[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: 32CFR634.25]

[Page 48-49]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents
 
                     Subpart D--Traffic Supervision
 
Sec. 634.25  Installation traffic codes.

    (a) Installation or activity commanders will establish a traffic 
code for operation of motor vehicles on the installation. Commanders in 
overseas areas will establish a traffic code, under provisions of this 
regulation, to the extent military authority is empowered to regulate 
traffic on the installation under the applicable SOFA. Traffic codes 
will contain the rules of the road (parking violations, towing 
instructions, safety equipment, and other key provisions). These codes 
will, where possible, conform to the code of the State or host nation in 
which the installation is located. In addition, the development and 
publication of installation traffic codes will be based on the 
following:
    (1) Highway Safety Program Standards (23 CFR part 1230).
    (2) Applicable portions of the Uniform Vehicle Code and Model 
Traffic Ordinance published by the National Committee on Uniform Traffic 
Laws and Ordinances (23 CFR part 1204).
    (b) The installation traffic code will contain policy and procedures 
for the towing, searching, impounding, and inventorying of POVs. These 
provisions should be well publicized and contain the following:
    (1) Specific violations and conditions under which the POV will be 
impounded and towed.
    (2) Procedures to immediately notify the vehicle owner.
    (3) Procedures for towing and storing impounded vehicles.
    (4) Actions to dispose of the vehicle after lawful impoundment.
    (c) Installation traffic codes will also contain the provisions 
discussed below. (Army users, see AR 385-55.)
    (1) Motorcycles and mopeds. For motorcycles and other self-
propelled, open, two-wheel, three-wheel, and four-wheel vehicles powered 
by a motorcycle-type engine, the following traffic rules apply:
    (i) Headlights will be on at all times when in operation.

[[Page 49]]

    (ii) A rear view mirror will be attached to each side of the handle 
bars.
    (iii) Approved protective helmets, eye protection, and highly 
reflective clothing or vests will be worn by operators and passengers 
when in operation.
    (2) Restraint systems.
    (i) Restraint systems (seat belts) will be worn by all operators and 
passengers of U.S. Government vehicles on or off the installation.
    (ii) Restraint systems will be worn by all civilian personnel 
(family members, guests, and visitors) driving or riding in a POV on the 
installation.
    (iii) Restraint systems will be worn by all military service members 
and Reserve Component members on active Federal service driving or 
riding in a POV whether on or off the installation.
    (iv) Infant/child restraint devices (car seats) will be required in 
POVs for children 4 years old or under and not exceeding 45 pounds in 
weight.
    (iv) Restraint systems are required only in cars manufactured after 
model year 1966.
    (3) Headphones and earphones. The wearing of headphones or earphones 
is prohibited while driving a U.S. Government vehicle, POV, motorcycle, 
or other self-propelled two-wheel, three-wheel, and four-wheel vehicles 
powered by a motorcycle-type engine. This does not negate the 
requirement for wearing hearing protection when conditions or good 
judgment dictate use of such protection.
    (d) Only administrative actions (reprimand, assessment of points, 
loss of on-post driving privileges, or other actions) will be initiated 
against service members for off-post violations of the installation 
traffic code.
    (e) In States where traffic law violations are State criminal 
offenses, such laws are made applicable under the provisions of 18 
U.S.C. 13 to military installations having concurrent or exclusive 
Federal jurisdiction.
    (f) In those States where violations of traffic law are not 
considered criminal offenses and cannot be assimilated under 18 USC, 
DODD 5525.4, in appendix C to part 634 expressly adopts the vehicular 
and pedestrian traffic laws of such States and makes these laws 
applicable to military installations having concurrent or exclusive 
Federal jurisdiction. It also delegates authority to installation 
commanders to establish additional vehicular and pedestrian traffic 
rules and regulations for their installations. Persons found quilty of 
violating the vehicular and pedestrian traffic laws made applicable on 
the installation under provisions of that directive are subject to a 
fine of not more than $50.00 or imprisonment for not more than 30 days, 
or both, for each violation (40 U.S.C. 318c). In those States where 
traffic laws cannot be assimilated, an extract copy of this paragraph 
and a copy of DODD 5525.4 in Appendix C, will be posted in a prominent 
place accessible to persons assigned, living, or working on the 
installation.
    (g) In those States where violations of traffic laws cannot be 
assimilated because the Federal Government's jurisdictional authority on 
the installation or parts of the installation is only proprietary, 
neither 18 U.S.C. 13 nor the delegation in appendix C to part 634 will 
permit enforcement of the State's traffic laws in Federal courts. Law 
enforcement authorities on those military installations must rely on 
either administrative sanctions related to the installation driving 
privilege or enforcement of traffic laws by State law enforcement 
authorities.

                   Section II--Traffic Law Enforcement