[Federal Register: April 12, 2005 (Volume 70, Number 69)]
[Rules and Regulations]
[Page 18969-18989]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap05-5]
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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.
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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:
http://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