[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: 32CFR634.32]

[Page 52-53]
 
                       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. 634.32  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,

[[Page 53]]

see DLAR 5720.4; and Air Force, see AFR 110-15.) 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.
    (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.
    (2) A copy of all violation 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 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 app C 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.
    (2) Detailed instructions for properly completing DD Form 1805 and 
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 members'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.

   Section III--Standards and Procedures for Processing Drunk Drivers