OPNAVINST 11200.5D - Motor Vehicle Traffic Supervision
OPNAVINST 11200.5D - Motor Vehicle Traffic Supervision
OPNAV 11200.5D
AFI 31-218(I)
MCO 5110.1D
DLAR 5720.1
Military Police
Motor Vehicle
Traffic
Supervision
Headquarters
Departments of the Army,
the Navy,
the Air Force,
Marine Corps,
Defense Logistics Agency
Washington, DC
22 May 2006
UNCLASSIFIED
SUMMARY of CHANGE
o Changes the Marine Corps number from MCO 5110.1C to MCO 5110.1D (cover).
o Makes administrative changes throughout.
This major revision, dated 25 January 2006-o
Changes the proponency of the regulation from Deputy Chief of Staff, G-3/5/7
to the Provost Marshal General (proponent and exception authority statement).
o Mandates vehicle registration and use of the Vehicle Registration System on
all Army posts (para 2-1a(3)).
o Implements the blood alcohol content 0.08 standard for driving under the
influence and/or while intoxicated for adverse administrative actions
prescribed in this regulation (para 2-4a(3)).
o Mandates referral of Air Force personnel apprehended for drunk driving (para
2-8j).
o Permits motor vehicle registration provisions to be applied to State-operated
or State-owned Army National Guard installations at the discretion of the
controlling State Adjutant General, for the purpose of issuing DD Form 2220
(Department of Defense Registered Vehicle), and access to the Vehicle
Registration System for tracking DD Form 2220 (chap 3).
o Mandates compliance with local vehicle emission inspections and maintenance
of vehicles on military installations (para 3-2e).
o Mandates registration procedures for all Army installations (para 3-3).
o Mandates procedures for surrender of DD Form 2220 (para 3-4).
o Establishes policy for reciprocal agreement with civilian law enforcement
agencies to exchange information on infractions by military Army personnel
(para 4-17).
o Updates references to Air Force instructions throughout the regulation.
Headquarters
Departments of the Army,
the Navy,
the Air Force,
Marine Corps,
Defense Logistics Agency
Washington, DC
22 May 2006
H i s t o r y . T h i s p u b l i c a t i o n i s a n
a d m i n i s t r a t i v e r e v i s i o n . T h e p o r t i o n s
affected by this administrative revision are
listed in the summary of change.
t h e A c t i v e A r m y , t h e A r m y N a t i o n a l
Guard/Army National Guard of the United
States, and the U.S. Army Reserve unless
otherwise stated. Also, this regulation applies
to persons who— serve in, or employed
by, the military Services and the
Defense Logistics Agency; are subject to
t h e m o t o r v e h i c l e r e g i s t r a t i o n r e q u i r e ments
in chapter 3; and are permitted to
drive motor vehicles on military installations.
This regulation also applies to Res
e r v e C o m p o n e n t p e r s o n n e l o f a l l t h e
Services who operate privately owned vehicles
on military installations. Administrative
actions outlined in paragraphs 2–1
t h r o u g h 2 – 7 , w i t h i n , a p p l y t o t h e U . S .
Army Reserve personnel on active duty,
active duty for training, and in an inactive
duty training status. Chapter 3 of this regulation
may be applied to State–operated
or State–owned Army National Guard installations
at the discretion of the control-
l i n g S t a t e A d j u t a n t G e n e r a l , f o r t h e
purpose of issuing DD Form 2220 (Department
of Defense Registered Vehicle)
a n d a c c e s s t o t h e V e h i c l e R e g i s t r a t i o n
System for tracking DD Form 2220. Dur-
i n g m o b i l i z a t i o n , c h a p t e r s a n d p o l i c i e s
c o n t a i n e d i n t h i s r e g u l a t i o n m a y b e
modified.
S u p p l e m e n t a t i o n . S u p p l e m e n t a t i o n o f
this regulation and establishment of command
and local forms are prohibited with-
ou t p r i o r a p p r o v a l f r o m H e a d q u a r t e r s ,
*This regulation supersedes AR 190–5/OPNAVINST 11200.5C/AFR 125–14/MCO 5110.1C/DLAR
5720.1, dated 25 January 2006.
UNCLASSIFIED
D e p a r t m e n t o f t h e A r m y , T h e P r o v o s t
M a r s h a l G e n e r a l ( D A P M – M P D – L E ) ,
Washington, DC 20310–2800.
21 ) , W a s h i n g t o n , D C 2 0 3 8 8 – 5 4 0 0 . A i r
Force users are invited to send comments
and suggested improvements to the attention
of Headquarters, Air Force Security
F o r c e s C e n t e r , P o l i c e S e r v i c e s B r a n c h ,
1517 Billy Mitchell Blvd, Lackland Air
F o r c e B a s e , T X 7 8 2 3 6 – 0 1 1 9 . M a r i n e
Corps users are invited to send comments
and suggested improvements to the Commandant
of the Marine Corps (POS 10),
Washington, DC 20380. Defense Logistics
Agency users are invited to send comm
e n t s a n d s u g g e s t e d i m p r o v e m e n t s t o
Headquarters, Defense Logistics Agency,
Staff Director, Command Security Office
(DSS–S), 8725 John J. Kingman Road,
Fort Belvoir, VA 22060–6220.
Chapter 1
Introduction, page 1
Purpose • 1–1, page 1
References • 1–2, page 1
Explanation of abbreviations and terms • 1–3, page 1
Responsibilities • 1–4, page 1
Program objectives • 1–5, page 2
Chapter 2
Driving Privileges, page 3
Requirements for driving privileges • 2–1, page 3
Stopping and inspecting personnel or vehicles • 2–2, page 3
Implied consent • 2–3, page 3
Suspension or revocation of driving or privately owned vehicle registration
privileges • 2–4, page 4
Remedial driver training programs • 2–5, page 5
Administrative due process for suspensions and revocations • 2–6, page 5
Army administrative actions against intoxicated drivers • 2–7, page 7
Alcohol and drug abuse programs • 2–8, page 7
Restoration of driving privileges upon acquittal of intoxicated driving • 2–9, page
8
Restricted driving privileges or probation • 2–10, page 8
Reciprocal State–military action • 2–11, page 9
Extensions of suspensions and revocations • 2–12, page 9
Reinstatement of driving privileges • 2–13, page 10
Chapter 3
Motor Vehicle Registration, page 10
Registration policy • 3–1, page 10
Privately owned vehicle operation requirements • 3–2, page 10
Department of Defense Form 2220 • 3–3, page 11
Termination or denial of registration • 3–4, page 12
Specified consent to impoundment • 3–5, page 12
Chapter 4
Traffic Supervision, page 12
Section I
Traffic Planning and Codes, page 12
Traffic planning • 4–1, page 12
Installation traffic codes • 4–2, page 13
Section II
Traffic Law Enforcement, page 14
Traffic law enforcement principles • 4–3, page 14
Speed–measuring devices • 4–4, page 14
Traffic accident investigation • 4–5, page 15
Traffic accident investigation reports • 4–6, page 15
Use of traffic accident investigation report data • 4–7, page 15
Parking • 4–8, page 16
Traffic violation reports • 4–9, page 16
Section III
Standards and Procedures for Processing Drunk Drivers, page 17
Training of law enforcement personnel • 4–10, page 17
Blood alcohol concentration standards • 4–11, page 17
Chemical testing policies and procedures • 4–12, page 18
Detection, apprehension, and testing of intoxicated drivers • 4–13, page 18
Voluntary breath and bodily fluid testing based on implied consent • 4–14, page 18
Involuntary extraction of bodily fluids in traffic cases • 4–15, page 19
Testing at the request of the apprehended person • 4–16, page 20
Section IV
Off–Installation Traffic Activities, page 20
General • 4–17, page 20
Compliance with State laws • 4–18, page 20
Civil–military cooperative programs • 4–19, page 21
Chapter 5
Driving Records and the Traffic Point System, page 21
Driving records • 5–1, page 21
The traffic point system • 5–2, page 22
Point system application • 5–3, page 22
System procedures • 5–4, page 23
Disposition of driving records • 5–5, page 24
Chapter 6
Impounding Privately Owned Vehicles, page 25
General • 6–1, page 25
Standards for impoundment • 6–2, page 25
Towing and storage • 6–3, page 25
Procedures for impoundment • 6–4, page 25
Search incident to impoundment based on criminal activity • 6–5, page 26
Disposition of vehicles after impoundment • 6–6, page 26
Appendixes
A. References, page 27
Glossary
1–1. Purpose
Required and related publications and prescribed and referenced forms are listed in
appendix A.
Abbreviations and special terms used in this regulation are explained in the
glossary.
1–4. Responsibilities
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
AR 190–5/OPNAV 11200.5D/AFI 31–218(I)/MCO 5110.1D/DLAR 5720.1 • 22 May 2006
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.
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
regulation.
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’s and/or
operator’s expense.
(2) The installation commander has discretionary power to withdraw the
authorization of active duty military
personnel, DOD civilian employees, 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 paragraph 2–6,
installation driving privileges will
be immediately suspended pending resolution of the intoxicated driving accident in
the following circumstances:
(a) Refusal to take or complete a lawfully requested chemical test to determine
contents of blood for alcohol or
other drugs.
(b) Operating a motor vehicle with a blood alcohol content (BAC) of 0.08 percent by
volume (0.08 grams per 100
milliliters) or higher or in violation of the law of the jurisdiction that is being
assimilated on the military installation.
(c) 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).
(d) 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; apply at
all military installations; and remain 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 para 2–1). Revocation of installation
driving and registration privileges is
authorized for military personnel, family members, DOD civilian employees,
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:
(a) The installation commander or designee has determined that the person lawfully
apprehended for driving under
AR 190–5/OPNAV 11200.5D/AFI 31–218(I)/MCO 5110.1D/DLAR 5720.1 • 22 May 2006
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.
a. Navy activities will comply with OPNAVINST 5100.12 series, and Marine Corps
activities with current edition
of MCO 5100.19E 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.
2–6. Administrative due process for suspensions and revocations
(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.
(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 predetermined 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
predetermined 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:
(a) The fact that the suspension can be made a revocation under paragraph 2–4b.
(b) 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.
(c) 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.
(d) The right of DOD civilian employees to have a personal representative present
at the administrative hearing in
accordance with applicable laws and regulations.
(e) 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 paragraph 2–4a for drunk or impaired
driving pending resolution of charges
will cover only the following pertinent issues of whether:
(a) 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.
(b) The person was lawfully cited or apprehended for a driving under the influence
offense.
(c) 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).
(d) 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 0.08 or higher BAC, or
between 0.05 and 0.08 in violation of
the law of the jurisdiction in which the vehicle in 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.
(e) The testing methods were valid and reliable and the results accurately
evaluated.
(10) For revocation actions under paragraph 2–4b(3) for intoxicated driving, the
revocation is mandatory on
AR 190–5/OPNAV 11200.5D/AFI 31–218(I)/MCO 5110.1D/DLAR 5720.1 • 22 May 2006
conviction or other findings that confirm the charge. (Pleas of nolo contendere are
considered equivalent to guilty
pleas.)
(a) 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.
(b) 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.
(c) 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 VRS will be utilized to maintain infractions by individuals on Army
installations.
2–7. Army administrative actions against intoxicated drivers
Army commanders will take appropriate action against intoxicated drivers. These
actions may include the following:
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 (for
Army, see AR 600–85; for 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 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 Substance Abuse Rehabilitation Program 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 Army
substance abuse program services available. Civilian employees apprehended for
intoxicated driving while on duty will
be referred to the Army substance abuse program or comparable facility for
evaluation in accordance with AR 600–85.
AR 190–5/OPNAV 11200.5D/AFI 31–218(I)/MCO 5110.1D/DLAR 5720.1 • 22 May 2006
Army commanders will ensure that sponsors encourage family members apprehended for
drunk driving seek Army
substance abuse program 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 Title 5, Code of Federal Regulations, Part
792 (5 CFR 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 BAC 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
and local policies within 7 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.
2–9. 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. For the Navy, Air Force, Marine Corps, and DLA, the installation commander, or
his or her designee, may
modify a suspension or revocation of driving privileges in certain cases per
paragraph d, below.
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.
AR 190–5/OPNAV 11200.5D/AFI 31–218(I)/MCO 5110.1D/DLAR 5720.1 • 22 May 2006
(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 paragraph 2–4.
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. Any 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 (see 5 USC 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.
2–11. Reciprocal State–military action
Chapter 3
Motor Vehicle Registration
a. Use. The 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 in paragraph
(2), below. 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, the DD Form 2220 and installation and
expiration tabs will be removed
from POVs 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) The 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:
(a) Form title (Department of Defense Registered Vehicle).
(b) Alphanumeric individual form identification number.
(c) The 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:
(a) Blue–officers.
(b) Red–enlisted.
(c) Green DA civilian employees (including NAF employees).
(d) 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) The 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.
AR 190–5/OPNAV 11200.5D/AFI 31–218(I)/MCO 5110.1D/DLAR 5720.1 • 22 May 2006
3–4. Termination or denial of registration
Chapter 4
Traffic Supervision
Section I
Traffic Planning and Codes
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.
AR 190–5/OPNAV 11200.5D/AFI 31–218(I)/MCO 5110.1D/DLAR 5720.1 • 22 May 2006
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 Combat
Readiness 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.
4–8. 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 listed below.
(1) Local standing operating procedures (SOPs) must be developed to control the
discretion of enforcers and limit
booting to specific offenses. The 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.
4–9. 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 the DLA One
Book Process Chapter,
Criminal Offenses and U.S. Federal Court Procedures; 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
AR 190–5/OPNAV 11200.5D/AFI 31–218(I)/MCO 5110.1D/DLAR 5720.1 • 22 May 2006
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 administrative
or judicial action consistent with the Uniform Code of Military Justice (UCMJ) and
Federal law.
d. The DD Form 1805 will be used to refer violations of State traffic laws made
applicable to the installation
(Assimilative Crimes Act (18 USC 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. The DA Form 3975
(Military Police Report) may be
use 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:
(a) The installation law enforcement official will forward copy 1 (white) and copy
2 (yellow) to the U.S. District
Court (Central Violation Bureau).
(b) The installation law enforcement office will file copy 3 (pink).
(c) 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.
Section III
Standards and Procedures for Processing Drunk Drivers
a. Validity of chemical testing. Results of chemical testing are valid under this
regulation 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 (see para 4–10).
(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 Specifications for
Evidential Breath Testing Devices (58 FR
48705), and amendments,” (see 70 FR 18982, para 634.35).
(4) Procedures established by the State or host nation or as prescribed in
paragraph b, below, 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—
(a) 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.
(b) 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 “Conforming
Products List for instruments that conform to the Model Specifications for
Evidential Breath Testing Devices (58 FR
48705), and amendments,” (see 70 FR 18982, para 634.35)).
(2) Evidential breath–testing devices will be used as follows:
(a) 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.
(b) Verify calibration and proper operation of the instrument by using a control
sample immediately before the test.
(c) Comply with operational procedures in the manufacturer’s current instruction
manual.
(d) Perform preventive maintenance as required by the instruction manual.
c. Chemical tests of personnel involved in fatal accidents.
(1) Installation medical authorities will immediately notify the installation law
enforcement officer of—
(a) The death of any person involved in a motor vehicle accident.
(b) 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.
4–13. 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 NHTSA and screening breath–testing devices to conduct field
sobriety tests.
4–14. Voluntary breath and bodily fluid testing based on implied consent
(c) 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 the Manual for Courts–Martial,
United States, Military Rule of
Evidence 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. 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. 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.
4–16. Testing at the request of the apprehended person
a. A person subject to tests under paragraph 2–3 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.
Section IV
Off–Installation Traffic Activities
4–17. General
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 chapter 5 of this
regulation 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 regulation. 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.
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 5–1 prescribes
mandatory minimum or maximum suspension
or revocation periods. Traffic points are not assessed for suspension or revocation
actions.
Table 5–1
Suspension or revocation periods of driving privileges
Violation: Mental or physical impairment (not including alcohol or other drug use)
to the degree rendered incompetent to drive. Commission
of an offense in another State which, if committed on the installation, would be
grounds for suspension or revocation. Permitting an unlawful
or fraudulent use of an official driver’s license. Conviction of fleeing, or
attempting to elude, a police officer. Conviction of racing on the
highway.
Consequence: Suspension for a period of 6 months or less or revocation for a period
not to exceed 1 year is discretionary.
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 UCMJ, Art. 15, or a separate
hearing as addressed in this regulation. 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.
a. The Services and DLA are required to use the point system and procedures
prescribed herein without change.
b. The point system in table 5–2 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 paragraph 4–9.
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
Point assessment for moving traffic violations
Violation: Reckless driving (willful and wanton disregard for the safety of persons
or property).
Points assessed: 6
Violation: Speed too slow for traffic conditions, and/or impeding the flow of
traffic, causing potential safety hazard.
Points assessed: 2
Violation: Over 10 but not more than 15 miles per hour above posted speed limit.
Points assessed: 4
Violation: Over 15 but not more than 20 miles per hour above posted speed limit.
Points assessed: 5
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 defect (for example, a burned out
headlight not replaced within the grace period on a warning ticket).
6–1. General
This chapter 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.
6–2. Standards for impoundment
a. The POVs should not be impounded unless the vehicles clearly interfere with
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—
(a) On a street or bridge, in a tunnel, or is double parked, and interferes with
the orderly flow of traffic.
(b) On a sidewalk, within an intersection, on a crosswalk, 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.
(c) When blocking an emergency exit door of any public place (installation theater,
club, dining hall, hospital, and
other facility).
(d) In a “tow–away” zone that is so marked with proper signs.
(2) The POV interferes with—
(a) Street cleaning or snow removal operations and attempts to contact the owner
have been unsuccessful.
(b) 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.
6–3. 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.
6–4. Procedures for impoundment
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 may be
conducted without search authority. (Air Force, see AFI 31–204.)
6–6. 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) Process as abandoned property in accordance with DOD 4160.21–M.
(a) 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.
(b) The diligent effort to find one of those mentioned in paragraph (a), above,
shall begin not later than 7 days after
the date on which the property comes into custody or control of the law enforcement
agency.
(c) The period for which this effort is continued may not exceed 45 days.
(d) If the owner or those mentioned in paragraph 6–4b(3), above, 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 or her last known address.
(e) When diligent effort to determine those mentioned above 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 USC
2575.
AR 190–5/OPNAV 11200.5D/AFI 31–218(I)/MCO 5110.1D/DLAR 5720.1 • 22 May 2006
Appendix A
References
Section I
Required Publications
AFI 31–203
AFI 31–204
Control of Concession Vehicles Within the United Kingdom. (Cited in paras 3–1e and
6–5b.) (Available at http://
www.e–publishing.af.mil/pubfiles/3af/31/3afi31–204/3afi31–204.pdf.)
AFI 51–905
AFI 44–102
AFI 44–121
Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program. (Cited in para 2–
8j.) (Available at http://
www.e–publishing.af.mil.)
AR 190–29
AR 190–45
AR 385–40
AR 385–55
AR 600–8–19
Enlisted Promotions and Reductions. (Cited in para 2–7b(1).)
AR 600–20
AR 600–37
AR 600–85
Army Substance Abuse Program (ASAP). (Cited in para 2–8b, 2–8c, and 2–8f.)
AR 601–280
Criminal Offenses and U.S. Federal Court Procedures. (Cited in para 4–9a.)
(Available at http://www.dla.mil/dlaps/.)
DOD 4160.21–M
DODD 5530.3
MCO 5100.19E
Marine Corps Traffic Safety Program (DRIVESAFE). (Cited in para 2–5.) (Available at
www.usmc.mil.)
MCO P1700.24B
Marine Corps Personal Services Manual. (Cited in paras 2–8b, 2–8d, and 2–8h.)
(Available at www.usmc.mil.)
Navy Traffic Safety Program. (Cited in paras 2–5 and 4–7.) (Available at
http://neds.daps.dla.mil/Directives/
table20.html.)
Section II
Related Publications
A related publication is a source of additional information. The user does not have
to read a related reference to
understand this publication.
AR 635–200
5 CFR 792
49 CFR 570.8
Suspension Systems. (Available at http://www.access.gpo.gov/.)
DODD 5525.4
DODD 7730.47
DODI 6055.4
70 FR 18969
70 FR 18982
R.C.M. 311
R.C.M. 312
R.C.M. 314
R.C.M. 315
R.C.M. 316
UCMJ
5 USC 71
5 USC 2302(b)(10)
10 USC 2575
18 USC 13
23 USC 402
Section III
Prescribed Forms
Except where otherwise indicated below, the following forms are available on the
APD Web site (http://www.apd.army.
mil). DD Forms are available from the OSD Web site (http://www.dtic.mil).
DA Form 3626
Armed Forces Traffic Ticket (Prescribed in para 4–9.) (Available though normal
forms supply channels.)
DD Form 1920
DD Form 2220
DD Form 2504
DD Form 2505
DD Form 2506
Section IV
Referenced Forms
AF Form 354
DA Form 11–2–R
DA Form 1602
Civilian Identification
DA Form 2028
DA Form 3975
U.S. Armed Forces of the United States Geneva Convention Identification Card
DD Form 1173
DD Form 1805
United States District Court Violation Notice (Available through normal forms
supply channels.)
OF 346
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 BAC test in accordance with paragraph 2–3. 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.
B–2. State driver’s license agencies
Table B–1
State driver’s license agencies
State agency: Texas Department of Highways and Public Transportation Motor Vehicle
Division
Address: 40th and Jackson Avenue, Austin, TX 78779
Telephone no.: (512) 475–7686
Appendix C
Management Control Checklist (U.S. Army requirement only)
C–1. Function
C–2. Purpose
The purpose of this checklist is to assist assessable unit managers and Management
Control Administrators (MCAs) in
evaluating the key management controls outlined below. It is not intended to cover
all controls.
C–3. Instructions
Answers must be based on the actual testing of key management controls (for
example, document analysis, direct
observation, sampling, simulation, other). Answers that indicate deficiencies must
be explained and corrective action
indicated in supporting documentation. These key management controls must be
formally evaluated at least once every
5 years. Certification that this evaluation has been conducted must be accomplished
on DA Form 11–2–R (Management
Control Evaluation Certification Statement).
a. Are law enforcement and administrative support personnel trained on the use of
DD Form 1408 and 1805 and its
distribution? (All)
b. Are safeguards in place to control access and release of serial numbered forms
to include DD Forms 1408, 1805,
and 2220 to law enforcement personnel? (All)
c. Are law enforcement and administrative support personnel trained on the use of
the VRS? (All)
d. Are audits of the VRS conducted to ensure that data is current, accurate, and
relevant? (All)
e. Does the system administrator for the VRS maintain control and accountability of
personnel using the system?
(All)
f. Are violation reports and notifications provided to appropriate commanders,
State Division of Motor Vehicles, and
automated report systems? (All)
g. Does the Army installation provost marshal have reciprocal agreements with
civilian law enforcement to obtain
off post violation information for military personnel?
C–5. Supersession
C–6. Comments
Help to make this a better tool for evaluating management controls. Submit comments
to: HQDA, Office of the Provost
Marshal General (DAPM–MPD–LE), 2800 Army Pentagon, Washington, DC 20318–2800.
Section I
Abbreviations
ASAP
BAC
CAC
CAIG
CFR
CG
commanding general
CONUS
DLA
DMV
DOD
Department of Defense
DODD
DODI
DUI
HQDA
Headquarters, Department of the Army
NAF
nonappropriated fund
NHSPS
NHTSA
OCONUS
POV
SOFA
SOPs
TRADOC
USC
VRS
Section II
Terms
Military personnel, whether Active Army, U.S. Army Reserve, or Army National Guard
of the United States, who are
on active duty under 10 USC.
An Army program that provides for alcohol and drug problems (appropriate education
or treatment).
Collision diagram
A scale drawing of an intersection or section of roadway that shows all objects and
physical conditions that bear on
traffic movement and safety.
Conviction
A license to operate a motor vehicle under the laws of a State, the District of
Columbia, a U.S. territory or possession,
a host country, or under international agreements (international driver’s license).
Also, a vehicle operator’s permit
issued by an agency of the U.S. Government or an overseas command.
Driving privilege
General officer
A term used to describe officers in the military grade of O–7 or above, including
officers frocked to the grade of, in the
Army, Air Force, Marine Corps, or Navy.
A motor vehicle owned, rented, or leased by DOD. This includes vehicles owned,
rented, or leased by NAF activities
of the military departments and DOD.
Host nation
Intoxicated driving
Persons under supervision of the installation law enforcement officer who are
authorized to direct, regulate, and control
traffic, and to apprehend or arrest violators of laws or regulations. They are
usually identified as military police,
security police, civilian guards, or DOD police.
The level of command between the base, installation, or community commander and the
Service headquarters.
Moped
Every motor vehicle that has a seat or saddle for use of the rider and is designed
to travel on not more than three
wheels in contact with the ground. Tractors and Mopeds are excluded.
Motor vehicle
Any vehicle driven or drawn by mechanical power, and manufactured primarily for use
on public streets, roads, and
highways. (Vehicles operated only on a rail or rails are excluded.)
The process of issuing registration certificate and registration plates for a motor
vehicle under the law of a State (State
registration). The term also applies to the registration form and identification
media issued by a host nation or overseas
command, or per this regulation for a motor vehicle authorized to operate on a
military installation in the United States
or its territories.
An unintended event causing injury or damage, and involving one or more motor
vehicles on a highway, road, or street
that is publicly maintained and open for public vehicular travel.
a. Severity of injury.
(1) Fatal accident. A motor vehicle accident that results in fatal injuries to one
or more personnel. A fatal injury is
one that results in death within 12 months of the accident causing the injury.
(2) Incapacitating injury. An injury, other than fatal, that prevents the injured
person from walking, driving, or
normally continuing the activities that he or she was capable of performing before
the accident. Examples are severe
lacerations, broken or distorted limb, skull fracture, crushed chest, internal
injury, unconsciousness when taken from
the accident scene, or inability to leave the accident scene without help.
(3) Nonincapacitating evident injury. An injury, other than fatal and
incapacitating, that is evident to any person at
the scene of the accident. Examples are lump on head, abrasions, or minor
lacerations.
(4) Possible injury. An injury reported or claimed that is not a fatal,
incapacitating, or nonincapacitating evident
injury. Examples are momentary unconsciousness, claim of injuries that are not
evident, limping, or complaint of pain,
nausea, or hysteria.
b. Severity of vehicle damage.
(1) Disabling damage. Any damage to a vehicle such that it cannot be driven (or
towed in the case of trailers) from
the scene of the accident in the usual manner by daylight after simple repairs, and
without further damage or hazard to
itself, other traffic elements, or the roadway.
(2) Functional damage. Any nondisabling damage to a vehicle that affects operation
of the vehicle or its parts.
Examples are doors, windows, hood, and trunk lids that will not operate properly;
broken glass that obscures vision; or
any damage that could prevent the motor vehicle from passing an official motor
vehicle inspection.
(3) Other motor vehicle damage. Any damage to a vehicle that is neither disabling
nor functional damage. Such
damage usually affects only the load on the vehicle or the appearance of the motor
vehicle. Examples are damage to
hubcaps, trim, or grill; glass cracks that do not interfere with vision; dents;
scratches; body punctures; or damage to
load.
Moving violation
Pedestrian
Reciprocity
Reciprocal action between State or host nation and military authorities to suspend
or revoke a person’s OF 346,
installation driving privilege, or State, host nation, or overseas command driver’s
license based on action initiated by
either authority.
State
One of the U.S. States, the District of Columbia, the Commonwealth of Puerto Rico,
and the territory of Guam.
Traffic
Traffic engineering
Planning and geometric design of streets, highways, and abutting lands, and matters
concerned with traffic operations
on them related to the safe, convenient, and economical transportation of persons
and goods.
Traffic laws
Section III
Special Abbreviations and Terms
PIN: 002195–000
DATE: 05-18-06
TIME: 13:43:28
PAGES SET: 43