Florida Traffic Law and Legal Terms PDF

10 Unit 1: Traffic Basics Lesson 1: Traffic Law and Legal Terms Lesson Goal At the end of this lesson, you will know basic traffic definitions and legal terms and be able to identify common traffic violations. The primary goal of traffic enforcement is to encour...

10 Unit 1: Traffic Basics Lesson 1: Traffic Law and Legal Terms Lesson Goal At the end of this lesson, you will know basic traffic definitions and legal terms and be able to identify common traffic violations. The primary goal of traffic enforcement is to encourage drivers to comply with all traffic laws and to drive safely. Traffic enforcement includes all aspects of law enforcement related to vehicles, roadways, and pe- destrians. This includes directing traffic, issuing citations, and handling unattended, abandoned, or disabled vehicles. This chapter will provide you with the necessary information about traffic laws and procedures and will lay the foundations for you to practice excellent traffic enforcement. Traffic Enforcement Traffic enforcement involves more than writing citations for speeding or equipment violations. It covers all aspects of law enforcement related to vehicles, roadways, and pedestrians, including traffic stops. Because driving is such a primary means of transportation, it constitutes a major aspect of public safety and serves as a key point of contact between law enforcement and the public. Traffic enforcement will likely make up a large portion of your interaction with the public. Through effective traffic enforcement and engagement with drivers, you can prevent or solve crimes and identify situations such as: car theft and carjacking people with outstanding warrants and escaped prisoners drivers with suspended licenses abused, kidnapped, and runaway children illegal weapons drug use or trafficking minors in possession of alcohol impaired drivers under the influence of alcohol or chemical or controlled substances Chapter 10 Traffic Incidents / 397  criminals fleeing crime scenes uninsured motorists human trafficking terrorist activity ; LE1011.1. List the benefits of traffic enforcement Traffic Legal Terms To enforce traffic laws, you need to know some legal terms as they are defined in the Florida Statutes. A driver is a person who is in physical control of a vehicle or is controlling or steering a vehicle in tow. A pedestrian is a person on foot on a road, berm, shoulder, or sidewalk. A vehicle is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon sta- tionary rails or tracks. Examples of vehicles that you can pull over are a bicycle, an electric scooter, or a riding lawn mower. A motor vehicle is: an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads, used to transport persons or property, and propelled by power other than muscular power a recreational vehicle designed as temporary living quarters for recreational, camping, or travel use, that is self-motorized or mounted on or pulled by another motor vehicle not a 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 allows the vehicle to move on the road without a person actively controlling or monitoring, such as a driverless, self-driving, or robotic car. A roadway (road) is a portion of highway used for vehicular travel that does not include the berm, shoulder, or sidewalk. A street or highway has several legal definitions: the entire width between the boundary lines of a public space for vehicular traffic the entire width between the boundary lines of privately owned space for vehicular traffic by the owner or those given permission by the owner; or any limited access road owned or controlled by a special district when a county or municipality exercises traffic control jurisdiction 398 / Florida Basic Recruit Training Program (LE): Volume 1  an area not open to public vehicular traffic, such as a runway, taxiway, ramp, clear zone, or park- ing lot within the boundaries of an airport owned by the state, county, municipality, or political subdivision a space used for vehicular traffic on a controlled access basis in a mobile home 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 to; however, the owners may have access to the light, air, or view over the property. Examples can include a road with signage prohibiting or limiting access for trucks, buses, or commercial vehicles. A private road or driveway is a privately owned space that owners and people who have permission from the owners use for vehicular traffic. A state road is a highway the Department of Transportation designates as a state-maintained road. Figure 10-1: Intersection An intersection has two legal definitions: the area within the connection of the lateral curbs or boundary lines of two or more roadways of two highways joined at approximately right angles or any other angle that may connect the two roads where a highway includes two roadways 30 feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway is a separate intersection Chapter 10 Traffic Incidents / 399 A crosswalk is an area of a road within an intersection, distinctly marked on the surface to indicate a pedes- trian crossing. The marks connect the lateral lines of the sidewalks on opposite sides of the highway from the curbs or, in the absence of curbs, from the edges of the road. A sidewalk is the area that pedestrians use between the curb, or lateral line, of a roadway and the adjacent property lines. A bicycle path is any road or path open to bicycle travel. An open space or a barrier separates a bicycle path from motorized vehicular traffic and is often located either within the highway right-of-way or within an independent right-of-way. Traffic Statutes Some traffic violations may result in criminal charges; others are civil infractions and non-criminal in na- ture, including moving and non-moving violations. Some infractions may require a mandatory court ap- pearance. Many of the civil traffic infractions in chapters 316, 320, and 322, F.S., are punishable by fines, court costs, driving school, or community service hours. A driver with a civil traffic infraction does not face incarceration; they have no right to a trial by jury or court-appointed lawyer. The driver may elect a hearing before a judge or hearing officer. Refer to chapter 318, F.S., for ways to deal with a traffic infraction, includ- ing appeals, fees, and limitations. Chapter 316 provides regulations regarding bicyclist and pedestrian activities you should watch for to maintain roadway safety. For example, bicyclists should use lights at night and pedestrians should cross a roadway at a marked crosswalk. ; LE1011.2. Describe common non-criminal and criminal traffic violations 400 / Florida Basic Recruit Training Program (LE): Volume 1  Unit 1: Traffic Basics 10 Lesson 2: The Florida Driver’s License, Registration, and Insurance Lesson Goal At the end of this lesson, you will know the different formats of driver and vehicle licensing, proof of insurance requirements, and common licensing violations in Florida. Think About This You stop a vehicle at 11 p.m. and the driver hands you their license and you see that the driver is 16. What do you do? The Florida Driver’s License The Florida driver’s license is issued to Florida residents who have passed the Department of Highway Safety and Motor Vehicles (DHSMV) tests, allowing them to legally drive in Florida. DHSMV is the agency re- sponsible for issuing driver’s licenses, motor vehicle titles, license plates, and vessel registrations. DHSMV also issues Florida identification cards. A Florida ID card is not a driver’s license but a form of identification. Because it resembles a driver’s license, be careful not to confuse it for one. 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. ; LE1012.1. Describe what a driver in Florida must do when you request their driver’s license If you stop a vehicle and the driver is unable to produce a valid driver’s license, request another form of photo or military ID, or conduct a database query. If the driver is licensed but does not have the license with them, determine whether to issue a citation for failure to carry and exhibit the license upon demand and collect a fingerprint where it is required on the citation. A person may not legally operate a motor vehicle if they do not have a valid driver’s license. Florida law does not allow anyone to drive with a suspended, revoked, canceled, or disqualified license. The charge for doing this is a moving violation if the driver doesn’t know their license is no longer valid. It is a misdemeanor if the driver knows that their license is suspended. It is a felony if a person habitually drives with a suspended license. A driver’s license also cannot be faded, altered, mutilated, or defaced. If you confiscate the driver’s license due to suspension, mutilation, revocation, or altered data, dispose of it according to your agency policies and procedures. Foreign visitors are not required to obtain an international driving permit. However, they must be in the country legally and carry a valid driver’s license from their country of origin while operating a motor vehicle. ; LE1012.2. Describe how to verify that a driver is licensed to operate a motor vehicle Chapter 10 Traffic Incidents / 401 License Format Florida has three types of driver’s license: commercial noncommercial learner’s The Florida driver’s license also has four classes: A, B, C, and E. The classes indicate what type of vehicle a driver can operate legally, and the gross vehicle weight rating (GVWR) of vehicle they are allowed to drive. Licenses issued to drivers 21 and older have a horizontal format. Licenses issued to drivers younger than 21 have a vertical format. The color header of a license identifies the license type and class. blue: commercial driver’s licenses (CDL)—Classes A, B, and C green: noncommercial driver’s license—Class E orange: learner’s license—Class E A DHSMV-issued identification card has a red header. There are also different formats of driver’s licenses that depend on the date the license was issued. You need to know the basic features of all formats, as you will encounter all in routine patrol and traffic enforcement. Florida’s driver’s licenses have several security features that can only be seen under a black light. Post-2017 Format The currently issued Florida driver’s license has three headshots on the front, one of which is transparent. It also has a light blue Florida seal. On the back is another headshot and an image of the state of Florida that rests 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 designations located above the smaller headshot. For the front of the learner’s license, a tactile feature appears on the bottom left side, with des- ignations 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 very different format. Card types and license classes are identified by the following color headers: yellow: Class E Learner’s License green: Class D and E Licenses blue: Commercial Driver License (CDL)—Classes A, B, and C 402 / Florida Basic Recruit Training Program (LE): Volume 1 An officer will need to closely inspect older formats to obtain required information, including the expiration date. Florida identification cards issued before 2017 have a pink/red header. ; LE1012.3. Describe the types, classes, and formats of valid Florida driver’s licenses Endorsements, Restrictions, and Designations An endorsement is a special authorization printed on a Florida driver’s license permitting a driver to op- erate certain types of vehicles or transport certain types of property or number of passengers. Some examples of endorsements include operation of motorcycles, school buses, or combination vehicles with double or triple trailers. A restriction, printed on a Florida driver’s license, may limit a driver from operating certain types of mo- tor vehicles or require that they meet certain conditions when driving any motor vehicle. For example, someone who needs corrective lenses may be restricted from driving without them. Other restrictions may require a person who is hard of hearing to wear hearing aids when driving or require a driver without full use of their legs to have hand controls for the brake and accelerator. A Florida driver’s license may also include designations, which inform you of a person’s health condition or public safety status. For example, a license for a person with diabetes may display “insulin dependent” in red print. Designations are called informational alerts before 2017. Endorsements, Restrictions, and Designations Beginning in 2017 Beginning in 2017, motorcycle-also and motorcycle-only endorsements are designated by an “A” or “O” in the endorsement field on the front of the card and by “A-MTRCL Also” or “O-MTRCL Only” on the back of the card. Motorcycle endorsements are not spelled out on the front of the license. More information is available in the Driver and Vehicle Information Database (DAVID) for drivers who are deaf or hard of hearing, so that officers have the ability to see this information while running the driver’s license. Chapter 6 discusses ways of interacting with people who are deaf or hard of hearing. The following designations are required by law for individuals registered in the Florida Sexual Offender and Predator System. These appear on the front of the license in the bottom right corner: sexual predators—sexual predator sexual offenders—s. 943.0435 F.S. Chapter 10 Traffic Incidents / 403 Lifetime designations appear on the back of the license under the headshot and are represented by the following symbols: Endorsement, Restriction, or Symbol Designation Deaf/Hard of Hearing Developmentally Disabled FWC Lifetime Boater FWC Lifetime Freshwater FWC Lifetime Hunting FWC Lifetime Saltwater FWC Lifetime Sportsman’s Insulin Dependent INSULIN DEP Organ Donor Veteran Two designations can appear on the bottom right of a Florida driver’s license or ID card: D—upon request by a person who has a developmental disability, or by the parent or guardian of a child or ward who has a developmental disability, DHSMV will issue a driver’s license or an identification card with a D. V—any honorably discharged U.S. military veteran may have a veteran designation placed on their driver’s license or ID card. Pre-2017 Endorsements, Restrictions, and Designations Before 2017, required endorsements and restrictions appear on the front of a driver’s license. Explanations of the endorsements and restrictions are on the back. For drivers authorized to operate a motorcycle, “Motorcycle Also” or “Motorcycle Only” appear on the front under the expiration date. 404 / Florida Basic Recruit Training Program (LE): Volume 1 A sexual predator alert is indicated as “s. 775.21 F.S.,” or a sexual offender alert as “s. 943.0435 F. S.,” in the right corner in black. ; LE1012.4. Describe the endorsements, restrictions, and designations of Florida driver’s licenses Classes of Florida Driver’s Licenses Beginning in 2017, the license class type is located at the top right of the license, either near or below 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 display the license class type on the front and back. CLASS A: required for drivers of trucks or truck combinations with a gross vehicle weight rating (GVWR) of 26,001 pounds or more, provided the towed vehicle is more than 10,000 pounds. CLASS B: required for drivers of straight trucks (all axles attached to a single frame) with a GVWR of 26,001 pounds or more. CLASS C: required for drivers of vehicles transporting placard-able amounts of hazardous materi- als, or for drivers of vehicles designed to transport more than 15 people (including the driver) with a GVWR of less than 26,001 pounds. You will learn more about hazardous materials and placards in Chapter 14. CLASS E: required for drivers of any noncommercial motor vehicle with a GVWR of less than 26,001 pounds. This includes passenger cars, 15-passenger (including the driver) vans, trucks or recreational vehicles, and two- or three-wheel motor vehicles 50 cc (cubic centimeters) or less, such as mopeds or small scooters. Farmers and drivers of authorized emergency vehicles are exempt from obtaining a commercial driver’s license, but they must obtain a Class E license. CLASS E Learner: required for drivers with a learner’s license and limited to driving motor ve- hicles weighing less than 8,000 pounds. In addition, the driver must be accompanied by a person 21 or older who holds a valid driver’s license and who occupies the closest seat to the right of the driver. The learner may initially drive only between the hours of 6 a.m. and 7 p.m. Three months after receiving the learner’s license, they may drive between the hours of 6 a.m. and 10 p.m. A driver with a learner’s license may not operate a motorcycle without a motorcycle endorsement. For more information on the Class E learner’s license, visit the DHSMV website. ; LE1012.5. Differentiate between the various classes of Florida driver’s licenses Chapter 10 Traffic Incidents / 405 There are six exemptions to the requirement to hold a commercial driver’s license. Commercial Driver License (CDL) Exemptions Drivers of authorized emergency vehicles that are equipped with extraordinary audible warning devices (lights and sirens) that display red or blue lights and are on call to respond to emergencies Military personnel driving military vehicles Farmers transporting farm supplies or farm machinery, or transporting agricultural products to or from the first place of storage or processing or directly to or from market, within 150 miles of their farm Drivers of recreational vehicles used for recreational purposes Drivers who operate straight trucks (single units) that are exclusively transporting 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 purposes exclusively within the restricted-access confines of a transit system’s property Vehicle License Plates Florida’s DHSMV issues standard and specialized license plates. While the majority of specialized plates are “vanity” plates displaying the owner’s nickname or commemorating a college, sports team, or cause, some have specific uses and restrictions. For example, some plates are limited to commercial or government vehicles. Others are based on the owner’s status, such as a state legislator. There are also specialized plates that must have additional prefix characters or descriptions not preprinted on the plate. Some examples include various Florida universities, breast cancer awareness, antique vehicle, and Purple Heart plates. ; LE1012.6. Describe the format and components of valid Florida vehicle license plates and vehicle registrations Figure 10-2: State of Florida license plate Vehicle Registration Any vehicle in the state of Florida must have a valid registration to operate on Florida roads. Vehicles with out-of-state registrations are required by law to be registered within 10 days of the owner either 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 licensure and tag requirement. However, their license and tag registration must be current in their state of residency. 406 / Florida Basic Recruit Training Program (LE): Volume 1 Vehicles with expired registrations may not be operated legally on the roadways of Florida. Registrations are renewed semiannually, annually, or biannually. Registrations expire at midnight on the registered own- er’s birthday, with the exception of vehicles weighing more than 5,000 pounds gross vehicle weight (GVW). Any vehicle over 5,000 pounds GVW expires on Dec. 31. Validation Decal and Registration Card A vehicle registration comes with a validation decal and registration card. The validation decal will have its own identification number, along with the month and year when the registration will expire. This will be displayed on the top right corner of the registered vehicle’s license plate. The registration card contains important data unique to the registered vehicle and its owner. Appearing on the card are the decal number with the expiration date, and important vehicle information such as the plate number, vehicle description, and vehicle identification number (VIN) with the owner’s name and address. Information from the license plate and vehicle registration must match. Figure 10-3: Registration card with validation decal Chapter 10 Traffic Incidents / 407 Proof of Insurance Every owner of a motor vehicle in the state of Florida must register the vehicle and must maintain prop- erty damage liability insurance. When a driver fails to show valid and current proof of insurance in paper or electronic form, it is a non-moving violation. If a driver presents you with an electronic form, only view the document and nothing else on the device. DHSMV may suspend a license or put a seize tag order on a registration for an owner who does not maintain liability insurance. The only way to verify the current validity of the insurance information is for the operator to provide a current hard copy or digital copy of their insurance card. ; LE1012.7. Describe how to verify a driver’s proof of insurance Common Driver and Vehicle Licensing Violations While on patrol, you will encounter several types of driver and vehicle licensing violations. The most com- mon violations will involve the improper or unlawful use of vehicle registrations or driver’s licenses. The table below lists examples of statutes commonly violated and the associated licensing violations. Examples of Statutes Commonly Violated Statute Description Violation s. 320.0605, F.S. Certificate of registration; possession Failure to display registration required s. 320.07, F.S. Expiration of registration Operating a motor vehicle/using a mobile home with an expired registration s. 320.131, F.S. Temporary tags Unlawful use of temporary tag s. 322.03, F.S. Drivers must be licensed; penalties No driver license s. 322.15, F.S. License to be carried and exhibited on Driver license not carried/exhibited on demand; fingerprint to be imprinted demand upon a citation s. 322.16, F.S. License restrictions Violation of restriction s. 322.32, F.S. Unlawful use of license Possession/display/permitting use of suspended/revoked/canceled/disqualified driver license s. 322.34, F.S. Driving while license suspended, Operating vehicle while driver license revoked, canceled, or disqualified suspended/revoked/canceled/disqualified ; LE1012.8. Describe common driver and vehicle licensing violations 408 / Florida Basic Recruit Training Program (LE): Volume 1 10 Unit 1: Traffic Basics Lesson 3: The Uniform Traffic Citation Lesson Goal At the end of this lesson, you will know when and how to issue an electronic or paper uniform traffic citation (UTC). The uniform traffic citation (UTC) is for traffic offenses described in chapters 316, 318, 320, and 322, F.S. The UTC form is the only report that you need to complete for a traffic offense, unless it is a crash scene; then a traffic crash report is also required. Traffic crash reports are discussed in Chapter 12, Traffic Crash Investigations. The UTC is used if the officer believes that the violation was due to the aggressive careless driving by the operator or for failure to stop at a traffic signal. Use the UTC for certain nontraffic felonies and misdemeanors that can result in suspension or revocation of the person’s driver’s license. You must issue a citation to anyone accused of any offense that requires revocation of a driver’s license, according to s. 316.650, F.S. Many agencies use the electronic version of this form; other agencies use the paper book format. Complete both forms the same way. Electronic UTC When you complete an electronic citation, electronically submit the citation to the clerk of the court’s of- fice. You may have to print a copy of the citation for your agency before electronically submitting it. Give the driver a copy of the UTC. The driver may request that you send them a copy of the UTC via email or they may request a printed copy. Follow your agency policies and procedures regarding electronic citations. ; LE1013.1. Describe how to issue an electronic uniform traffic citation (UTC) Paper UTC If using the paper format, your agency will assign UTC books with a preprinted number. It is your respon- sibility to account for each UTC in this book. If a UTC is lost or destroyed before you give it to the driver, document the circumstances of the loss or destruction in the UTC book. It is official misconduct to dispose of a UTC in a manner other than as required by s. 316.650, F.S. DHSMV tracks all UTC numbers to ensure integrity in issuing citations. Each law enforcement agency must keep records of and account for all cita- tions supplied to them. There is a receipt on the front of the UTC book that you must sign to acknowledge that you received the book. Your agency may have additional procedures for assigning citation books and may use these receipts to assist with internal control and record-keeping. Once you sign a receipt for a UTC book, inspect the book to make sure that the citations are in correct numeric sequence and that the book contains 25 three-part citations. Inspect the sequential numbers assigned to the book to make sure that the numbers on the book are the same as the numbers on the citations contained in the book and listed on your receipt. Chapter 10 Traffic Incidents / 409 DHSMV maintains an inventory of each UTC book distributed to a specific agency. Agencies cannot transfer UTC books to other agencies. If you leave employment with an agency, turn your UTC books over to your immediate supervisor. DHSMV periodically conducts audits of UTC books. ; LE1013.2. Describe your responsibility to account for assigned UTC books Completing a Paper UTC The instructions for completing the uniform traffic citation are in the Uniform Traffic Citations Manual available on the Florida Highway Safety and Motor Vehicle website. Review the description and procedures sections of the manual, and: 1. Make sure that the hard divider separates the set (three copies of the citation) from the other sets in the book. 2. Use a pen with a hard tip, such as a black ballpoint pen, when printing to make sure that the in- formation is legible on all three copies. 3. Clearly fill in each data field or “X” the appropriate box based on the requested information at the top of each category. 4. Complete all applicable sections and leave blank any that are not applicable. Sometimes DHSMV returns a UTC to the issuing agency for correction or clarification. Common errors include: illegible handwriting failure to list a statute and subsection number that correspond to the violation failure to either check or write in a violation incorrect entry of the driver’s date of birth ; LE1013.3. Describe how to issue a paper UTC Distributing a Paper UTC The paper UTC form HSMV 75901 contains three copies: Part One (white)—Complaint—Retained by Court This part serves as a sufficient complaint for both civil and criminal cases. Judges and clerks use the reverse side of Part One to document court actions. Submit a citation to the clerk of the court within five days after you issue the citation to a driver. Part Two (yellow)—Summons—Driver’s Copy The driver receives Part Two. The reverse side notifies people who are charged with traffic infractions that do not require a court appearance of their options when answering the offense charged. 410 / Florida Basic Recruit Training Program (LE): Volume 1  Part Three (pink)—Officer’s Copy Either you or your agency keeps Part Three to maintain accountability and a record of the court’s action. You may want to keep a copy for your field notes in case you have to testify in court. ; LE1013.4. Describe the three parts of a paper UTC Explaining and Issuing the Warning or Citation It is your responsibility to make sure that the driver understands the violation. It is important that you understand Florida traffic laws well enough to explain the offense to someone unfamiliar with them. State the specifics of the violation slowly and clearly, making sure that the driver understands the verbal warning, the written warning, or the citation. Point to the section on the citation where you checked the violation and wrote specific information about the incident. Explain to the driver their options for responding to the citation, as indicated in detail on the back of the driver’s (yellow) copy, Part Two. Options for moving violations may include paying a civil penalty or requesting a hearing in traf- fic court. Some moving violations require a court appearance, and others allow attendance and completion of a Driver Improvement Course, if eligible. Options for non-moving violations include paying a civil penalty or choosing a hearing in traffic court. Criminal violations require a court appearance on a scheduled date. If charged with operating a motor vehicle that is in an unsafe condition or is not properly equipped, a driver may choose to provide certified proof of correction of the condition or equipment problem. If charged with failure to display a valid driver’s license, registration, or proof of insurance, or with a vehicle safety violation, the driver may choose to enter a plea of nolo contendere (no contest). The driver must then provide proof of compliance to the clerk of court within 30 days and pay a fine and court costs if charged with any of the following: safety of vehicle: inspection (s. 316.610, F.S.) failure to display a valid driver license (s. 322.15, F.S.) failure to possess a valid registration (s. 320.0605, F.S.) failure to maintain proof of insurance (s. 316.646, F.S.) ; LE1013.5. Describe how to explain the traffic violation and the driver’s options for responding to a UTC Chapter 10 Traffic Incidents / 411 Signing the UTC Most citations no longer require the driver’s signature, but if the driver has committed a violation that re- quires a hearing, ask the driver to sign the UTC, and explain that signing is not an admission of guilt. These violations are serious in nature and include the following: any infraction that results in a crash that causes the death of another person (s. 316.027, F.S.) any violation that results in a crash that causes serious bodily injury of another person (s. 316.1933, F.S.) any violation of passing a school bus, on the side of the bus where children enter or exit, while the bus is displaying a stop signal (s. 316.172, F. S.) any violation of dropping loads from vehicles (s. 316.520, F.S.) any violation of exceeding the speed limit by 30 mph or more (s. 316.183, s. 316.187, or s. 316.189, F. S.) any violation of driving with a suspended license (s. 322.34, F.S.) any violation of leaving the scene of an accident (s. 316.061, F.S.) If the violation is criminal and you are issuing an electronic citation to the driver, print a copy and instruct the driver to sign it before submitting it to DHSMV. Add any relevant notes to the electronic ticket that can be referred to should the driver later contest the citation in court. When you issue the citation, certify by signature that you delivered the citation to the driver cited. The signature may be electronic, electronic facsimile, or written. Check the block that certifies that the driver received a copy of the violation. This certification is evidence that you served the driver with the citation. Refusal to accept and sign a UTC requiring a court appearance is a criminal violation under s. 318.14, F.S., that may result in arrest. If a driver refuses to sign the citation, use effective communication and de- escalation skills to gain compliance. Stress that signing the UTC is not an admission of guilt or a waiver of rights. Explain that refusal to accept and sign the citation might result in arrest. If the driver still refuses to sign, place them under arrest, and issue them another UTC for refusal to sign a citation. ; LE1013.6. Describe obtaining the driver’s signature on a UTC 412 / Florida Basic Recruit Training Program (LE): Volume 1 10 Unit 2: Resolving Traffic Incidents Lesson 1: Parking Violations Lesson Goal At the end of this lesson, you will know the different types of citations to use when enforcing parking violations. Think About This You find a vehicle parked in a disabled parking spot with nothing to designate that the driver has the proper paperwork to park there. However, as you are writing a ticket, the driver approaches you to tell you that they have a disability, they just forgot their placard. What do you do? While on patrol, you may be assigned to enforce various parking violations, such as parking illegally in a handicapped parking space, blocking a fire lane, or blocking a sidewalk. Enforce parking laws and ordinanc- es by issuing a UTC for a violation of the Florida Statutes, and a county or municipal citation for a violation of local ordinances. If your agency uses a municipal or county parking citation to enforce the Florida Statutes on stopping, standing, or parking, complete and attach the citation to the vehicle in violation. The statute also requires you to attach the citation in a safe, conspicuous place (usually under the windshield wiper). Anyone who parks in a designated disabled parking space must have the proper permit. A permit may be displayed by either a placard or on a specialty license plate. Drivers who do not have permits and park in a designated disabled person’s parking space commit a non-moving traffic violation. The Florida disabled permit will have the Florida driver’s license or ID card number of the authorized user. Anyone who unlawfully uses a disabled person’s parking permit commits a criminal violation. ; LE1021.1. Differentiate between a UTC, municipal parking citation, and county ordinance citation when enforcing motor vehicle parking laws Chapter 10 Traffic Incidents / 413  Unit 2: Resolving Traffic Incidents 10 Lesson 2: Abandoned, Disabled, or Unattended Vehicles Lesson Goal At the end of this lesson, you will know how to respond to an abandoned, disabled, or unattended vehicle. Abandoned Vehicles An abandoned vehicle has no driver, or the person responsible for the vehicle is unknown. These vehicles may be disabled, illegally parked, or a potential crime scene. Abandoned vehicles should be investigated to determine if a crime has occurred, such as a vehicle theft or burglary. Look for evidence of forced entry or of another crime. For example, a broken window may indicate a stolen vehicle. When responding to an abandoned vehicle complaint, your first concern is to identify public safety haz- ards, which may range from roadway obstruction to a mobile meth lab. Use caution when approaching an abandoned vehicle. Survey the scene for anything that may compromise officer safety or indicate a crime has occurred. Be aware of your surroundings, and approach from the rear. After it is safe to do so, you may need to have the vehicle moved due to dangerous conditions. ; LE1022.1. Describe how to safely approach an abandoned vehicle Once you resolve all perceived safety concerns, attempt to locate the owner. The most common sources of vehicle and owner information are the license plate number and the vehicle identification number (VIN). You may also obtain information about the vehicle or owner from the complainant, people in the area, or available computer databases. If you make contact with the owner, determine the status of the vehicle. Based on the information you receive, first secure the vehicle by making sure that it is locked. Next, you may have the owner remove the vehicle, arrange for it to be towed and impounded, or, if it is not a hazard, leave it in place. When the ve- hicle is in violation of a local or state law, issue a citation and take action according to your agency policies. ; LE1022.2. Describe sources of vehicle owner information Disabled and Unattended Vehicle Towing Procedures A disabled vehicle is not drivable. An example is a vehicle on the side of the highway with a flat tire. An un- attended vehicle is a vehicle that the driver has left, the engine is still running, the key is still in the ignition, and the brake is not set. An example of an unattended vehicle is a vehicle parked illegally and the driver of the vehicle has stepped away to make a delivery. 414 / Florida Basic Recruit Training Program (LE): Volume 1 If the vehicle is disabled and the owner or driver is present, they may request that a specific tow company respond. In this case, the owner or driver will make the removal arrangements. However, if the owner or driver is not present, use FCIC/NCIC to determine if the vehicle is reported as stolen. Conduct an inventory of the vehicle for towing purposes in accordance with your agency policy. ; LE1022.3. Describe how to respond to disabled or unattended vehicles Chapter 10 Traffic Incidents / 415  Unit 2: Resolving Traffic Incidents 10 Lesson 3: Search and Inventory of an Impounded Vehicle Lesson Goal At the end of this lesson, you will know how to search the exterior and interior of a vehicle, conduct an inventory, and process contraband found in an impounded vehicle. Think About This Officer Jones arrests a subject for a DUI and tows the vehicle. Three days later, the owner of the vehicle claims that a smartphone is missing from the car. Why is it so important to complete a thorough inventory of a vehicle? Vehicles Involved in a Crime In New York v. Belton, the scope of a vehicle search incident to an arrest includes the entire passenger compartment and all containers located inside the vehicle whether sealed or unsealed. The trunk of a se- dan is not considered part of the passenger compartment, but the rear area of a van or SUV is included in the search area. In Arizona v. Gant, the scope of the search incident to an arrest has been further defined. Officers may search the passenger compartment of a vehicle only when the arrestee is unsecured and the passenger compartment is within reaching distance of the arrestee or if 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 wrecker service should transport the vehicle to a designated secured location. Treat the vehicle as a crime scene until it is processed by the proper personnel. Follow your agency policies regarding securing vehicles as evidence. A secured storage facility will be used to maintain the chain of custody and to make sure that evidence is free from tampering. Vehicles that are seized under the Florida Contraband Forfeiture Act will be thoroughly inventoried and taken to a secured location. Exterior/Interior Vehicle Search A vehicle search is conducted only when authorized under the Florida Statutes, for example, when prob- able cause exists or consent is given. Use personal protective equipment, such as goggles and gloves, when necessary. When searching a vehicle, use a logical search process that allows you to be consistent and thorough. Make sure that all compartments are checked. Be aware of hidden compartments that can be used to conceal weapons and contraband. Suspicious buttons or switches may indicate hidden compartments. 416 / Florida Basic Recruit Training Program (LE): Volume 1 Avoid unnecessary damage to the vehicle. The authority to search a vehicle’s trunk is determined by the purpose of the search. Your agency policies and procedures determine how you conduct a search on a locked vehicle. ; LE1023.1. Describe how to search vehicle compartments and cargo areas Inventory Impounding is the legal process of placing a vehicle in a lot or tow yard. A vehicle is impounded when towed at the direction of law enforcement. Follow your agency policies to determine if a vehicle should be impounded. If a vehicle is to be impounded because it is disabled, abandoned, or unattended, or because it was involved in a traffic crash, the Florida Statutes require you to conduct an inventory of the vehicle and document all its contents. Failure to conduct the inventory constitutes a misdemeanor if the owner is not present. When taking a vehicle inventory, document the vehicle’s overall condition, mileage if available, damage, all contents, and equipment. An inventory is conducted to protect you and the agency from false claims of lost, stolen, or damaged property. An inventory of a vehicle is a recognized exception to the Fourth Amendment search warrant requirement. You do not need probable cause to inventory a vehicle, because the purpose of an inventory is to document items in or on a vehicle, not to search for evidence of a crime. Courts have upheld the legality of an inventory when the agency has an established written policy regard- ing inventories that the agency’s employees follow. ; LE1023.2. Describe how to conduct a motor vehicle inventory If you observe contraband, such as controlled substances, weapons, or burglary tools, seizure of the item falls under the “plain view doctrine.” If you seize contraband, consult your agency policies regarding the documentation and recovery of evidence inside the vehicle. ; LE1023.3. Describe how to process contraband found in an impounded vehicle After a decision is made to impound a vehicle, remove the vehicle from the scene. Agencies will provide inventory forms to document all items of value for reporting purposes. An inventory should not be used in place of a lawful search. However, evidence located during an inventory can be used to further a criminal investigation. When conducting an inventory or a search of a vehicle, complete the appropriate form and attach it to the related report. Chapter 10 Traffic Incidents / 417 10 Unit 2: Resolving Traffic Incidents Lesson 4: Directing Traffic Lesson Goal At the end of this lesson, you will know how to safely direct vehicle and pedestrian traffic. Think About This A storm takes down multiple tree limbs and power lines in your town. You are called to a section of road that has a downed power line, and a school nearby is about to let out for the day. What are your first priorities? What is your course of action? Directing Vehicle Traffic Scene Survey and Roadway Obstruction You may be called to direct traffic for many reasons, including road obstructions, traffic crashes, special events, utility repairs, or inoperable traffic signals. When approaching the scene, assess for scene safety, such as downed power lines, hazardous materials, and active threats. Determine the cause of any road obstruction, which may include a traffic crash, debris, disabled vehicles, downed power lines, and pedestrian traffic. Park the patrol vehicle in a safe location and according to agency policy. Activate the vehicle’s emergency lights to urge motorists to use caution and slow down. ; LE1024.1. Describe how to respond to the scene of an obstructed roadway Depending on the amount of traffic and traffic patterns, you may need to request additional help. If safe and possible, remove any obstruction. You may request assistance from bystanders while removing the obstruction. If any road damage is severe enough to pose a danger to vehicle traffic, direct traffic around the damage and request assistance from the appropriate department to respond and provide barricades or road signs. If the scene is a traffic crash or crime scene, follow the guidelines you will learn in Chapter 12, Traffic Crash Investigations. ; LE1024.2. Describe how to clear an obstructed roadway 418 / Florida Basic Recruit Training Program (LE): Volume 1 Traffic Safety Whether it is day or night, wear a reflective safety vest to be more visible to motorists. The type of safety hazard will help you decide on the appropriate safety and traffic warning equipment. Depending on the situation, you may use whistles, flashlights, traffic control devices, direction wands, reflective vests and gloves, and a traffic control box. ; LE1024.3. Identify appropriate safety and traffic warning equipment Directing Traffic Each situation and location presents challenges for directing vehicle traffic flow. Identify what options are available for rerouting traffic based on the specific situation, your knowledge of the area, and environmen- tal factors. Determine whether traffic can be safely routed through or around the immediate area. If the traffic must be routed away from the area, first identify alternate routes, such as alleyways, side streets, or parking lots. When choosing an alternate route, consider factors such as school zones, time of day, local business hours, and any community events. The selected route must also be able to sustain the level of traffic flow. ; LE1024.4. Describe how to determine alternative routes to redirect vehicle traffic When directing traffic, determine the best place to stand, as well as the appropriate equipment to use for motorists to see you. The center of an intersection provides the greatest visibility, but it may also be the most hazardous. If you are not at an intersection, find the safest possible location from which to direct traf- fic. Avoid standing between two vehicles or directly in front of or behind a vehicle. Always allow yourself a path of escape. If additional emergency vehicles are responding, stop traffic and create access for these emergency vehicles. If handling traffic flow from more than one direction, try to give equal time to each direction of traffic; however, heavier lanes of traffic should be allowed to flow for longer periods. If directing traffic in an inter- section, follow typical traffic signal patterns to reduce confusion and improve traffic flow. Get the drivers’ attention when directing traffic by being seen, heard, and making clear hand movements. At night or during bad weather, drivers may have difficulty seeing or hearing you. Use the orange flashlight cone to enhance signals given with a flashlight. Flashlight signals mirror those of hand signals. Signaling To stop traffic: Point at the driver being directed to stop and make eye contact. Raise one or both hands with your palm toward the driver until they stop. Use an audible signal to alert drivers. Chapter 10 Traffic Incidents / 419 To start and maintain traffic flow: Point at the driver being directed to start, and make eye contact. Rotate your hand with palm up, bending at the elbow, and bring it toward you. Coordinate traffic direction with other officers when applicable. To turn traffic flow: Direct turns only when they can be accomplished safely. Direct turns by pointing at the driver until eye contact is made, then point in the direction of the turn. Audible signals: Whistles can be used along with hand signals. One long blast signals motorists to stop. Two short blasts signal motorists to proceed. Multiple short blasts may be used to gain the attention of drivers not responding to your signals. Normal vehicle traffic patterns can resume once you confirm that the obstruction is removed or the road issue is resolved. Stop all lanes of traffic, remove and deactivate all traffic warning equipment, and signal drivers to continue normal traffic patterns. ; LE1024.5. Describe how to direct vehicle traffic Directing Pedestrian Traffic You may be called to direct pedestrian traffic for coordinated events or unplanned incidents, such as pa- rades, sporting events, festivals, natural disasters, critical incidents, or disabled traffic signals. Regardless of the nature of the event or incident, wear a reflective safety vest and carry appropriate equipment as required by your agency. This may include a whistle or wand. ; LE1024.6. Describe how to direct pedestrian traffic Planned Events Coordinated events are typically planned in advance with established pedestrian routes. You may attend a pre-event briefing to obtain your duty location, responsibilities, and assigned time. While directing pedestrian traffic from the duty location, maintain situational awareness to ensure the safety of all pedestrians and motorists. Some pedestrians may be guided by a service animal or white cane, indicating their partial or total blindness. Signals used to direct vehicle traffic can also be used to direct pedestrian traffic. When directing pedestrian traffic, make sure that all vehicle traffic has stopped before allowing pedestrian traffic to flow, that pedestrian walkways are not blocked, and that you are positioned between pedestrians and vehicles while remaining visible at all times. 420 / Florida Basic Recruit Training Program (LE): Volume 1 Unplanned Events Unexpected or unplanned circumstances can arise at any time and require a plan to safely reroute pedes- trians out of the area. Inform the event coordinator of any adjustments to the established pedestrian traffic route. When setting up the plan, consider the following: traffic volume and speed number of pedestrians present duration of the traffic congestion availability of any traffic control devices geographic area nature of the event most efficient and safest route staging of traffic control equipment need for more resources any environmental hazards During an unplanned event, people may become emotionally charged or panicked; therefore, engage in empathetic listening and apply procedural justice when interacting with the public. Be sure to use a com- mand presence and provide clear instructions to maintain and establish order at the scene. Chapter 10 Traffic Incidents / 421