[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: 32CFR634.16]

[Page 43-44]
 
                       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. 634.16  Restricted driving privileges or probation.

    (a) For the Navy, Air Force, Marine Corps, and DLA, the installation 
commander may modify a suspension or revocation of driving privileges in 
certain cases per paragraph (d) of this section.
    (b) Army requests for restricted driving privileges subsequent to 
suspension or revocation of installation driving privileges will be 
referred to the installation commander or designee for determination 
under criteria of (d) below, except for intoxicated driving cases, which 
must be referred to the General Court Martial Convening Authority. 
Withdrawal of restricted driving privileges is within the installation 
commander's discretion.
    (c) Probation or restricted driving privileges will not be granted 
to any person whose driver's license is under suspension or revocation 
by a State, Federal, or host nation licensing authority.

[[Page 44]]

    (d) Aside from any other provisions of this regulation, the 
installation commander or designee may grant restricted driving 
privileges or probation on a case-by-case basis to accommodate any of 
the following reasons, provided the person's State driver's license 
remains valid:
    (1) Mission requirements.
    (2) Unusual personal or family hardships.
    (3) Delays exceeding 90 days, not attributed to the person 
concerned, in the formal disposition of an apprehension or charges that 
are the basis for any type of suspension or revocation.
    (4) When there is no reasonably available alternate means of 
transportation to officially assigned duties. (In this instance, a 
limited exception can be granted for the sole purpose of driving 
directly to and from the place of duty.)
    (e) The limitations on a restricted driving privilege (for example, 
an authorization to drive to and from place of employment or duty, 
selected installation facilities such as hospital and commissary, or 
other facilities) will be specified in writing and provided to the 
individual concerned. Persons found to be in violation of the restricted 
privilege are subject to revocation action as prescribed in 
Sec. 634.10(b). For good cause, the appropriate authority may withdraw 
the restricted driving privilege and continue the suspension or 
revocation period (for example, driver at fault in a traffic accident, 
or driver cited for a moving traffic violation).
    (f) The conditions and terms of probation will be specified in 
writing and provided to the individual concerned. The original 
suspension or revocation term in its entirety may be activated to 
commence from the date of the violation of probation. In addition, 
separate action may be initiated based on the commission of any traffic, 
criminal, or military offense that constitutes a probation violation.
    (g) DOD employees of the Services or DLA, who can demonstrate that 
suspension or revocation of installation driving privileges would 
constructively remove them from employment, may be given a limited 
suspension/revocation that restricts driving on the installation or 
activity (or in the overseas command) to the most direct route to and 
from their respective work sites (5 U.S.C. 2303 (b)(10)). This is not to 
be construed as limiting the commander from suspension or revocation of 
on-duty driving privileges or seizure of OF 346, even if this action 
would constructively remove a person from employment, in those instances 
in which the person's duty requires driving from place to place on the 
installation.