[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Rules and Regulations]
[Pages 18969-18989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7165]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 634

RIN 0702-AA43


Motor Vehicle Traffic Supervision

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Army is publishing our rule concerning 
motor vehicle traffic supervision. The regulation prescribes policies 
and procedures on motor vehicle traffic supervision on military 
installations in the continental United States and overseas areas, 
including registration of privately owned vehicles; granting, 
suspending, or revoking the privilege to operate a privately owned 
vehicle on a military installation; administration of the vehicle 
registration program; driver improvement programs; police traffic 
supervision; and off-installation traffic activities.

DATES: Effective Date: May 12, 2005.

ADDRESSES: Headquarters, Department of the Army, Office of the Provost 
Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon, Washington, DC 
20310-2800.

FOR FURTHER INFORMATION CONTACT: Nathan Evans, (703) 693-2126.

SUPPLEMENTARY INFORMATION:

A. Background

    In the December 21, 2004, issue of the Federal Register (69 FR 
76526) the Department of the Army issued a proposed rule to publish 32 
CFR part 634. This final rule prescribes procedures and 
responsibilities for motor vehicle traffic supervision. The Department 
of the Army received a response from one commentor. No substantive 
changes were requested or made. The Department of the Army has added 
one section since the publication of this part as a proposed rule. 
Section 634.25(c)(3) was modified to incorporate Department of Defense 
guidance concerning driving while using a cell phone.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the final rule does not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the final rule does not 
include a mandate that may result in estimated costs to State, local or 
tribal governments in the aggregate, or the private sector, of $100 
million or more.

D. National Environmental Policy Act

    The Department of the Army has determined that the National 
Environmental Policy Act does not apply because the final rule does not 
have an adverse impact on the environment.

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the final rule does not involve 
collection of information from the public.

F. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the final rule does not impair private 
property rights.

G. Executive Order 12866 (Regulatory Planning and Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 this final rule is not a 
significant regulatory action. As such, the final rule is not subject 
to Office of Management and Budget review under section 6(a)(3) of the 
Executive Order.

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045 this final rule does not 
apply.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 this final rule does not 
apply because it will not have a substantial effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.

Jeffery B. Porter,
Chief, Law Enforcement Policy and Oversight Section.

List of Subjects in 32 CFR Part 634

    Crime, Investigations, Law, Law enforcement, Law enforcement 
officers, Military law, Penalties.


0
For reasons stated in the preamble the Department of the Army revises 
32 CFR part 634 to read as follows:

PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION

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.
634.9 Suspension or revocation of driving or privately owned vehicle 
registration privileges.
634.10 Remedial driver training programs.
634.11 Administrative due process for suspensions and revocations.
634.12 Army administrative actions against intoxicated drivers.
634.13 Alcohol and drug abuse programs.
634.14 Restoration of driving privileges upon acquittal of 
intoxicated driving.

[[Page 18970]]

634.15 Restricted driving privileges or probation.
634.16 Reciprocal State-Military action.
634.17 Extensions of suspensions and revocations.
634.18 Reinstatement of driving privileges.
Subpart C--Motor Vehicle Registration
634.19 Registration policy.
634.20 Privately owned vehicle operation requirements.
634.21 Department of Defense Form 2220.
634.22 Termination or denial of registration.
634.23 Specified consent to impoundment.
Subpart D--Traffic Supervision
634.24 Traffic planning and codes.
634.25 Installation traffic codes.
634.26 Traffic law enforcement principles.
634.27 Speed-measuring devices.
634.28 Traffic accident investigation.
634.29 Traffic accident investigation reports.
634.30 Use of traffic accident investigation report data.
634.31 Parking.
634.32 Traffic violation reports.
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 General off installation traffic activities.
634.41 Compliance with State laws.
634.42 Civil-military cooperative programs.
Subpart E--Driving Records and the Traffic Point System
634.43 Driving records.
634.44 The traffic point system.
634.45 Point system application.
634.46 Point system procedures.
634.47 Disposition of driving records.
Subpart F--Impounding Privately Owned Vehicles
634.48 General.
634.49 Standards for impoundment.
634.50 Towing and storage.
634.51 Procedures for impoundment.
634.52 Search incident to impoundment based on criminal activity.
634.53 Disposition of vehicles after impoundment.
Subpart G--List of State Driver's License Agencies
634.54 List of State Driver's License Agencies.

    Authority: 10 U.S.C. 30112(g); 5 U.S.C. 2951; Pub. L. 89-564; 
89-670; 91-605; and 93-87.

Subpart A--Introduction


Sec.  634.1  Purpose.

    (a) This subpart establishes 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 along with prescribed and 
referenced forms are listed in Appendix A, AR 190-5.


Sec.  634.3  Explanation of abbreviations and terms.

    Abbreviations and special terms used in this subpart are explained 
in the Glossary of AR 190-5. It is available on the internet at: 
www.usapa.army.mil.


Sec.  634.4  Responsibilities.

    (a) Departmental. The Provost Marshal General, Headquarters, 
Department of the Army (HQDA); Director, Naval Criminal Investigative 
Service, U.S. Navy (USN); Headquarters, Air Force Security Forces 
Center; Headquarters, U.S. Marine Corps (USMC); Staff Director, Command 
Security Office, Headquarters, Defense Logistics Agency (DLA), and 
Chief, National Guard Bureau will--
    (1) Exercise staff supervision over programs for motor vehicle 
traffic supervision.
    (2) Develop standard policies and procedures that include 
establishing an automated records program on traffic supervision.
    (3) Maintain liaison with interested staff agencies and other 
military departments on traffic supervision.
    (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 the 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 host nation efforts to reduce 
intoxicated driving.
    (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 implement all provisions of this part.
    (d) Commanding General, U.S. Army Training and Doctrine Command 
(CG, TRADOC). The CG, TRADOC will ensure that technical training for 
functional users is incorporated into service school instructional 
programs.
    (e) Installation or activity commander, Director of Military 
Support and State Adjutant General. The installation or activity 
commander (for the Navy, the term installation shall refer to either 
the regional commander or installation commanding officer, whoever has 
ownership of the traffic program) will--
    (1) Establish an effective traffic supervision program.
    (2) Cooperate with civilian police agencies and other local, state, 
or federal government agencies concerned with traffic supervision.

[[Page 18971]]

    (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.
    (5) Ensure that active duty Army law enforcement personnel follow 
the provisions of AR 190-45 in reporting all criminal violations and 
utilize the Centralized Police Operations Suite (COPS) to support 
reporting requirements and procedures. Air Force personnel engaged in 
law enforcement and adjudication activities will follow the provisions 
of AFI 31-203 in reporting all criminal and traffic violations, and 
utilized the Security Forces Management Information Systems (SFMIS) to 
support reporting requirements and procedures.
    (6) Implement the terms of this part in accordance with the 
provisions of the Federal Service Labor-Management Relations Statute, 5 
U.S.C. Chapter 71.
    (7) Revoke driving privileges in accordance with this part.
    (f) Installation law enforcement officer. The installation law 
enforcement officer will--
    (1) Exercise overall staff responsibility for directing, 
regulating, and controlling traffic, and enforcing laws and regulations 
pertaining to traffic control.
    (2) Assist traffic engineering functions at installations by 
participating in traffic control studies designed to obtain information 
on traffic problems and usage patterns.
    (g) Safety officer. Safety officers 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, engineer officer or civil engineer at Air Force 
installations, in close coordination with the law enforcement 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 installation 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 Army.
    (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 
Surface Deployment and Distribution Command, 200 Stovall Street, 
Alexandria, VA 22332).
    (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 Substance Abuse Rehabilitation Program (SARP) 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.
    (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 Labor Relations Officer, Office of Human 
Resource, HQ DLA.
    (n) Alcohol/Drug Abuse Prevention Treatment (ADAPT) program. Air 
Force Commanders will refer personnel identified with alcohol/drug 
abuse problems to this program in accordance with established 
procedures.


Sec.  634.5  Program objectives.

    (a) The objectives of motor vehicle traffic supervision are to 
assure--
    (1) Safe and efficient movement of personnel and vehicles.
    (2) Reduction of traffic deaths, injuries, and property damage from 
traffic accidents. Most traffic accidents can be prevented. 
Investigation of motor vehicle accidents should examine all factors, 
operator status, vehicle condition, and supervisory control measures 
involved.
    (3) Integration of installation safety, engineering, legal, 
medical, and law enforcement resources into the installation traffic 
planning process.
    (4) Removal of intoxicated drivers from installation roadways.
    (b) [Reserved]

Subpart B--Driving Privileges


Sec.  634.6  Requirements for driving privileges.

    (a) Driving a Government vehicle or POV on military installations 
is a privilege granted by the installation commander. Persons who 
accept the privilege must--
    (1) Be lawfully licensed to operate motor vehicles in appropriate 
classifications and not be under suspension or revocation in any state 
or host country.
    (2) Comply with laws and regulations governing motor vehicle 
operations on any U. S. military installation.
    (3) Comply with installation registration requirements in Subpart C 
of this part. Vehicle registration is required on all Army 
installations through use of the Vehicle Registration System (VRS). 
Vehicle registration is required on all Air Force and DLA installations 
and as directed by the Chief, National Guard Bureau.
    (4) Possess, while operating a motor vehicle and produce on request 
by law enforcement personnel, the following:
    (i) Proof of vehicle ownership or state registration if required by 
the issuing state or host nation.
    (ii) A valid state, host nation, overseas command, or international 
driver's license and/or OF 346 (U.S. Government Motor Vehicle 
Operator's Identification Card), as applicable to the class vehicle to 
be operated, supported by a DD Form 2A (U.S. Armed Forces 
Identification Card), Common Access Card (CAC) or other appropriate 
identification for non-Department of Defense (DOD) civilians.
    (iii) A valid record of motor vehicle safety inspection, as 
required by the state or host nation and valid proof of insurance if 
required by the state or locality.
    (iv) Any regulatory permits, or other pertinent documents relative 
to shipping and transportation of special cargo.
    (v) When appropriate, documents that establish identification and 
status of cargo or occupants.
    (vi) Proof of valid insurance. Proof of insurance consists of an 
insurance card, or other documents issued by the insurance company, 
that has a policy effective date and an expiration date.
    (b) Operators of Government motor vehicles must have proof of 
authorization to operate the vehicle.

[[Page 18972]]

Sec.  634.7  Stopping and inspecting personnel or vehicles.

    (a) Government vehicles may be stopped by law enforcement personnel 
on military installations based on the installation commander's policy.
    (1) In overseas areas, Government 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 
command policy.
    (b) 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 suspicion of criminal 
activity, or of a violation of a traffic regulation or of the 
installation commander's policy. Marine Corps users will be guided by 
publication of Marine Corps order and Military Rules of Evidence 311-
316 and local command regulations. DLA users, see DLAR 5700.7.
    (c) 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, Common Access Card (CAC), DD Form 1173 (Uniformed Services 
Identification and Privilege Card), DA Form 1602 (Civilian 
Identification), AF Form 354 (Civilian Identification Card), DD Form 2 
(Armed Forces of the United States Identification Card), post pass, 
national identity card, or other identification.
    (3) Proper POV registration documents.
    (4) Host nation vehicle registration documents, if applicable.
    (5) Authorization to operate a Government vehicle, if applicable.
    (6) Drivers license or OF 346 valid for the particular vehicle and 
area of operation.
    (7) Proof of insurance.


Sec.  634.8  Implied consent.

    (a) Implied consent to blood, breath, or urine tests. Persons who 
drive on the installation shall be deemed to have given their consent 
to evidential tests for alcohol or other drug content of their blood, 
breath, or urine when lawfully stopped, apprehended, or cited for any 
offense allegedly committed while driving or in physical control of a 
motor vehicle on military installations to determine the influence of 
intoxicants.
    (b) Implied consent to impoundment. Any person granted the 
privilege to operate or register a motor vehicle on a military 
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, or for unreasonable periods, as determined by the 
installation commander or applicable authority, interfering with 
military 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 these conditions will be determined by the installation 
commander or designee.
    (c) Any person who operates, registers, or who is in control of a 
motor vehicle on a military installation involved in a motor vehicle or 
criminal infraction shall be informed that notice of the violation of 
law or regulation will be forwarded to the Department of Motor Vehicles 
(DMV) of the host state and/or home of record for the individual, and 
to the National Register, when applicable.


Sec.  634.9  Suspension or revocation of driving or privately owned 
vehicle registration privileges.

    The installation commander or designee may for cause, or any lawful 
reason, 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 part.
    (a) Suspension. (1) Driving privileges are usually suspended when 
other measures fail to improve a driver's performance. Measures should 
include counseling, remedial driving training, and rehabilitation 
programs if violator is entitled to the 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. Aboard Navy installations, any vehicle parked 
in a fire lane will be towed at the owner's expense. Any vehicle parked 
without authorization in an area restricted due to force protection 
measures may subject the driver to immediate suspension by the 
installation commanding officer. Vehicle will be towed at the owner/
operator's expense.
    (2) The installation commander has discretionary power to withdraw 
the authorization of active duty military personnel, DOD civilian 
employees, and nonappropriated funds (NAF) employees, contractors and 
subcontractors to operate 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 the 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 information as specified in Sec.  634.11, installation 
driving privileges will be immediately suspended pending resolution of 
the intoxicated driving accident 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 .08 percent by volume (.08 grams per 100 milliliters) 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 0.05 percent by 
volume but less than 0.08 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 (as measured in grams per 100 milliliters).
    (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 available 
corrective actions fail to produce the desired driver improvement. 
Revocation of the driving privilege will be for a specified period, but 
never less than 6 months, applies at all military installations, and 
remains in effect upon reassignment.
    (2) Driving privileges are subject to revocation when an individual 
fails to comply with any of the conditions requisite to the granting 
privilege (see Sec.  634.6). Revocation of installation driving and 
registration privileges is authorized for military personnel, family 
members, civilian employees of

[[Page 18973]]

DOD, contractors, 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 driving under the influence 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, or installation traffic code, or by Service 
directive.
    (ii) A conviction, nonjudicial punishment, or a military or 
civilian administrative action resulting in the suspension or 
revocation of driver's license for intoxicated driving. Appropriate 
official documentation of such conviction is required as the basis for 
revocation.
    (4) When temporary suspensions under paragraph (a)(3) of this 
section 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 January 1, 2000 for a charge of intoxicated 
driving with a BAC of 0.14 percent. A hearing was held, extreme family 
hardship was substantiated, and privileges were restored on February 1 
pending resolution of the charge. On March 1, 2000, the driver was 
convicted for intoxicated driving. The mandatory 1-year revocation 
period will consist of January 2000 plus March 2000 through January 
2001, for a total of 12 months with no installation driving 
privileges).
    (c) Army provost marshals will use the automated VRS to develop and 
maintain records showing that an individual's driving privileges have 
been revoked.


Sec.  634.10  Remedial driver training programs.

    (a) Navy activities will comply with OPNAVINST 5100.12 Series, and 
Marine Corps activities with current edition of MCO 5100.19C for 
establishment of remedial training programs.
    (b) Installation commanders may establish a remedial driver-
training program to instruct and educate personnel requiring additional 
training. Personnel may be referred to a remedial program on the basis 
of their individual driving history or incidents requiring additional 
training. The curriculum should provide instruction to improve driving 
performance and compliance with traffic laws.
    (c) Installation commanders may schedule periodic courses, or if 
not practical, arrange for participation in courses conducted by local 
civil authorities.
    (d) Civilian personnel employed on the installation, contractor 
employees, and family members of military personnel may attend remedial 
courses on the installation, or similar courses off the installation 
which incur no expense to the government.


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 section apply. For Air Force users, 
a preliminary suspension for intoxicated driving remains in effect 
until the installation commander makes a final decision. Requested 
hearings must take place within a reasonable period, which is 
determined by the installation commander.
    (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 14 calendar days after written 
notice is received unless the affected person makes an application for 
a hearing within this period. Such application will stay the pending 
suspension or revocation for a period of 14 calendar days.
    (1) If, due to action by the government, a hearing is not held 
within 14 calendar 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 14-
day period, the suspension or revocation will become effective 
immediately on receipt of notice that the request for continuance has 
been granted, and remain in force pending a hearing at a scheduled 
hearing date.
    (2) If it is determined as a 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 return receipt for mail or 
delivery 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 14 calendar 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.  634.15.
    (4) If driving privileges are temporarily restored (i.e. for family 
hardship) pending resolution of charges, the period of revocation 
(after final authority determination) will still total the mandatory 12 
months. The final date of the revocation will be adjusted to account 
for the period when the violator's privileges were temporarily 
restored, as this period does not count towards the revocation time.
    (c) For drunk driving or driving under the influence 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 to include GS-11 and above, 
designated in writing by the installation or garrison commander whose 
primary duties are not in the field of law enforcement.
    (2) Reliable evidence includes witness statements, military or 
civilian police report of apprehension, chemical test results if 
completed, refusal to consent to complete chemical testing, videotapes, 
statements by the apprehended individual, field sobriety or preliminary 
breath tests results, and other pertinent evidence. Immediate 
suspension should not be based solely 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.

[[Page 18974]]

    (3) Reviews normally will be accomplished within the first normal 
duty day following final assembly of evidence.
    (4) 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. Air Force Security Forces personnel act 
in an advisory capacity to installation commanders. Review by the 
designated officer will follow as soon as practical 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.
    (5) For active duty military personnel, final written notice of 
suspension for intoxicated driving will be provided to the individual's 
chain of command for immediate presentation to the individual. Air 
Force Security Forces provide a copy of the temporary suspension to the 
individual at the time of the incident or may provide a copy of the 
final determination at the time of the incident, as pre-determined by 
the final action authority.
    (6) For civilian personnel, written notice of suspension for 
intoxicated driving will normally be provided without delay via 
certified mail. Air Force Security Forces personnel provide a copy of 
the temporary suspension to the individual at the time of the incident 
or may provide a copy of the final determination at the time of the 
incident, as pre-determined by the final action authority. 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.
    (7) Notices of suspension for intoxicated driving will include the 
following:
    (i) The fact that the suspension can be made a revocation under 
Sec.  634.9(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 14 calendar days of the final 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 Defense 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.
    (8) If a hearing is requested, it must take place within 14 
calendar days of receipt of 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 14 calendar 
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.
    (9) Hearing on suspension actions under Sec.  634.9(a) for drunk or 
impaired driving pending resolution of charges will cover only the 
following 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 
under the influence of alcohol or other drugs.
    (ii) The person was lawfully cited or apprehended for a driving 
under the influence offense.
    (iii) The person was lawfully requested to submit his or her blood, 
breath, or urine in order to determine the content of alcohol or other 
drugs, and was informed of the implied consent policy (consequences of 
refusal to take or complete the 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; 
submitted to the test and the result was .08 or higher blood alcohol 
content, or between .05 and .08 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; 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 were valid and reliable and the results 
accurately evaluated.
    (10) For revocation actions under Sec.  634.9(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. Test refusal revocations will be in 
addition to any other revocation incurred during a hearing. Hearing 
authority will determine if revocations for multiple offenses will run 
consecutively or concurrently taking into consideration if offenses 
occurred on same occasion or different times, dates. The exception is 
that test refusal will be one year automatic revocation in addition to 
any other suspension.
    (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.
    (11) The Army Vehicle Registration System will be utilized to 
maintain infractions by individuals on Army installations.


Sec.  634.12  Army administrative actions against intoxicated drivers.

    Army commanders will take appropriate action against intoxicated 
drivers. These actions may include the following:
    (a) A written reprimand, administrative in nature, will be issued 
to active duty Soldiers in the cases described in this paragraph (a). 
Any general officer, and any officer frocked to the grade of brigadier 
general, may issue this reprimand. Filing of the reprimand will be in 
accordance with the provisions of AR 600-37.
    (1) Conviction by courts-martial or civilian court or imposition of 
nonjudicial punishment for an offense of drunk or impaired driving 
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 0.08 percent or higher, irrespective 
of other charges, or off post when the blood alcohol content is in 
violation of the law of the State involved.

[[Page 18975]]

    (4) Driving, or being in physical control of a motor vehicle, 
either on or off the installation, when lawfully conducted chemical 
tests reflect the presence of illegal drugs.
    (b) Review by the commander of the service records of active duty 
soldiers apprehended for offenses described in paragraph (a) of this 
section to determine if the following action(s) should be taken--
    (1) Administrative reduction per AR 600-8-19, or
    (2) Bar to reenlistment per AR 601-280, or
    (3) Administrative separation per AR 635-200.


Sec.  634.13  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 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 driving under the 
influence. A first offender may be referred to treatment if evidence of 
substance abuse exists in addition to 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 an 
offender under separate Service/Agency polices (Army, see AR 600-85. 
Marine Corps, see MCO P1700.24B).
    (c) Active duty Army personnel apprehended for drunk driving, on or 
off the installation, will be referred to the local Army Substance 
Abuse Program (ASAP) for evaluation within 14 calendar days to 
determine if the person is dependent on alcohol or other drugs which 
will result in enrollment in treatment in accordance with AR 600-85. A 
copy of all reports on military personnel and DOD civilian employees 
apprehended for intoxicated driving will be forwarded to the 
installation alcohol and drug abuse facility.
    (d) Active duty Navy personnel apprehended for drunk driving on or 
off the installation will be screened by the respective SARP facility 
within 14 calendar 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 to interview by a 
Level II substance abuse counselor within 14 calendar 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 programs as prescribed by MCO P1700.24B.
    (e) The Services/Agencies may develop preventive treatment and 
rehabilitative programs for civilian employees with alcohol-related 
problems.
    (f) Army supervisors of civilian employees apprehended for 
intoxicated driving will advise employees of ASAP services available. 
Civilian employees apprehended for intoxicated driving while on duty 
will be referred to the ASAP or comparable facility for evaluation in 
accordance with AR 600-85. Army commanders will ensure that sponsors 
encourage family members apprehended for drunk driving seek ASAP 
evaluation and assistance.
    (g) Navy and DLA civilian personnel charged with intoxicated 
driving will be referred to the Civilian Employee Assistance Program in 
accordance with 5 CFR Part 792. Such referral does not exempt the 
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 P1700.24B. Marine family 
members charged with intoxicated driving, on or off the installation, 
will be provided assistance as addressed in MCO P1700.24B. 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 the Army, DLA, and the 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 or treatment program sponsored by the installation, 
state, county, or municipality, or other program evaluated as 
acceptable by the installation commander.
    (j) Active duty Air Force personnel apprehended for drunk driving, 
on or off the installation, will be referred by their respective chain 
of command to the Air Force Substance Abuse office for evaluation in 
accordance with AFI 44-121/Alcohol Drug Abuse & Treatment Program, and 
local policies within seven days.
    (k) Local installation commanders will determine if active duty Air 
Force personnel involved in any alcohol incident will immediately be 
subjected to a urinalysis for drug content. If consent is not given for 
the test, a command-directed test will be administered in accordance 
with local policies.


Sec.  634.14  Restoration of driving privileges upon acquittal of 
intoxicated driving.

    The suspension of driving privileges for military and civilian 
personnel shall be restored if a final disposition indicates a finding 
of not guilty, charges are dismissed or reduced to an offense not 
amounting to intoxicated driving, or where an equivalent determination 
is made in a nonjudicial proceeding. The following are exceptions to 
the rule in which suspensions will continue to be enforced.
    (a) The preliminary suspension was based on refusal to take a BAC 
test.
    (b) The preliminary suspension resulted from a valid BAC test, 
(unless disposition of the charges was based on invalidity of the BAC 
test). In the case of a valid BAC test, the suspension will continue, 
pending completion of a hearing as specified in Sec.  634.11. In such 
instances, the individual will be notified in writing that the 
suspension will continue and of the opportunity to request a hearing 
within 14 calendar days.
    (1) 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.
    (2) 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.
    (e) The individual has failed to complete a formally directed 
substance abuse or driver's training program.


Sec.  634.15  Restricted driving privileges or probation.

    (a) For the Navy, Air Force, Marine Corps, and DLA, the 
installation commander, or his or her designee may modify a suspension 
or revocation of

[[Page 18976]]

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, 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 license or right to operate motor vehicles 
is under suspension or revocation by a state, Federal, or host nation 
licensing authority. Prior to application for probation or restricted 
driving privileges, a state, Federal, or host nation driver's license 
or right to operate motor vehicles must be reinstated. The burden of 
proof for reinstatement of driving privileges lies with the person 
applying for probation or restricted driving privileges. Revocations 
for test refusals shall remain.
    (d) The installation commander or designee may grant restricted 
driving privileges or probation on a case-by-case basis provided the 
person's state or host nation driver's license or right to operate 
motor vehicles remains valid to accommodate any of the following 
reasons:
    (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 terms and limitations on a restricted driving privilege 
(for example, authorization to drive to and from place of employment or 
duty, or selected installation facilities such as hospital, commissary, 
and or other facilities) will be specified in writing and provided to 
the individual concerned. Persons found in violation of the restricted 
privilege are subject to revocation action as prescribed in Sec.  
634.9.
    (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 and contractors, who can demonstrate that 
suspension or revocation of installation driving privileges would 
constructively remove them from employment, may be given a limiting 
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. 2302(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.  634.16  Reciprocal State-Military action.

    (a) Commanders will recognize the interests of the states in 
matters of POV administration and driver licensing. Statutory authority 
may exist within some states or host nations for reciprocal suspension 
and revocation of driving privileges. See Subpart D of this part for 
additional information on exchanging and obtaining information with 
civilian law enforcement agencies concerning infractions by Armed 
Service personnel off post. Installation commanders will honor the 
reciprocal authority and direct the installation law enforcement 
officer to pursue reciprocity with state or host nation licensing 
authorities. Upon receipt of written or other official law enforcement 
communication relative to the suspension/revocation of driving 
privileges, the receiving installation will terminate driving 
privileges as if violations occurred within its own jurisdiction.
    (b) When imposing a suspension or revocation for an off-
installation offense, the effective date should be the same as civil 
disposition, or the date that state or host-nation driving privileges 
are suspended or revoked. This effective date can be retroactive.
    (c) If statutory authority does not exist within the state or host 
nation for formal military reciprocity, the procedures below will be 
adopted:
    (1) Commanders will recognize official documentation of 
suspensions/revocations imposed by state or host nation authorities. 
Administrative actions (suspension/revocations, or if recognized, point 
assessment) for moving traffic violations off the installation should 
not be less than required for similar offenses on the installation. 
When notified by state or host nation authorities of a suspension or 
revocation, the person's OF 346 may also be suspended.
    (2) In CONUS, the host and issuing state licensing authority will 
be notified as soon as practical when a person's installation driving 
privileges are suspended or revoked for any period, and immediately for 
refusal to submit to a lawful BAC test. The notification will be sent 
to the appropriate state DMV(s) per reciprocal agreements. In the 
absence of electronic communication technology, the appropriate state 
DMV(s) will be notified by official certified mail. The notification 
will include the basis for the suspension/revocation and the BAC level 
if applicable.
    (d) OCONUS installation commanders must follow provisions of the 
applicable Status of Forces Agreement (SOFA), the law of the host 
nation concerning reciprocal suspension and revocation, and other 
international agreements. To the extent an agreement concerning 
reciprocity may be permitted at a particular overseas installation, the 
commander must have prior authorization to negotiate and conclude such 
an international agreement in accordance with applicable international 
agreements, DODD 5530.3, International Agreements, June 87, and other 
individual Service instructions.


Sec.  634.17  Extensions of suspensions and revocations.

    (a) Driving in violation of a suspension or revocation imposed 
under this part will result in the original period of suspension or 
revocation being increased by 2 years. In addition, administrative 
action may be initiated based on the commission of any traffic, 
criminal, or military offenses, for example, active duty military 
personnel driving on the installation in violation of a lawful order.
    (b) For each subsequent determination within a 5-year period that 
revocation is authorized under Sec.  634.9, military personnel, DOD 
civilians, contractors 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 in accordance with the 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

[[Page 18977]]

subsequent offense, or for such other reasons as may be authorized.
    (c) Commanders may extend a suspension or revocation of driving 
privileges on personnel until completion of an approved remedial driver 
training course or alcohol or drug counseling programs after proof is 
provided.
    (d) Commanders may extend a suspension or revocation of driving 
privileges on civilian personnel convicted of intoxicated driving on 
the installation until successful completion of a state or installation 
approved alcohol or drug rehabilitation program.
    (e) For Navy personnel 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 the 
traffic accident, or driver cited for a moving violation.


Sec.  634.18  Reinstatement of driving privileges.

    Reinstatement of driving privileges shall be automatic, provided 
all revocations applicable have expired, proper proof of completion of 
remedial driving course and/or substance abuse counseling has been 
provided, and reinstatement requirements of individual's home state 
and/or state the individual may have been suspended in, have been met.

Subpart C--Motor Vehicle Registration


Sec.  634.19  Registration policy.

    (a) Motor vehicles will be registered according to guidance in this 
Part and in policies of each Service and DLA. A person who lives or 
works on an Army, DLA, Air Force, Navy, or Marine Corps installation, 
or Army National Guard of the U.S. (ARNGUS) facility, or often uses the 
facilities is required to register his or her vehicle. Also, 
individuals who access the installation for regular activities such as 
use of medical facilities and regular recurring activities on the 
installation should register their vehicles according to a standard 
operating procedure established by the installation commander. 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 usually not 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 
30 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 with a vehicle registration system will use and honor the 
DD Form 2220, (Department of Defense Registration Decal). Registration 
in overseas commands may be modified in accordance with international 
agreements or military necessity.
    (e) Army Installation commanders will establish local visitor 
identification for individuals who will be on installation for less 
than 30 days. The local policy will provide for use of temporary passes 
that establish a start and end date for which the pass is valid. Army 
installation commanders must refer to AR 190-16 Chapter 2 for guidance 
concerning installation access control. (Air Force, see AFI 31-204). 
Other Armed Services and DLA may develop and issue visitor passes 
locally.
    (f) The conditions in Sec.  634.20 must be met to operate a POV on 
an Army and DLA Installation. Other Armed Services that do not require 
registration will enforce Sec.  634.20 through traffic enforcement 
actions. Additionally, failure to comply with Sec.  634.20 may result 
in administrative suspension or revocation of driving privileges.


Sec.  634.20  Privately owned vehicle operation requirements.

    Personnel seeking to register their POVs on military installations 
within the United States or its territories and in overseas areas will 
comply with the following requirements. (Registration in overseas 
commands may be modified in accordance with international agreements or 
military necessity.)
    (a) Possess a valid state, overseas command, host nation or 
international drivers license (within appropriate classification), 
supported by DD Form 2, or other appropriate identification for DOD 
civilians, contractors and retirees. DA Form 1602, Civilian 
Identification Card, is limited for identification on Army 
installations only.
    (b) Possess a certificate of state registration as required by the 
state in which the vehicle is registered.
    (c) Comply 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 
will set reasonable liability insurance requirements for registration 
and/or operation of POVs within the confines of military installations 
and areas where the commander exercises jurisdiction. Prior to 
implementation, insurance requirements in host states or nations should 
be formally coordinated with the appropriate host agency.
    (d) Satisfactorily complete a safety and mechanical vehicle 
inspection by the state or jurisdiction in which the vehicle is 
licensed. 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 49 CFR 570.1 through 570.10. Lights, turn 
signals, brake lights, horn, wipers, and pollution control devices and 
standards in areas where applicable, should be included in the 
inspection. Vehicles modified from factory standards and determined 
unsafe may be denied access and registration.
    (e) Possess current proof of compliance with local vehicle emission 
inspection if required by the state, and maintenance requirements.
    (f) Vehicles with elevated front or rear ends that have been 
modified in a mechanically unsafe manner are unsafe and will be denied 
registration. 49 CFR 570.8 states that springs shall not be extended 
above the vehicle manufacturer's design height.


Sec.  634.21  Department of Defense Form 2220.

    (a) Use. DD Form 2220 will be used to identify registered POVs on 
Army, Navy, Air Force, Marine Corps, and DLA installations or 
facilities. The form is produced in single copy for conspicuous 
placement on the front of the vehicle only (windshield or bumper). If 
allowed by state laws, the decal is placed in the center by the rear 
view mirror or the lower portion of the driver's side windshield. The 
requirement to affix the DD Form 2220 to the front windshield or bumper 
of registered vehicles is waived for General Officers and Flag Officers 
of all Armed Services, Armed Service Secretaries, Political Appointees, 
Members of Congress, and the Diplomatic Corps.
    (1) Each Service and DLA will procure its own forms and 
installation and expiration tabs. For the Army, the basic decal will be 
ordered through publications channels and remain on the vehicle until 
the registered owner disposes of the vehicle, separates from active 
duty or other conditions specified

[[Page 18978]]

in paragraph (a)(2) of this section. Air Force, DLA, and Army retirees 
may retain DD Form 2220. Army retirees are required to follow the same 
registration and VRS procedures as active duty personnel. Upon 
termination of affiliation with the service, the registered owner or 
authorized operator is responsible for removing the DD Form 2220 from 
the vehicle and surrender of the decal to the issuing office. Army 
installation commanders are responsible for the costs of procuring 
decals with the name of their installation and related expiration tabs. 
Air Force installations will use the installation tag (4'' by \1/2\'') 
to identify the Air Force Installation where the vehicle is registered. 
Air Force personnel may retain the DD Form 2220 upon reassignment, 
retirement, or separation provided the individual is still eligible for 
continued registration, the registration is updated in SFMIS, and the 
installation tab is changed accordingly. Position the decal directly 
under the DD Form 2220.
    (2) For other Armed Services and DLA, DD Form 2220 and installation 
and expiration tabs will be removed from POV's by the owner prior to 
departure from their current installation, retirement, or separation 
from military or government affiliation, termination of ownership, 
registration, liability insurance, or other conditions further 
identified by local policy.
    (b) Specifications. (1) DD Form 2220 and installation and 
expiration tabs 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.
    (2) Name of the installation will be specified on a separate tab 
abutting the decal. Each Service or DLA may choose optional color codes 
for the registrant. Army and 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. White will be used for contract personnel on Air Force 
installations.
    (3) An expiration tab identifying the month and year (6-2004), the 
year (2000) or simply ``00'' will be abutted to right of 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) DD Form 2220 and any adjoining tabs will be theft resistant 
when applied to glass, metal, painted, or rubberized surfaces and 
manufactured so as to obliterate or self destruct when removal is 
attempted. Local policy guided by state or host nation laws will 
specify the exact placement of DD Form 2220.
    (5) For Navy and Marine Corps military personnel the grade insignia 
will be affixed on placards, approximately 5 inches by 8 inches in 
size, and placed on the driver's side dashboard. Placards should be 
removed from view when the vehicle is not located on a military 
installation.


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.
    (b) The owner sells or disposes of the POV, is released from active 
duty, separated from the Service, or terminates civilian employment 
with a military Service or DOD agency. Army and Air Force personnel on 
a permanent change of station will retain the DD Form 2220 if the 
vehicle is moved to their new duty station.
    (c) The owner is other than an active duty military or civilian 
employee and discontinues regular operations of the POV on the 
installation.
    (d) The owner's state, overseas command, or host nation driver's 
license is suspended or revoked, or the installation driving privilege 
is revoked. Air Force does not require removal of the DD Form 2220 when 
driving privileges are suspended for an individual. When 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 DOD 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, or for unreasonable periods, interfering with 
military operations, creating a safety hazard, disabled by accident, 
left unattended in a restricted or control 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


Sec.  634.24  Traffic planning and codes.

    (a) Safe and efficient movement of traffic on an installation 
requires traffic supervision. A traffic supervision program includes 
traffic circulation planning 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. 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

[[Page 18979]]

and minor routes, location of traffic control devices, and conditions 
requiring engineering or enforcement services.
    (d) The (Military) Surface Deployment and Distribution Command 
Transportation Engineering Agency (SDDCTEA) will help installation 
commanders solve complex highway traffic engineering problems. SDDCTEA 
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 applicable service or agency 
directives.


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 
Part, 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 U.S.C. 402).
    (2) Applicable portions of the Uniform Vehicle Code and Model 
Traffic Ordinance published by the National Committee on Uniform 
Traffic Laws and Ordinances.
    (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.
    (5) Violators are responsible for all costs of towing, storage and 
impounding of vehicles for other than evidentiary reasons.
    (c) Installation traffic codes will also contain the provisions 
discussed as follows: (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.
    (ii) A rear view mirror will be attached to each side of the 
handlebars.
    (iii) Approved protective helmets, eye protection, hard-soled 
shoes, long trousers and brightly colored or reflective outer upper 
garment 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.
    (v) Restraint systems are required only in vehicles manufactured 
after model year 1966.
    (3) Driver Distractions. Vehicle operators on a DoD Installation 
and operators of Government owned vehicles shall not use cell phones 
unless the vehicle is safely parked or unless they are using a hands-
free device. The wearing of any other portable headphones, earphones, 
or other listening devices (except for hand-free cellular phones) while 
operating a motor vehicle is prohibited. Use of those devices impairs 
driving and masks or prevents recognition of emergency signals, alarms, 
announcements, the approach of vehicles, and human speech. DoD 
Component safety guidance should note the potential for driver 
distractions such as eating and drinking, operating radios, CD players, 
global positioning equipment, etc. Whenever possible this should only 
be done when the vehicle is safely parked.
    (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 U.S.C., 
DODD 5525.4, enclosure 1 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 guilty of violating the vehicular 
and pedestrian traffic laws made applicable on the installation under 
provisions of that directive are subject to a fine as determined by the 
local magistrate or imprisonment for not more than 30 days, or both, 
for each violation. In those States where traffic laws cannot be 
assimilated, an extract copy of this paragraph (f) and a copy of the 
delegation memorandum in DODD 5525.4, enclosure 1, 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 memorandum in DoDD 5525.4, 
enclosure 1, 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.


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

[[Page 18980]]

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.
    (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. Law enforcement personnel 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 on a regular basis. 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; and
    (3) Chemical breath-testing programs.


Sec.  635.27  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 will ensure operators attend 
an appropriate training program for the equipment in use.
    (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 State (or SOFA) 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 checking calibration 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, or as prescribed by State law.


Sec.  634.28  Traffic accident investigation.

    Installation law enforcement personnel must make detailed 
investigations of accidents described in this section:
    (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, $1,000; Air Force, as 
specified by the installation commander; 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 when a POV is inoperable as a result of an 
accident.
    (c) Any accident prescribed within a SOFA agreement.


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.  634.28. Guidance for 
reporting these cases is provided as follows:
    (1) Drivers or owners of POVs will be required to submit a written 
report to the installation law enforcement office within 24 hours of an 
accident in the following cases, with all information listed in 
paragraph (d)(3) of this section:
    (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 under its own 
power.
    (2) Information in the written report cannot be used in criminal 
proceedings against the person submitting it unless it was originally 
categorized a hit and run and the violator is the person submitting the 
report. Rights advisement will be given prior to any criminal traffic 
statements provided by violators. Within the United States, the 
installation law enforcement official

[[Page 18981]]

may require such reporting on Service forms or forms of the State 
jurisdiction.
    (3) Reports required in paragraph (d) (1) of this section by the 
Army 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) A narrative description of the events and circumstances 
concerning the accident.


Sec.  634.30  Use of 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 establish 
a 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 5100.12 
Series).
    (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, AL 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 should 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 follows:
    (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, see DLAI 5720.4; and Air 
Force, see AFI 51-905). 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. For the Navy, DUI and 
driving under the influence of drugs cases will be referred to the 
Federal Magistrate.
    (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. Air Force 
individuals certified under the Parking Traffic Warden Program may 
issue DD Form 1408 in areas under their control.
    (2) A copy of all 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

[[Page 18982]]

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 the delegation memorandum in DoDD 5525.4, enclosure 1, 
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. DA form 3975 may be used to 
forward the report.
    (2) Detailed instructions for properly completing DD Form 1805 are 
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 
member'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.


Sec.  634.33  Training of law enforcement personnel.

    (a) As a minimum, installation law enforcement personnel will be 
trained to do the following:
    (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) Installations located in States or overseas areas having a 
formal breath-testing and certification program should ensure operators 
attend that training.
    (d) 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.
    (e) 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 under 
the implied consent provisions of 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 0.08, presume the 
person may be 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 0.08 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. 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 part 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).
    (3) An evidential breath-testing device approved by the State or 
host nation is used. For Army, Air Force, and Marine Corps, the device 
must also be listed on the NHTSA conforming products list published in 
the ``Conforming Products List for instruments that conform to the 
Model Specification for Evidential Breath Testing Devices (58 FR 
48705), and amendments.''
    (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) Screening 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 an evidential breath-testing 
device.
    (ii) According to manufacture operating instructions. (For Army, 
Air Force and Marine Corps, the screening breath-testing device must 
also be listed on the NHTSA conforming products list published in the 
``Model Specifications for Evidential Breath Testers'' (September 17, 
1993, 58 FR 48705).
    (2) Evidential 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.

[[Page 18983]]

    (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. They will also examine 
the bodies of dependents, who are 16 years of age or older, if the 
sponsors give their consent. 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 
may 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) 
horizontal gaze nystagmus tests as sanctioned by the National Highway 
Traffic and Safety Administration, and screening breath-testing devices 
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 part may be used as evidence in courts-
martial, nonjudicial proceedings under Article 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 part.
    (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 in this section 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 the Manual for Courts-
Martial, United States, Military Rule of Evidence 315 (2002) (MRE 315), 
and regulatory rules concerning requesting and granting authorizations 
for searches.
    (1) Air Force policy on nonconsensual extraction of blood samples 
is addressed in AFI 44-102.
    (2) Army and 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 must be based on 
valid search and seizure authorization. An individual subject to the 
UCMJ who does not consent to chemical testing, as described in Sec.  
634.37, 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 and suspected of being under the influence of an intoxicant 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 MRE 315, 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 MRE 315, 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.

[[Page 18984]]

    (ii) The medical facility commander authorizing the extraction 
under MRE 315 need not be on duty as the attending physician at the 
facility where the extraction is to be performed and 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. Extraction of blood will be 
accomplished by qualified medical personnel. (See MRE 312(g)).
    (1) In performing this duty, medical personnel are expected to use 
only that amount of force that is reasonable and necessary to 
administer the extraction.
    (2) 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.
    (3) Life endangering force will not be used in an attempt to effect 
nonconsensual extractions.
    (4) All law enforcement and medical personnel will keep in mind the 
possibility that the individual may require medical attention for 
possible disease or injury.
    (d) 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.
    (e) Use of Army medical treatment facilities and personnel for 
blood alcohol testing has no relevance to whether or not the suspect is 
eligible for military medical treatment. The medical effort in such 
instances is in support of a valid military mission (law enforcement), 
not related to providing medical treatment to an individual.


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 suspect is responsible 
for making all arrangements. If the suspect fails to or cannot obtain 
any additional test, the results of the tests that were 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  General off installation traffic activities.

    In areas not under military control, civil authorities enforce 
traffic laws. Law enforcement authorities will establish a system to 
exchange information with civil authorities. Army and Air Force 
installation law enforcement authorities will establish a system to 
exchange information with civil authorities to enhance the chain of 
command's visibility of a soldier's and airman's off post traffic 
violations. These agreements will provide for the assessment of traffic 
points based on reports from state licensing authorities involving Army 
military personnel. The provisions of Subpart E of this part and the 
VRS automated system provide for the collection of off post traffic 
incident reports and data. As provided in AR 190-45, civilian law 
enforcement agencies are considered routine users of Army law 
enforcement data and will be granted access to data when available from 
Army law enforcement systems of records. 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 part. The exchange of information is limited to Army and Air 
Force military personnel. Provost marshals will not collect and use 
data concerning civilian employees, family members, and contract 
personnel except as allowed by state and Federal laws.


Sec.  634.41  Compliance with State laws.

    (a) Installation commanders will inform service members, 
contractors and DOD civilian employees to comply with State and local 
traffic laws when operating government 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 55-162/OPNAVINST 4600.11D/AFJI 24-216/MCO 4643.5C).
    (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 following conditions exists.
    (i) The offense warrants detention.
    (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.  
634.16).


Sec.  634.42  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.  634.43  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 
5-1of Part 634 prescribes

[[Page 18985]]

mandatory minimum or maximum suspension or revocation periods. Traffic 
points are not assessed for suspension or revocation actions.

Table 5-1 of Part 634 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: A. Manslaughter (or negligent homicide by vehicle) 
resulting from the operation of a motor vehicle.
    B. Driving or being in actual physical control of a motor 
vehicle while under the influence of intoxicating liquor (0.08% or 
greater on DOD installations; violation of civil law off post).
    C. 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.
    D. 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).
    E. Perjury or making a false statement or affidavit under oath 
to responsible officials relating to the ownership or operation of 
motor vehicles.
    F. 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: A. Mental or physical impairment (not including 
alcohol or other drug use) to the degree rendered incompetent to 
drive.
    B. Commission of an offense in another State which, if committed 
on the installation, would be grounds for suspension or revocation.
    C. Permitting an unlawful or fraudulent use of an official 
driver's license.
    D. Conviction of fleeing, or attempting to elude, a police 
officer.
    E. Conviction of racing on the highway.
    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 part. If revocation for implied consent is 
combined with another revocation, such as 1 year for intoxicated 
driving, revocations may run consecutively (total of 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.  634.44  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, revoke, deny, or reinstate installation driving 
privileges.


Sec.  634.45  Point system application.

    (a) The Services and DLA are required to use the point system and 
procedures prescribed in this section without change.
    (b) The point system in table 5-2 of this part 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 or allowances, or 
posted bond, or collateral.

Table 5-2 of Part 634 Point Assessment for Moving Traffic Violations 
(See Note 1)

A. Violation: Reckless driving (willful and wanton disregard for the 
safety of persons or property).
    Points assessed: 6
B. Violation: Owner knowingly and willfully permitting a physically 
impaired person to operate the owner's motor vehicle.
    Points assessed: 6
C. Violation: Fleeing the scene (hit and run)-property damage only.
    Points assessed: 6
D. Violation: Driving vehicle while impaired (blood-alcohol content 
more than 0.05 percent and less than 0.08 percent).
    Points assessed: 6
E. Violation: Speed contests.
    Points assessed: 6
F. Violation: Speed too fast for conditions.
    Points assessed: 2
G. Violation: Speed too slow for traffic conditions, and/or impeding 
the flow of traffic, causing potential safety hazard.
    Points assessed: 2
H. Violation: Failure of operator or occupants to use available 
restraint system devices while moving (operator assessed points).
    Points assessed: 2
I. Violation: Failure to properly 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
J. Violation: One to 10 miles per hour over posted speed limit.
    Points assessed: 3
K. Violation: Over 10 but not more than 15 miles per hour above 
posted speed limit.
    Points assessed: 4
L. Violation: Over 15 but not more than 20 miles per hour above 
posted speed limit.
    Points assessed: 5
M. Violation: Over 20 miles per hour above posted speed limit.
    Points assessed: 6
N. Violation: Following too close.
    Points assessed: 4
O. Violation: Failure to yield right of way to emergency vehicle.
    Points assessed: 4
P. Violation: Failure to stop for school bus or school-crossing 
signals.
    Points assessed: 4
Q. 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
R. Violation: Improper passing.
    Points assessed: 4
S. Violation: Failure to yield (no official sign involved).
    Points assessed: 4
T. Violation: Improper turning movements (no official sign 
involved).
    Points assessed: 3
U. Violation: Wearing of headphones/earphones while driving motor 
vehicles (two or more wheels).
    Points assessed: 3
V. 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
W. Violation: Improper overtaking.
    Points assessed: 3
X. Violation: Other moving violations (involving driver behavior 
only).
    Points assessed: 3
Y. Violation: Operating an unsafe vehicle. (See Note 2).
    Points assessed: 2
Z. 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, points may be assessed for each individual violation.
    2. This measure should be used for other than minor vehicle 
safety defects or when a driver or registrant fails to correct a 
minor

[[Page 18986]]

defect (for example, a burned out headlight not replaced within the 
grace period on a warning ticket).


Sec.  634.46  Point system procedures.

    (a) Reports of moving traffic violations recorded on DD Form 1408 
or DD Form 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 for 
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 part and other Service/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 part 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 maximum suspension or revocation 
periods prescribed by table 5-1 of this part, 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 following periods of time.
    (1) Chargeable nonfatal traffic accidents or moving violations--3 
years.
    (2) Nonmandatory suspensions or revocations--5 years.
    (3) Mandatory revocations--7 years.


Sec.  634.47  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.  634.46 (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.  634.46 (g) and (h).
    (f) Army users will comply with paragraphs (a) and (d) of this 
section by mailing the individual's DA Form 3626 to the gaining 
installation provost marshal.

Subpart F--Impounding Privately Owned Vehicles


Sec.  634.48  General.

    This subpart 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.


Sec.  634.49  Standards for impoundment.

    (a) POVs should not be impounded unless the vehicles clearly 
interfere with

[[Page 18987]]

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 of 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.  634.50  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.  634.51  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 or blotter.
    (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 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.  634.52  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

[[Page 18988]]

may be conducted without search authority. (Air Force, see AFP 125-2).


Sec.  634.53  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.
    (i) Property may not be disposed of until diligent effort has been 
made to find the owner; or the heirs, next of kin, or legal 
representative of the owner.
    (ii) The diligent effort to find one of those mentioned in 
paragraph (a) of this section shall begin not later than 7 days after 
the date on which the property comes into custody or control of the law 
enforcement agency.
    (iii) The period for which this effort is continued may not exceed 
45 days.
    (iv) If the owner or those mentioned in Sec.  634.52 are 
determined, but not found, the property may not be disposed of until 
the expiration of 45 days after the date when notice, giving the time 
and place of the intended sale or other disposition, has been sent by 
certified or registered mail to that person at his last known address.
    (v) When diligent effort to determine those mentioned in paragraph 
(b)(2)(iv) of this section is unsuccessful, the property may be 
disposed of without delay, except that if it has a fair market value of 
more than $500, the law enforcement official may not dispose of the 
property until 45 days after the date it is received at the storage 
point.
    (c) All contracts for the disposal of abandoned vehicles must 
comply with 10 U.S.C. 2575.

Subpart G--List of State Driver's License Agencies


Sec.  634.54  List of State Driver's License Agencies.

    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. 
State driver's license agencies are listed as follows:

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.
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 Vehicle, 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.
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

[[Page 18989]]

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, Puerto Rico 
00940, (809) 722-2823.

[FR Doc. 05-7165 Filed 4-11-05; 8:45 am]
BILLING CODE 3710-08-P