DM 04.04 - Police and City-Owned Vehicle Collisions.pdf

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 04.04 Title: POLICE AND CITY-OWNED VEHICLE COLLISIONS Approved By: Christopher Juul, Acting Chief of Police Effective: 09/01/1998 Revised: 04/25/2022 Associated Policy: DM 04.02, 04.03, 04.06, 05.01, 05.03, 05.04 References: Model Traffic Code Review: Traff...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL 04.04 Title: POLICE AND CITY-OWNED VEHICLE COLLISIONS Approved By: Christopher Juul, Acting Chief of Police Effective: 09/01/1998 Revised: 04/25/2022 Associated Policy: DM 04.02, 04.03, 04.06, 05.01, 05.03, 05.04 References: Model Traffic Code Review: Traffic Section Commander 4.4 Page 1 of 6 POLICE AND CITY-OWNED VEHICLE COLLISIONS For the purpose of this policy, a collision is defined as “the unintended damage to property or injury to any person as a result of a motor vehicle in motion.” When members of the Aurora Police Department become involved in any traffic collision in a city vehicle, regardless of injury or severity, the below-listed procedures will be followed. 4.4.1 Member Responsibility (if able) a. Check on Injuries Immediately b. Advise Aurora911 of the location and if rescue is needed. c. If the collision is outside of the city, ensure the appropriate jurisdiction is notified. d. Immediately notify a supervisor, ask for any available supervisor to respond. e. If needed, attend to injured persons before rescue arrives. f. If practical, do not move vehicles until a supervisor arrives. g. Assign a Traffic Officer to handle the collision. h. If needed, notify the Crime Scene Unit (CSI). i. Ensure the appropriate Command Officer is notified. 4.4.3 On-Scene Supervisor Responsibility a. Respond to the Collision Scene b. Conduct a preliminary investigation and make an informed decision as to causation factors in the collision and a determination regarding collision prevention (preventable or non-preventable). In preventable collisions, apply the specific Directive Manual (Revised: 04/25/2022) 04.04 POLICE AND CITY OWNED VEHICLE COLLISIONS Page 2 of 6 points assessable for that violation under the Model Traffic Code based upon the collision’s primary causation factor. Any charge from the Model Traffic Code may be applicable for private property collisions regarding the internal review (e.g., too fast for conditions regarding a traffic collision in an icy parking lot). c. Determine if the involved member(s) had properly utilized appropriate safety and emergency equipment (e.g., seatbelt, helmet, safety glasses, emergency equipment lights, siren, etc.). d. Determine the involved member’s physical activity at the time of the collision (e.g., operating MDC, radio, cellular phone, talking with a passenger, looking for a suspect, operating with vehicle blacked out, etc.). e. Initiate and complete a motor vehicle collision review in the appropriate electronic software program. Add any memorandums, photos, and/or reports to the review as an exhibit. Place all comments and recommendations into your tracking window. Once the on-scene supervisor has completed this report, forward the review through the member’s chain of command, one level at a time. Refer to section 4.4.7 of this directive for further instructions on the completion of this review process. 4.4.4 Unattended Police Vehicle Collision If a member finds his/her police unit has been involved in a collision while unattended, it will be handled according to the following: a. Advise Aurora911 of the location and ask for another unit to handle traffic collision; or b. Notify the appropriate jurisdiction to respond if the traffic collision did not occur within the City of Aurora. c. If appropriate, ask for a supervisor and CSI to respond. 4.4.5 Collisions During a Training Exercise Collisions involving minor property damage occurring during a structured driver’s training exercise, within an area designated as a driver training facility, and while following the prescribed course of training, will not normally be handled as a motor vehicle collision or assessed preventable points. However, any collision occurring during a prescribed training exercise that results in injury to any party, or severe property damage, will be handled as a motor vehicle collision. Directive Manual (Revised: 04/25/2022) 04.04 POLICE AND CITY OWNED VEHICLE COLLISIONS 4.4.6 Page 3 of 6 Intentional Vehicle Contacts This procedure applies to any subject that intentionally “contacts” or was contacted by any city vehicle or property; regardless if the initiating action was by the driver of the city vehicle or the subject vehicle. Intentional contact by a motor vehicle with any person or property is not a crash. A Traffic Officer (if available) will respond to the scene. Such intentional acts will be investigated and recorded in a General Offense Report (GO). The GO must clearly document the driver, registered owner, and insurance of any non-police vehicles. Injuries and property damage must also be documented. If a diagram is needed as part of the investigation the officer will complete the diagram and submit a copy to the Records Unit for it to be scanned and attached to the GO. If there is a fatality or serious bodily injury and a Traffic Officer is not available, the Duty Lieutenant will notify the On-Call Traffic Supervisor. Because an intentional vehicle collision by a member equates to a use of force and potentially involves a vehicle pursuit, refer to the following Aurora Police Department Directives as applicable: 4.4.7  DM 4.6.5 Use of Departmental Equipment  DM 05.01 Use of Deadly and Potentially Deadly Force  DM 05.03 Use of Physical Force, DM 05.04 Reporting the Use of Force (Use of Force Report Form completed)  DM 04.02 Emergency Response and Police Vehicle Pursuits Collision Review Process Whenever a member is involved in a traffic collision, the responding supervisor will initiate the appropriate electronic software program for the traffic collision review and submit it through the chain of command one level at a time. The collision review process will consist of a review by the member's chain of command. If any of the reviewing members have a concern about how the collision occurred, then the reviewing members will meet, and if appropriate, interview the member. The reviewing members will make a recommendation based on their findings. After review by the member’s Lieutenant or Commanding Officer, the review will be forwarded to the Traffic Section Commander for review and comments. Once completed, the Traffic Section Commander will forward the review to the member’s Commander. The report will be completed by each level in the chain of command as indicated until it reaches the Bureau/District Commanding Officer who will close the incident if no further action is necessary. Directive Manual (Revised: 04/25/2022) 04.04 POLICE AND CITY OWNED VEHICLE COLLISIONS Page 4 of 6 Any traffic collision reports for those members who do not report directly to a Bureau/District Commanding Officer will be forwarded through the Traffic Section Commanding Officer to the Professional Accountability Division Chief who will complete the review. After thoroughly reviewing the reports, the Bureau/District Commanding Officer will make a final determination on the following issues and assess points as indicated: 1. Non-Preventable: Unavoidable collision, collision not caused by member, proper defensive techniques were practiced.  Non-Preventable: 0 Points. If a collision has been found to be nonpreventable, the Bureau/District Commanding Officer will conclude the review at this point and will document the final disposition and close out the review. 2. Preventable: Collision was principally caused by driving actions in violation of traffic laws or violations of department policy and/or poor defensive driving practices.  Preventable: Points will be assessed according to the primary cause under the Model Traffic Code. 3. Primary Cause: Traffic violations will be assessed that number of points consistent with the definition and penalty point schedule in state statute and used by the Model Traffic Code to assess points against a driving record. EXAMPLE: Reckless Driving - 8 Points Right of Way - 3 Points Unsafe Backing - 2 Points 4. Command Officer Points: In addition to any points assessed by the primary cause of the collision, the Bureau/District Commanding Officer may assess or deduct up to 2 points (-2 to +2) when taking into consideration any mitigating and/or aggravating circumstances surrounding the collision to include violations of department policy and/or poor defensive driving practices. If the collision is found to be preventable, the Bureau/District Commanding Officer will take into consideration the severity of the collision (severity of injuries and damage) when assessing command officer points. A factor of mitigation in a collision could be the officer was driving in a reasonable and prudent manner, following departmental policy and utilizing proper defensive driving practices, while appropriately looking for a suspect and inadvertently causes minor damage to the car. Directive Manual (Revised: 04/25/2022) 04.04 POLICE AND CITY OWNED VEHICLE COLLISIONS Page 5 of 6 A factor of aggravation might be where the officer is driving too fast for conditions and is eating food, which drops in his/her lap, and while trying to retrieve the food strikes a post. The officer’s actions aggravate the collision. 5. Preventable Point Accumulation and Assessment: Preventable collisions will not be assessed less than 1 (one) point. If a collision has been determined to be preventable, the Bureau/District Commanding Officer will review the involved officer’s prior department driving record and add the points assigned in the current collision case to the total points accumulated by the officer over the previous twoyear period (24 months prior to the date of the collision). Actions taken by the Bureau/District Commanding Officer are based on the cumulative points including the most recently assessed Preventable Collision Points: 1 – 3 Points: 4 – 6 Points: 7 – 9 Points: 10 Plus Points: Performance Appraisal Entry Corrective Action Recommendation for Written Reprimand Request for Internal Affairs Investigation Flagrant violations, extreme damage, and/or injuries may result in more severe disciplinary recommendations. For any finding resulting in points that require a written reprimand, a draft will be completed, with appropriate wording, attached as a related incident (Written Reprimand Draft). This must be forwarded through the chain of command to the Chief of Police. If the Chief of Police approves the written reprimand, he/she will forward it to the appropriate command-level officer to issue it. Once issued, track the written reprimand to the "IAB Administrator" who will file copies as appropriate and close out the incident. Any points that require discipline above a written reprimand will be referred to the Internal Affairs Bureau (IAB). 4.4.8 Collisions involving City vehicles, within City limits Traffic Section personnel should investigate any collision involving city-owned vehicles regardless of whether the vehicle is assigned to the police department, fire department, street department, or any other city department. When Traffic Section personnel are not available, officers should conduct the initial investigation. If the driver of a privately-owned vehicle is involved in a collision with a city-owned vehicle and determined to be at fault, the investigating officer will file the appropriate charges at the time of the report. In cases where the driver of a city-owned vehicle is at fault, or fault is in question, the report will be marked incomplete and Directive Manual (Revised: 04/25/2022) 04.04 POLICE AND CITY OWNED VEHICLE COLLISIONS Page 6 of 6 forwarded to the Traffic Section for follow-up and determination of appropriate charges. The Traffic Section Commanding Officer will manage collisions involving city-owned vehicles resulting in serious injuries or death. Traffic collisions involving an on-duty law enforcement officer from another jurisdiction will be handled pursuant to Aurora Police Department Directive "DM 04.03 Traffic Enforcement, Direction, and Engineering Referrals," section 4.3.8. The Traffic Section Commanding Officer will forward a copy of all completed collision reports to Risk Management and file the reports as appropriate.