July 1, 2004 To establish the policies and procedures for the Traffic Accident Review Board.

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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

 

Effective Date

December 15, 2008

 

 

APD.SOP.3152

Employee Involved Motor Vehicle Collision Investigation

 

Applicable To: All employees

Approval Authority:  Chief George N. Turner

Signature:  Signed by GNT

Date Signed:  12/1/11

 

 

1.          PURPOSE  PAGEREF _Toc306613653 \h 1

2.          POLICY  PAGEREF _Toc306613654 \h 1

3.          RESPONSIBILITIES  PAGEREF _Toc306613655 \h 1

4.          ACTION   PAGEREF _Toc306613656 \h 2

4.1           Investigating Authority  PAGEREF _Toc306613657 \h 2

4.2           City Motor Vehicle Collision Inv. Package  PAGEREF _Toc306613658 \h 2

4.3           Categories of Motor Vehicle Collisions  PAGEREF _Toc306613659 \h 3

 

 

 

1.               PURPOSE

 

To standardize the investigative and disciplinary process pertaining to employees’ involvement in motor vehicle collisions.

 

2.               POLICY

 

Office of Professional Standards (OPS) Packages shall be initiated on all motor vehicle collisions involving Atlanta Police Department vehicles to determine employee culpability and to promote consistency of discipline.

 

3.               RESPONSIBILITIES

 

3.1              Section commanders shall ensure that all employees under their respective commands utilize safe driving techniques.

 

3.2              OPS shall maintain all records of city motor vehicle collisions as outlined in this directive.

 

3.3              The Training Academy shall ensure that remedial driver training is conducted for those determined by command to be in need of said training.

 

3.4              Supervisors are responsible for investigating motor vehicle collisions involving employees and completing the necessary documentation.

 

3.5              All employees are responsible for utilizing safe driving techniques while driving department vehicles.

  

4.               ACTION

 

4.1              Investigating Authority

 

4.1.1           Command shall investigate all employee involved motor vehicle collisions, with the exception of those incidents where the severity or circumstances warrants OPS conducting the investigation. This shall be determined by the section commander.

 

4.2              City Motor Vehicle Collision Investigation Package

 

4.2.1           The supervisor of the employee involved in a motor vehicle collision shall:

 

1.    Respond to the accident scene; if the accident occurred outside of APD jurisdiction, the supervisor shall obtain the accident report from the agency having jurisdiction.

 

2.    Shall obtain an OPS Control Number;

 

3.    Review the accident report prepared by the investigating officer;

 

4.    Prepare any necessary supplemental reports;

 

5.    Prepare a Supervisor Accident Investigation Summary (Form APD 705);

 

6.    Prepare a Supervisor’s Statement to include:

 

a.    Narrative summary of incident.

 

b.    Detailed analysis of the collision, including the extent of vehicle and/or property damage and contributing factors.

 

7.    Deliver copies of these reports to the employee’s Section commander;

 

8.    Obtain photographs; and

 

9.    Obtain damage estimates.

 

4.2.2           All repair estimates for department owned or operated vehicles involved in motor vehicle collisions shall be obtained from a city- approved vehicle repair facility.

 

4.2.3           The employee’s section commander shall ensure that the completed city motor vehicle collision investigation package is submitted to OPS within 14 days of the accident.

 

4.2.4           The employee’s chain of command shall review the completed city motor vehicle collision investigation package, all available reports, and related documents to ascertain cause and determine responsibility for the purpose of recommending corrective and/or disciplinary action, and improving the department’s driving standard. Investigations shall be initiated on all reports of motor vehicle collisions involving:

 

1.    Departmental vehicles;

 

2.    Vehicles rented by the department being officially used for departmental purposes;

 

3.    Privately-owned vehicles which are authorized for, or officially used, on duty; or

 

4.    Any other vehicles being officially used for departmental purposes.

 

4.2.5           To further assist in ascertaining the circumstances related to an employee’s accident, the investigative authority may examine data collected from the Crash Data Retrieval System (CDR) in the vehicle involved in an accident.  For accuracy, the collected data must be analyzed and interpreted by a Crash Data Retrieval Specialist.

 

4.3              Categories of Motor Vehicle Collisions

 

1.    Minor Motor Vehicle Collision

       Total damage estimates for City vehicles, equipment and property is less than $1,000.

 

2.    Moderate Motor Vehicle Collision

       Total damage estimate for City vehicles, equipment and property is greater than $1000 and less than $5,000.

 

3.    Major Motor Vehicle Collision

       Total damage estimate for City vehicles, equipment and property is greater than $5,000 and less than $15,000.

 

4.    Severe Motor Vehicle Collision

       Total damage estimate for City vehicles, equipment and property exceeds $15,000.

 

4.4              Disciplinary Action and Sanctions

 

4.4.1           Upon receipt of at-fault accident packages, section commanders shall have 14 days to complete and return the accident and disciplinary package to OPS.

 

4.4.2           Section commanders shall ensure that all employees that have been sanctioned for their involvement in at-fault motor vehicle collisions be required to attend remedial driver training.  This training should occur as soon as possible, at the Academy Director’s direction.

 

4.4.3           Section commanders shall also use non-disciplinary methods including, but not limited to: remedial driver training, foot-beat patrol, and/or non-driving assignments, when warranted.

 

4.4.4           Based upon investigative findings, when it is determined that an employee’s accident is at-fault, the employee’s chain of command shall determine the corrective or disciplinary action to be imposed within 14 days, as outlined in APD.SOP.2020 “Disciplinary Process.”

 

4.4.5           Section Commanders shall reserve the authority in cases where recklessness was a factor, to issue a more severe discipline than is listed below.

 

1.    Minor Motor Vehicle Collision - Violations of work rule 4.4.04 shall necessitate the imposition by the section commander of, at a minimum, an oral admonishment, even if the employee has no prior at-fault vehicular accident.

 

2.    Moderate Motor Vehicle Collision - Violations of work rule 4.4.04 shall necessitate the imposition by the section commander of, at a minimum, a written reprimand.  This standard shall apply even though the employee may never have been involved in an at-fault accident.

 

3.    Major Motor Vehicle Collision - Violations of work rule 4.4.04 shall necessitate the imposition by the section commander of, at a minimum, a one (1) day suspension.  This standard shall apply even though the employee may never have been involved in an at-fault accident.

 

4.    Severe Motor Vehicle Collision - Violations of work rule 4.4.04 shall necessitate the imposition by the section commander of, at a minimum, two (2) days suspension.  This standard shall apply even though the employee may have never been involved in an at-fault accident.

 

4.4.6           Progressive discipline would be rendered from the point of each infraction in compliance with APD.SOP.2020 “Disciplinary Procedures” 

 

4.5              Records

 

4.5.1           For all employees - related motor vehicle collisions, OPS shall file and maintain all reports obtained from all employee involved motor vehicle collision investigations.

 

4.5.2           OPS shall forward all completed motor vehicle collision investigations to the Training Section commander for a quarterly and annual analysis to identify vehicle operation training needs.   This analysis shall be sent to the Chief of Police, assistant chief, deputy chiefs, OPS, Training commanders, and the Planning and Research / Accreditation Unit.  Training and PRAU shall keep the analyses on file for three years.

 

5.               DEFINITIONS

 

5.1              Crash Data Retrieval System (CDR):  A motor vehicle collision reconstructive analyzing system utilized by the Department’s Hit & Run/Traffic Fatality Unit, to assist in determining seat belt status, vehicle dynamics, and the vehicle speed prior to and during collision.

 

5.2              Crash Data Retrieval (CDR) Specialist:  A person who has completed the Bosch Preferred Crash Data Retrieval Technician Course and Data Analyst Certification Course from a Crash Data Group (CDR Distributor) approved instructor and is certified in the operating of the Crash Data Retrieval System as well as the analysis of the retrieved data.

 

6.               CANCELLATIONS

 

                  APD.SOP.3152 Traffic Accident Review Board, issued November 15, 2008

                  APD.CM.04.77 Traffic Accident Reduction, issued September 30, 2004

                  Form APD 679 Accident Review Board

 

7.               REFERENCES

 

                  APD.SOP.2020 Disciplinary Process

 

                  Georgia Law Enforcement Handbook, 2010-2011 Edition, page 793