Traffic Enforcement and Legal Terms

• The primary goal of traffic enforcement is to encourage drivers to comply with traffic laws and drive safely.
• Traffic enforcement covers all law enforcement aspects related to vehicles, roadways, and pedestrians, including directing traffic, issuing citations, and handling unattended, abandoned, or disabled vehicles.
• Driving is a primary means of transportation and a key point of contact between law enforcement and the public.
• Effective traffic enforcement can prevent/solve crimes and identify car theft, carjacking, warrants, suspended licenses, abuse, kidnapping, runaways, illegal weapons/drugs, and fleeing criminals.

Traffic Legal Terms

• A driver is a person in physical control of a vehicle or steering a vehicle being towed.
• A pedestrian is a person on foot on a road, burm, shoulder, or sidewalk.
• A vehicle is every device by which any person or property is transported on a highway, except personal delivery devices, mobile carriers, and devices used exclusively on stationary rails or tracks.
• Examples of vehicles include bicycles, electric scooters, and riding lawnmowers.
• A motor vehicle is an automobile, motorcycle, truck, trailer, semi-tractor, truck tractor, semi-trailer combination, or any other vehicle operated on roads to transport persons/property, propelled by non-muscular power.
• A recreational vehicle designed as temporary living quarters is a motor vehicle if self-motorized or mounted/pulled by another motor vehicle.
• Not Motor Vehicles: traction engine, road roller, personal delivery device, special mobile equipment, vehicle that runs only on a track bicycle, Swamp Buggy, moped, or motorized scooter
• An autonomous vehicle is equipped with technology that senses the environment and moves on the road without a person actively controlling or monitoring (driverless/self-driving/robotic).
• A roadway is a portion of a highway used for vehicular traffic that does not include the burm, shoulder, or sidewalk.
• A street or highway is the entire width between boundary lines of public space for vehicular traffic.
• A street or highway is also the entire width between boundary lines of privately owned space for vehicular traffic by the owner or those given permission by the owner.
• A street or highway is any limited access road owned/controlled by a specific district when a county/municipality exercises traffic control jurisdiction.
• A street or highway is an area not open to public vehicle traffic (runway, taxiway, ramp, clear zone, parking lot) within the boundaries of an airport owned by the state/county/municipality/political subdivision.
• Street or highway also includes a space used for vehicular traffic on a controlled access basis in a mobile park recreation district and open to the public.
• A laned highway is a road divided into two or more clearly marked lanes for vehicular traffic.
• A limited access facility is a road adjacent to private property to which the property owners have no right or easement.
• Owners may have access to the light, air, or view over the property.
• An example: a road with signage prohibiting/limiting access for trucks/buses/commercial vehicles.
• A private road or driveway is a privately owned space for vehicular traffic by owners and people with their permission.
• A state road is a highway the Department of Transportation designates as a state-maintained road.
• An intersection is the area within the connection of lateral curves/boundary lines of two or more roadways of two highways joined at approximate right angles and where a highway includes two roadways 30 ft+ apart, every crossing of each roadway of the divided highway by an intersecting highway.
• A crosswalk is an area of a road within an intersection distinctly marked on the surface to indicate a pedestrian crossing.
• Crosswalk marks connect lateral lines of sidewalks on opposite sides of the highway, from the curbs or edges of the road if there are no curbs.
• A sidewalk is an area that pedestrians use between the curb/lateral line of a roadway and the adjacent property lines.
• A bicycle path is any road/path open to bicycle travel, separated from motorized vehicular traffic by an open space/barrier, located within the highway right-of-way or within an independent right-of-way.

Traffic Statutes

• Some traffic violations result in criminal charges; others are civil infractions of a non-criminal nature (moving/non-moving violations).
• Chapters 316, 320, and 322 contain civil traffic infractions punishable by fines, court costs, driving school, or community service.
• A driver with a civil traffic infraction does not face incarceration, has no right to a jury trial or court-appointed lawyer, but may elect a hearing before a judge or hearing officer.

Florida Driver's License

• A Florida driver's license is issued to Florida residents who pass the Department of Highway Safety and Motor Vehicles (DHSMV) tests, allowing them to legally drive in Florida.
• DHSMV is responsible for issuing driver's licenses, motor vehicle titles, license plates, and vehicle registrations.
• DHSMV also issues Florida ID cards, which are not driver's licenses, though they resemble them.
• An individual cannot have both a valid driver's license and a valid Florida ID card or more than one driver's license.
• All drivers in Florida must have a valid driver's license from Florida, another state, or an entity approved by the state of Florida or the U.S. Government.
• Drivers must show their driver's license when asked by a law enforcement officer.
• If a driver cannot produce a valid driver's license, request another form of photo/military ID or conduct a database query.
• If the driver is licensed but doesn't have the license, determine whether to issue a citation for failure to carry and exhibit the license on demand, and collect a fingerprint where required on the citation.
• It is illegal to operate a motor vehicle without a valid driver's license.
• It is a moving violation to drive with a suspended, revoked, canceled, or disqualified license.
• It is a misdemeanor if the driver doesn't know their license is no longer valid.
• It is a felony if the driver knows that their license is suspended.
• It is illegal to drive with a faded, altered, mutilated, or defaced driver's license.
• If confiscating a driver's license due to suspension, mutilation, revocation, or alteration, dispose of it according to agency policies and procedures.
• Foreign visitors are not required to obtain an international driving permit, but must be in the country legally and carry a valid driver's license from their country of origin.

License Formats

• Florida has three types of driver's licenses: commercial, non-commercial, and learner.
• Florida driver's license also has four classes: A, B, C, and E.
• The classes indicate what type of vehicle a driver can legally operate (GVWR or vehicle).
• Licenses issued to drivers 21+ have a horizontal format; licenses issued to drivers younger than 21 have a vertical format.
• The color header of the license identifies the license type and class.
  • Blue: CDL (Commercial Driver's License), Classes A, B, and C.
  • Green: Class E (average driver's license).
  • Orange: Class E (learner's license).
• DHSMV-issued ID cards have a red header.
• Florida driver's licenses have several security features that can only be seen under a black light.

Post-2017 Format

• Currently issued Florida driver's licenses have three headshots on the front, one of which is transparent.
• They also have a light blue Florida seal on the back with the State of Florida resting against ocean waves.
• For qualified drivers, a red "safe driver" label appears near the front center of the card above the issue date.
• A tactile feature appears on the bottom right side of the card with a designation located above the smaller headshot on the front of the driver's license.
• A tactile feature appears on the bottom left side with designations located on the bottom right of the card.
• The reverse side displays 1D and 2D barcodes.

Pre-2017 Format

• Florida driver's licenses issued before 2017 have a different format:
  • Blue header: CDL, Classes A, B, and C.
  • Green header: Driver's license, Classes E and D.
  • Yellow header: Learner's license.
• Florida ID cards issued before 2017 have a pink/red header.

Endorsements, Restrictions, and Designations

• An endorsement is a special authorization printed on a license permitting a driver to operate certain vehicles or transport certain types of property/passengers.
• Some examples: endorsements to operate motorcycles, school buses, or combination vehicles with double/triple trailers.
• A restriction printed on the license limits a driver from operating certain vehicles or requires that they meet certain conditions when driving.
• Examples: needing corrective lenses, hearing aids, or hand controls.
• A designation informs of the person's health condition or Public Safety status.
• Example: "insulin dependent" in red print on a license for a person with diabetes.
• Designations were called informational alerts before 2017.
• Beginning in 2017, motorcycle endorsements are designated by an "A" or "O" in the endorsement field on the front of the card or "MTR" (motorcycle) "also/only".
• More information is available in the Driver and Vehicle Information Database (DAVID).
• The Florida sexual offender and predator system requires the designation to appear on the front of the license in the bottom right corner.
  • See "Sexual Predator" on the license for sexual predators
  • See "943.0435" for sexual offenders instead of the words "sexual predator".
• Lifetime designations (various symbols) appear on the back of the license under the headshot.
  • Symbols include: ear (hearing), D (developmental disability), anchor (boats), bass (freshwater), deer (hunting), marlin/swordfish (saltwater), guns/fishing rod (lifetime sportsman), insulin syringe (insulin dependent), heart (organ donor), and V (veteran).
• Two designations can appear on the bottom right of a license/card:
  • "D" for a person with a developmental disability.
  • "V" or "Veteran" for any honorably discharged U.S. military veteran.

Pre-2017 Endorsements, Restrictions, and Designations

• Before 2017, required endorsements and restrictions appeared on the front of a driver's license.
• Motorcycle-only: fully spelled out or new style is A or o MTR RC yl o
• A sexual predator alert is indicated by Florida Statute 775.083(5) in the right corner in black.

Classes of Driver's Licenses

• Beginning in 2017, the license class type is located at the top right of the license near the Department of Homeland Security Real ID-compliant gold star emblem.
• Real ID compliance means that Florida meets the federally established security standards for state-issued driver's licenses and ID cards.
• Licenses issued before the 2017 changes displayed the license class/type on the front and back.
• Class A: Required for drivers of trucks or truck combinations with a GVWR of 26,001 lbs or more, provided the towed vehicle is more than 10,000 lbs.
• Class B: Required for drivers of straight trucks (all axles attached to a single frame) with a GVWR of 26,001 lbs or more.
• Class C: Required for drivers of vehicles transporting placard-able amounts of hazardous material or for drivers of vehicles designed to transport more than 15 people.
• Class E: Required for drivers of any non-commercial vehicle of less than 26,001 lbs GVWR.
• Class E learner: Required for drivers with a learner's license and limited to driving motor vehicles weighing less than 8,000 pounds, accompanied by a person age 21+.
• Learners may initially drive only between 6:00 a.m. and 7:00 p.m.
• Three months after getting the license, can drive between 6:00 a.m. and 10:00 p.m.
• A driver with a learner's license may not operate a motorcycle without a motorcycle endorsement.

Commercial Driver's License Exceptions

• Six exceptions to the requirement to hold a commercial driver's license:
  • Drivers of authorized emergency vehicles (audible warning devices, red/blue lights) responding to emergencies.
  • Military personnel driving military vehicles.
  • Farmers transporting farm supplies or machinery, or transporting agricultural products within 150 miles of their farm.
  • Drivers of recreational vehicles used for recreational purposes.
  • Drivers who operate straight trucks (single units) that exclusively transport their own tangible personal property which is not for sale.
  • An employee of a publicly owned transit system who is limited to moving vehicles for maintenance or parking within the restricted access confines of a transit system's property.

Vehicle License Plates

• Florida DHSMV issues standard and specialized license plates.
• Some plates are limited to commercial/government vehicles, others are based on the owner's status, or must have specific prefixes/descriptions.

Vehicle Registration

• Any vehicle in Florida must have a valid registration to operate on Florida roads.
• Vehicles with out-of-state registrations must be registered within 10 days of the owner becoming employed, placing children in public school, or establishing residency.
• People who live in another state and commute to work in Florida are exempt from this registration requirement, but their license and tag registration must be current in their state of residency.
• Vehicles with expired registrations may not be operated legally in Florida.
• Registrations are renewed semiannually, annually, or biennially, and expire at midnight on the registered owner's birthday, except for vehicles over 5,000 lbs GVWR, which expire on December 31st.

Validation Decal and Registration Card

• A vehicle registration comes with a validation decal and registration card.
• The validation decal has its own identification number, displayed on the top right corner of the registered vehicle's license plate.
• The registration card contains data unique to the registered vehicle and its owner:
  • Expiration date.
  • Vehicle information (plate number, vehicle description, VIN).
  • Owner's name and address.

Proof of Insurance

• Every owner of a motor vehicle in Florida must register the vehicle and maintain property damage liability insurance.
• Failure to show valid and current proof of insurance (paper or electronic form) is a non-moving violation.
• The DHSMV may suspend a license or put a "C" tag order on a registration for an owner who does not maintain liability insurance.

Commonly Violated Statutes

• Failure to display registration (Florida Statute 320.0605).
• Operating a motor vehicle/mobile home with an expired registration.
• Unlawful use of a temporary tag.
• No driver's license.
• Driver's license not carried or exhibited on demand.
• Violation of restriction.
• Possession/display/permitting use of a suspended/revoked/canceled/disqualified driver's license.
• Operating vehicle while driver has a suspended/revoked/canceled/disqualified license.

Uniform Traffic Citation (UTC)

• The UTC is for traffic offenses described in chapters 316, 318, 320, and 322.
• The UTC is the only report needed for a traffic offense unless it is a crash, then a traffic crash report is also required.
• The UTC is used if the officer believes the violation was due to aggressive/careless driving or failure to stop at a traffic signal.
• Use the UTC for certain non-traffic felonies and misdemeanors that can result in suspension/revocation of a license.
• Must issue a citation to anyone accused of an offense requiring revocation of a license according to 316.650.

Electronic UTC

• Submitted electronically.
• May need to print a copy for the agency before submitting.
• Must give the driver a copy.

Paper UTC

• The agency assigns UTC books with a preprinted number.
• Responsible for accounting for every UTC in the book.
• If a UTC is lost/destroyed before giving it to the driver, document the circumstances in the UTC book.

Completing a Paper UTC

• There are three copies, with a divider separating each set.
• Write legibly.
• Form HSMV 75901 (kind of know the number a little bit)
• Three copies:
  • Part 1 (white): Complaint, retained by the court.
  • Part 2 (yellow): Driver's copy.
  • Part 3 (pink): Officer's copy.

Issuing the Warning Citation

• Explain to the driver their options for responding to the citation, as indicated on the back of the driver's yellow copy (Part 2).
• Options for moving violations: paying a civil penalty or requesting a hearing in traffic court.
• Options for non-moving violations: paying a civil penalty or choosing a hearing in traffic court.
• Criminal violations require a court appearance on a scheduled date.

Signing the UTC

• Most citations no longer require the driver's signature.
• If the driver has committed a violation that requires a hearing, they have to sign it, but explain the signature is not an admission of guilt.
• Serious violations include:
  • An infraction that causes death/serious bodily injury.
  • Violation of passing a school bus.
  • Any violation of dropping loads from vehicles.
  • Any violation of exceeding the speed limit by 30+ mph.
  • Driving with a suspended license.
  • Leaving the scene of an accident.
• If the violation is criminal and issuing an electronic citation, print a copy and instruct the driver to sign it.
• Refusal to accept/sign a UTC requiring a court appearance is a criminal violation that may result in an arrest.
• If they refuse to sign, place them under arrest and issue them another UTC for refusal to sign.

Parking Violations

• Examples: parking in a handicap space, blocking a fire lane, or blocking a sidewalk.
• If the agency uses a municipality/county parking citation to enforce Florida statutes on stopping/standing/parking, complete and attach the citation to the vehicle in violation.
• The Florida disabled permit will have the Florida driver's license/ID card number of the authorized user.
• Unlawfully using a disabled person's parking permit commits a criminal violation.

Abandoned, Disabled, or Unattended Vehicles

• An abandoned vehicle has no driver, the responsible person is unknown, legally parked or a potential crime scene, require investigation.
• When responding to an abandoned vehicle complaint, first identify Public Safety hazards (roadway obstructions, mobile meth lab.)
• A disabled vehicle is not drivable.
• An example: on the side of the roadway with a flat tire.
• An unattended vehicle is a vehicle that the driver has left and the engine is still running.
• An example: parked illegally while the driver makes a delivery.
• If a disabled vehicle and the owner/driver is present, they may request a specific tow company.

Search and Inventory of an Impounded Vehicle

• Vehicles involved in a crime: New York v. Belton - the vehicle search incident to arrest includes the entire passenger compartment and all containers located inside the vehicle, whether sealed or unsealed.
• Trunk of a sedan is not part of the passenger compartment, but the rear area of a van or SUV is included in the search area.
• Arizona v. Gant - officers may search the passenger department of a vehicle only when the arrestee is unsecured and the passenger department is within reaching distance of the arrestee or it is reasonable to believe the vehicle contains evidence of the crime for which the subject was arrested.
• If a vehicle is evidence and needs to be held under the control of the investigating agency, a receiver should transport the vehicle to a designated secure location and treat it as a crime scene until processed.
• Vehicles seized under the Florida Contraband Forfeiture Act will be inventoried and taken to a secured location.
• A vehicle search is conducted only when authorized under Florida statutes (probable cause or consent given).
• When searching a vehicle, use a logical search process.
• Impounding: the legal process of placing a vehicle in a lot/tow yard.
• Impounding is only when a vehicle is towed at the direction of law enforcement.
• When taking a vehicle inventory, document the vehicle's overall condition, mileage, available damage, and contents to protect from false claims of lost/stolen/damaged property.
• An inventory of a vehicle is an exception to the Fourth Amendment search warrant requirement.
• The the purpose is to document items in/on a vehicle, not to search for evidence of a crime.
• If observing contraband (controlled substances, weapons, burglary tools), seizure of the items falls under the plain view doctrine.
• Consult agency policies regarding documentation and recovery of evidence inside the vehicle.
• An inventory should not be used in place of a lawful search; however, evidence located can be used to further a criminal investigation.

Directing Traffic

• When approaching the scene, assess for scene safety (down power lines, hazardous materials, active threats).
• Determine the cause of any road obstruction (traffic crash, debris, disabled vehicles, down power lines, pedestrian traffic).
• Park the patrol vehicle in a safe location and activate emergency vehicle lights.
• Wear a reflective safety vest for visibility.
• May use whistles, flashlights, traffic control devices, directional wands, and gloves.
• Determine the best way to stand when directing traffic you need to see everything as much as you can.
• Give equal time to all sides.
• Signaling to stop traffic: point at the driver and make eye contact, raise one or both hands with palms toward the driver until they stop.
• To start and maintain traffic flow: point at the driver and make eye contact, rotate your hand with palm up bending at the elbow and bring it towards you.
• Direct turns only when they can be accomplished safely.
• Audible signals:
  • One long blast: Stop.
  • Two short blasts: Proceed.
  • Multiple short blasts: Gain the attention of drivers not responding to signals.

Unplanned Events

• Unexpected and unplanned circumstances require a plan to safely route pedestrians out of the area when setting up a plan make considerations for:
  • Traffic volume and speed.
  • Number of pedestrians.
  • Duration of congestion.
  • Nature of the event.
  • Efficient saus route
  • Geographical area.
• During an unplanned event, people may become emotional/panicked, so engage in empathetic listening and apply procedural justice; use command presence and clear instructions to maintain order.