Oviedo Police Department GO 5-2.0 Traffic Operations PDF

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 SUBJECT: Traffic Operations AMENDS: None I. II. III. IV. V. VI. VII. PURPOSE POLICY TRAFFIC ENFORCEMENT GUIDELINES UNIFORM TRAFFIC CITATIONS VEHICLE ESCORTS ASSISTANCE TO MOTORISTS TRAFFIC DIRECTION AND CONTROL I. PURPOSE APPROVAL: NU...

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 SUBJECT: Traffic Operations AMENDS: None I. II. III. IV. V. VI. VII. PURPOSE POLICY TRAFFIC ENFORCEMENT GUIDELINES UNIFORM TRAFFIC CITATIONS VEHICLE ESCORTS ASSISTANCE TO MOTORISTS TRAFFIC DIRECTION AND CONTROL I. PURPOSE APPROVAL: NUMBER: Dale Coleman Chief of Police GO 5-2.0 REFERENCE: CFA Chapter 18; FSS Chapters 316 and 322 RESCINDS: None The purpose of this order is to establish guidelines for the enforcement of traffic laws and issuance of Uniform Traffic Citations (UTCs) and to outline additional traffic operations provided by the Oviedo Police Department. II. POLICY It is the policy of the Oviedo Police Department to enforce the traffic laws in a uniform and consistent manner without regard to race, religion, sex, age, national or economic origin. It is also the policy of the Oviedo Police Department to conduct traffic operations provided by the department in a safe and uniform manner. Members are prohibited from using biased policing as outlined in General Order 55.0 Biased Policing. Oviedo Police Department GO 5-2.0 Traffic Operations III. Page 2 of 14 TRAFFIC ENFORCEMENT GUIDELINES Officers shall conduct themselves in a professional and courteous manner and will not intentionally humiliate, embarrass, or harass members of the public. When conducting traffic stops, officers shall: A. Present a professional image through proper dress and language; B. Greet the driver in a courteous manner and promptly explain the reason for the stop before requesting the driver’s license, registration, and proof of insurance; C. Observe the driver for signs of physical impairment or emotional distress; D. Follow traffic stop procedures as outlined in General Order 5-1 Traffic Stops; and E. Explain the citation (if one is issued) to the driver and their responsibilities and options and include information regarding any court appearances or fines. F. Multiple Violations: Officers shall exercise discretion when handling a driver with multiple violations. Consideration should be given to issuing citations that would combine charges encompassing multiple lesser violations. Officers shall use discretion when determining how many citations to issue. G. Driving Under the Influence of Alcohol/Drugs: Officers shall make proactive effort to detect and apprehend those persons suspected of driving under the influence. Officers shall refer to the guidelines and procedures outlined in General Order 5-4 Driving Under the Influence Investigations. H. Speed Violations: 1. The enforcement of speeding laws is intended to reduce the number and severity of crashes and to facilitate an orderly flow of traffic. Based upon the seriousness of the violation, an officer has discretion as to what action may best achieve future compliance with the law. 2. Radar/Laser: Officers not certified in radar/laser operation may support certified operators by issuing citations but shall not operate the device in an enforcement capacity. The officer who operated the unit must be listed as a witness. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations 3. 4. I. Page 3 of 14 Officers utilizing speedometers to establish probable cause to issue speeding citations shall: a. Pace the violator for an adequate distance to ensure an accurate reading prior to the stop; b. The vehicle the officer is utilizing to pace the violator must have had its speedometer calibrated prior to use as a pace vehicle; and Officers shall have the discretion to issue a citation to the violator. Driving While License is Suspended or Revoked: 1. When initial indications are that a license has been revoked or suspended, all reasonable efforts shall be made to confirm license status. 2. The officer may issue the violator a criminal citation for unlawful use of license, FSS 322.32, confiscate the license, and attach it to the affidavit. 3. The officer shall issue the violator a citation for driving while license is suspended, revoked, canceled, or disqualified, (FSS 322.34) when the violator does not have knowledge of the cancellation, suspension, or revocation. The license shall be confiscated and attached to the citation. The violator shall not be allowed to drive the vehicle. The officer shall make every attempt to assist the violator with arrangements for transportation and proper disposition of the vehicle (e.g. parked properly, towed, etc.). 4. The officer shall issue a criminal citation or make a physical arrest for driving while license is canceled, suspended, or revoked, when the violator has knowledge of the cancellation, suspension, or revocation. The license, if in the driver’s possession, shall be confiscated and attached to the affidavit. When no arrest is made, the violator shall not be allowed to drive the vehicle. If the vehicle is towed, the officer shall follow the procedures as outlined General Order 4-6 Vehicle Inventory, Towing, and Storage. The officer shall complete a sworn statement within Café under a TC number detailing the reason for the stop and attach it to the citation. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations J. Page 4 of 14 Other Moving Violations: Traffic enforcement efforts shall be targeted toward the goal of reducing traffic crashes through proactive enforcement of moving traffic violations. K. L. M. Public Carrier or Commercial Violations: 1. Public Carriers and commercial vehicles must comply with all applicable traffic laws, rules, and regulations. 2. Officers may summon assistance from the Florida Highway Patrol (FHP) for special equipment needs or enforcement support if necessary. Other Non-Moving Violations: 1. Traffic stops for other non-moving violations should be made to support and enhance the safety of the motoring public. 2. Stops and uniform traffic citations shall be based upon lawful authority and probable cause which satisfies the elements of the specific violation being alleged and/or charged. Newly Enacted Laws and/or Regulations: When appropriate, the benefit of the doubt should be extended to a driver in regard to the violation of any new law or regulation. Officers shall take the following into account: N. 1. The actual or potential danger to persons and property when the violation occurred; 2. The seriousness of the violation; and 3. The degree or excessiveness to which the driver violated the law. Non-Residents of the State of Florida: Since the adoption of national traffic codes, United States citizens who are not Florida residents are rarely confronted with unfamiliar traffic control devices or laws. Non-residents should not receive exceptional consideration unless the violation is unique to Florida. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations O. Page 5 of 14 Military Personnel: Officers who stop a member of the military for a traffic violation shall use the same discretion in handling the violator as they would any other member of the public. If a physical arrest is made, the arresting officer’s supervisor or designee shall notify the liaison officer of the nearest armed forces investigative headquarters division. This does not apply to the issuance of a uniform traffic citation. P. Foreign Diplomats and Consular Officials: Foreign diplomats and consular officials and certain representatives of the U.S. Government shall be accorded their respective privileges, rights, and immunities as directed by international law and federal statute. These officials shall be treated with the courtesy and respect that befit their positions. Q. 1. Officers shall refer to the U.S. Department of State Publication 10969, “Consular Notification and Access” for requirements if foreign diplomats or consular officials are detained longer than required for a routine traffic stop. 2. Officers shall refer to the U.S. Department of State Publication “Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities” for immunity guidelines. Juveniles: 1. Generally, juveniles who have committed a traffic infraction will not be taken into custody but may be issued a traffic citation and parents are to be notified. 2. In all cases where a juvenile is taken into custody, the officer is responsible for notifying the juvenile’s parents or legal guardian of the circumstances as soon as feasible. 3. Juveniles under arrest shall be transported to the Juvenile Assessment Center. The JAC shall then determine whether the juvenile is retained in custody or released to a parent or legal guardian. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations R. Page 6 of 14 Pedestrian and Bicycle Violations: Officers shall promote pedestrian and bicycle safety by making the public aware of when violations occur through the use of education or enforcement. S. Off-Road Vehicles: Anytime an off-road recreational vehicle is operated on a public roadway, sidewalk, or bike path, it is subject to all laws and local ordinances regarding traffic. Warnings and/or citations shall be issued to off-road operators who violate traffic laws. T. Seat Belt/Child Restraint Devices: 1. Officers shall proactively enforce laws regarding the use of seat belts and child restraint devices. 2. Pursuant to FSS 316.614, it is unlawful for any person to operate a motor vehicle unless: a. The driver is restrained by a safety belt; b. Each passenger under the age of eighteen (18) is restrained by a safety belt or child restraint device pursuant to 316.613; c. Each front seat passenger eighteen (18) years of age or older is restrained by a safety belt when the vehicle is in motion; and d. Pursuant to FSS 316.613, all passengers five (5) years of age or younger shall be transported using a crash-tested federally approved child restraint device. For children aged through three (3) years, restraint devices must be separate carriers or a vehicle manufacturer’s integrated child seat. For children aged four (4) through five (5) years, a separate carrier, an integrated child seat, or a seat belt may be used. Note: Exceptions to the above requirements are listed in FSS 316.614. 3. Officers transporting children in approved separate carriers (or integrated child seats) shall ensure the device is installed properly to the vehicle seat in compliance with the manufacturer’s recommendations. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations U. Page 7 of 14 Miscellaneous Violations: It is impossible to foresee every conceivable situation involving traffic violations. Officers shall decide what enforcement action is proper based on a combination of training, experience, and common sense. V. Enforcement Action Levels: Officers shall use sound judgement and discretion regarding the type of enforcement action to be taken for traffic violations. When deciding the level of enforcement action to take, the type and severity of the violation committed shall be considered. There are three (3) general levels of enforcement action available to officers: IV. 1. Warning – Warnings may be given for minor traffic infractions when the officer feels the warning is sufficient to correct the violation. 2. Uniform Traffic Citation (UTC) – UTCs may be issued for violations of Florida Statutes. 3. Physical Arrest – Physical arrests may be made for most misdemeanor and all felony criminal violations of traffic laws. UNIFORM TRAFFIC CITATIONS Uniform traffic citations shall be utilized and processed in accordance with the current version of the FLHSMV Uniform Traffic Citation Procedures Manual. A. Non-Criminal: Officers may issue UTCs for specific violations of Florida Statutes. B. Criminal: Criminal traffic violations must be evaluated with the utmost care, as officers in most cases, have the option to physically arrest the offender. C. If a physical arrest is not possible or is deemed inappropriate, the violator may be charged and released at the scene after being given appropriate mandatory court appearance dates and copies of the UTC. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations D. E. Page 8 of 14 Mandatory Issuance of a UTC: 1. Officers shall issue citations to drivers who are in actual physical control when specific criminal activity has been committed and when a motor vehicle was used in the process; These citations are used by FLHSMV when considering the revocation of a driver’s license. 2. A UTC shall be prepared when a driver commits any of the following offenses: a. Driving under the influence of alcohol or controlled substance; b. Any violation of the law regarding lewdness, assignation, and prostitution where such violation has been affected through the use of a motor vehicle; and/or c. Any commission of a felony in which a motor vehicle is used. Physical Arrest: 1. Physical arrests may be made for most misdemeanor and all felony criminal violations of the traffic laws. 2. Misdemeanor violations of traffic laws may be handled by: a. The issuance of a citation with a mandatory court appearance. b. Through a physical arrest followed by the issuance of a citation, completion of an arrest report, and booking into the correctional facility. c. If the driver has been identified but cannot be located, the officer may file a Capias Request through the SAO. A Capias Request shall be accompanied by a citation that has been completed with as much information as possible by the requesting officer. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations 3. F. Page 9 of 14 Felony violations of traffic laws shall be handled by either: a. A physical arrest of the driver followed by the issuance of a citation, completion of an arrest report, and booking into the correctional facility. b. If the driver has been identified but cannot be located, the officer may file a Capias Request through the SAO. A Capias Request shall be accompanied by a citation that has been completed with as much information as possible by the requesting officer. TraCS Florida: The department has implemented the TraCS system for electronic based citations. The procedures for the issuance of citations utilizing the TraCS system shall be as follows: 1. The officer must obtain a username and password for the system prior to utilizing the system. This information may be obtained from the Traffic Sergeant or designee. 2. Once configured in the system, the officer must log into the TraCS system. This may be accomplished on any department computer that has an icon for TraCS on the desktop. 3. Upon completion of the log-in process, the officer must choose the template for an electronic citation and complete all fields accordingly. 4. Prior to printing the citation for the violator, the officer shall complete the validation process to ensure that no errors are present. 5. a. Upon successful completion of the validation process, the ticket may be printed utilizing the in-car printer and a printed copy then provided to the violator. b. The officer shall also print the required court and department copies of the citation utilizing the printer at the department on 8x10 paper. The court and department copies of the citations are to be submitted prior to the end of the officer’s shift and in accordance with department written directives. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations V. Page 10 of 14 6. By the conclusion of the officer’s shift, the officer shall transmit any citations completed electronically to the TraCS server for processing. 7. If in the process of issuing the citation the officer needs to void the citation, the following procedures shall be followed: a. If the citation has not been transmitted electronically to the TraCS server, the officer shall either delete the information entered or write over the existing information. b. If the citation has been submitted to the TraCS server, the officer shall right mouse click on the citation and select VOID. c. After selecting VOID, the officer shall follow-up with an email to the TraCS Administrator explaining the reason for the void and include the citation number for reference purposes. VEHICLE ESCORTS A. B. Emergency Escorts: 1. Emergency escorts shall not be provided for emergency vehicles or for privately-owned vehicles. 2. Medical emergencies shall be handled by notifying Fire Department Rescue personnel through SCSO Communications and requesting their response. Non-Emergency Escorts include but are not limited to: Funeral Escorts; Escorts of Dignitaries/Public Officials; and Oversized Load or Hazardous or Unusual Cargo Escorts 1. Funeral Escorts: a. Civilian funeral escorts may be performed with the advance approval of the Community Patrol Deputy Chief or designee. b. All units involved in a funeral escort shall notify SCSO Communications prior to commencing the escort. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations c. 2. 3. VI. Page 11 of 14 The supervisor coordinating the escort is responsible for assessing the need for additional units, road conditions and routes, and for briefing all officers assigned to the escort. Escorts of Dignitaries/Public Officials: a. Escorts for visiting dignitaries or public officials shall be provided only with approval of the Community Patrol Deputy Chief or designee. b. Escorts for visiting dignitaries or public officials shall be organized, coordinated, and supervised by the Traffic Sergeant or designee in cooperation with the agency responsible for the personal protection of the principal being escorted. Oversized Load or Hazardous or Unusual Cargo Escorts: a. Escorts of oversized loads may be conducted with the approval of the Community Patrol Deputy Chief or designee. b. Escorts for hazardous or unusual cargo may be conducted with the approval of the Community Patrol Deputy Chief or designee. c. Officers becoming aware of an emergency situation involving hazardous material or unusual cargo in transit shall immediately notify the shift supervisor and SCSO Communications who may summon the Seminole County Special Hazards and Operations Team (SHOT) when necessary. Considerations concerning the escort of hazardous material/cargo to a safe area should include time of day, traffic conditions, heavily populated areas, the nature of the material/cargo, etc. ASSISTANCE TO MOTORISTS A. Sworn members shall assist, or summon the necessary assistance for, drivers appearing to be stranded or in need of aid. When assisting motorists, members shall: 1. Remain alert to the possibility that law enforcement activity may be required, such as unattended disabled vehicles creating hazardous conditions; 2. Respond to requests for information; GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations B. Page 12 of 14 3. Assist, as practical, in obtaining fuel or arranging for mechanical assistance; 4. NOT use department vehicles to push or pull any vehicle from the roadway, unless the department vehicle has been specifically equipped to perform this task; 5. Assist drivers in obtaining wrecker services, if requested. If they have no preference for any particular service, a rotation wrecker may be requested through SCSO Communications; 6. At the officer’s discretion, drivers may be transported to the nearest location where assistance may be obtained; 7. Take all reasonable precautions to ensure the safety of the occupants of disabled vehicles; and 8. NOT use department vehicles to provide battery assistance (jumps) to any private person’s vehicle. With the exception of an emergency situation, officers shall not attempt to gain entry to any vehicle where drivers have locked themselves out. Officers provide emergency assistance to motorists, which include: 1. 2. Vehicle fires: a. Officers shall immediately notify SCSO Communications of the location, vehicle description, the extent of involvement and request them to summon Fire Department personnel; b. Relinquish control of the situation when Fire Department personnel arrive on scene; and c. Assist with traffic control until the situation is resolved. Medical emergencies: a. Respond to roadside medical emergencies and notify SCSO Communications of the location, the type of medical emergency, the number of injured parties, and the apparent condition of any sick or injured persons and request the response of Fire Rescue personnel. b. Provide as much assistance as possible, based on individual training and experience until Fire Rescue personnel arrive on scene GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations 3. Page 13 of 14 Hazardous highway conditions: a. Roadway hazards are contributing factors in many traffic crashes. Hazards may include: (1) (2) (3) (4) (5) b. VII. Debris or defects in the roadway; Damaged and/or missing traffic signs, or inoperable traffic signals; Weather or smoke conditions; Lack of, or defective, roadway lighting; and Vehicles parked or abandoned on or near the roadway. When confronting hazardous roadway conditions, officers shall strive to protect the public from injury and property damage by: (1) Activating their vehicle’s emergency lighting equipment, including flares if necessary, to warn approaching drivers; (2) Requesting additional marked units to assist, if necessary; and (3) Request SCSO Communications to summon assistance from any appropriate agency depending on the circumstances, such as Seminole County Department of Traffic Engineering, Seminole County Special Hazards and Operations Team (SHOT), etc. TRAFFIC DIRECTION AND CONTROL A. Traffic direction may be performed only by sworn members and non-sworn volunteers that have received training in traffic direction and control. Traffic direction shall only be performed when in uniform and while wearing a reflective traffic vest. Exceptions to the uniform requirement may be made when on-scene personnel are members assigned to plain clothes duty, however the reflective traffic vest is mandatory. B. While conducting traffic direction and control, members shall be courteous and present themselves in a professional manner. GO 5-2.0 Traffic Operations Oviedo Police Department GO 5-2.0 Traffic Operations C. D. E. F. Page 14 of 14 Upon arrival at a traffic problem, personnel shall assess all circumstances to determine the severity of the situation. The primary goals of completing an initial assessment of the situation are to: 1. Provide for the safety of drivers and pedestrians; 2. Remove the obstruction from the roadway if possible; 3. Ensure the orderly movement of traffic; and 4. Prevent unnecessary traffic delays. Prior to implementing manual control of traffic, officers shall devise a plan to ensure for the safe routing of motorists and pedestrians and: 1. Determine if intervention is necessary; 2. Take into account safety considerations of department personnel and the public; 3. Utilize a stance that offers clear visibility to drivers and pedestrians; and 4. Determine if any additional units are necessary. Any members that conduct traffic direction and control shall take the following safety precautions: 1. Wear the reflective traffic vest at all times; 2. Remain alert and ready to move out of the path of a vehicle; and 3. Never turn his/her back to moving traffic Officers may, when appropriate, use the traffic control box at an intersection to control the traffic signal. Keys to unlock the traffic signal control boxes are available and may be signed out from KeyTrack with the assistance and approval of a shift supervisor. Officers may manually control the traffic signals when necessary: /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 04-01-2021 __________________ DATE GO 5-2.0 Traffic Operations