61

TRAFFIC

Standards in this chapter govern the processes and procedures that enable the agency to execute its traffic related responsibilities and services.

Support activities include data collection and analysis, formulation of policy and procedures, development of effective enforcement techniques, program planning, personnel allocation and utilization, and program evaluation.

Depending upon the organization of the traffic function and the degree of specialization within it, responsibilities for particular functions may be assigned to the patrol or other specialized function.

The agency’s activities are specifically directed toward reducing violations through preventive patrol and active enforcement. The standards also govern relationships with motorists, pedestrians, courts, and prosecutors.

Agency activities connected with, or related to traffic collision, include providing emergency assistance to the injured, protecting the collision scene, conducting on scene and follow-up investigations, preparing reports, and taking proper enforcement action relative to the incident.

Activities undertaken by the agency that directly affect the movement and control of vehicles and pedestrians include point traffic control, traffic engineering, school crossing supervision, and other activities related to the design and implementation of plans and programs that expedite the movement of vehicles and pedestrians.

While some agencies perform their own traffic engineering with trained personnel, most agencies have a liaison and data-sharing relationship with a local, regional or state engineer. Close coordination and cooperation are essential to the maintenance of a safe and efficient highway system.

Lastly, the agency may perform a variety of diverse, traffic-related services including providing general assistance, emergency assistance, public information, and directions; identifying and reporting roadway and roadside hazards; checking abandoned vehicles; and locating and recovering stolen vehicles.

 

61.1 Traffic Enforcement

61.1.1 A written directive governs the agency’s selective traffic enforcement activities, to include procedures for:

a. analysis of traffic collision;

b. analysis of traffic enforcement activities;

c. implementation of selective enforcement techniques and procedures;

d. deployment of traffic enforcement personnel; and

e. evaluation of selective traffic enforcement activities.

Commentary: The ultimate goal of selective traffic law enforcement is to reduce traffic collision. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. The techniques used should be based on collision data, enforcement activity records, traffic volume, and traffic conditions. The objective is to direct appropriate enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in collision situations but also in terms of traffic-related needs identified in the agency’s service community.

The analysis of location, time, and violation factors in vehicle collision should be based upon a numerically significant sample. It is also essential to analyze fluctuations caused by seasonal variations that result in increases in traffic volume and/or collision. In rural or suburban areas, basing these studies on an annual collision experience may be necessary to provide a sufficient database for analysis. However, as traffic densities and collision rates increase, a more frequent reporting cycle should be considered.

The complexity and demand of traffic analysis suggest the assignment of duties to personnel with training and experience in conducting statistical analysis.

Supervisors responsible for traffic enforcement activities should be provided with copies of the analysis report.

(N/A O M M)

 

61.1.2 A written directive establishes uniform procedures for taking enforcement action incidental to traffic law violations, to include:

a. physical arrest;

b. citation (notice to appear); and

c. warnings (if used).

Commentary: The directive should establish guidelines to ensure that enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. Warnings, written or verbal, or other nonpunitive enforcement actions should be substituted for arrests or citations when circumstances warrant, especially in the case of inadvertent violations. The directive should discourage emphasis on quantitative enforcement activities, such as ticket quotas, and acknowledge that both qualitative and quantitative emphases are integral to the agency’s traffic enforcement program.

(M M M M)

 

61.1.3 A written directive establishes procedures for handling traffic law violations committed by:

a. nonresidents of the agency’s service area;

b. juveniles;

c. legislators;

d. foreign diplomats/consular officials; and

e. military personnel.

Commentary: The written directive should address all special processing requirements, e.g., diplomatic or legislative immunity, or procedures that apply to traffic law violations committed by the classes of persons enumerated above and any others that require special processing by virtue of local mandate.

(M M M M)

 

61.1.4 At the time a motorist is charged with a violation, the agency provides information relative to the specific charge, to include:

a. court appearance schedule;

b. optional or mandatory nature of court appearance by the motorist;

c. notice of whether the motorist is allowed to enter a plea and/or pay the fine by mail or at a traffic violations bureau; and

d. other information that must be provided to the motorist prior to release.

Commentary: It is essential that officers fully explain the rights and requirements imposed on motorists upon arrest or issuance of a citation for a traffic violation. An informational pamphlet explaining the motorist’s rights and responsibilities issued with the citation can augment the information provided verbally by the officer.

(M M M M)

 

61.1.5 A written directive establishes uniform enforcement policies for traffic law violations, to include:

a. operation of a vehicle by a driver under the influence of alcohol/drugs;

b. operation of a vehicle after driving privileges have been suspended or revoked;

c. speed violations;

d. other hazardous violations;

e. off-road vehicle violations;

f. equipment violations;

g. public carrier/commercial vehicle violations;

h. other nonhazardous violations;

i. multiple violations;

j. newly enacted laws and/or regulations;

k. violations resulting in traffic collisions; and

l. pedestrian and bicycle violations.

Commentary: The intent of this directive is to provide guidelines for uniform traffic law enforcement actions. Uniform enforcement supports the ultimate aim of traffic law enforcement, which is to achieve voluntary compliance with traffic laws and regulations. The policy cannot and should not supplant officer judgment, for it is impossible to foresee every conceivable situation involving traffic violations. In unusual circumstances, the officer should decide what enforcement, if any, is appropriate on the basis of a combination of training, experience, and common sense.

(M M M M)

 

61.1.6 A written directive governs traffic law enforcement practices, to include:

a. visible traffic patrol, whether area, line, or directed;

b. stationary observation, covert and overt;

c. use of unmarked or unconventional vehicles; and

d. use of roadside safety checks.

Commentary: None.

(O O O O)

 

61.1.7 A written directive establishes procedures for stopping and approaching traffic law violators.

Commentary: Although enforcing traffic laws is one of the more routine functions that law enforcement officers perform, all too frequently officers are injured or killed in the process. Therefore, the agency should provide detailed instructions to officers on procedures for making contact with offending motorists, methods for making effective stops that are safe for the officer and the motorist, approach procedures, and responsibilities for calling in traffic stop information, etc. The instructions should cover all potential situations from routine to high-risk stops.

(M M M M)

 

61.1.8 A written directive establishes procedures for officers to follow in their relations with traffic violators.

Commentary: Once the officer has stopped the violator and established control, "officer-violator relations" are activated. The purpose of this directive is to provide guidelines to ensure that officers take proper enforcement action and attempt to alter favorably the violator’s future driving habits. The procedures should minimize conflict between the officer and the violator and facilitate a professional interaction.

(O O O O)

 

61.1.9 A written directive governs the use of speed measuring devices in traffic law enforcement, to include:

a. equipment specifications;

b. operational procedures;

c. proper care and upkeep;

d. programmed maintenance;

e. maintenance and calibration records; and

f. operator training and certification.

Commentary: The directive should include guidelines to ensure that traffic safety and energy conservation goals and objectives are met. The agency should ensure that officers utilizing speed measuring devices (radar, VASCAR, speedometer, stopwatch, etc.) are fully trained before they are authorized to use such devices for traffic law enforcement. Operators may be required to demonstrate their competence with each device under varying conditions in supervised field performance tests. The training and equipment standards should be equivalent to the model standards promulgated by the National Highway Traffic Safety Administration.

(O O O O)

 

61.1.10 A written directive establishes the agency’s alcohol enforcement countermeasures program.

Commentary: The primary objective of the program should be to reduce alcohol and/or drug related traffic offenses by fielding units that are specially trained and equipped to apprehend and process alcohol or drug-impaired drivers. Special emphasis should be placed on enforcement of laws related to driving while intoxicated and other statutes restricting drinking and driving. Training should be provided to develop officer skills in detecting those persons who are under the influence of alcohol or drugs.

The agency should consider using the following countermeasures in various combinations in their selective alcohol enforcement program: selective assignment of personnel at the time when, and to the locations where analyses have shown that a significant number of violations and/or collision involving impaired drivers have occurred; selective surveillance of roadways on which there have been an unusual incidence of drinking-driving collisions to ascertain the characteristic violation profile of the problem drinker who drives; selected alcohol related collision investigations and analyses of findings; selective roadway checks for deterrence purposes; and, selective enforcement of drinking driving laws through concentration on existing laws and the expeditious processing of violators.

(N/A O M M)

 

61.1.11 A written directive establishes procedures for handling persons charged with driving while under the influence of alcohol or drugs.

Commentary: The arrest of a person for driving while intoxicated differs significantly from the handling of other traffic law violations. In most jurisdictions for instance, implied consent statutes and legislation that defines intoxication in terms of blood alcohol levels have been enacted. These statutes include many provisions affecting an officer’s authority. Therefore, detailed guidance should be provided to officers based on the pertinent legal requirements of the jurisdiction. Procedures should address the methods to be employed for proper administration of preliminary and evidentiary breath tests, safe transportation of impaired arrestees, procurement of blood and urine testing where governing statutes give the arrestee a choice of these tests in addition or as an alternative to a breath test, incarceration or release to a responsible third party, and disposition of the arrestee’s vehicle.

(M M M M)

 

61.1.12 A written directive establishes procedures for identification and referral of drivers recommended for reexamination by licensing authorities.

Commentary: Routine enforcement, collision reporting, and investigation activities frequently lead to the discovery of drivers who have suspected incompetency, physical or mental disability, disease, or other conditions that might prevent the person from exercising reasonable and ordinary care over a motor vehicle. In addition to reports related to the action or incident for which the motorist was stopped, the actual or suspected impairments should also be brought to the attention of the state drivers licensing authority.

(O O O O)

 

61.1.13 If parking enforcement exists within the agency, a written directive governs the agency’s parking enforcement activities.

Commentary: None.

(M M M M)

 

61.2 Traffic collision Investigation

61.2.1 A written directive governs collision reporting and investigation to include collisions involving:

a. death or injury;

b. property damage;

c. hit and run;

d. impairment due to alcohol or drugs;

e. hazardous materials; and

f. occurrences on private property.

Commentary: The directive should establish procedures to ensure the agency’s collision reporting and investigation responsibilities are efficiently and effectively carried out. The directive should specify which collisions require investigation and which collisions require a report.

(M M M M)

 

61.2.2 A written directive defines agency response to the scene of any collision involving any of the following:

a. death or injury;

b. hit and run;

c. impairment of an operator due to alcohol or drugs;

d. damage to public vehicles or property;

e. hazardous materials;

f. disturbances between principals;

g. major traffic congestion as a result of the collision; or

h. damage to vehicles to the extent towing is required.

Commentary: Agency response to the scene of a serious or complex collision should include providing emergency services, investigating the collision, recording short-lived evidence, and restoring the normal flow of traffic. In less serious collisions, personnel response should be influenced by agency policy, workload, and availability of personnel. The directive should also specify the circumstances that permit the suspension of investigations—for example, during snow emergencies—and when drivers may report property damage-only collisions in person (at the nearest agency office) and/or by telephone. This policy should be communicated to motorists through the agency’s public information program.

(M M M M)

 

61.2.3 A written directive specifies collision scene responsibilities for responding officers, including procedures for:

a. determining the officer or investigator who is in charge at the scene;

b. identifying and dealing with injured persons;

c. identifying and dealing with fire hazards and/or hazardous materials;

d. collecting information;

e. protecting the collision scene; and

f. controlling property belonging to collision victims.

Commentary: The intent of the standard is to provide procedural guidance to officers responding to collision scenes, who may be the first to arrive, as well as to establish a procedure by which the officer in charge or investigator in charge is determined (see 12.1.2). The first arriving officer has important responsibilities that include, but are not limited to providing basic or advanced life support until the arrival of fire/rescue personnel, identifying potential or actual fire hazards or other dangerous conditions so that appropriate action can be taken, summoning additional assistance, protecting the scene, establishing a safe traffic flow around the scene, identifying and interviewing witnesses, and expediting the removal of debris and the vehicles involved from the roadway.

Procedural guidance for hazardous material incidents is necessary to protect the officer and other highway users and to ensure the prompt control and removal of material. The procedures should specify what actions the officer can take to identify materials, protect the scene, isolate the immediate area, evacuate nonessential personnel, and obtain appropriate technical assistance. The law enforcement agency generally will be responsible for preliminary hazard identification (spill, leak, fire) and identification of vehicles and container placards. The directive should ensure that only properly trained and equipped agency personnel attempt to enter areas where hazardous materials may be encountered or suspected.

Procedures for determining who is in charge at the scene when more than one officer or investigator is present will ensure that all required tasks are accomplished. This is especially important in agencies where supervisory personnel do not routinely respond to collision scenes. A failure to carry out certain tasks in a timely manner could be a contributing factor to additional collision. The officer in charge at the scene of a collision should ensure that property belonging to collision victims is protected from theft or pilferage and is removed to a place of safekeeping if the owner is unable to care for it. The directive should provide guidelines for property inventory and indicate methods for property removal and storage.

(M M M M)

 

61.2.4 A written directive establishes procedures for collision investigation follow-up activities.

Commentary: Follow-up activities may include at a minimum, collecting off-scene data, obtaining/recording formal statements from witnesses, reconstructing collisions, using expert and technical assistance, and preparing formal reports to support criminal charges. This standard is not intended to require all of these activities in every investigation; however, the directive should establish when and how these activities should be conducted. The agency may also conduct investigations to gather additional data about driver, pedestrian, vehicle, roadway controls, or related collision information for special research studies.

(O O O O)

 

61.3 Traffic Direction and Control

61.3.1 A written directive governs performance of agency activities related to traffic engineering, to include:

a. handling or referral of complaints or suggestions concerning traffic engineering deficiencies; and

b. procedures for transmitting collision and enforcement data to local or regional traffic engineering authorities.

Commentary: Engineering functions should be conducted in conjunction with local traffic engineering authorities and should be directly related to the discovery and remedy of collision and congestion hazards. Guidance should be sought by the agency from whatever resource materials are available and applicable to its jurisdiction. The directive should describe the authority and responsibilities of agency personnel for collecting and compiling traffic data; conducting special traffic surveys and studies; analyzing collision and enforcement data; preparing special reports and making recommendations concerning the efficient use of traffic control devices, new or revised laws or ordinances, and engineering improvements; and participating in local and regional transportation system management planning.

The directive should establish procedures to ensure that proper action is taken to investigate complaints, evaluate suggestions, and correct deficiencies or refer them to proper authorities for correction. Traffic records call attention to changed conditions that require alteration in engineering or enforcement policies. The agency should provide copies of collision report forms and/or a monthly summary of collision and enforcement data to provide factual data necessary to make sound engineering decisions.

The occurrence of a serious collision should be brought to the attention of traffic and highway engineering authorities for analysis of potential corrective actions.

(O O O O)

 

61.3.2 A written directive specifies procedures for traffic direction and control, to include the following at a minimum:

a. procedures applicable at the scenes of traffic collision;

b. uniform hand signals and gestures for manual traffic direction and control;

c. procedures applicable at the scenes of fires;

d. procedures applicable during periods of adverse road and weather conditions;

e. circumstances warranting manual operation of traffic control devices;

f. use of temporary traffic control devices; and

g. a requirement that any personnel directing traffic, or in the roadway controlling traffic, wear reflective clothing at all times.

Commentary: None.

(M M M M)

 

61.3.3 A written directive governs provisions for:

a. law enforcement escort services; and

b. escorts of civilian vehicles in medical emergencies.

Commentary: The directive should specify the circumstances, both routine and emergency, under which escort services should be provided; the procedures for processing routine or emergency requests for escort; and the identification of agency personnel authorized to approve such requests. The directive should include escort of public officials, dignitaries, emergency vehicles, funerals, oversize vehicles, and hazardous or unusual cargo. The agency should also establish procedures for ensuring the adequacy of private escort services for oversize vehicles and hazardous cargo carriers.

Escorting civilian vehicles under emergency circumstances is an extremely dangerous practice and should be avoided whenever possible. In medical emergencies, the patient should be transported by ambulance whenever possible. If escorts are authorized, the directive should establish guidelines to ensure the safety of the patient, the officer, and all other highway users.

(M M M M)

 

61.3.4 A written directive describes circumstances warranting the use of roadblocks and specifies procedures for implementation.

Commentary: The extreme dangers inherent in the use of roadblocks mandate guidelines for their use. The directive should specify the types of roadblocks authorized for use, e.g., moving, fixed, or circle system, and the circumstances justifying their use, e.g., to stop a fleeing felon. The procedures should specify who has authority to implement and/or cancel a roadblock, the person in charge at the scene, and staffing arrangements. Whenever possible, planning should take place prior to implementation of the roadblock. Officers should be trained in roadblock techniques and properly equipped to set them up. Standards 1.3.2 and 41.2.2 are cross-references to this standard.

(M M M M)

 

61.3.5 If the agency uses adult school-crossing guards, a written directive specifies:

a. the adult school-crossing guards’ authority and responsibilities;

b. selection criteria for the adult school-crossing guards;

c. the uniforms to be worn by the adult school-crossing guards;

d. criteria for locations requiring adult school-crossing guards; and

e. identification of the locations requiring adult school-crossing guards, after conducting an annual analysis.

Commentary: The scope of school-crossing guards’ responsibilities and duties should be clearly spelled out and understood by both officers and crossing guards. Selection criteria should be based on the knowledge, skills, and abilities required for job performance. School crossing-guards should be uniformed so that motorists and pedestrians can readily recognize them and respond to their signals. Their uniforms should be distinctly different from those worn by sworn personnel.

The following variables should be considered when determining the locations where school-crossing guards are needed: traffic volume/speed, number of turning movements, width of an intersection, physical terrain, existence or absence of traffic control devices, local legislative policy, and the number and age of children utilizing the crossing.

Regarding bullet (e), the annual analysis should be conducted in conjunction with traffic engineering and school authorities. The survey’s data should form the basis for establishing school crossing points and school routes.

A uniform approach to school-area traffic controls should be developed to ensure the use of similar controls for similar situations, thus promoting uniform behavior on the part of drivers and pedestrians.

(O O O O)

 

61.3.6 The agency assists school authorities in the student safety patrol program.

Commentary: Student safety patrol activities should complement those of the school-crossing guards. Agency assistance in the organization, instruction, and supervision of student safety patrols should provide a degree of uniformity and improve program effectiveness. Student patrols should not be charged with the responsibility of directing vehicular traffic, nor should they be allowed to do so through the use of flags, hand signs, or other signal devices.

(O O O O)

 

61.3.7 If there are criminal justice coordinating and/or local or regional transportation system management planning committees within the agency’s jurisdiction, the agency participates in such committees.

Commentary: None.

(O O O O)

 

61.4 Ancillary Services

61.4.1 A written directive governs the provision of assistance to highway users, to include:

a. general assistance;

b. mechanical assistance and towing service;

c. protection to stranded persons; and

d. emergency assistance.

Commentary: The directive should set forth policies that describe the role of the agency in providing information and directions, assisting stranded or disabled motorists, providing or obtaining fuel, changing tires, making minor repairs, etc.

The highway user encountering mechanical or other difficulties necessitating assistance or towing generally must rely upon the officer to obtain needed services. The directives should establish procedures for obtaining services or other assistance in an equitable manner that satisfies the needs of the public, the law enforcement agency, and the providers of such services.

The agency has a responsibility to provide a communications link to obtain needed services for motorists and to provide protection for highway users stranded or disabled in hazardous locations or environments. The written directive should provide basic guidelines to ensure that help arrives in a timely fashion and that motorists are directed or actually transported to a place of safety.

The directive should describe the role of officers in providing first aid, obtaining medical assistance, fighting fires, obtaining fire service assistance, and transporting civilians. Agency personnel should have clear guidelines to ensure that fire suppression and emergency medical transport services are provided in a timely manner.

(M M M M)

 

61.4.2 A written directive specifies procedures for taking action to correct hazardous highway conditions.

Commentary: Roadway and roadside hazards are contributing factors in many traffic collisions. In order to mitigate these factors, the directive should specify procedures for reporting and correcting hazardous conditions such as debris in the roadway; defects in the roadway itself; lack of or defects in, highway safety features, e.g., impact attenuation devices, reflectors; lack of, improper, visually obstructed, or down or damaged mechanical traffic control devices and/or traffic control and informational signs; lack of or defective roadway lighting systems; and other roadside hazards, including vehicles parked or abandoned on or near the roadway.

(M M M M)

 

61.4.3 A written directive specifies procedures for the following:

a. handling of abandoned vehicles;

b. removal and towing of vehicles from public and private property; and

c. maintaining records of all vehicles removed, stored, or towed at the direction of an officer.

Commentary: The directive should define the circumstances under which vehicles are considered abandoned and when and how they are to be removed.

Procedures are needed for removal or towing of vehicles that are illegally stopped, standing, or parked; stolen or abandoned; and/or in the agency’s custody. In addition, the directive should establish procedures to notify the registered owner of the removal or tow and to afford the owner the opportunity for a hearing to determine the legality of such removal or tow.

Whenever a vehicle is removed or towed at the direction of an officer, a written record should be made of the time, date, location, requesting officer, reason for removal or tow, charges pending, towing service, location of the vehicle, and notification or attempted notification of the registered owner.

(M M M M)

 

61.4.4 Traffic safety educational materials are made available to the public.

Commentary: The ultimate goal of enforcement officials is to achieve voluntary compliance with traffic laws and regulations. Preparation and dissemination of traffic safety educational materials support enforcement efforts and enhance public understanding of traffic safety programs.

(O O O O)