Boca Raton Police Services Department Traffic Administration PDF

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 61.100 TRAFFIC ADMINISTRATION Revised: January 27, 2014 I. PURPOSE: The purpose of this directive is to establish guidelines for the Boca Raton Police Services Department for the enforcement of traffic laws and the maintenance...

BOCA RATON POLICE SERVICES DEPARTMENT Departmental Standards Directive 61.100 TRAFFIC ADMINISTRATION Revised: January 27, 2014 I. PURPOSE: The purpose of this directive is to establish guidelines for the Boca Raton Police Services Department for the enforcement of traffic laws and the maintenance of traffic records. II. POLICY: The Department will promote traffic safety through education and enforcement. Employees are strictly prohibited from engaging in racial profiling, discriminatory practices, and biasbased profiling of individuals in its enforcement programs. The Department seeks to educate the public regarding regulations through programs aimed at exposing specific problems, by publishing traffic crash and injury statistics, and by giving notice and warning on changes in regulations prior to taking enforcement action. 18.02 It is the responsibility of the Department to provide total law enforcement services to the public, including the following: 18.02 • • • • Safety belt and child passenger safety restraint laws Speed enforcement 18.02 Impaired driving enforcement 18.02 Motorcycle safety enforcement 18.02 Part of this responsibility includes the maintenance of traffic records in accordance with the requirements of the law as well as to facilitate the needs of the public. Although it is the main function of the Special Operations Section (SOS), traffic law enforcement is the responsibility of all law enforcement officers (LEOs) and community service officers (CSOs). In addition to taking appropriate traffic enforcement action while on patrol, directed traffic enforcement assignments will be issued to LEOs not assigned to the Special Operations Section. III. DEFINITIONS: DUI: Driving Under the Influence of alcoholic beverages, drugs or controlled substances. Hazardous Violations: Violations that expose a person or property to risk, loss or damage, e.g., running a red light/stop sign, careless driving, reckless driving, DUI, and speeding. 18.02 Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 1 of 13 Juvenile/Youth/Child: Any unmarried person under the age of eighteen alleged to be dependent, in need of services, or from a family in need of services, or any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of eighteen years. 16.01 Non-Hazardous Violations: Violations not likely to involve or expose persons or property to risk, loss or damage, e.g., tag violations, brake lights, headlights. Probable Cause: More than mere suspicion but less than that evidence needed for a conviction and exist where the facts and circumstances within the officer's knowledge, of which he or she had reasonably trustworthy information, are sufficient to warrant a person of reasonable caution and belief that an offense has been or is being committed. Traffic Engineering Division: A function within the Municipal Services Department responsible for planning, installing and maintaining traffic patterns and controls. .02 Law: FSS 322.2616 states that it is unlawful for a person under the age of 21 who has a breath-alcohol level of 0.02 percent or higher to drive or be in actual physical control of a motor vehicle. IV. PROCEDURE: A. SPECIAL OPERATIONS SECTION: 1. The Special Operations Section (SOS) is an organized traffic component within the Special Services Bureau. a. Specialized functions related to traffic include: i. Traffic law enforcement ii. Traffic crash investigations iii. Traffic homicide investigations iv. Radar/Laser/Intoxilyzer operation and maintenance v. Supervision of school crossing guards vi. Non-metered parking enforcement and traffic direction vii. Serving as a liaison with the Palm Beach County Traffic Safety Committee b. Law Enforcement Officers (LEOs) shall be selected for assignment as traffic enforcement LEOs using the Transfer Selection Board process for specialized positions, as outlined in the Agreement between the City of Boca Raton and the FOP. Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 2 of 13 c. Objectives for the SOS shall be quantifiable, attainable, and based on current traffic information and citizens’ concerns. i. The SOS’s objectives shall be reviewed annually, and an evaluation of progress toward the objectives prepared by the bureau commander or his/her designee. ii. The objectives shall be sufficiently flexible to permit change where needed. iii. During annual review, the objectives may be modified to address current traffic issues. d. Traffic Analysis and Deployment: i. SOS supervisors shall be responsible for the basic analysis of traffic crash/enforcement data. The city’s Traffic Engineering Department shall be responsible for the detailed analysis of traffic crash data, including geographic and causative factors and countermeasure suggestions. ii. Analyses and citizen complaints shall be used in preparing normal patrol and special enforcement strategies and deployments to areas having the greatest concentration of crashes and traffic complaints. Strategies and deployments shall use techniques and equipment including, but not limited to directed patrols, unmarked patrols, radar, laser, and motorcycles. iii. When selective deployment and traffic enforcement efforts are established on a continuing basis, those efforts shall be monitored and reviewed not less than annually by SOS supervisors. iv. Crash experience and calls for service along with the City’s Annual Traffic Safety Report shall be examined to provide data and profiles on all variations in traffic related incidents. B. TRAFFIC ENFORCEMENT ACTION: 1. GENERAL: a. LEOs and CSOs may take enforcement action that consists of a warning, citation, or arrest, on detection of an illegal and potentially hazardous act, without regard for factors such as attitude, intent, or excuse. LEOs and CSOs shall issue traffic citations based on probable cause, which satisfies the elements of the specific violation being charged. 2.02, 16.01, 18.02 b. Any LEO whose enforcement stops are based solely on bias-based profiling is engaged in a practice that undermines legitimate law enforcement and Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 3 of 13 he/she will be subject to discipline and may face claims in federal courts of civil rights violations. c. LEOs may use their discretion when enforcing hazardous and nonhazardous violations when appropriate. Serious criminal traffic misdemeanors and traffic felonies may require physical arrest and booking. 2.02, 18.02 2. MISDEMEANOR: a. When a LEO has probable cause to believe that an individual has committed a misdemeanor traffic offense, the LEO shall physically arrest and book that individual if any of the following occur: i. The accused fails or refuses to sufficiently identify himself/herself or supply the required information for completion of the traffic citation ii. The accused refuses to sign the traffic citation that has a mandatory court appearance iii. The LEO has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to the accused or others, such as DUI violations, fleeing/attempting to elude, and reckless driving iv. The LEO has reason to believe that the accused may be a fugitive from any jurisdiction b. LEOs may release all other subjects arrested for a misdemeanor traffic offense or .02 administrative violations at the scene of the arrest after the subjects sign the promise to appear in court. 16.01 i. The LEO will write the date of the required appearance on the citation. ii. If the subjects are juveniles, officers must follow Departmental Standards Directive 44.100 Juvenile Delinquency Prevention, Control, and Commitment. 16.01 3. FELONY VIOLATIONS: a. When a LEO has probable cause to believe that an individual has committed a felony traffic offense, the LEO shall physically arrest and book that individual. b. When arresting juveniles for committing criminal traffic offenses, LEOs shall refer the juveniles to the Juvenile Court in accordance with standard operating procedures. 16.01 Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 4 of 13 c. When a LEO arrests an adult for a felony traffic offense, the LEO shall complete a probable cause affidavit in addition to the Uniform Traffic Citation. d. When a LEO arrests a juvenile for a felony traffic offense, the officer shall complete a juvenile referral in addition to the Uniform Traffic Citation. 16.01 e. The LEO shall attach a copy of the traffic citation to the probable cause affidavit or juvenile referral. 16.01 4. EQUIPMENT VIOLATIONS: 18.02 a. LEOs are encouraged to stop and inspect any vehicle being operated on the roads of this City that appear to be an unsafe condition pursuant to FSS 316.610. b. LEOs are encouraged to use FSS 316.610 when citing the operators of unsafe vehicles when the LEO thinks that a verbal warning will not be sufficient to deter the citizen from continuing to drive the vehicle in an unsafe manner. 2.02 5. PUBLIC CARRIERS/COMMERCIAL VEHICLES: 18.02 a. laws. Public carriers and commercial vehicles must comply with all applicable b. LEOs shall make every effort to minimize the amount of time that they detain a commercial carrier while taking enforcement action. 6. MULTIPLE VIOLATIONS: a. LEOs shall exercise discretion when dealing with multiple traffic violations. LEOs shall consider issuing citations that combine lesser violations into one charge; e.g., combining running a stop sign and failing to signal into careless driving. C. SPEED ENFORCEMENT: 1. Only those LEOs holding a State of Florida Radar Operator’s certificate may issue or authorize the issuance of citations based on radar. Laser operators must also have a State of Florida Laser Certificate. 2. All radar and laser speed measuring equipment used by the Department will conform to and be used in accordance with current FSS 316.1906 and Rule 15B-2 Speed Measuring Devices of the Department of Highway Safety and Motor Vehicles Division of Florida Highway Patrol. 3. All radar/laser units are delicate instruments and LEOs shall handle them accordingly. The following procedures shall be followed regarding care and upkeep: Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 5 of 13 a. Before and after using the radar/laser unit, the operator will inspect the unit to ensure that there is no damage and it is functioning properly. b. If radar is used, the operator will ensure that the required tuning forks are present. c. LEOs shall inform a supervisor about any damage or missing parts to a radar/laser unit immediately. Either the LEO or his/her supervisor shall complete a memorandum to the SOS commander specifying the damage and causes. d. The SOS commander or his/her designee will appoint a LEO to oversee the programmed maintenance. e. All radar/laser units will be calibrated semi-annually in accordance with current FSS 316.1906 and Rule 15B-2. 4. Maintenance and calibration records shall be maintained for all radar/laser speed measuring devices: a. Each radar/laser unit’s records will be maintained in a separate binder and stored within the SOS area. b. The binder shall include documentation of all repair service and calibration certificates referring to that specific radar/laser unit. c. A designated LEO will make the binders available for court presentation from the SOS. d. All speed measuring devices and their usage must comply with Chapter 15B-2 of the State of Florida Administrative Code. D. SPECIAL CIRCUMSTANCES AND CONSIDERATIONS: 1. TRAFFIC OFFENSES BY NON-RESIDENTS: 18.01 a. Most states have adopted uniform standards as suggested by the Department of Transportation in their Manual on Uniform Traffic Control Devices. Since non-resident drivers are rarely confronted with unfamiliar traffic signs or inconsistent regulations, residency shall not be an enforcement consideration. 2. MISDEMEANOR TRAFFIC VIOLATIONS: 18.01 a. Non-residents of Palm Beach County who are charged with traffic misdemeanors other than DUI can usually be released after signing the traffic ticket, except in the circumstances listed in Suspended or Revoked Driver’s License section of this directive. Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 6 of 13 3. TRAFFIC OFFENSES BY JUVENILES: 16.01, 18.01 a. The County Court handles all traffic infractions and misdemeanor traffic violations exclusively. The only traffic cases handled by the Juvenile Division of the Circuit Court are felony traffic violations. b. All non-criminal traffic infractions committed by juveniles will be processed in the same manner as adults. c. All violations of the .02 law shall be handled following Departmental Standards Directive 44.100 Juvenile Delinquency Prevention, Control, and Commitment. d. For felonies, the LEO shall issue the Uniform Traffic Citation(s), and/or complete the Juvenile Referral Form, whichever is more appropriate, and release the juvenile to a parent, guardian, responsible adult relative, or other responsible adult. The LEO will prepare a felony-filing packet and forward it to the Department’s youth crimes specialist. 4. TRAFFIC OFFENSES BY ELECTED OFFICIALS: a. Members of the legislature and elected members of other government bodies will not be given special consideration by LEOs of the Department and shall be warned, cited, or arrested as appropriate when there is probable cause to believe that the member has committed a traffic offense. As with all motorists, LEOs shall treat elected officials with respect and courtesy and shall carry out all traffic enforcement activity with a minimum of delay and inconvenience. 5. FOREIGN DIPLOMATS, FOREIGN NATIONALS, AND CONSULAR OFFICIALS: 18.01 a. Diplomatic and consular officers and foreign nationals shall be accorded their respective rights and privileges as required by international law and federal statutes. b. For more information regarding the issuance of traffic citations of diplomatic personnel, refer to Standard Operating Procedure 41.03 Diplomatic Immunity, Foreign Nationals, and U-Visas. 6. TRAFFIC OFFENSES BY MILITARY PERSONNEL: a. Military personnel are required to obey all state and local laws pertaining to traffic enforcement. b. Military personnel committing non-criminal traffic infractions will be processed in the same manner as any other citizen. c. Military personnel arrested for a criminal traffic violation will be processed in the same manner as non-resident traffic misdemeanants. Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 7 of 13 d. Military personnel arrested for a traffic offense that constitutes a felony shall be booked and processed in the same manner as any other felon. The arresting LEO shall make a reasonable effort to contact the arrestee's superior officer and advise the officer of the nature of the charge and the location of the arrestee. 7. SUSPENDED OR REVOKED DRIVER'S LICENSES: a. When a LEO, during the course of his/her duties, encounters the driver of a motor vehicle whose driving privileges have been suspended, revoked, or canceled, the LEO shall confirm the status of the driver's license through the Communications teletype operator. b. If the motorist's driver's license is confirmed by the teletype operator as suspended, revoked or canceled, the LEO shall issue the appropriate Uniform Traffic Citation according to Florida State Statute. 18.02 i. If the suspended license is a misdemeanor violation, the LEO can release the driver at the scene, but shall not allow the driver to drive the vehicle. ii. If the suspended license is a felony violation (habitual traffic offender), the LEO shall physically arrest and transport the driver to the station for processing according to current felony arrest guidelines. c. In cases when the motorist displays a driver’s license to the LEO and Teletype information of the validity of the motorist's license is unavailable to the LEO, no enforcement action shall be taken regarding the motorist's driver's license. d. When the motorist does not show a driver's license to the LEO and Teletype confirmation of the validity of the motorist’s license is unavailable to the LEO, the LEO can issue a uniform traffic citation for failure to carry and display a driver’s license. e. The LEO must take the driver’s thumbprint on each citation issued in the box provided on the back of the first white copy or the Records copy of the electronic ticket. 8. OFF-ROAD VEHICLES: a. LEOs shall enforce City ordinances relating to the use of off-road vehicles on public property other than roadways. LEOs shall also enforce City ordinances regulating noise emitted from off-road vehicles. 9. PARKING ENFORCEMENT: 2.02, 18.02 a. All LEOs, community service officers, and volunteer parking enforcement officers are responsible for non-metered parking enforcement. The purpose of Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 8 of 13 this enforcement is to stop violations; a warning, ticket, and/or towing as applicable may accomplish this goal. 10. BICYCLE AND PEDESTRIAN TRAFFIC ENFORCEMENT: a. After reviewing and analyzing traffic crash and citation data, the SOS supervisor may assign selective enforcement projects to target bicycle and pedestrian violations. 11. USE OF SEAT BELTS BY CITIZENS: a. LEOs and CSOs of the Department shall fully enforce FSS 316.613 Child Restraints and FSS 316.614 Seat Belt Usage. b. Pursuant to FSS 316.614(4)(a), it is unlawful to operate a motor vehicle unless a safety belt or child restraint device pursuant to FSS 316.613 properly restrains each passenger under the age of sixteen. c. There is no statutory exception for law enforcement officers transporting juvenile offenders. i. All passengers five years of age or younger shall be transported in a crash tested federally approved child restraint device. The restraint device must be a separate carrier or a vehicle manufacturers’ integrated child seat for children age three years or younger in accordance with FSS 316.613(1)(a). ii. Any employee who transports a child in an approved separate carrier or an integrated child seat shall insure that the device is properly installed or attached to the vehicle seat in compliance with manufacturer’s recommendations. E. DRIVER RE-EXAMINATION REQUESTS: 1. Department personnel who encounter a motorist whose driving ability is questionable due to a mental or physical condition shall request that the motorist’s driving ability be re-examined. 2. A person’s age or incomplete knowledge of traffic laws alone is insufficient grounds to justify involuntary driver's license re-examination. 3. Driver re-examination requests are submitted in two ways as follows: a. If the motorist in question was the driver in a crash, the LEO or CSO can make the appropriate entry on the crash report and enter an explanation of the request in the narrative. b. If not a crash case, the LEO or CSO shall complete the re-examination investigation form and mail it to the address printed on the form. Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 9 of 13 F. TRAFFIC ENFORCEMENT PATROL: 1. Open and visible patrol deters traffic law violations. 2. When there is an unusual or continuing enforcement problem at a particular location, LEOs should park in a conspicuous location and observe traffic. 3. Unmarked and unconventional vehicles may be used in traffic law enforcement activities if they are equipped with emergency lights and a siren. G. TRAFFIC RECORDS: 1. DEPARTMENT TRAFFIC DATA: a. The Department's records management system captures traffic data from reports including the locations of crashes, citation and arrest information/locations, and reports of traffic hazards. b. Traffic enforcement activity reports are in the form of citation analysis compilations that are calculated on a monthly basis. c. The citation analysis includes citation monthly total comparisons, percentages of increase/decrease, and citation totals. d. All current crash and citation records are stored in the Department’s Records Management System in accordance with Florida State law e. Older documents are microfilmed and retained in accordance with statutory requirements. 2. OTHER AGENCY TRAFFIC DATA: a. Citywide geographic, temporal, and causative analyses of traffic crashes are provided by the Boca Raton Traffic Engineering Division. b. The Florida Department of Highway Safety and Motor Vehicles provides similar crash facts and analyses on a statewide basis. c. Traffic volume/distribution and speed reports may be obtained from the Palm Beach County Road Department/Engineering Unit and the City of Boca Raton's Municipal Services Department. d. All traffic crash summaries and traffic information related documents will be directed to the SOS commander for distribution to his/her sergeants. e. Effective: March 1, 1993 Revised: January 27, 2014 SOS personnel are involved in traffic safety education. Traffic Administration Directive No. 61.100 Page 10 of 13 3. PROCESSING, MAINTENANCE AND DISTRIBUTION OF TRAFFIC RECORDS: a. Processing, maintenance, and distribution of traffic records take place in the Records Section of the Department. 4. TRAFFIC CRASH REPORTS: a. After supervisory approval, crash reports are entered into the in-house computer. b. Three copies of the report are made and distributed pursuant to Chapter 316.066, FSS and as follows: i. The original report is filed electronically in the Department’s records management system ii. One copy mailed to: Palm Beach County Traffic Records Section 160 Australian Avenue West Palm Beach, FL 33406 iii. One copy is mailed to the: Department of Highway Safety & Motor Vehicles Driver License Bureau Neil Kirkman Building Tallahassee, FL 32302 iv. One copy is sent to Municipal Services, Traffic Division. v. If a City vehicle is involved, two additional copies are made and sent to Risk Management and the City Garage foreman. c. Non-crash and other traffic related reports are entered into the in-house computer and filed numerically in central records. d. Traffic and parking citations are entered into the in-house computer. Copies are distributed following FSS 316.650. Copies retained in the Department are stored numerically in Records. Original crash and non-crash traffic reports are maintained in Records for one to two years after which the documents are placed on optical storage or in the computer records system. e. The Department of State, Division of Archives and Records Management, Schedule BC-2, governs retention of all records. Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 11 of 13 f. Traffic records, which are not exempted from public inspection as listed in FSS 119, are available to any person at the cost prescribed by FSS Section 119.07. g. Any traffic record may be released to criminal justice agencies for criminal justice purposes at no cost. H. TRAFFIC ENGINEERING: 1. Traffic Engineering falls under the purview of the Traffic Division of the Municipal Services Department. 2. The Department maintains a liaison and shares data with Traffic Engineering by the following means: a. Employees are expected to aid Traffic Engineering by forwarding complaints, suggestions, or problems that relate to traffic and engineering to them. b. The SOS supervisor is responsible for providing Traffic Engineering with enforcement data which is either requested or which appears pertinent to the traffic engineering function. c. The Records Section is responsible for providing copies of all requested crash reports to Traffic Engineering in a timely manner. d. The Department, through Traffic Engineering, participates in the Planning Advisory Committee with Traffic Engineering by providing input and suggestions regarding plans that consist of traffic-ways or which may affect traffic-ways in the City. e. The Department will coordinate with Traffic Engineering to ensure that special events permits that involve traffic direction and control and road closures are in compliance with FDOT standards. f. An informal meeting will occur during August to discuss school crossing locations, the need to refurbish any sites or revise any school zone times. 3. The Division also maintains close liaison and working relationships with the Department of Transportation and County Traffic Engineering. 4. The Department and the Municipal Services Department Traffic Division realize that close coordination and cooperation between these agencies is essential to the maintenance of a safe and efficient roadway system. V. REFERENCES: A. Insurance Reform Act of 1988 Effective: March 1, 1993 Revised: January 27, 2014 Traffic Administration Directive No. 61.100 Page 12 of 13 B. FSS 119.07 C. FSS 316.066 Distribution of Crash Reports D. FSS 316.072(5) Emergency Vehicle Operation E. FSS 318.14 Refusal to Sign Citation F. FSS Chapters 324.201 and 627.733 G. FSS 901.29 Juveniles H. Departmental Standards Directive 44.100 Juvenile Delinquency Prevention, Control and Commitment I. Departmental Standards Directive 61.200 Traffic Direction, Control, Crash Investigation and Ancillary Services J. Departmental Standards Directive 82.200 Records Section Operations K. Vehicles approved radar list L. Crash Location by Reporting Area Printout M. Traffic Crash Report Listing, Palm Beach County Traffic Records Section N. Speed Survey Report O. Traffic Volume Report P. Schedule BC-2, Division of Archives, Dept. of State Approved: Daniel C. Alexander Chief of Police Effective: March 1, 1993 Revised: January 27, 2014 Date: Traffic Administration Directive No. 61.100 Page 13 of 13