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BY ORDER OF THE COMMANDER SHAW AFB SHAW AIR FORCE BASE INSTRUCTION 31-218 ... PDF

47 Pages·2016·0.44 MB·English
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SHAW AIR FORCE BASE BY ORDER OF THE COMMANDER INSTRUCTION 31-218 SHAW AIR FORCE BASE 22 APRIL 2019 Security MOTOR VEHICLE TRAFFIC SUPERVISION COMPLIANCE WITH THIS PUBLICATION IS MANDATORY ACCESSIBILITY: Publications and forms are available for downloading or ordering on the e-Publishing website at www.e-publishing.af.mil. RELEASABILITY: There are no releasability restrictions on this publication. OPR: 20 SFS/S-5P Certified by: 20 SFS/CC (Major Scott Haselden) Supersedes: SHAWAFBI31-218, 12 June Pages: 47 2018 This instruction supplements Air Force Instruction (AFI) 31-218 (i), Motor Vehicle Traffic Supervision and AFMAN 31-116, Air Force Motor Vehicle Traffic Supervision. It assigns responsibilities and procedures for motor vehicle traffic supervision on areas under the jurisdiction of Shaw Air Force Base (SAFB). The purpose of this traffic instruction is to establish standardized procedures for motor vehicle traffic supervision and ensure safe and efficient movement of vehicles, materials, and personnel to destinations on SAFB, South Carolina. This instruction complies with the National Highway Safety Program Standards promulgated under the National Highway Safety Act of 1966. This traffic instruction assimilates, to the maximum extent possible, the South Carolina Code of Laws, Title 56, Motor Vehicles. This instruction establishes procedures governing motor vehicle traffic supervision, parking restrictions, and registration requirements on SAFB, SC. The provisions of this instruction apply to all personnel assigned, attached or associated with the 20th Fighter Wing (20 FW), tenant units and all other individuals, whether military or civilian, while upon SAFB or any of its property. This publication requires the collection and maintenance of information protected by the Privacy Act of 1974. The authority to collect and maintain the records prescribed by this instruction is Title 10, United States Code (USC) § 8013. Each form, format, or form letter prescribed by this publication, which requires a Privacy Act Statement (PAS) in accordance with AFI 33-332, Privacy Act Program, must have the PAS incorporated thereon or the PAS will be prominently posted and be provided by the requester prior to collecting the information. Privacy Act information taken from an existing Privacy Act system of records, which authorizes blanket use of this information for this purpose, 2 SHAWAFBI 31-218 22 APRIL 2019 does not require a PAS. Collected information is “For Official Use Only.” Request to release Privacy Act information, to persons or agencies outside the Department of Defense (DoD) must be in accordance with AFI 33-332. Privacy Act System Notice F031AF SP L, Traffic Accident and Vehicle Reports, applies. Ensure that all records created as a result of processes prescribed in this publication are maintained in accordance with (IAW) Air Force Manual (AFMAN) 33-363, Management of Records, and disposed of IAW the Records Disposition Schedule (RDS) located in the Air Force Records Information Management System (AFRIMS). Refer recommended changes and questions about this publication to the Office of Primary Responsibility (OPR) using the AF Form 847, Recommendation for Change of Publication; route the AF Form 847 from the field through the appropriate functional chain of command. SUMMARY OF CHANGES This publication has a minor change to Table 4.3. that enforces improper parking in a safety/fire lane by 4 points. This is to comply with South Carolina Code Section 56-5-2530 “Stopping, standing, or parking prohibited in specified places”, parking within fifteen feet of a fire hydrant or between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. Chapter 1— INTRODUCTION 4 1.1. Program Management. .......................................................................................... 4 1.2. Responsibilities. ..................................................................................................... 4 Table 1.1. Traffic Safety Coordination Group. ........................................................................ 4 1.3. Delegation of Authority. ....................................................................................... 5 Chapter 2— DRIVING PRIVILEGES 6 2.1. Requirements for Driving Privileges. .................................................................... 6 2.2. Stopping and Inspecting Personnel or Vehicles. ................................................... 6 2.3. Implied Consent to Blood, Breath, or Urine Tests. ............................................... 6 2.4. Implied Consent to Vehicle Impoundment. .......................................................... 6 2.5. Suspension or Revocation of Driving Privileges. ................................................. 7 2.6. Reciprocal Procedures. .......................................................................................... 10 2.7. Administrative Due Process for Suspensions and Revocations. ............................ 10 2.8. ADAPT Programs. ................................................................................................ 12 2.9. Restoration of Driving Privileges on Acquittal. .................................................... 12 2.10. Restricted Driving Privileges or Probation. ........................................................... 13 2.11. Extensions of Suspensions and Revocations. ........................................................ 13 SHAWAFBI 31-218 22 APRIL 2019 3 2.12. Reciprocal State - Military Action. ........................................................................ 14 Chapter 3— TRAFFIC PLANNING AND CODES 15 3.1. Traffic Planning. .................................................................................................... 15 3.2. SAFB Traffic Code. ............................................................................................... 15 3.3. Traffic Law Enforcement Principles. ..................................................................... 18 3.4. Speed Measuring Devices. .................................................................................... 19 3.5. Traffic Accident Investigation. .............................................................................. 20 3.6. Traffic Accident Investigation Reports. ................................................................. 20 3.7. Use of Traffic Accident Investigation Report Data. .............................................. 22 3.8. Parking. .................................................................................................................. 22 3.9. Traffic Violation Reports. ...................................................................................... 26 Chapter 4— DRIVING RECORD AND TRAFFIC POINT SYSTEM 30 4.1. Driving Records. ................................................................................................... 30 Table 4.1. Suspension/Revocation of Driving Privileges. ....................................................... 31 4.2. The Traffic Point System. ..................................................................................... 32 4.3. Point System Application. .................................................................................... 33 Table 4.2. Points Assessment for Moving Violations. ............................................................. 34 Table 4.3. Point Assessment for Non-Moving Violations. ...................................................... 37 4.4. System Procedures. ................................................................................................ 38 Chapter 5— IMPOUNDING PRIVATELY OWNED VEHICLES 40 5.1. General. ................................................................................................................. 40 5.2. Standard for Impoundment. .................................................................................... 40 5.3. Towing and Storage. ............................................................................................... 41 5.4. Procedures for Impoundment. ................................................................................. 41 5.5. Search Incident to Impoundment Based on Criminal Activity. ............................ 42 5.6. Disposition of Vehicles After Impoundment. ....................................................... 42 4 SHAWAFBI 31-218 22 APRIL 2019 Chapter 1 INTRODUCTION 1.1. Program Management. This instruction implements policy, responsibilities, and procedures for motor vehicle traffic supervision on Air Force installations where the 20th Fighter Wing Commander (20 FW/CC) has jurisdiction. This instruction provides additional Air Force specific guidance to complement guidance found in AFI 31-218(i) and AFMAN 31-116. The objective of the traffic control program is the safe and efficient flow of vehicles and pedestrians through reduction of factors contributing to accidents. 1.2. Responsibilities. 1.2.1. To meet the goals and objectives necessary to establish and manage the SAFB traffic supervision program, the 20 FW/CC has created the Traffic Safety Coordination Group (TSCG). The TSCG is responsible for traffic devices, traffic signs, pavement markings, parking areas, and reserved parking areas. The TSCG should meet quarterly or at the call of the chairperson when a sufficient agenda has accumulated. It will be composed of the following officials: Table 1.1. Traffic Safety Coordination Group. Chairperson - Mission Support Group Deputy Director for Installation Support Member (Alternate Chairperson) - Base Civil Engineer/CE Recorder - Civil Engineering/CEOE Member - Chief of Ground Safety/SEG (Wing representative) Member - Logistics Readiness Squadron/LRS/ LGRDDO Member - Defense Force Commander (DFC) Member - Security Forces Plans & Programs Representative Advisors - Pavements Engineer, Chief of Heavy Repair, Bargaining Unit Representative (Civilian Union), Base Traffic Engineer, and NCOIC, Police Services 1.2.2. Installation Defense Force Commander (DFC). The DFC is the installation commander's principal advisor on issues pertaining to the safe movement of personnel and traffic. The DFC exercises staff responsibility for directing, regulating, controlling traffic, and enforcing installation rules pertaining to traffic control. The DFC assists traffic engineers with traffic control studies to gather information on traffic problems and usage patterns. 1.2.3. Installation Safety Officer. The safety officer develops traffic accident prevention initiatives in support of the installation traffic safety program. They also help the DFC and other agencies with accident and incident investigation. 1.2.4. Installation Civil Engineering (20 CES). The 20 CES plans, designs, constructs, and maintains streets, highways, and abutting lands. The 20 CES selects, determines appropriate design, procures, constructs, installs, and maintains permanent traffic and parking control devices in coordination with the DFC and installation safety officer. They ensure traffic signs, signals, and pavement markings conform to the standards in the current Manual on Uniform Traffic Control Devices for Streets and Highways. They also ensure planning, design, construction, and maintenance of streets and highways conform to National Highway Safety Program Standards. SHAWAFBI 31-218 22 APRIL 2019 5 1.2.5. Installation Traffic Engineer. Traffic engineers conduct formal traffic engineering studies. They apply traffic engineering measures and control devices to reduce the number and severity of traffic accidents. 1.2.6. Mental Health Office. The mental health substance abuse control program provides alcohol/drug education, treatment, and rehabilitation to personnel identified with alcohol and/or drug abuse problems. 1.2.7. The 20 FW/CC, 20th Fighter Wing Safety (20 FW/SE), 20th Security Forces Squadron (20 SFS), 20th Civil Engineering Squadron (20 CES), 20th Logistics Readiness Squadron (20 LRS) (Vehicle Operations), and TSCG will review high frequency accident locations to determine methods to reduce the number of accidents. 1.2.8. Unit commanders will ensure assigned personnel (military and civilian) are aware of the requirements in AFI 31-218(i) and this instruction. Additionally, it is the responsibility of all military and civilian personnel assigned to SAFB to ensure persons they sponsor (family, friends, associates, etc.) are aware of the requirements set forth in these publications. 1.3. Delegation of Authority. The 20 FW/CC has delegated authority under this instruction to the 20th Mission Support Group Commander (20 MSG/CC) or Deputy Commander (20 MSG/CD) in his/her absence. Those selected for delegation must not occupy a law enforcement, investigative, or other position, which might lead to a conflict of interest or the appearance of such conflict during their administration of the motor vehicle traffic supervision program. 20 FW/CC must coordinate their letters of delegation through 20th Fighter Wing Judge Advocate (20 FW/JA). 6 SHAWAFBI 31-218 22 APRIL 2019 Chapter 2 DRIVING PRIVILEGES 2.1. Requirements for Driving Privileges. 2.1.1. Driving a Government Owned Vehicle (GOV) or Privately Owned Vehicle (POV) on 20 FW properties is a privilege granted by the 20 FW/CC. Persons who accept the privilege must: 2.1.1.1. Lawfully be licensed to operate motor vehicles in appropriate classifications and not be under suspension or revocation in any state or host country. 2.1.1.2. Comply with laws and regulations governing motor vehicle operations on any US military installation. 2.1.1.3. Possess, while operating a motor vehicle, and produce on request by 20 SFS personnel, the following: 2.1.1.3.1. Proof of state registration. 2.1.1.3.2. A valid state driver’s license and/or AF Form 2293, US Air Force Motor Vehicle Operator’s Identification Card as applicable to the class vehicle to be operated, supported by a DD Form 2, Armed Forces of the United States Geneva Convention, Common Access Card (CAC), or other appropriate identification for non-Department of Defense (DoD) civilians. Persons may drive on 20 FW properties if they have a valid International License or valid driver’s license from their state or country of residence. 2.1.1.3.3. Regulatory permits or other pertinent documents relative to shipping and transportation of special cargo or occupants, when appropriate. 2.1.1.3.4. Proof of valid insurance. Proof of insurance consists of an insurance card, other documents issued by the insurance company, or digital proof that has a policy effective date, and an expiration date. 2.1.1.3.5. Operators of GOVs must have proof of authorization to operate the vehicle via AF Form 2293. 2.1.1.3.6. Proof of Rental Vehicle agreement. 2.2. Stopping and Inspecting Personnel or Vehicles. Security Forces may stop vehicles on SAFB with inherent authority from the 20 FW/CC. On-base traffic stops and inspections (other than at entry gates and restricted areas) of POVs are authorized when there is a reasonable basis to believe it is necessary to enforce a traffic regulation or when there is suspicion of criminal activity. 2.3. Implied Consent to Blood, Breath, or Urine Tests. Drivers give consent to evidential tests for alcohol or other drug content of their blood, breath, and/or urine as a condition to accepting installation driving privileges. This consent applies when lawfully stopped, detained, apprehended, or cited for any impaired driving offense committed while driving or in physical control of a motor vehicle on SAFB. 2.4. Implied Consent to Vehicle Impoundment. As a condition to accepting installation driving privileges, drivers must give their consent for the removal and temporary impoundment of their SHAWAFBI 31-218 22 APRIL 2019 7 POV if their POV is: 1) illegally parked for unreasonable periods (greater than 72 hours); 2) interfering with military operations; 3) creating a safety hazard; 4) disabled by accident or incident; 5) left unattended in, or adjacent to, a restricted, controlled, or off-limits area; and 6) abandoned. The authority to determine the existence of these conditions has been delegated to the DFC. Such persons further agree to reimburse the Air Force for the cost of towing and storage should their motor vehicle be removed or impounded. 2.4.1. The 20 FW/CC clarifies in this instruction vehicle abandonment and other terms relevant to enforcement action. 2.4.2. All vehicles deemed to be abandoned by the below conditions will be cited. Vehicles requiring to be moved must do so within 72 hours of receipt of the citation. 2.4.2.1. The owner/care taker of the vehicle cannot be identified. 2.4.2.2. A vehicle is observed with expired or no license plate. 2.4.2.3. A vehicle is in state of disrepair (i.e. extensive damage, flat tires, missing major parts, etc.). 2.4.2.4. A vehicle threatens public safety or convenience. 2.4.2.5. Vehicles left unattended or unmoved for 30 days or more. 2.5. Suspension or Revocation of Driving Privileges. The 20 MSG/CC or 20 MSG/CD has the authority to administratively suspend or revoke driving privileges on SAFB. Further, the 20 FW/CC has delegated to unit commanders the authority to administratively suspend an active duty military member’s driving privileges on SAFB for a period not to exceed 90 days. 2.5.1. Suspensions. 2.5.1.1. The 20 MSG/CC or 20 MSG/CD can suspend driving privileges for serious violations or when lesser measures fail to improve a driver's performance. Measures should include counseling, remedial driving training, and rehabilitation programs if violator is entitled to these programs. The 20 MSG/CC or 20 MSG/CD may also suspend or revoke licenses for up to 12 months if a driver continually violates installation parking standards or habitually violates other standards considered non-moving in nature. Each unit commander has the prerogative and responsibility of deciding whether to suspend privileges for up to 90 days or to recommend suspension or revocation of driving privileges for greater than 90 days. The unit commander will submit specific justification to the 20 SFS/S5R if mandatory suspension or revocation is deemed appropriate or necessary. Cases involving the following violations should be considered for suspension action for a period of not less than 30 days and not more than 90 days. 2.5.1.1.1. Exceeding the speed limit by more than 10 miles per hour in conjunction with previous moving violations recorded within the past 6 months. 2.5.1.1.2. Conviction or administrative finding of three moving violations within 12 months which do not otherwise require suspension or revocation. 2.5.1.1.3. Conviction or administrative finding of three non-moving violations within a 6-month period. 2.5.1.1.4. Conviction or administrative finding of reckless driving or speed contests. 8 SHAWAFBI 31-218 22 APRIL 2019 2.5.1.1.5. Conviction or administrative finding of leaving the scene (hit and run) of an accident resulting in property damage or personal injury. 2.5.1.1.6. Standards for suspension based on frequency of parking and non-moving violations are listed in Table 4.1. A sample of the Suspension letter is available by contacting 20 SFS/S5R at ext. 895-3618. 2.5.1.2. The 20 MSG/CC or 20 MSG/CD should consider suspending or revoking driving privileges for a period greater than 90 days for members whose offenses are more frequent and/or more severe than those listed above. Noncompliance with base registration requirements, violations of safety requirements or occupant restraint policy will result in the following action. 2.5.1.2.1. In most cases involving a first offense, the commander will decide whether to suspend base driving privileges for a maximum of 30 days. 2.5.1.2.2. The 20 FW/CC has authorized the issuance of a “Preliminary Suspension Letter,” intended to effect the immediate suspension of driving privileges pursuant to AFI 31-218(i), paragraph 2-4. A sample of this letter is available by contacting 20 SFS/S5R at ext. 895-3618. 2.5.1.3. The 20 MSG/CC or 20 MSG/CD will immediately suspend installation GOV or POV driving privileges pending resolution of an intoxicated driving incident, which involves active duty military personnel, their family members, retired members of the military service, and DoD civilian personnel. This applies regardless of the geographic location of an intoxicated driving incident. 20 MSG/CC or 20 MSG/CD can only suspend privileges of non-DoD affiliated civilians for incidents occurring on SAFB. After a review of available evidence as specified in paragraph 2.7., suspend driver’s privileges pending resolution of the intoxicated driving incident under the circumstances outlined below: 2.5.1.3.1. Refusal to take or complete a lawfully requested chemical test to determine blood alcohol content (BAC) or breath alcohol content (BrAC) for alcohol or other drugs. 2.5.1.3.2. Operating a motor vehicle with BAC or BrAC of 0.08 percent by volume or higher. 2.5.1.3.3. Operating a motor vehicle with a BAC or BrAC below 0.08 percent blood alcohol by volume if the jurisdiction in which the vehicle is operated imposes a suspension for a BAC or BrAC level below 0.08. 2.5.1.3.4. On an arrest report or other official document reasonably showing an intoxicated driving incident occurred. 2.5.1.3.5. The 20 FW/CC assimilates the following provisions of the South Carolina Vehicle Code: 2.5.1.3.5.1. CIVILIAN AND MILITARY: It is unlawful to operate a motor vehicle, including off-road vehicles, with 0.08 percent or more, by weight, of alcohol in the driver’s blood. (S.C. Code, Section 23-31-420) 2.5.1.3.5.2. MILITARY ONLY: It should be noted that the Uniform Code of Military Justice (UCMJ) contains elements of “wanton or reckless” and “drunk or SHAWAFBI 31-218 22 APRIL 2019 9 impaired” operation of a motor vehicle, which apply for driving under the influence (DUI) of alcohol and drugs. Charges based on these alternative UCMJ elements may be supported by evidence of a failed field sobriety test, erratic driving, slurred speech, etc. 2.5.1.3.5.3. CIVILIAN AND MILITARY UNDER THE AGE OF 21: It is unlawful to operate a motor vehicle, including a government vehicle or off-road vehicle, while under the age of 21 years of age, with 0.02 percent or more, by weight, of alcohol in the driver’s blood. (S.C. Code, Section 56-1-286) 2.5.1.3.5.4. Under the S.C. Zero Tolerance Law, failure of breath and/or blood tests or refusal to submit to, breath and/or blood samples to determine subject alcohol concentration will result in suspension or denial of the privilege to drive in South Carolina for at least 3 months. To enable the suspension/denial of these privileges, law enforcement officers will confiscate a suspect’s driver’s license and issue South Carolina Law Enforcement Division (SLED) Form No. ICS-010, Advisement of Implied Consent Rights. Seized driver’s licenses will be forwarded to 20 SFS/S- 2I, who will establish disposition of driving privileges/license suspension with the issuing state. 2.5.1.4. When an immediate suspension of driving privileges for a driving while intoxicated offense is warranted pursuant to AFI 31-218(i), paragraph 2-4a.(3), or this instruction, the following procedures apply: 2.5.1.4.1. Following the review of all available evidence, 20 MSG/CC or 20 MSG/CD may issue, or verbally direct the on-duty SFS, unit commander, first sergeant, or other representative to issue a preliminary suspension letter to the driver. 2.5.1.4.2. When feasible, the preliminary suspension letter should be issued to the driver in the presence of the unit commander, first sergeant, civilian supervisor, or other unit representative. If personal service of the letter is not feasible, the Security Forces shall brief the driver’s first sergeant or commander of the incident and suspension and send the letter to the driver via certified mail. For on-base incidents of intoxicated driving, the letter should be issued before the release of the driver from Security Forces custody. For off-base incidents of intoxicated driving, violators must report to the Base Defense Operations Center (BDOC) within 24 hours from the time they are released from detention or custody of apprehending authorities, with their unit commander, first sergeant, civilian supervisor, or other unit representative for issuance of the letter. 2.5.2. Revocation. 2.5.2.1. The 20 MSG/CC or 20 MSG/CD will immediately revoke driving privileges for a period of not less than one year in the following circumstances: 2.5.2.1.1. A person is lawfully detained for intoxicated driving and refuses to submit to or complete tests to measure blood alcohol or drug content as required by local state law or UCMJ. 2.5.2.1.2. A conviction, nonjudicial punishment, or a military or civilian administrative action resulting in the suspension or revocation of a driver’s license for 10 SHAWAFBI 31-218 22 APRIL 2019 intoxicated driving. Official documentation is required as the basis for this type of revocation action. 2.5.2.1.3. When a serious incident involving a motor vehicle occurs and immediate revocation of driving privileges is required to preserve public safety or the good order and discipline of military personnel. 2.5.2.2. The DFC develops plans and procedures to forward revocation, suspension, and driving records to gaining commanders, and to initiate appropriate staff action when receiving similar records from losing commanders of inbound personnel. 2.5.2.3. When temporary suspensions are followed by revocations, compute the revocation period from the original suspension date, exclusive of any period during which full driving privileges were restored, pending resolution of charges. 2.5.2.4. The 20 MSG/CC or 20 MSG/CD may impose multiple suspensions to run consecutively or concurrently. 2.6. Reciprocal Procedures. 2.6.1. The 20 FW/CC honors revocations issued by other installation commanders regardless of service component affiliation. Revocations remain in effect during reassignment unless the issuing authority terminates the revocation before reassignment. 2.7. Administrative Due Process for Suspensions and Revocations. 2.7.1. When considering suspending or revoking someone’s driving privileges, SF personnel will notify the person in writing to tell them what action is being taken and the reason for those actions. Coordinate this notice with the base legal office. 2.7.2. Except for incidents outlined in para 2.5.1.3. and 2.5.2.1., do not suspend or revoke a person's driving privileges until the offender is notified (or reasonable attempts made) and offered an administrative hearing. 20 MSG/CC or 20 MSG/CD determines when a suspension or revocation takes effect once making or attempting this written notice. Only in unusual circumstances should Security Forces personnel make verbal notifications. Unless an application for a hearing is made within the prescribed period, suspension or revocation takes place on the prescribed date and time. 20 MSG/CC or 20 MSG/CD determines the time period for a suspension or revocation action after receiving a request for an administrative hearing. For offenses outlined in para 2.5.1.3. and 2.5.2.1., 20 FW/CC will authorize an immediate preliminary suspension based on reliable evidence. Such evidence can include witness statements, a military or civilian police report, chemical test results, a refusal to complete chemical testing, video recordings, written statements, field sobriety test results, and/or other evidence. 2.7.2.1. The 20 MSG/CC or 20 MSG/CD must conduct evidence reviews as soon as possible but no later than 3-duty days following final assembly of evidence. 2.7.2.1.1. The 20 MSG/CC or 20 MSG/CD are designated hearing officers for suspensions or revocations. If a hearing is requested, units will coordinate with 20 SFS/S5R to schedule the hearing. Unit commanders are designated as hearing officers for suspensions of 90 days or less. The DFC will complete preliminary revocation of driving privileges for intoxicated driving offenses after reviewing all reliable evidence.

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