Applicable To: All Field Operations Division Sworn Personnel

Approval Authority:  Deputy Chief H.R. Dunovant

Signature:  Signed by HRD

Date Signed:  9/30/2004

1.               PURPOSE

The intent of this directive is to establish a uniform procedure for handling unlawful riding cases.

2.               POLICY

The Atlanta Police Department ensures that enforcement is conducted uniformly and equitably.

3.               RESPONSIBILITIES

3.1                           Supervisors will monitor the activity of officers to ensure compliance with this directive.

3.2              Officers will uniformly enforce the Unlawful Riding Ordinance.

4.               ACTION

4.1              Officers who observe unlawful riding will take the appropriate action to stop this conduct.

4.1.1           Officers observing persons riding on the hood, roof or trunk of a moving vehicle will arrest or issue a copy of charges to the violator for Unlawful Riding.

4.1.2           Officers will physically arrest the driver of any vehicle upon which unlawful riding occurs.

4.2              Exemptions
 

4.2.1           No arrest will be made under the following circumstances:

1.    Persons riding within the truck bodies.

2.    Persons standing up in the sunroofs of vehicles. 

3.    Persons engaged in the necessary discharge of their employment.

5.                               DEFINITIONS

5.1                            Unlawful Riding: No person shall ride on any vehicle upon any portion thereof not designed or intended for use of passengers.  This section shall not apply to an employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise.

5.2              Reckless Driving: Driving any vehicle in reckless disregard for the safety for the safety of persons or property.

6.               CANCELLATIONS

FOD.CM.01.09

7.                REFERENCES

City Code of Atlanta, Section 150-292, “Unlawful Riding”

Code of Georgia Annotated, Section 40-6-390, “Uniform Rules of the Road”.

Code of Georgia Annotated, Section 40-8-79, “Unlawful for person under 18 years of age to ride as passenger in uncovered bed of pickup truck.”