO), WASH, DC 20310.
Subpart B--Armed Forces Disciplinary Control Boards
Sec. 631.5 General.
(a) Armed Forces Disciplinary Control Boards (AFDCBs) may be
established by installation, base, or station commanders. The mission of
AFDCBs is as follows:
[[Page 21]]
(1) Advise and make recommendations to commanders on matters
concerning the elimination of crime or other conditions which may
negatively affect the health, safety, morals, welfare, morale, or
discipline of Armed Forces personnel.
(2) Insure the establishment and maintenance of the highest degree
of liaison and coordination between military commands and appropriate
civil authorities.
(b) Where installations of two or more military Services are located
or which are frequented by personnel of two or more Services, there will
be joint Service participation in any AFDCB. In such cases, the
commander of the Service with the greatest number of troops will serve
as the ``sponsoring commander'' of the board. When there is joint
participation in AFDCBs, written agreements will be executed by the
respective Service installation commanders. These agreements will
designate the sponsoring commander and delineate the joint Service
participation.
Sec. 631.6 Responsibilities.
(a) Major Army commanders, Navy commanders, Marine Corps commanders,
Air Force commanders, and Coast Guard commanders will--
(1) Monitor the establishment of and participation in AFDCBs by
subordinate commands.
(2) Encourage subordinate commanders to participate in joint Service
boards where appropriate.
(3) Resolve differences among subordinate commanders in regard to
board areas of responsibility and the designation of sponsoring
commanders.
(4) Evaluate board recommendations and actions from subordinate
sponsoring commanders.
(5) Forward to HQDA (DAPE-HRE), WASH, DC 20310, reports that require
Service headquarters action to accomplish the following:
(i) Correct situations which would adversely affect the health,
safety, morals, welfare, morale, or discipline of Armed Forces
personnel.
(ii) Surface positive programs having widespread applicability.
(6) Insure procedures are established to notify the responsible
individuals to insure that off-limits restrictions are made known and
applicable to all Armed Forces personnel who may frequent the area in
question. These would be off-limits restrictions approved and so
declared by subordinate sponsoring commanders.
(7) Insure that subordinate commanders assess the availability of
drug abuse paraphernalia in the vicinity of DOD installations through
their AFDCBs in accordance with DOD Directive 1010.4, Alcohol and Drug
Abuse by DOD Personnel. Drug abuse paraphernalia is defined as all
equipment, products, and materials of any kind that are used, intended
for use, or designed for use, in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance in
violation of the Controlled Substances Act.
(b) In each AFDCB area, the commander of the installation with the
largest base population will be designated the AFDCB sponsoring
commanders. Sponsoring commanders will provide administrative support,
as shown below, for the AFDCB programs.
(1) Promulgate implementing directives and call meetings of the
board.
(2) Provide a recorder for the board.
(3) Provide copies of the minutes of the meetings of the board to--
(i) Other Service commanders who provide board representatives.
(ii) BUPERS (for Navy only).
(iii) Other AFDCBs as appropriate.
(4) Approve or disapprove the minutes and recommendations of the
board and make appropriate distribution, as required.
(5) Publish lists of ``off-limits'' establishments and areas.
(6) Insure notification to the responsible individuals of any
unfavorable actions being contemplated or taken regarding their
establishments in accordance with appendix B.
(7) Distribute all pertinent information to the following:
(i) All units within their jurisdictional area.
[[Page 22]]
(ii) Units stationed in other areas whose personnel frequently visit
their jurisdictional area.
(c) (For Army only). Commanders of Army installations depicted in
Map 18, AR 5-9, are responsible for coordinating activities of AFDCB in
their areas. They may serve as sponsoring commanders or participate as
members of Joint Service Boards. They may approve the establishment of
separate AFDCB for Army installations within their area when it is in
the best interest of the Army to do so. Changes in AFDCB areas of
responsibility may be approved by MACOMs of installations concerned.
(d) (For Army only). The Commander, US Army Health Services Command
will--
(1) Assure that subordinate commanders provide one of the following
to sit as a member of each established board--
(i) A Medical Corps officer.
(ii) A health and environment oriented Medical Service Corps (MSC)
officer of the Army Medical Department (AMEDD).
(2) Encourage subordinate commanders to--
(i) Maintain liaison with other governmental and civilian health
agencies to detect unsafe or unhealthy conditions within the geographic
area of each supported board.
(ii) Advise the board of conditions which adversely affect Armed
Forces personnel.
Sec. 631.7 Composition of boards.
(a) Each board shall, as a minimum, consist of representatives from
the following functional areas:
(1) Law enforcement.
(2) Legal.
(3) Health and environment.
(4) Public affairs.
(5) Equal opportunity.
(6) Safety.
(7) Chaplains.
(8) Alcohol and drug abuse.
(9) Personnel and community activities.
(b) Sponsoring commanders will determine, by position, which board
members will be designated as voting members. Such designations will be
included in the written agreements establishing the boards.
(c) Normally the sponsoring commander will designate a member of his
staff as the board President.
Sec. 631.8 Civil agencies.
(a) Civil agencies or individuals may be invited to board meetings
as observers or witnesses in jurisdictions where they have knowledge of
problems in the board's area of interest. These would be civil agencies
or individuals concerned with law enforcement, public health, welfare,
consumer affairs, and the safeguarding of morals.
(b) Boards should be used to establish and maintain liaison between
installations and civil agencies. A recommended method is to mail
announcements and summaries of the results of board meetings to
appropriate civil agencies. These agencies include, but are not limited
to, those found in appendix A.
Sec. 631.9 Duties and functions of boards.
The AFDCBs will--
(a) Meet in session as prescribed by the AFDCB Procedures Guide in
appendix B.
(b) Receive and take appropriate action on reports of conditions in
their jurisdictional areas relating to any of the following:
(1) Lack of discipline.
(2) Prostitution.
(3) Venereal disease.
(4) Liquor violations.
(5) Racial and other discriminatory practices.
(6) Alcohol and drug abuse.
(7) Drug abuse paraphernalia.
(8) Disorder.
(9) Illicit gambling.
(10) Unfair commercial or consumer practices.
(11) Other undesirable conditions that may adversely affect members
of the military or their families.
(c) Report the following to all major commanders in the board's area
of jurisdiction:
(1) Any conditions cited in paragraph (b) of this section.
(2) The board's recommended action as approved by the board's
sponsoring commander.
[[Page 23]]
(d) Conduct active liaison with appropriate civil authorities on
problems or adverse conditions existing in the board's area of interest.
(e) Make recommendations to commanders in the board's area of
jurisdiction concerning off-installation procedures to prevent or
control undesirable conditions.
Sec. 631.10 Administration.
(a) Commanders are authorized to acquire, report, process, and store
information concerning persons and organizations, whether or not
affiliated with the Department of Defense (DOD) (AR 380-13), which:
(1) Adversely affects the health, morals, welfare, morale, or
discipline of Armed Forces personnel regardless of status.
(2) Describes crime conducive conditions of which Armed Forces
personnel may become victims.
(b) Information described in paragraph (a) of this section may be
filed by organization; however, it will not be retrievable on the basis
of individual personal identification date, e.g., SSN, name, or address.
The information should be retained only as long as the described
conditions or threat to the welfare of Armed Forces personnel continues
to exist.
(c) Boards will function under the supervision of a president.
(d) Certain expenses incurred by Service members in the course of an
offical board investigation or inspection may be reimbursable. This
would be done in accordance with appropriate Service finance regulations
or instructions. These requests should be submitted to the sponsoring
Service finance office and charged to the appropriate law enforcement
account. (For the Army, this account is the T6 account.)
(e) Records of board proceedings will be maintained as prescribed by
records management policies and procedures for the Service of the
sponsoring commander.
Sec. 631.11 Off-limits establishments and areas.
(a) An off-limits area is defined as any vehicle, conveyance, place,
structure, building, or area prohibited to military personnel to use,
ride, visit, or enter during the period in which it may be declared off-
limits. As a matter of policy, the change in ownership, management, or
name of any off-limits establishment does not, in and of itself, revoke
the off-limits restriction.
(b) The establishment of off-limits areas is a function of command.
It may be used by commanders to help maintain good discipline and an
appropriate level of good health, morale, safety, morals, and welfare of
Armed Forces personnel. Off-limits action is also used to preclude Armed
Forces personnel from being exposed to crime conducive conditions or
from becoming the victims of crimes. Where sufficient cause exists,
commanders retain substantial discretion to declare establishments or
areas temporarily off-limits to personnel or their respective command in
emergency situations. Temporary off-limits restrictions issued by
commanders in an emergency situation will be acted upon by the AFDCB on
a priority basis.
(c) Armed Forces personnel are prohibited from entering
establishments or areas declared off-limits in accordance with this
regulation. Violations may subject the individual to disciplinary action
under the Uniform Code of Military Justice (UCMJ). As general policy,
these establishments will not be visited by military law enforcement
personnel unless circumstances warrant.
(d) Prior to initiating routine off-limits action, installation
commanders will attempt to correct, through contact with local civilian
leaders, any adverse condition or situation. If these actions are
unsuccessful, commanders will submit reports, requesting off-limits
action, to the AFDCB serving their area.
(e) The AFDCB, prior to recommending off-limits restriction, will
send written notice of the alleged adverse condition or situation, by
certified mail with return receipt requested, to the individual or firm
responsible for the alleged condition or situation. In this notice, the
AFDCB will offer a reasonable time to correct the condition or situation
and provide the individual or a designated representative with the
opportunity to
[[Page 24]]
present any relevant information to the board. (See sample letter at
annex A to App B.) If subsequent investigation reveals a failure by the
responsible person to take corrective action, the board should recommend
the imposition of the off-limits restriction.
(f) A specified time limit will not be established when an off-
limits restriction is invoked. The adequacy of the corrective action
taken by the proprietor of the establishment will be the determining
factor in removing an off-limits restriction.
(g) A person whose establishment or area has been declared off-
limits may, at any time, petition the president of the board for removal
of the off-limits restriction. The petition will be in writing. It
should state, in detail, the action taken to eliminate the adverse
conditions or situations that caused the imposition of the restriction.
In response to the petition, the President of the AFDCB may cause a
thorough investigation to be made of the status of these adverse
conditions or situations. A report of the results of the investigation
would be presented to the board. The board then will either recommend
removal or continuation of the off-limits restriction to the local
sponsoring commander.
(h) Off-limits procedures to be followed by the boards are in
appendix B. In the United States, off-limits signs will not be posted on
civilian establishments by US military authorities.
Subpart C--Off-Installation Military Enforcement Services
Sec. 631.12 Objectives.
The primary objectives of off-installation enforcement are to--
(a) Render assistance and information to Armed Forces personnel.
(b) Reduce the incidence of off-installation military offenses
committed by Armed Forces personnel.
(c) Enforce the UCMJ and other pertinent regulations, directives,
and orders among persons subject to the UCMJ.
(d) Maintain effective liaison and cooperation with civil law
enforcement and judicial agencies.
(e) Enhance apprehension efforts and return to military control
absentees and deserters wanted by the Armed Forces.
(f) Maintain good community relations.
(g) Assist in the return of military members detained by civil
authorities to military control.
Sec. 631.13 Applicability.
This chapter applies to off-installation enforcement activities. It
does not apply to the activities of AFDCBs which were discussed in
subpart B. It is not applicable to the U.S. Navy.
Sec. 631.14 Responsibilities.
(a) Commanders of military installations will recognize the
responsibility of civil authorities for the maintenance of peace and
order in those areas not under military jurisdiction or control. They
should--
(1) Conduct off-installation law enforcement in accordance with
applicable Service policies and procedures.
(2) Coordinate the liaison functions to accomplish the objectives
outlined in paragraph 3-1.
Sec. 631.15 Policy (for Army only).
(a) Within CONUS. (1) Normally, off-post patrols will not be
established in CONUS. However, MACOM commanders may authorize military
police to establish off-installation patrols if needed--
(i) In conjunction with military operations.
(ii) To safeguard the health and welfare of Army personnel.
(iii) When the type of offenses or the number of military personnel
frequenting an area is large enough to warrant such patrols.
(2) In view of the important legal implications involved (see 18
U.S.C. 1385, the Posse Comitatus Act), the advice of the local Staff
Judge Advocate should be sought prior to the implementation of such an
authorization. When possible, MACOM commanders will execute a mutually
acceptable written agreement with the civil police authorities.
(b) OCONUS. Off-post patrols will be kept at a minimum for mission
accomplishment. Commanders of MACOMs may authorize off-post patrols as
required by local conditions and customs
[[Page 25]]
as long as these patrols are in accordance with applicable treaties and
Status of Forces Agreements.
(c) Military police personnel selected for off-post patrols must be
experienced in law enforcement and have mature judgment. They must be
thoroughly familiar with all applicable agreements and implementing
standard operating procedures. They must understand the implications of
the Posse Comitatus Act as it pertains to military law enforcement
personnel assisting local law enforcement agencies.
(d) At a minimum, instructions to military police assigned to off-
post patrols will specifically state that if they accompany civil
police, they will do so for the sole purpose of enforcing the UCMJ among
persons subject to the code. Their instructions will also specifically
state that they are under the command and directly responsible to their
military superiors and that they exercise no authority over the civil
police or the civil populace. Accordingly, military police should be
instructed that they are not to exercise any authority in a case of
misconduct or apparent law violation unless the person concerned has
been identified as a member of the military service. However, military
law enforcement personnel may come to the aid of civil police in order
to prevent the commission of a felony or injury to a civilian police
officer.
Sec. 631.16 Policy (for Navy only).
(a) Off-base law enforcement activities by naval personnel (CONUS
and Hawaii) shall be limited to liaison functions with civilian law
enforcement agencies and courts and to the acceptance of ``courtesy
turnovers.''
(b) The court liaison function is limited to the provision of an
official Navy point of contact for the courts, to the provision of
advice for individuals and local commands, and to court appearance with
individuals from deployed commands.
(c) Courtesy turnovers will be limited to those persons whose
behavior and attitude are acceptable and who desire to be returned to
the custody of their parent command.
(d) Courtesy turnovers will be accepted from jails, police stations,
etc., but not directly from police officers on the scene of an incident.
Sec. 631.17 Policy (for Marine Corps only).
(a) Within CONUS. (1) Normally, off-installation patrols will not be
established in CONUS. However, installation commanders may request
authority from HQMC (Code MPH) to establish off-installation patrols if
needed.
(i) In conjunction with military operations.
(ii) To safeguard the health and welfare of Marine personnel.
(iii) When the type of offenses or the number of military personnel
frequenting an area is large enough to warrant such patrols.
(2) In view of the important legal implications involved (see 18
U.S.C. 1382, the Posse Comitatus Act as made applicable to DoN) the
advice of the local staff judge advocate/legal officer should be sought
prior to the implementation of such an authorization. When possible,
installation commanders will execute a mutually acceptable written
agreement with the civil police authorities.
(b) Overseas Areas. Off-installation patrols will be kept at minimum
for mission accomplishment. Commanders of installations may authorize
off-installation patrols as required by local conditions and customs as
long as these patrols are in accordance with applicable treaties and
Status of Forces Agreements.
(c) Personnel selected for off-installation patrols must be
experienced in law enforcement and have mature judgment. They must be
thoroughly familiar with all applicable agreements and implementing
standard operating procedures. They must understand the implications of
the Posse Comitatus Act as it pertains to military law enforcement
personnel assisting local law enforcement agencies.
(d) At a minimum, instructions to military police assigned to off-
installation patrols will specifically state that if they accompany
civil police, they will do so for the sole purpose of enforcing the UCMJ
among persons subject to the code. Their instructions will also
specifically state that they are
[[Page 26]]
under the command and directly responsible to their military superiors
and that they exercise no authority over the civil police or the civil
populace.
Accordingly, military police should be instructed that they are not to
exercise any authority in a case of misconduct or apparent law violation
unless the person concerned has been identified as a member of the
military service. However, military law enforcement personnel may come
to the aid of civil police in order to prevent the commission of a
felony or injury to a civilian police officer.
(e) Absentee and deserter collection units to accept active duty
absentee or deserter military personnel from civilian authorities may be
established.
(f) Civil police and civil court liaison may be established.
(g) Installation commanders are authorized to establish other
activities deemed necessary, provided each activity is within the scope
of military purpose and authority, i.e., apprehensions where authorized
by UCMJ, courtesy patrols, etc.
Sec. 631.18 Policy (for Air Force only).
See section B, AFR 125-19, for Air Force policy on off-installation
patrols.
Sec. 631.19 Operations.
(a) In CONUS, incidents occurring off-installation normally are
investigated by civil law enforcement agencies. These include State,
county, or municipal authorities or a Federal investigative agency. When
an incident of substantial interest to the U.S. Army occurs off-
installation, the Armed Forces law enforcement organization exercising
area responsibility will obtain copies of the civil law enforcement
report. These are incidents that involve Army property or personnel. The
civil law enforcement report would be processed according to applicable
Service regulations.
(b) In oversea areas, off-installation incidents will be
investigated in accordance with Status of Forces agreements and other
appropriate U.S.-host country agreements.
(c) Off-installation enforcement operations may include the
following activities:
(1) Town patrol.
(2) Town military police.
(3) Air Force Security Police patrols and stations.
(4) Civil police and civil court liaison.
(5) Public carrier and civilian transportation terminal patrols.
(6) Acceptance of active duty absentee or deserter military
personnel turned over to Service police by civilian authorities.
(7) Other activities deemed necessary, provided each activity is
within the scope of military purpose and authority.
(d) Activities in c above will be performed according to the Service
policies in Secs. 631.15 through 631.17. They will be based on the need
and the fiscal and manpower restraints imposed by each Service. If
practical, mutual agreements between two or more Services may be made to
facilitate the conduct of joint Service off-installation enforcement
services and absentee apprehension functions.
(e) Armed Forces law enforcement personnel will--
(1) Act under the command of, and be responsible to, military
superiors and will not be placed under the control of civil authorities.
(2) Exercise authority over civil law enforcement agencies or
persons not subject to the UCMJ only when they are on a military
installation.
(3) Be authorized to apprehend persons subject to the UCMJ when
there exists a reasonable belief that an offense under the code has been
committed and that the person to be apprehended committed the offense.
Civilians committing offenses on US military installations may be
detained for the appropriate Federal, State, or local law enforcement
agency.
(4) Return apprehended persons to representatives of their
respective Services as soon as practicable.
(5) Process all reports received from other law enforcement agencies
concerning crimes committed by military personnel, involving military
property, or in which DOD has an interest.
[[Page 27]]
Subpart D--Joint Service Law Enforcement Operations (Not Applicable to
U.S. Navy)
Sec. 631.20 Organization.
In localities frequented by personnel of more than one Service,
installation commanders may consider the establishment of joint law
enforcement operations. Such operations may provide a more effective and
economical accomplishment of off-installation law enforcement. When such
operations are established, participating installation commanders will--
(a) Execute written agreements concerning the operations.
(b) Insure that each participating organization contributes its
proportionate share of personnel, equipment, and supporting facilities.
Sec. 631.21 Joint law enforcement operations.
The following procedures will apply when establishing joint law
enforcement operations:
(a) Personnel. Enlisted personnel selected for joint law enforcement
duty should meet the following qualifications:
(1) Be temperamentally suited for police duty and received training
or have experience in law enforcement.
(2) Be 19 years of age or older.
(3) Have no record of court-martial convictions or civilian offenses
other than minor traffic violations.
(4) Be at least 5 feet 4 inches tall.
(5) Meet General Classification Test (GCT) (or equivalent test)
score requirements of the parent Service for assignment to police duty.
(6) Possess a military motor vehicle operators license.
(7) Have at least 12 months remaining on current enlistment.
(b) Logistics. Personnel assigned to joint patrols will be equipped
as prescribed by their respective Service regulations or directives to
include the symbol of their law enforcement authority (badge or
brassard).
(c) Functions. Joint law enforcement operations will perform, at a
minimum, the following functions:
(1) Provide assistance to all Armed Forces personnel who are charged
with civil violations.
(2) Maintain liaison with civilian enforcement and judicial
agencies.
(3) Have the capability to receive military personnel apprehended by
civilian authorities.
(d) Duty assignments. Personnel assigned to perform joint operations
may be further assigned to perform duties in any of the following
functional areas:
(1) Police station operation (desk sergeants, desk clerks, radio
operators, etc.).
(2) Motor patrols necessary to conduct police and court liaison and
to transport military personnel from the local civilian police.
(3) Operations.
(4) Administration.
Appendix A to Part 631--Civil Agencies
A-1. American Social Health Association.
The American Social Health Association, upon request, provides
information and consultation in the fields of venereal disease and drug
abuse. Local AFDCBs desiring information should apply through one of the
following regional offices of the association:
Eastern Regional Director, 86 Farmington Ave., Hartford, CT 06105
Middle America Regional Director, 110 North High Street, Gahanna, OH
43230
Southern Regional Director, 173 Walton Street, NW., Atlanta, GA 30303
Western Regional Director, 785 Market Street, Rm. 1010, San Francisco,
CA 94103
A-2. United States Brewers Association.
a. The United States Brewers Association is the trade and public
relations agency of the organized brewing industry in the United States.
Upon request, it will assist military authorities within CONUS to
eliminate conditions detrimental to the health, morals, and welfare of
members of the Armed Forces in the cities and communities adjacent to
military installations.
b. This association conducts an Armed Forces cooperation program to
further ``self-regulation'' activities among beer dealers. It cooperates
with State and local law enforcement officials in the promotion and
maintenance of proper conditions in retail beer outlets throughout the
country. Its services are available to AFDCBs for furthering joint
action in the promotion of law observance and the maintenance of
conditions of cleanliness and decency in retail beer outlets patronized
by members of the Armed Forces.
c. Local sponsoring commanders requesting the assistance of the
Brewers Association may apply to the Director of Field Services,
[[Page 28]]
US Brewers Association, Inc., 1750 K Street NW., Washington DC 20006.
A-3. The National Environmental Health Association.
The National Environmental Health Association is a professional
organization representing various sanitary and environmental control
groups. It provides information and consultation on solid waste
management, air and water pollution, and other environmental health
matters. Military members of the association belong to the Uniform
Services Association of Sanitarians. All requests for assistance should
be directed to the military association at the national association
headquarters, 1600 Pennsylvania Ave., Denver, Colorado 80293.
A-4. The Federal Trade Commission.
The Federal Trade Commission was established in 1914 and is the
principal agency of the Government responsible for preventing deceptive
acts and practices in commerce. The Commission strives to keep
competition fair and free from deceptive advertisement of food, drugs,
cosmetics, therapeutic devices, catalog sales, and credit card
purchases. It strives to protect consumers against the circulation of
inaccurate or obsolete credit reports. Consumer Protection Specialists
are located at the national and regional offices to render assistance.
Regional offices are located in major metropolitan areas and frequently
conduct investigations of acts peculiar to local communities. Inquiries
should be made to the regional offices.
Appendix B to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide
B-1. General. This guide prescribes procedures for the
establishment, operation, and coordination of Armed Forces Disciplinary
Control Boards (AFDCBs). It is intended to insure uniformity of
operation. AFDCB proceedings are not considered to be adversary in
nature.
B-2. Meetings.
a. Regular meetings will be held once each quarter or as designated
by the president. The sponsoring commander may specify whether the
meetings, as scheduled, will be open or closed. If not specified, the
decision is within the discretion of the president of the board.
Normally, proceedings are closed, but may be opened to the public when
circumstances warrant.
b. Special meetings may be called by the president of the board.
Except by unanimous consent of members present, final action will be
taken only on the business for which the meeting was called.
B-3. AFDCB composition.
a. Voting members will be selected according to paragraph 2-3 of
this regulation.
b. A majority of voting members constitutes a quorum for board
proceedings.
B-4. Attendance of observers or witnesses.
a. Representatives of the agencies listed below may be invited to
attend as observers or witnesses.
(1) American Social Health Association.
(2) United States Brewers Association.
(3) Federal Bureau of Investigation.
(4) United States Attorneys.
(5) State and local police.
(6) State and local departments of health.
(7) State and local VD control officers.
(8) State alcoholic beverage control authorities.
(9) State and local prosecutors.
(10) Consumer affairs personnel.
(11) State and local narcotics investigative agencies.
(12) Immigration and Naturalization Service.
(13) Members of Judiciary directly concerned with law enforcement.
(14) Drug Enforcement Administration.
(15) Bureau of Alcohol, Tobacco, and Firearms.
(16) US Customs Service.
(17) Chamber of Commerce.
(18) Better Business Bureau.
(19) State license beverage association.
(20) National Institute of Drug Abuse and National Institute on
Alcohol Abuse and Alcoholism.
(21) Adult probation department/social services.
(22) Any other representation deemed appropriate by the sponsoring
command, i.e., news media, union representatives, and so forth.
b. Witnesses and observers will be listed in the minutes of the
meeting if invited by the board to participate in that capacity.
c. Board action may be recommended by a majority vote of the voting
members present at a regular or special board meeting.
B-5. Appropriate areas for board consideration.
a. Boards will study and take appropriate action in connection with
all conditions detrimental to the good discipline, health, morals,
welfare, safety, and morale of Armed Forces personnel. This will
include, but not be limited to, the following:
(1) Crime and misconduct.
(2) Narcotics, marihuana, dangerous drugs, and drug abuse
paraphernalia.
(3) Liquor violations.
(4) Excessive number of unauthorized absences.
(5) Gambling (when in violation of State or local law).
(6) Military and civilian relationships that may be detrimental to
service personnel.
(7) Unsanitary and other adverse conditions in establishments
frequented by Armed Forces personnel.
(8) Off-installation/base safety problems.
(9) Unethical or illegal business practices.
(10) Prostitution and venereal disease.
[[Page 29]]
(11) Discriminatory practices.
(12) Other health hazards.
b. The board will immediately forward to the local commander
concerned the circumstances reported to the board involving
discrimination based on race, color, sex, religion, age, or national
origin.
B-6. Off-limits procedures.
a. Off-limits restrictions should be invoked only when there is
substantive information indicating that an establishment or area
frequented by Armed Forces personnel presents conditions which adversely
affect the health, safety, welfare, morale, or morals of such personnel.
It is essential that boards do not act arbitrarily; actions must not be
of a punitive nature. Boards should work in close cooperation with local
officials and proprietors of business establishments and seek to
accomplish their mission through mutually cooperative efforts. Boards
should encourage personal visits by local military and civilian
enforcement or health officials to establishments considered below
standard. AFDCBs should point out unhealthy conditions or undesirable
practices to establishment owners or operators in order to produce the
desired corrective action.
b. Prior to initiating routine off-limits action, the local
commander will attempt to correct any situation which adversely affects
the welfare of Armed Forces personnel. This will be done through contact
with community leaders.
c. Unless emergency conditions exist which are extremely harmful to
Armed Forces personnel, an establishment will not be recommended for
off-limits action until the proprietor has been--
(1) Notified in writing of the adverse condition/circumstances.
(2) Given an opportunity to be heard and a reasonable time in which
to correct deficiencies.
d. If the board decides to attempt to investigate or inspect an
establishment, the president or a designee will prepare and submit a
report of findings and recommendations at the next meeting. This will
insure complete and documented information concerning doubtful adverse
conditions.
e. When the board concludes that conditions adverse to Armed Forces
personnel do exist, the owner or manager will be sent a letter of
notification (annex A). This letter will advise him or her to raise
standards and that, if such conditions or practices continue, off-limits
proceedings will be initiated. In cases involving discrimination, the
board should not rely solely on letters written by the Equal Opportunity
Office and Military Affairs Committee or investigations of alleged
racial discrimination. The AFDCB should send letters to the proprietor,
informing him or her that off-limits action is being considered and
inviting him or her to the next board meeting. Boards should send
letters directly to the proprietors when any off-limits action is being
considered. If a proprietor takes remedial action to correct undesirable
conditions previously noted, the board should send a letter of
appreciation (annex B). Any correspondence with the individuals
responsible for adverse conditions leading to off-limits action will be
by certified mail.
f. If the undesirable conditions are not corrected, an invitation
(annex C) will be written to the proprietor. This letter will invite the
proprietor to appear before the board to explain why the establishment
should not be placed off-limits. The proprietor may designate, in
writing, individual(s) to represent him or her at the board.
g. In cases where proprietors have been invited to appear before the
board, the president of the board will perform the following actions:
(1) Prior to calling the proprietor--
(a) Review the findings and decision of the previous meeting.
(b) Call for inspection reports.
(c) Afford an opportunity to those present to ask questions and
discuss the case.
(2) When the proprietor and/or his or her counsel is called before
the board--
(a) Present the proprietor with a brief summary of the complaint
concerning his or her establishment.
(b) Afford the proprietor an opportunity to present matters in
defense of the allegation.
(c) Offer those present an opportunity to question the proprietor.
After the questioning period, provide the proprietor a final opportunity
to make an additional statement or to make commitments concerning his or
her willingness to cooperate.
(3) After excusing the proprietor from the meeting, the president
and board will discuss suggestions and recommendations for disposition
of the case in closed session.
h. No member of a board shall reprimand or admonish in any degree a
person appearing before a board. Board members do not have jurisdiction
over such individuals. Off-limits actions are designed solely for the
protection of Armed Forces personnel and are used as a last resort when
all other means have failed.
i. The board should recommend that the offending establishment be
placed off-limits only after the following:
(1) The letter of notification (annex A) has been sent.
(2) An opportunity to appear before the board has been extended.
(3) Further investigation indicates that improvements have not been
made.
j. The minutes will indicate a board's action in disposing of each
case. When a recommendation is made that an establishment be placed off-
limits, the minutes will show the procedural steps followed in reaching
the decision.
[[Page 30]]
k. Recommendations of the board will be submitted to the sponsoring
commander for consideration. The recommendations will then be forwarded
to the other installation commanders who furnish board representation
(annex D). If no objection to the recommendations is received within 10
days, the sponsoring commander will either approve or disapprove the
recommendations. He will then forward this decision to the board
president.
l. Upon approval of the board's recommendations, the president will
dispatch a declaration that the off-limits restriction has been imposed
(annex E).
m. No definite time limit should be specified when an off-limits
restriction is invoked. The adequacy of the corrective action taken by
the proprietor of the establishment must be the determining factor in
removing an off-limits restriction.
n. Military commanders have no authority to post off-limits signs on
private property. Appropriate civil officials may post private property
when informed by military authorities that an establishment or area has
been declared off-limits to Armed Forces personnel.
o. Emergency off-limits action: In emergencies, commanders may
temporarily declare establishments or areas off-limits to Armed Forces
personnel subject to their jurisdiction. They must then report the
circumstances immediately to the commander sponsoring the board.
Detailed justification for this emergency action will be provided to the
board for its use.
B-7. Removal of off-limits restrictions.
a. Removal of an off-limits restriction requires board action.
Proprietors of establishments declared off-limits should be advised that
they may appeal to the appropriate board at any time. In their appeal,
they should submit the reason why, in their opinion, the restriction
should be removed. A letter of notification of continuance of off-limits
restriction should be sent to the proprietor if the board does not
favorably consider removal of an off-limits restriction (annex F). If,
after exhausting all appeals at the board/local sponsoring commander
level, the proprietor is not satisfied with those decisions, his or her
case will be forwarded to the next higher commander of the sponsoring
commander for review and resolution. Boards should make at least
quarterly inspections of off-limits establishments. A statement that an
inspection has been made should be reflected in their minutes.
b. When it has been determined that adequate corrective measures
have been taken by the owner or manager of an establishment or area to
meet the requirements for good discipline, health and welfare of Armed
Forces personnel, the appropriate board will take the following actions:
(1) Discuss the matter at the next meeting and make an appropriate
recommendation.
(2) Forward recommendation for removal of off-limits restriction to
the sponsoring commander. If the recommendation is approved, dispatch a
letter of removal of off-limits (annex G or H).
(3) Record what action was taken in the minutes of the board
meeting.
B-8. Duties of the president of the board.
The president of the board will--
a. Schedule and preside at all meetings of the board and sign
appropriate correspondence.
b. Prepare an agenda prior to each regular meeting and insure its
distribution to each voting member at least 7 days prior to the meeting.
c. Be responsible for the preparation and distribution of the
minutes of all meetings and for maintenance of appropriate records and
files pertaining to AFDCB activities. (See para. 2-6e.)
d. Inform members of any special meeting and its purpose as far in
advance as possible.
e. Prepare and distribute to major commands a copy of the minutes of
each meeting.
f. Supervise the recorder in performance of all administrative
duties as required.
B-9. Minutes.
a. Annex I is a guide for the preparation of the minutes of board
meetings. Minutes will be prepared in accordance with administrative
formats for minutes of meetings prescribed by the Service of the
sponsoring commander. The written minutes of board meetings will be
deemed the official record of board meetings. Verbatim transcripts of
board meetings are not required. The reasons for approving or removing
an off-limits restriction, to include a complete address of the
establishment or area involved, should be indicated in the order of
business. In addition, the board's action will be shown in order of
sequence, such as dispatch of letter of notification, appearance before
board, recommendation to local sponsoring commander, or action taken by
local sponsoring commander. Change in the name of an establishment or
areas in an off-limits status will also be included.
b. Distribution of the minutes of board meetings will be limited to
the following:
(1) Each voting member, sponsoring command and other commands, and
installations represented on or serviced by the board.
(2) Each civilian and military advisory member, if deemed
appropriate.
(3) Civilian and Government agencies, within the State in which
member installations are located, having an interest in the functions of
the board, if appropriate.
c. The minutes of the board meeting, containing the board's
recommendations, will be forwarded in writing to the sponsoring
commander. The minutes will be accompanied by
[[Page 31]]
a request that the recommendations be approved for implementation. The
sponsoring commander will, by written indorsement to the president of
the board, approve or disapprove the minutes and recommendations.
d. Board minutes are subject to the release and disclosure
provisions of DOD Directive 5400.7 and implementing Service regulations.
B-10. Installation commander and board relationship.
Military installation commanders within a board's areas of
responsibility must be thoroughly acquainted with the mission and
services provided by AFDCBs. Board members should keep their respective
commanders informed of command responsibility pertaining to board
functions and actions.
B-11. Public affairs.
a. Because of the sensitive nature of subject matter discussed, no
public announcement will be initiated in connection with board meetings.
However, any board proceeding which is open to the public will also be
open to representatives of the news media. Representatives of the news
media will be considered as observers and will not participate in the
discussion of matter considered by the board. Members of the news media
may be invited to participate in an advisory status in coordination with
the Public Affairs Officer.
b. News media interviews and releases will be handled through the
Public Affairs Offices in accordance with this regulation and AR 360-5.
Annex A--Letter of Notification
(Letterhead)
(Appropriate AFDCB)
Proprietor
--______________________________________________________________________
--______________________________________________________________________
--______________________________________________________________________
Dear Sir: As President of the Armed Forces Disciplinary Control
Board, it is my duty to inform you of certain undesirable conditions
reported at your establishment which adversely affect the health and
welfare of personnel in the Armed Forces. It has come to the attention
of the board that (cite pertinent information). You are advised that it
will be necessary for this board to initiate action to determine whether
your establishment should be placed off-limits to personnel of the Armed
Forces if the above cited undesirable condition(s) is (are) not
eliminated. (Include if applicable). Within (cite period), a
representative of this board will visit your establishment in order to
determine if steps have been taken to correct the conditions outlined
above.
Sincerely,
------------,
President, AFDCB.
(Note: When sent by mail, send letter by CERTIFIED MAIL, RETURN
RECEIPT REQUESTED.)
Annex B--Letter of Appreciation
(Letterhead)
(Appropriate AFDCB)
Proprietor
--______________________________________________________________________
--______________________________________________________________________
--______________________________________________________________________
Dear Sir:
Reference is made to my letter dated -------- concerning certain
undesirable conditions reported at your establishment which adversely
affect the health and welfare of personnel in the Armed Forces.
The board appreciates your action in correcting the deficiencies
previously noted. In view of this fact, the board contemplates no
further action with respect to this matter at the present time.
The board hopes that you will continue to operate your establishment
in the manner which will benefit the health and welfare of Service
personnel. Your continued cooperation is solicited.
Sincerely,
------------,
President, AFDCB.
Annex C--Letter of Invitation
(Letterhead)
(Appropriate AFDCB)
Proprietor
--______________________________________________________________________
--______________________________________________________________________
--______________________________________________________________________
PART 632--USE OF FORCE BY PERSONNEL ENGAGED IN LAW ENFORCEMENT AND SECURITY DUTIES--Table of Contents
Sec.
632.1 Purpose.
632.2 Applicability.
632.3 Policy.
632.4 Deadly force.
632.5 Use of firearms.
632.6 Administrative instructions.
Authority: 10 U.S.C. 3012.
Source: 48 FR 17074, Apr. 21, 1983, unless otherwise noted.
Sec. 632.1 Purpose.
This regulation implements DOD Directive 5210.65. It sets uniform
policy for use of force by DA law enforcement and security personnel.
[[Page 32]]
Sec. 632.2 Applicability.
(a) This regulation applies to all DA including Army National Guard
and Army Reserve and civilian personnel engaged in law enforcement or
security duties, and those civilian contract guard personnel performing
security duties. These duties include guarding U.S. Military prisoners
and interior guard duties.
(b) Except for personnel guarding U.S. military prisoners, this
regulation does not apply to persons assigned to--
(1) A wartime combat zone.
(2) A non-wartime hostile fire area.
(3) Duties with the U.S. Secret Service.
(4) Civil disturbance control. (See para 4-12, FM 19-15.)
Sec. 632.3 Policy.
(a) Law enforcement and security personnel will use force only when
they cannot fulfill their duties without it. They will use the minimum
force needed; only as a last resort will they use deadly force. (See
Secs. 632.3(c), 632.4, and 632.5.)
(b) Commanders are encouraged to substitute nonlethal devices (such
as night sticks) for firearms when adequate for law enorcement and
security personnel to safely fulfill their duties.
(c) In evaluating the degree of force needed for specific law
enforcement or security situations, consider these options:
(1) Verbal persuasion.
(2) Unarmed defense techniques.
(3) Chemical aerosol irritant projectors (M36). (May be subject to
host nation or local restrictions.)
(4) MP club.
(5) MP working dogs.
(6) Deadly force. (Sec. 632.4)
(d) Entrapment, i.e., inducing someone to commit an offense in order
to prosecute that person, is not permitted in law enforcement or
security duties.
(e) Use MP working dogs in accordance with the provisions of AR 190-
12. Release dogs only if a lesser measure of force would not be
effective.
(1) Releasing a sentry dog to apprehend a suspect is a greater
measure of force than releasing a patrol dog.
(2) Before releasing a military dog for attack, give a challenge or
order to halt.
Sec. 632.4 Deadly force.
(a) Deadly force is destructive physical force directed against a
person or persons (e.g., firing a lethal weapon). Use it only in extreme
need, when all lesser means have failed or cannot reasonably be used.
Use deadly force for one or more of the following reasons only:
(1) In self-defense, when in imminent danger of death or serious
injury.
(2) To protect property related to national security, when
reasonably necessary to prevent--
(i) Threatened theft, damage, or espionage aimed at property or
information specified by a commander or other competent authority as
vital to national security. (See paragraph (b) of this section.)
(ii) Actual theft, damage, or espionage aimed at property or
information which, though not vital, is substantially important to
national security. (See paragraph (b) of this section.)
(iii) Escape of an individual whose unauthorized presence near
property or information vital to national security is a reasonable
threat of theft, sabotage, or espionage.
(3) To prevent actual theft or sabotage of property (such as
operable weapons or ammunition) which could cause deadly harm to others
in the hands of an unauthorized person.
(4) To prevent serious offenses against a person or persons (e.g.,
armed robbery, rape, or violent destruction of property by arson,
bombing).
(5) To apprehend a suspect believed to have committed any of the
types of offenses named in paragraphs (a) (2), (3), and (4) of this
section.
(6) To prevent the escape of a prisoner (when authorized by a
commander or other competent authority and reasonably necessary).
(7) To obey lawful orders from higher authority governed by this
regulation.
(b) A commander or other competent authority will specify that
property or information is--
(1) Vital to national security only when its loss, damage, or
compromise would seriously harm national security or an essential
national defense mission.
(2) Substantially important to national security based on the
mission
[[Page 33]]
and the material or information required to perform it.
(c) To comply with local law or international agreement or
arrangements, a commander may impose further restrictions on using
deadly force. (Restrictions should not unduly compromise U.S. security
interests).
(d) Security criteria and standards for protection of nuclear
weapons (paragraph (c) of this section AR 50-5-1) and for chemical
agents (paragraph (c) of this section AR 50-6-1) also apply.
Sec. 632.5 Use of firearms.
(a) If it becomes necessary to use a firearm in any of the
circumstances described in Sec. 632.4 of this part, observe the
following precautions when possible:
(1) Give an order to halt before firing.
(2) Do not fire if shots are likely to harm innocent bystanders.
(3) Since warning shots could harm innocent bystanders, avoid firing
them. However, when lesser degrees of force have failed, the law
enforcement or security person may judge that warning shots would help
to control the situation without using deadly force. If able to avoid
hazards to innocent persons in these cases, fire warning shots.
(4) Aim to disable. At times it may be difficult to fire with enough
precision to ensure disabling rather than killing. If the use of
firearms are otherwise authorized by this regulation, such circumstances
will not rule out their use.
Sec. 632.6 Administrative instructions.
(a) Commanders will ensure that all persons assigned to law
enforcement, security, or US military prisoners' guard duties will,
before performing these duties--
(1) Receive instructions on regulations regarding use of force.
(2) Show knowledge and skill in the use of--
(i) Unarmed defense techniques.
(ii) MP club.
(iii) Individual chemical aerosol irritant projectors.
(iv) Their assigned firearms.
(b) Commanders will also--
(1) Provide periodic refresher training to ensure continued
proficiency and updated knowledge in these skills. (Include applicable
host nation requirements.)
(2) Require MPs with law enforcement duties to qualify yearly with
their assigned handguns.
(3) Require interior guards to receive instructions regarding use of
force. (Give periodic refresher training to ensure continued familiarity
with regulations.)
(c) Requirements concerning use of the MP club and chemical aerosol
irritant projectors apply only when these weapons are issued items or
are carried on duty.
(d) FM 19-5 contains procedures and methods for using unarmed
defense techniques and the MP club.
PART 633--INDIVIDUAL REQUESTS FOR ACCESS OR AMENDMENT OF CID REPORTS OF INVESTIGATION--Table of Contents
Sec.
633.11 Access to CID reports.
633.12 Amendment to CID reports.
633.13 Submission of requests.
Authority: Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012.
Source: 44 FR 44156, July 27, 1979, unless otherwise noted.
Sec. 633.11 Access to CID reports.
All requests for access to CID reports made under the Privacy or
Freedom of Information Acts will be processed in accordance with AR 340-
21 and AR 340-17, respectively.
Sec. 633.12 Amendment to CID reports.
USACIDC reports of investigation (ROI) are exempt from the amendment
provisions of the Privacy Act and AR 340-21. Requests for amendment will
be considered only under the provisions of this regulation. Requests to
amend USACIDC reports will be granted only if the individual submits
new, relevant and material facts that are determined to warrant their
inclusion in or revision of the ROI. The burden of proof is on the
individual to substantiate the request. Requests to delete a person's
name from the title block will be granted only if it is determined that
there is not probable cause to believe
[[Page 34]]
that the individual committed the offense for which he or she is listed
as a subject. It is emphasized that the decision to list a person's name
in the title block of a USACIDC report of investigation is an
investigative determination that is independent of whether or not
subsequent judicial, nonjudicial or administrative action is taken
against the individual. Within these parameters, any changes in the ROI
rest within the sole discretion of the Commanding General. USACIDC,
whose decision will constitute final action on behalf of the Secretary
of the Army with respect to this regulation.
Sec. 633.13 Submission of requests.
Requests for access to or amendment of USACIDC investigative reports
will be forwarded to Commander, USACIDC, ATTN: CIJA-RI, 5611 Columbia
Pike, Falls Church, VA 22041.
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.
[[Page 35]]
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.
[[Page 36]]
(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.
[[Page 37]]
(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.
[[Page 38]]
(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
[[Page 39]]
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
[[Page 40]]
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
[[Page 41]]
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
[[Page 42]]
(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
[[Page 68]]
Delegation of Authority to the Secretary of Defense
1. Purpose. This delegation authorizes the Secretary of Defense to
assist in controlling vehicular and pedestrian traffic on military
installations in the United States.
2. Effective date. This delegation became effective on March 20,
1961.
3. Delegation.
a. Pursuant to the authority vested in me by the Federal Property
and Administrative Services Act of 1949 (63 Stat. 377), as amended, and
the Act of June 1, 1948 (62 Stat. 281), as amended, authority is hereby
delegated to the Secretary of Defense to make all needful rules and
regulations, and to attach to these rules and regulations such
reasonable penalties, not to exceed those prescribed in 40 U.S.C. 318c,
as will ensure their enforcement for governing vehicular and pedestrian
traffic on military installations of the Department of Defense, as
defined in 40 U.S.C. 612, in the United States and over which the United
States has exclusive or concurrent legislative jurisdiction.
b. The Secretary of Defense may redelegate this authority to any
officer, official, or employee of the Department of Defense.
c. This authority shall be exercised in accordance with the
limitations and requirements of the above-cited acts, and the policies,
procedures, and controls prescribed by the General Services
Administration.
4. Effect on other directives. FPMR Temporary Regulation D-28 is
revoked.
Dated: June 24, 1981.
(Signed) Gerald P. Carmen,
Administrator.
Appendix D to Part 634--Glossary
Section I
Abbreviations
ADAPCP
Alcohol and Drug Abuse Prevention and Control Program
ADCO
Alcohol and Drug Control Officer
ASAP
Alcohol Safety Action Projects
BAC
blood alcohol content
CAAC
Counseling and Assistance Center
CAIG
centralized accident investigation, ground
CFR
Code of Federal Regulations
CG
commanding general
CONUS
continental United States
DA
Department of the Army
DLA
Defense Logistics Agency
DOD
Department of Defense
DOT
Department of Transportation
HQDA
Headquarters, Department of the Army
MPMIS
Miliatry Police Management Information System
MTMCTEA
Military Traffic Management Command Transportation Engineering
Agency
NADSAP
Navy Alcohol and Drug Safety Action Program
NAF
nonappropriated fund
NHSPS
National Highway Safety Program Standards
NHTSA
National Highway Traffic Safety Administration
POV
privately owned vehicle
SOFA
status of forces agreement
SOP
standing operating procedure
STAMIS
Standard Army Management Information System
TRADOC
U.S. Army Training and Doctrine Command
UCMJ
Uniform Code of Military Justice
USAF
United States Air Force
USC
United States Code
USMC
United States Marine Corps
USN
United States Navy
Section II
Terms
Active Duty Personnel
Military personnel, whether Active Army, U.S. Army Reserve, or Army
National Guard of the United States, who are on active duty under Title
10, United States Code.
Alcohol Safety Action Program (ASAP)
A program sponsored by a State, in cooperation with the NHTSA, to
reduce highway deaths, injuries, and property damage resulting from
traffic accidents in which alcohol is a major contributing factor.
[[Page 69]]
Army Drug and Alcohol Prevention and Control Program (ADAPCP)
An Army program that provides for alcohol and drug problems
(appropriate education or treatment).
Chemical Breath-testing Device
An instrument using photoelectric or other physical or chemical
means to quantitatively determine blood-alcohol concentrations.
Collision Diagram
A plan of an intersection or section of roadway on which reported
accidents are diagrammed by means of arrows showing manner of collision.
Condition Diagram
A scale drawing of an intersection or section of roadway that shows
all objects and physical conditions that bear on traffic movement and
safety.
Conviction
A final adjudication that may include one or more of the following:
a. An unvacated forfeiture of bail or collateral deposited to secure
a defendant's appearance-in-court.
b. Pleas of nolo contendere accepted by a court.
c. Payment of a fine.
d. Pleas of guilty or finding of guilty on a charge of violating.
State, Federal, or host nation civil law; or the UCMJ.
e. Judicial or nonjudicial punishment imposed under the UCMJ.
Driver
Any person who drives or is in physical control of a motor vehicle.
A driver is in physical control when in position to control the motor
vehicle, whether to regulate or restrain its operation or movement. For
example, sitting in a parked car behind the steering wheel, keeping it
in restraint or in a position to control its movement. The word
``driver'' is interchangeable with the word ``operator.''
Driver's License
A license to operate a motor vehicle under the laws of a State, the
District of Columbia, a U.S. territory or possession, a host country, or
under international agreements (international driver's license). Also, a
vehicle operator's permit issued by an agency of the U.S. Government, or
an overseas command.
Driving Privilege
The privilege extended by an installation commander to a person
permitting the operation of a motor vehicle within the limits of the
installation.
General Officer
A term used to describe officers in the military grade of 0-7 or
above, including officers frocked to the grade of, in the Army, Air
Force, Marine Corps, or Navy.
General Officer Letter of Reprimand
A memorandum or letter of reprimand, administrative in nature,
prepared in accordance with AR 600-37 and signed by any officer serving
in the grade of 0-7 or above in the Army, Air Force, Marine Corps, or
Navy.
Government Motor Vehicle
A motor vehicle owned, rented, or leased by DOD. This includes
vehicles owned, rented, or leased by NAF activities of the military
departments and DOD.
High Accident Frequency Location
A location, intersection, or length of roadway, normally not more
than one-half mile in length, where an unusually high number of
accidents have occurred.
Host Nation
Any foreign country or possession in which an installation is
located.
Installation or Activity Commander
A term applied equally to CONUS installation commanders and overseas
community commanders.
Intoxicated Driving
Includes one or more of the following:
a. Driving, operating, or being in actual physical control of a
motor vehicle under any intoxication caused by alcohol or drugs in
violation of Article 111 of the UCMJ or a similar law of the
jurisdiction in which the vehicle is being operated.
b. Driving, operating, or being in actual physical control of a
motor vehicle with a BAC of 0.10 or higher on a military installation or
in an area where traffic operations are under military supervision.
c. Driving, operating, or being in actual physical control of a
motor vehicle with a BAC of 0.10 or higher in violation of the law of
the jurisdiction in which the vehicle is being operated.
d. Driving, operating, or being in actual physical control of a
motor vehicle with a BAC of 0.05 but less than 0.10 in violation of the
law of the jurisdiction in which the vehicle is being operated if the
jurisdiction imposes a suspension or revocation solely on the basis of
the BAC level.
[[Page 70]]
Law Enforcement Personnel (Officials)
Persons under supervision of the installation law enforcement
officer who are authorized to direct, regulate, and control traffic, and
to apprehend or arrest violators of laws or regulations. They are
usually identified as military police, security police, civilian guards,
or DOD police.
Major Command/Major Commanders
The level of command between the base, installation, or community
commander and the Service headquarters.
Moped
Any two or three-wheel device having operative capability by--
a. Human propulsion power (or no pedals if powered solely by
electrical energy).
b. An automatic transmission.
c. A motor that produces less than two gross brake horsepower, and--
(1) Propels the device at a maximum speed of not more than 30 miles
per hour on level ground.
(2) Has a maximum engine size of 50 cubic centimeters.
Motorcycle
Every motor vehicle that has a seat or saddle for use of the rider
and is designed to travel on not more than three wheels in contact with
the ground. Tractors and Mopeds are excluded.
Motor Vehicle
Any vehicle driven or drawn by mechanical power, and manufactured
primarily for use on public streets, roads, and highways.
(Vehicles operated only on a rail or rails are excluded.)
Motor Vehicle Registration
The process of issuing registration certificate and registration
plates for a motor vehicle under the law of a State (State
registration). The term also applies to the registration form and
identification media issued by a host nation or overseas command, or per
this regulation for a motor vehicle authorized to operate on a military
installation in the United States or its territories.
Motor Vehicle Traffic Accident
An unintended event causing injury or damage, and involving one or
more motor vehicles on a highway, road, or street that is publicly
maintained and open for public vehicular travel. Motor vehicle traffic
accident classification. The classification of traffic accidents
according to severity of injuries or property damage sustained. Major
classifications include the following:
a. Severity of injury.
(1) Fatal accident. A motor vehicle accident that results in fatal
injuries to one or more personnel. A fatal injury is one that results in
death within 12 months of the accident causing the injury.
(2) Incapacitating injury. An injury, other than fatal, that
prevents the injured person from walking, driving, or normally
continuing the activities that he or she was capable of performing
before the accident. Examples are severe lacerations, broken or
distorted limb, skull fracture, crushed chest, internal injury,
unconsciousness when taken from the accident scene, or inability to
leave the accident scene without help.
(3) Nonincapacitating evident injury. An injury, other than fatal
and incapacitating, that is evident to any person at the scene of the
accident. Examples are lump on head, abrasions, or minor lacerations.
(4) Possible injury. An injury reported or claimed that is not a
fatal, incapacitating, or nonincapacitating evident injury. Examples are
momentary unconsciousness, claim of injuries that are not evident,
limping, or complaint of pain, nausea, or hysteria.
b. Severity of vehicle damage.
(1) Disabling damage. Any damage to a vehicle such that it cannot be
driven (or towed in the case of trailers) from the scene of the accident
in the usual manner by daylight after simple repairs, and without
further damage or hazard to itself, other traffic elements, or the
roadway.
(2) Functional damage. Any nondisabling damage to a vehicle that
affects operation of the vehicle or its parts. Examples are doors,
windows, hood, and trunk lids that will not operate properly; broken
glass that obscures vision; or any damage that could prevent the motor
vehicle from passing an official motor vehicle inspection.
(3) Other motor vehicle damage. Any damage to a vehicle that is
neither disabling nor functional damage. Such damage usually affects
only the load on the vehicle or the appearance of the motor vehicle.
Examples are damage to hubcaps, trim, or grill; glass cracks that do not
interfere with vision; dents; scratches; body punctures; or damage to
load.
Moving Violation
A violation of any traffic law, ordinance, or regulation while
operating a vehicle. Moving violations typically involve one or both of
the following:
a. Unsafe act. An act or omission in traffic that is hazardous.
b. Unsafe condition. Causing or permitting an illegal and possibly
hazardous condition of--
(1) Highways, roads, or streets used by traffic.
(2) Vehicles used in traffic.
(3) A pedestrian or driver in traffic.
[[Page 71]]
Navy Alcohol and Drug Safety Action Program (NADSAP)
A Navy program that provides a means to identify Navy personnel
involved in alcohol-related situations, within the legal and medical
systems, at the earliest indication of alcohol misuse or alcoholism.
Pedicycle
A vehicle operated solely by pedals and propelled by human power.
Pedestrian
Any person not in or on a motor vehicle or other road vehicle.
Reciprocity
Reciprocal action between State or host nation and military
authorities to suspend or revoke a person's OF 46, installation driving
privilege, or State, host nation, or overseas command driver's license
based on action initiated by either authority.
Revocation of Driver's License
The termination by formal action of State, host nation, or overseas
command authority of a person's license or privilege to operate a motor
vehicle on the public roadways. This termination is not subject to
renewal or restoration except that application may be presented and
acted on by the State, host nation, or overseas command authority after
the expiration of the period set by State or host nation law or overseas
command regulation.
Revocation of Driving Privileges
Action taken by an installation commander to terminate a privilege
to operate a motor vehicle on a military installation. State One of the
U.S. States, the District of Columbia, the Commonwealth of Puerto Rico,
and the territory of Guam.
Suspension of Driver's License
The temporary withdrawal by formal action of State, host nation, or
overseas command authority of a person's license or privilege to operate
a motor vehicle on the public highways.
Suspension of Driving Privileges
The temporary withdrawal by an installation commander of a person's
privilege to operate a motor vehicle on a military installation for up
to 12 months. Privileges normally are automatically restored on the day
after the date the suspension ends.
Traffic
Pedestrians, ridden or herded animals, vehicles, street cars, and
other conveyances, either singly or together, using any roadway.
Traffic Control Devices
Signs, signals, markings, lights, and devices placed by a proper
official to regulate, warn, or guide traffic.
Traffic Engineering
Planning and geometric design of streets, highways, and abutting
lands, and matters concerned with traffic operations on them related to
the safe, convenient, and economical transportation of persons and
goods.
Traffic Laws
All laws, ordinances, and regulations concerning roadway traffic,
including regulations on weight, size, and type of vehicles and vehicle
cargo.
PART 636--MOTOR VEHICLE TRAFFIC SUPERVISION (SPECIFIC INSTALLATIONS)--Table of Contents
Sec.
636.0 Scope of this part.
Subpart A--Fort Stewart, Georgia
636.1 Responsibilities.
636.2 Program objectives.
636.3 Suspension or revocation of driving privileges.
636.4 Administrative due process for suspensions and revocations.
636.5 Army administrative actions against intoxicated drivers.
636.6 Remedial driver training program.
636.7 Extensions of suspensions and revocations.
636.8 Registration policy.
636.9 Registration requirement.
636.10 Hunter Army Airfield vehicle registration.
636.11 Installation traffic codes.
636.12 Traffic accident investigation.
636.13 Traffic accident investigation reports.
636.14 Parking.
636.15 Traffic violation reports.
636.16 Detection, apprehension, and testing of intoxicated drivers.
636.17 Compliance with State laws.
636.18 Driving records.
636.19 Point system application.
636.20 Point system procedures.
636.21 Obedience to official traffic control devices.
636.22 Speed regulations.
636.23 Turning movements.
636.24 Driving on right side of roadway; use of roadway.
636.25 Right-of-way.
636.26 Pedestrian's rights and duties.
636.27 Regulations for bicycles.
636.28 Special rules for motorcycles/mopeds.
[[Page 72]]
636.29 Go-carts, minibikes, and All Terrain Vehicles (ATV's).
636.30 Stopping, standing and parking.
636.31 Abandoned vehicles.
636.32 Miscellaneous instructions.
636.33 Vehicle safety inspection criteria.
636.34 Restraint systems.
636.35 Headphones and earphones.
636.36 Alcoholic beverages.
636.37 Use of ``Denver Boot'' device.
636.38 Impounding privately owned vehicles (POVs).
Appendix A to Part 636-References
Appendixes B-C to Part 636 [Reserved]
Appendix D to Part 636-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 28077, June 19, 1991, unless otherwise noted.
Sec. 636.0 Scope of this part.
This part contains regulations which are in addition to the motor
vehicle supervision regulations contained in 32 CFR part 634. Each
subpart in this part contains additional regulations specific to the
named installation.
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
[[Page 73]]
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
[[Page 81]]
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.
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(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).
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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.
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(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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