[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR634.10]

[Page 38-39]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents
 
                      Subpart B--Driving Privileges
 
Sec. 634.10  Suspension or revocation of driving privileges.

    The installation commander (or designee not assigned primarily to 
law enforcement duties) may, for cause, administratively suspend or 
revoke driving privileges on the installation. The suspension or 
revocation of installation driving privileges or POV registrations, for 
lawful reasons unrelated to traffic violations or safe vehicle 
operation, is not limited or restricted by this regulation.
    (a) Suspension. (1) Driving privileges are usually suspended when 
other measures have failed to improve a driver's performance. Measures 
should include counseling, remedial driving training, and rehabilitation 
programs. Driving privileges may also be suspended for up to 6 months if 
a driver continually violates installation parking regulations. The 
commander will determine standards for suspension based on frequency of 
parking violations and publish those standards.
    (2) The installation commander has discretionary power to withdraw 
the authorization of active duty military personnel, DOD civilian 
employees, and nonappropriated fund (NAF) employees to operate U.S. 
Government vehicles.
    (3) Immediate suspension of installation or overseas command POV 
driving privileges pending resolution of an intoxicated driving incident 
is authorized for active duty military personnel, family members, 
retired members of the military services, DOD civilian personnel, and 
others with installation or overseas command driving privileges 
regardless of the geographic location of an intoxicated driving 
incident. Suspension is authorized for non-DOD affiliated civilians only 
with respect to incidents occurring on the installation or in areas 
subject to military traffic supervision. After a review of available 
evidence as specified in Sec. 634.11, installation driving privileges 
will be immediately suspended pending resolution of the intoxicated 
driving incident in the following circumstances;
    (i) Refusal to take or complete a lawfully requested chemical test 
to determine contents of blood for alcohol or other drugs.
    (ii) Operating a motor vehicle with a blood alcohol content (BAC) of 
0.10 percent by volume or higher or in violation of the law of the 
jurisdiction that is being assimilated on the military installation.
    (iii) Operating a motor vehicle with a BAC of at least 0.05 percent 
by volume but less than 0.10 percent blood alcohol by volume in 
violation of the law of the jurisdiction in which the vehicle is being 
operated if the jurisdiction imposes a suspension solely on the basis of 
the BAC level.
    (iv) On an arrest report or other official documentation of the 
circumstances of an apprehension for intoxicated driving.
    (b) Revocation. (1) The revocation of installation or overseas 
command POV driving privileges is a severe administrative measure to be 
exercised for serious moving violations or when other

[[Page 39]]

available corrective actions fail to produce the desired driver 
improvement. Revocation of the driving privilege will be for a specific 
period, but never less than 6 months, applies at all military 
installations, and remains in effect on reassignment.
    (2) Driving privileges are subject to revocation when an individual 
fails to comply with any of the conditions requisite to the granting of 
the privilege. (See Sec. 634.6.) Revocation of installation driving and 
registration privileges is authorized for military personnel, family 
members, civilian employees of DOD, and other individuals with 
installation driving privileges. For civilian guests, revocation is 
authorized only with respect to incidents occurring on the installation 
or in the areas subject to military traffic supervision.
    (3) Driving privileges will be revoked for a mandatory period of not 
less than 1 year in the following circumstances:
    (i) The installation commander or designee has determined that the 
person lawfully apprehended for intoxicated driving refused to submit to 
or complete a test to measure the alcohol content in the blood, or 
detect the presence of any other drug, as required by the law of the 
jurisdiction, installation traffic code, or by Service directive.
    (ii) A conviction, nonjudicial punishment, or a military or civilian 
administrative action resulted in the suspension or revocation of a 
driver's license for intoxicated driving. Appropriate official 
documentation of such conviction is required as the basis for 
revocation.
    (4) When temporary suspensions under Sec. 634.10(a)(3) are followed 
by revocations, the period of revocation is computed beginning from the 
date the original suspension was imposed, exclusive of any period during 
which full driving privileges may have been restored pending resolution 
of charges. (Example: privileges were initially suspended on 1 January 
1996 for a charge of intoxicated driving with a blood alcohol content of 
0.14 percent. A hearing was held, extreme family hardship was 
substantiated, and privileges were restored on 1 February pending 
resolution of the charge. On 10 March, the driver was convicted for 
intoxicated driving. The mandatory 1-year revocation period will consist 
of January 1996 plus March 1996 through January 1997, for a total of 12 
months with no installation driving privileges.)