This publication was made possible through the generous financial contribution of the National Highway Traffic Safety Administration (NHTSA). The Advisory Committee on Highway Safety of the International Association of Chiefs of Police (IACP) also acknowledges the hard work and creativity of the following people and their staffs who contributed articles or information for this deskbook:
This book is intended for police leaders. After all, that's what you arewhether you call yourselves commanders, administrators, executives, or supervisors, you are, first and foremost, leaders. It is intended as a quick and practical compendium of information to assist you in asserting your leadership in one of policing's most important functions, Police Traffic Services.It has been fashionable for some time to emblazon the fenders and doors of police vehicles with slogans calling attention to such aspects of law enforcement as SERVICE and PROTECTION. But how often do we, as leaders, stop and think about how to serve and protect most effectively? Over 188 million motor vehicles and more than 170 million licensed drivers travel over two trillion miles a year on our streets and highways. Hazardous materials in sufficient quantities to blow a small country off the map if stored, transported, or handled improperly pass our doorsteps every day. More people are killed in crashes on our streets and highways in a single year than in the nation's last major war.
In today's mobile society the motor vehicle is the primary tool used by criminals to reach the scene of the crime, and to elude the police. Carjacking, motor vehicle theft, drive-by shootings, drug deals, burglaries, and armed robberiesall involve the use of a motor vehicle. Our entire nation is, indeed, a "nation on wheels," and traffic backups and delays during rush hour result in millions of dollars and hundreds of thousands of productive hours lost to the economy and unnecessary environmental pollution each year. As drivers, citizens are more likely to have direct contact with a police officer than in any other aspect of their lives, and those contacts, both pleasant and unpleasant, shape the community's view of the police, one by one.
All of this adds up to the fact that few areas exist in law enforcement that affect the quality of life for our citizens as significantly as in the rendering of quality police traffic services.
The authors of this deskbook, all members or special consultants to the IACP Advisory Committee on Highway Safety, know from firsthand experience just how confusing and difficult are the problems you face. The many acronyms that describe various traffic safety programs, the myriad of federal agencies that set standards in this area, and the need to devise new and effective means of stretching your limited patrol resourcesall add up to headaches for the new police leader as well as the veteran.
We hope that this deskbook, in looseleaf form to facilitate periodic updating, will provide you with a ready source of ideas and information as you go about your duties.
Part One: Traffic Safety Systems and Terminology Common Abbreviations and Acronyms Used in Law Enforcement Associations and Committees
Part Two: Community-Oriented Traffic Policing Are Effective Traffic Officers an Endangered Species?
Part Three: Setting Policy for Successful Traffic Enforcement Setting Policy for Successful Traffic Enforcement
Part Four: Allocation, Deployment and Evaluation of Traffic Personnel
Part Five: Alcohol and Drugs
Part Six: Speed Enforcement
Part Seven: Collision Investigation
Part Eight: Commercial Vehicle and Hazardous Materials Regulation Commercial
Part Nine: The Driver Licensing System Driver Licensing
Part Ten: Protection of Automobile and Motorcycle Occupants and Riders Occupant Protection and Enforcement
Part Eleven: Registration, Title and Inspection Enforcement Motor Vehicle Registration
Part Twelve: Roadway Management through Engineering and Enforcement Enforcement and Engineering Liaison
Part Thirteen: Pedestrian Safety
Part Fourteen: Public Information and Education Programs
Part Fifteen: Uniformity, Reciprocity and Federal Programs
Part Sixteen: Legal Issues U.S. Constitution and Traffic Law:
Common Abbreviations and Acronyms Used in Traffic Law Enforcement
The following are some of the more prevalent acronyms used in traffic law enforcement, and their meanings:
ALR/ALS: Administrative License Revocation or Administrative License Suspension. This is referred to in the context of a state statute that permits a police officer to seize a license of a driver who refuses an alcohol test or tests over the legal alcohol limit. The driver is given a temporary license and scheduled for a prompt administrative hearing before the state driver licensing agency. ALR/ALS does not replace criminal court action for driving while intoxicated. The purpose of ALR/ALS is to remove the hazard of the drinking driver from the road in a speedier fashion.
AAMVA: The American Association of Motor Vehicle Admin-istrators.
AAMVANET: The American Association of Motor Vehicle Administrators' data services network contains the National Driver Register, Commercial Driver License Information System, and other information of interest to licensing, regulatory, and law enforcement agencies.
AASHTO: The American Association of State Highway Trans-portation Officials.
BAC: Blood Alcohol Concentration. This is measured in driving-while- intoxicated cases.
CAMPAIGN SAFE & SOBER: A two-year NHTSA program to reduce alcohol-related fatalities to 15,400 and increase safety belt use to 75 percent by 1997. These goals will be accom-plished through a combination of enforcement, public information and education, and legislative initiatives.
CARE: Combined Accident Reduction Effort. Operation CARE, a group of state police and highway patrol agencies who conduct unified and concentrated efforts in traffic law enforce-ment along interstate highways, particularly on holiday weekends.
CDL: A Commercial Driver's License issued by a state, entitling a person to operate a commercial motor vehicle weighing in excess of 26,001 pounds manufacturer's gross vehicle weight rating, carries 16 or more passengers including the driver, or carries hazardous materials.
CDLIS: The nationwide Commercial Driver's License Information System, which contains all commercial driver license information including driving histories of problem commercial drivers. It is typically on-line with the Motor Carrier Safety Assistance Program (MCSAP) agencies in the various states.
CHEM-TREK: A 24-hour toll-free telephone service that provides law enforcement and emergency response agencies with information for identifying hazardous materials involved in spills, and recommends mitigation strategies. Chem-Trek is sponsored by the National Chemical Manufacturers' Asso-ciation.
CVSA: The Commercial Vehicle Safety Alliance.
DARE: Drug Abuse Resistance Education, a copyrighted curricu-lum. The program, which trains police officers to present anti-drug programs in public schools, was started by the Los Angeles Police Department.
DOT: The U.S. Department of Transportation. Also applies to departments of transportation in various states, such as the Arizona Department of Transportation (ADOT) and the Pennsylvania Department of Transportation (PENNDOT).
DRE: A Drug Recognition Expert. Trained and certified in the IACP Drug Evaluation and Classification Program, a DRE is experienced in administering a battery of physical tests and clinical observations to suspected drug impaired drivers.
DUI: Driving under the influence of alcohol or drugs, a criminal offense in most states and provinces.
DWI: Driving while intoxicated; the same as DUI.
EVOC: Emergency Vehicle Operator's Course. A curriculum developed by NHTSA in cooperation with national police training professionals to teach proper techniques for operation of police and other vehicles in emergency conditions.
FARS: The Fatal Accident Reporting System, maintained by the National Highway Traffic Safety Administration (NHTSA). The system gathers data on all fatal accidents in the United States through reports collected by state-level agencies.
FBINA: The Federal Bureau of Investigation's National Academy located at Quantico, Virginia. The academy offers a command training program for high-level officials of state and local law enforcement agencies, and police officials from foreign countries.
FEMA: The Federal Emergency Management Administration, located at Emmetsburg, Maryland, which provides federal emergency assistance at the scenes of catastrophes and national disasters, operates the National Fire Academy, and publishes the national model curriculum for first responders to hazardous materials accidents.
FHWA: The Federal Highway Administration in the U.S. Department of Transportation, which administers federal highway trust fund expenditures to the individual states, and sets standards for the construction and maintenance of inter-state highways.
FMVSS: Federal Motor Vehicle Safety Standards as promulgated by the National Highway Traffic Safety Administration.
FOP: The Fraternal Order of Police, a national police organization sometimes involved in labor activities as a collective bargaining agent.
FRA: The Federal Railroad Administration is the entity within the U.S. Department of Transportation which monitors the safe operation of railroads. It develops and enforces rail safety regulations, investigates accidents, manages rail safety and highway-rail grade crossing safety programs.
GCCI: Grade Crossing Collision Investigation, a highway-railroad grade crossing safety awareness program, coordinated through a national railroad safety program, Operation Lifesaver. GCCI provides one to three-day training classes, at no cost to the agency, tailored to specific law enforcement agency needs.
HAZMAT: Hazardous materials, generally used in the context of hazardous materials regulatory enforcement.
HGN: Horizontal Gaze Nystagmus, which uses a phenomenon brought on by alcohol and other substances, to assist in determining the blood alcohol level or drug impairment of suspected drunk drivers by examining the angle of onset of nystagmus, a jerking of the eyeballs.
HSC: The Advisory Committee on Highway Safety of the Inter-national Association of Chiefs of Police, Inc.
IACP: The International Association of Chiefs of Police, Inc.
IADLEST: The International Association of Directors of Law Enforcement Standards and Training (POST).
ICS: Incident Command System, the system used by fire departments and police agencies to organize and implement emergency measures to mitigate major incidents.
IPTM: The Institute of Police Technology and Management at the University of South Florida in Jacksonville, Florida, which conducts law enforcement training programs and operates a radar testing laboratory.
ITE: The Institute of Transportation Engineers.
IVHS: Intelligent Vehicle Highway Systems, a system of computerized hazard detection and warning, trip routing and other capabilities, which interfaces on-board computers in vehicles with on-board radar and electronic roadside warning beacons. J. Stannard Baker Award: An annual award presented by the International Association of the Chiefs of Police and the National Sheriffs' Association to state, county and local police officers and private citizens who have made outstanding contributions to the field of traffic safety. The award is named after the founder of the Traffic Safety Institute at Northwestern University. Winners are selected by the IACP Advisory Committee on Highway Safety and the National Sheriffs' Association.
MCSAP: The Motor Carrier Safety Assistance Program, a system of federal funding of state agencies to assist the federal Bureau of Motor Carrier Safety (BMCS) in enforcing motor carrier safety and hazardous materials regulations at the state level.
NDLC: The National Driver License Compact, a program administered by AAMVA in which approximately 43 states participate.
NDR: The National Driver Register, a NHTSA program linked by AAMVANET and maintained by the American Association of Motor Vehicle Administrators.
NHTSA: The National Highway Traffic Safety Administration, the entity within the U.S. Department of Transportation which provides federal grants to state pass-through agencies for the maintenance of innovative traffic safety programs, conducts research, and sets federal motor vehicle safety standards (FMVSS).
NIST: The National Institute of Standards and Technology, formerly the National Bureau of Standards.
NMSL: The National Maximum Speed Limit as adopted by Congress and the National Highway Traffic Safety Admin-istration Federal Highway Administration, currently 65 mph on most interstate highways.
NSA: The National Sheriffs' Association.
NSC: The National Safety Council.
NTC: The National Troopers' Coalition.
NTSB: The National Transportation Safety Board, which investigates major transportation accidents and makes recom-mendations for improved transportation safety.
NUTI: The Northwestern University Traffic Institute at North-western University in Evanston, Illinois, which conducts research and offers innovative traffic safety training programs, including the so-called long course, for commanders of police department traffic bureaus and divisions.
OL: Operation Lifesaver, a nationwide, nonprofit public informa-tion and education program dedicated to reducing crashes, injuries and fatalities at highway-rail grade crossings.
OOT: Officer on the Train, a highway-railroad grade crossing safety awareness program coordinated through a national rail-road safety program, Operation Lifesaver. OOT places police officers aboard trains to radio traffic violations to other officers strategically located at or near grade crossings that have a history of collisions and traffic violations.
Operation Pipeline: An enforcement effort along major highway corridors to identify and intercept drug couriers. The operation commonly uses profiles of typical vehicles and driver behaviors that have been proven in the past to indicate a vehi-cle or driver is transporting narcotics or dangerous drugs.
OPUE: Occupant Protection Usage and Enforcement. A NHTSA program designed to provide police agencies with a model curriculum and programs to promote and enforce the use of safety belts and child safety seats.
OSHA: The Occupational Safety and Health Administration of the U.S. Department of Labor, which sets standards in many occupational safety areas, including the allowable emissions of police traffic radar devices.
OUIL: Operating Under the Influence of Liquor, a criminal charge similar to DWI or DUI.
PBT: A Preliminary Breath Test, usually accomplished by means of an electronic or balloon-style device which determines at roadside whether or not a driver has consumed alcoholic bev-erages, and to what extent.
PMVI: Periodic Motor Vehicle Inspection, generally a statewide program for the safety inspection of vehicles either at state-owned inspection stations or licensed private stations.
PTS: Police Traffic Services.
RSPA: The Research and Special Programs Administration of the U.S. Department of Transportation, which is responsible for promulgating the provisions of the Code of Federal Regula-tions pertaining to the transportation of hazardous materials.
SACOP: The State Associations of Chiefs of Police, a division of the IACP.
SAFETYNET: Computerized nationwide data bank maintained by the Motor Carrier Safety Assistance Program for tracking commercial driver enforcement.
ST:Standardized Field Sobriety Testing, a model curriculum developed by the IACP Highway Safety Advisory Committee and NHTSA for performing uniform and standardized road-side physical tests on suspected drunken drivers, based on medically approved techniques.
STEP: Selective Traffic Enforcement Programs, targeted to the times of day, days of week, locations, and types of violations that cause accidents; an early form of directed patrol but specifically devised for traffic enforcement.
TITLE 49: Title 49 of the Code of Federal Regulations (CFR), which contains the regulations on the interstate transportation of hazardous materials.
UTCD: Uniform Traffic Control Devices Committee, a group of primarily engineers who maintain and revise the National Manual on Uniform Traffic Control Devices.
UVC: The Uniform Vehicle Code, a model code that is maintained by a standing committee of experts, the National Committee on Uniform Traffic Laws and Ordinances.
VDP: Violator Directed Patrol.
The following is a listing of the associated groups currently active in the highway safety field, together with a brief description of their administrative organization and relationship.
AAMVA (The American Association of Motor Vehicle Administrators) This organization represents the driver license and motor vehicle registration agencies in the United States, the District of Columbia, and the Canadian Provinces. The organization is regionalized, with a regional staff member living within each region. Its headquarters in the Washington, D.C., area has a salaried executive director with the full-time task of overseeing AAMVA functions and staff, including the following:
AAMVANET (The American Association of Motor Vehicle Administrators Network) is a teletype network that connects all member agencies and several federal agencies. The commercial driver license information system (CDLIS) and the National Driver Register (NDR) are connected to this network. Administrative messages, as well as driver license and registration checks, are available. The Driver License Committee is comprised of the various administrators involved in issuing driver's licenses. Many issues dealt with in this committee have a direct impact on law enforcement.
IRP (The International Registration Plan) is a prorating system of registering commercial vehicles between the states. AAMVA and the private sector work closely with member states to encourage and further enhance this concept. Under the concept, a commercial vehicle is registered in the homestate and issued a plate marked "APPORTIONED." At the time of registration, the applicant declares any other IRP member states in which he intends to operate, and a prorated portion of the registration fee is forwarded to each of these member states.
PTS (The Police Traffic Services Committee) is the only law enforcement group within the AAMVA. This committee is made up of representatives of many of the same agencies that belong to the Division of State and Provincial Police of the International Association of Chiefs of Police, Inc. It is impor-tant to maintain the law enforcement presence at AAMVA in order to have an impact on AAMVA's decisions in the driver licensing and registration areas. The additional benefit of having the support of both the IACP and AAMVA on law enforcement issues is positive. Because the motor vehicle administrators are the dues paying members of AAMVA, however, they generally have sufficient votes to affect any decisions within their own administrations, and the police input, from a practical standpoint, is mostly advisory. The Registration and Title Committee, as in the case of the Driver License Committee, affects law enforcement directly. The issues of whether one or two plates should be issued to a vehicle, what kind of plates should be issued, and how they should be displayed, as well as anti-theft issues affecting the titling of motor vehicles, receive serious consideration by this committee.
AASHTO (The American Association of State Highway Traffic Officials) This association consists mainly of the directors of the public works and highways or transportation agencies in the United States. Their main thrust is in Washington, D.C., where the federal highway trust fund monies are dispensed by Congress. This group is well-staffed and powerful as a lobbying group. Generally, the practical way for law enforcement to have input and dialogue with AASHTO is through a state member agency rather than through the association staff. The Traffic Safety Committee deals with traffic safety issues but mostly from the engineering standpoint. There is no representation from the area of law enforcement on this committee, nor is AASHTO currently represented in any law enforcement groups.
ASLET (The American Society of Law Enforcement Trainers) Headquartered in Lewes, Delaware, this fast-growing association is a loosely knit group of national law enforcement instructors, both free-lance and employed by state and local training institutions and police departments.
CSG (The Council of State Governments) This national organization has representation from the executive level of each state's government.
CVSA (The Commercial Vehicle Safety Alliance) Made up of enforcement agencies in many of the United States and Canadian provinces, this federation is responsible for enforcing the state-level equivalence of the federal Office of Motor Carriers Rules, and the Hazardous Materials Regulations contained in Title 49 of the Code of Federal Regulations. In some states, membership consists of the state police and highway patrol, while in others it consists of the agency that issues contract carrier operating rights, or the state transportation agency that operates the scales used for truck weight and size enforcement, or whatever agency handles the federal Motor Carrier Safety Assistance (MCSAP) Program for that state. To join CVSA, a state must agree to conduct uniform roadside safety inspections of motor carriers and apply a sticker recognized by other member jurisdictions, so as to avoid putting interstate truckers through multiple roadside inspections in different states during the same time frame.
IACP (The International Association of Chiefs o f Police, Inc.) Headquartered in Alexandria, Virginia, the IACP has a membership of nearly 14,000 police executives around the world, and operates with a salaried executive director and paid staff.
S&P (Division of State and Provincial Police) is comprised of 49 state police, departments of public safety, and highway patrol agencies in the United States, plus several provincial agencies in Canada and the Canadian Royal Mounted Police, who also provide traffic enforcement in some provinces in Canada. S&P has a division director and staff at the IACP headquarters. The division is divided into four US regions that also include the contiguous portions of Canada. These regions are the Mountain Pacific, North Central, Southern, and North Atlantic. Each region has a regional chairman, and one general chairman on a nationwide level represents the S&P Division on the executive board of the IACP.
HSC (IACP Advisory Committee on Highway Safety) consists of a cross-section of state and local police commanders who set policy and determine the IACP goals in the area of highway safety. The committee is appointed by the IACP president, and usually contains from 23 to 26 members. The members come from all types and sizes of law enforcement agencies, with consultants and representatives from the private sector as well. Other law enforcement groups, such as sheriffs, and government agencies, such as the Federal Highway Administration and the National Highway Traffic Safety Administration, are also represented. The committee is staffed by S&P personnel.
DRE Section (Drug Recognition Experts) has been established with the IACP S&P Division to represent the DREs across the country. DRE training leads to a certification program that establishes minimum skills for detecting and prosecuting the drug-impaired driver.
TAP (Technical Advisory Panel), appointed by the chairman of the IACP Highway Safety Advisory Committee, contains representatives from various disciplines such as prosecutors, chemists, medical personnel, and police officers who are directly involved in the DRE and SFST programs. TAP advises the Highway Safety Committee and assists with keep-ing the DRE and SFST curricula and certification regulations updated.
RATS (Radar Advisory Technical Subcommittee), appointed by the chairman of the IACP Highway Safety Committee, consists of police officers, operators of testing laboratories, and manufacturers of traffic radar and LIDAR (LIght Detec-tion and Ranging) devices, along with a member from the National Institute of Standards and Technology (NIST). RATS advises the Highway Safety Committee on the radar testing program, which is overseen by the HSC and involves five testing laboratories across the nation and an established consu-mer product list (CPL) of acceptable radar units. State and Provincial Police Planners consists of planners from the state and provincial agencies, including state police, highway patrols, and departments of public safety, comprising the IACP S&P Division. The group meets annually to discuss mutual issues affecting their agencies. Staff is provided by the S&P Division.
SPADS (The State Police Academy Directors' Association) consists of the commanders and managers of the state police and highway patrol agencies in the United States and Canadian provinces who conduct training academies and are attached to the members of the IACP State and Provincial Division. Annual meetings are held and items of mutual concern are discussed. Staff is provided by the S&P Division.
SACOP (The State Association of Chiefs of Police) is an IACP division consisting of a coalition of state associations representing police chiefs in their states. State police agencies and major city chiefs may belong to some local SACOP associations in addition to being represented independently. SACOP is represented on the IACP Executive Board by a general chairman but has no dedicated staff. The Major City Chiefs is loosely knit group of chiefs from the larger metropolitan areas of the country. Meetings are called to discuss issues of mutual concern and seek solutions. This group has no dedicated representative of this group on the IACP Executive Board nor a dedicated IACP staff; however, because of their prominence and professional competence, individual members usually are represented as individuals on the IACP's Board of Officers.
IADLEST (The International Association of Directors of Law Enforcement Standards and Training) This group is composed of the staffs and directors of the states POST (Police Officer Standards and Training) councils, boards and commissions, and other regulatory agencies that set the standards for police officer certification and training. Membership is also extended to staffs of certified police academies in each state and to similar agencies in Canada and other nations. IADLEST commends model standards for POST agencies and police academies and develops model curricula in many areas, including police emergency driver training and the operation of electronic speed measuring devices, such as radar, photo radar, and LIDAR. The group is well-funded but has no permanent headquarters. The secretariat is located in the office of whoever is the president of the association in a given year.
NAGHSR (The National Association of Governors ' Highway Safety Representatives) These are the state-level administrators who control the federal funds entering each state from NHTSA and, in some instances, the FHWA. Each state is required to have a governor's highway safety representative so that it is represented in this group.
NATIONAL ALERT A nationwide organization of police emergency driver training instructors, NATIONAL ALERT meets periodically, usually at the FBI National Academy in Quantico, Virginia, to discuss matters of mutual interest.
NCSL (The National Conference of State Legislators) This group is composed of speakers of states houses of representatives, presidents of state senates, majority and minority leaders and whips, and influential committee chairmen and members of the various state legislatures. They meet periodically to discuss trends in legislation and to share resources and ideas.
NCUTLO (The National Committee on Uniform Traffic Laws and Ordinances) This group is responsible for maintaining the cutting edge of legislation and for publishing the uniform vehicle code (UVC), a recommended model code used by law enforcement agencies, motor vehicle administrators, and legislators to formulate new traffic laws and ordinances. The goals of the group is (1) to have uniformity among the traffic laws and ordinances of the various states and jurisdictions, so that persons traveling from one state or community to another will not unwittingly find themselves in violation of some unique law that exists only in one jurisdiction; and also (2) to address traffic safety problems with innovative and effective legislation. This group is comprised of a cross-section of voting members, including officials of state agencies, nonprofit organizations, and dues paying private sector representatives, who serve indefinite terms. The secretariat is currently located at the Traffic Institute of Northwestern University in Evanston, Illinois. The group meets at least biennially to debate proposed changes to the Uniform Code.
NGA (The National Governors Association) This organization consists of the governors of the 50 states and the premiers of the Canadian provinces and their top staffs. Members meet periodically to discuss issues of mutual concern among the states, and to support, propose, or endorse legislation in many areas, including criminal laws and highway safety.
NOBLE (The National Organization of Black Law Enforcement Executives) Headquartered in the Washington, D.C., area, NOBLE is comprised of African American command officers in law enforcement agencies. It conducts training programs in areas such as cultural diversity and domestic violence, promotes proactive policies to end discrimination in law enforcement agencies, and takes positions on legislation.
NSA (The National Sheriffs' Association) Comprised of the elected law enforcement officials at the county level throughout the United States, NSA has a Traffic Safety Committee and is also represented on the Highway Safety Advisory Committee of the IACP with special consultant status.
NSC (The National Safety Council) This large nonprofit safety organization focuses on the prevention of home and industrial accidents and, in part, on traffic safety. It also franchises a nationwide model defensive driving curriculum, including one targeted at police driver training.
UTCD (The Committee on Uniform Traffic Control Devices) This working committee is composed mainly of traffic engineers employed by state highway departments and departments of trans-portation. It maintains the Manual on Uniform Control Devices, the engineer's bible for the installation of traffic lights, signs, striping, and other traffic control devices. The IACP has one member (and alternate), who represents the law enforcement point of view on the issues discussed. The discussions are lively, and law enforcement has one vote.
Are Effective Traffic Officers an Endangered Species?
Sometimes effective traffic enforcement in certain localities appears as though it has gone the way of the Dodo bird. The next time you take a trip for an hour or more, count how many police you see who have stopped violators or whose vehicles are parked where they can strategically observe the traffic flow. Better yet, observe how many officers pass a stranded motorist without stopping to assist. And when was the last time you noticed an officer in a marked patrol car watching an intersection for stop sign violations, or surveilling a stretch of road for motorists passing over solid lines?
Inconsistent, Untargeted Enforcement
Too frequently, when enforcement does take place, it consists of issuing a batch of citations at a location where motorists may be exceeding the speed limit but accidents are minimal, instead of targeting a location where unsafe actions are contributing to crashes. This type of inconsistent, "here today and gone tomorrow" enforcement only arouses ire and disrespect on the part of the public. Motorists driving at legal speeds tend to be passed as though they were standing still, and traffic control devices are routinely disregarded by some motorists. Is it any wonder that criminals in some jurisdictions no longer hesitate to ply their trade for fear of being stopped by an alert traffic officer? Or that some motorists whose aggressive driving mirrors an aggressive personality are increasingly settling traffic disputes with gunfire? Why should license revocations be a deterrent if the odds against being stopped are so great? And is it any wonder that despite improvements in vehicle and roadway safety and public crusades, the deaths, suffering and lost productivity from traffic crashes still make them America's number-one public health hazard?
Accountability Problems
If you ask your officers how they can drive around for eight hours without making a traffic stop, they will say they are busy running from call to call. Yet more creative use of whatever uncommitted time is available would yield major dividends in the fight against traffic deaths and injuries. Some departments have raised a generation of officers who rely on moving radar for all their traffic activityif, indeed, they regard traffic work as real police work at all. Officers with this attitude lose the many opportunities presented when serious crimes are detected through a supposedly random traffic stop. They also miss out on the public relations benefits accrued by them personally and by the department from providing a variety of services and a sense of security to the traveling public.
Policy Considerations
Reversing this trend needs to start at the top. As administrators, through our written policies, public pronouncements and personal examples, we need to demonstrate that we believe traffic work is an important part of every uniformed officer's job. We should insist that line supervisors accompany traffic officers on their shifts occasionally, and call them to task if they fail to stop vehicles for not only moving traffic violations but also equipment violations, or if they fail to spend part of each shift on visible traffic patrol.
Making Use of Data
Systems should be in place to review the traffic productivity of our officers, focusing on the number of contacts per hour rather than setting a quota for citations. We need to look at the quality and variety of citations and warnings issued and match them up through an effective traffic records system to be sure the traffic laws are being enforced at the times and places where they can reduce collisions. We must be responsive to public complaints about dangerous traffic conditions. And we need to retrain our field training officers to be sure they acquire the skills that good traffic officers should have, and pass them along to the new officers on the department.
Conclusion
If we allow good traffic work to go the way of the Dodo bird, we will eventually consign the entire patrol function to the same fate, because traffic is such an integral part of visible, alert patrol tactics. Once this type of police work makes it to the endangered species list, it will take more than a couple of additional accredita-tion managers sitting in the office to restore sanity to our troubled streets and highways.
Two for the Price of One
Traffic law enforcement gives officers at the state, local, and county police
levels the unparalleled opportunity to save lives. The causal relationship
between consistent, goal-oriented enforcement and casualty reduction stands
clear and unimpeachable. Traffic enforcement is demonstrably justifiable on its
own merits. Yet, today an emerging secondary benefit reinforces the value of
roving patrol officers. They have become major crime fighters! America's long-standing
reliance on the motor vehicle has put crime literally
on the nation's streets and highways. Murderers, robbers, auto thieves, and
drug traffickers all travel by motor vehicle. And when they violate traffic
lawsa frequent occurrence because criminals typically are preoccupied by
their crimesthat familiar police light appears in the mirror. This once
meant two things: a short conversation with the officer and a traffic citation.
Today, much more can follow.
What happens in those few moments when an officer approaches a violator
describes the quiet revolution taking place within law enforcement. Officers
more frequently recognize that the violator doesn't quite fit the
circumstances. The subject's demeanor, the caliber of responses to questions, a lack of
knowledge about the vehiclethese and similar factors noted by the alert,
trained observer recommend further investi-gation. And further investigation
pays off in criminal arrests. None of this results from mere luck. Specialized training, a growing reservoir
of favorable experience and, perhaps most important, the intelligent wariness
of the individual combine to transform him from a traffic officer into
something more. It's as if we're getting two people for the price of one: an
officer skilled in traffic and another knowledgeable in general criminal
investigative techniques.
Traffic Enforcement and Crime Reduction
University of Maryland Criminologist Lawrence S. Sherman rein-forces the
importance of traffic law enforcement in reducing general crime: The
higher the level of traffic enforcement, the lower the level of robbery.
Aggressive traffic enforcement creates a broad general effect of
deterrence. He adds that some crimesrobbery, rape, burglary,
aggravated assault, and car theftcan be prevented by a visible police
presence. This is precisely what highway patrols and the traffic units within state,
county, and local police agencies offer: a visible presence and aggressive
traffic enforcement. But the record now shows they provide the added bonus of
potential criminal detection. The alert officer, patient and thorough, may
capture a felon, recover contraband, or disrupt a crime in progress.
For example, a California Highway Patrol officer jotted down the plate number
of a Georgia car because he suspected it should have been registered in
California. A follow-up check with Georgia authorities showed the car was
sought in connection with the kidnaping of a 12-year-old girl. Two weeks later
the officer spotted the same car, determined that it was still wanted, called
for backup, and made the stop. The result: one kidnapper arrested, one
12-year-old rescued. A third officer drove by a parked car; nothing appeared unusual, until he
saw two heads duck below the window line. He checked the license plate by
computer and received the return message that the subjects were considered
armed and dangerous. By now the vehicle was moving, and the officer followed,
while calling for backup. The pursued vehicle fled at high speed. Moments later
the car crashed, and the occupants were captured. Both were wanted on suspicion
of kidnaping, armed robbery, rape, grand theft and attempted murder.
Violator-Directed Patrol
In 1987, the U.S. Drug Enforcement Administration conducted an Operation
Pipeline drug interdiction seminar in New Mexico, opening the vista of
expanded criminal enforcement by traffic officers. Yet, the troubling echo
sounded by those already involved in Pipeline was the required specialization
of personnel, meaning that traffic responsibilities had to be reduced
proportionately. For agencies already struggling to handle traffic with
diminishing uniformed strength, siphoning resources to yet another new program
was unappealing. But the concept of drug enforcement made real sense; the
challenge became how to mount an unrelenting traffic enforcement effort, while
expanding the capacity to conduct criminal investigations.
Arizona met this challenge through a program called VDP (Violator Directed
Patrol). VDP concentrated uniformed strength in areas with a high frequency of
collisions, and it upgraded the criminal investigation training of highway
patrol officers initially in a targeted area, but eventually including
all officers. VDP listed simple, practical objectives:
In practice, Arizona found that a VDP project in a given area virtually
eliminated collisions, thereby realizing the traffic safety objective. The
criminal investigative objective required more time, because the skills being
taught were new. Training dealt with a myriad of subjects. Officer safety was
stressed, particularly in situations requiring searches or arrests. The
fundamental cautions were reemphasized: Wear gloves, watch for needles, and
call for backup. Arizona's results have been rewarding. The Highway Patrol Bureau
(500-plus officers) recovered 600 to 700 stolen vehicles per year before VDP.
The figure doubled to 1,413 with VDP. Drug seizures and felony arrests
reflected similar increases. All of this was achieved while maintaining the
desired emphasis on traffic safety objectives; in fact, Arizona's traffic
fatality rate stood at an all-time low.
The California Highway Patrol initially became involved in Operation Pipeline
because several Pipeline highways traverse the state, notably Interstate Routes
5, 8, 10, 15, and 40. Officers working these highways learned the pertinent
identification skills and legal latitudes. So did commercial officers, whose
investigative abilities were upgraded through a program known as CONET
(Commercial Officer Narcotic Enforcement Team). CONET also counts as full
partners the 20 drug-sniffing dogs now fielded by the CHP.
Next came training of all field officers, bringing the number of skilled patrol
observers to approximately 5,000. The results describe the payoff. The CHP
makes more in-custody arrests than any other California police agency, and many
of the arrests are of suspected felons.
How VDP Works
The new sensitivity imparted by the training boosted drug seizures and drug
arrests, but the trigger mechanism remains a traffic stop. The seemingly minor
infraction can start a chain of events leading to a narcotics find. Here are
examples:
Go Where the Problem Is
Thirty years ago, traffic enforcement emerged from the dark ages of
hit-and-miss deployment to the logical and effective strategy of selective
enforcement. Go where the biggest problem is; attack the major causes. That's
the basic reason drunk driving became such a high enforcement priority and why
safety belt enforcement is emphasized today. Effort applied in those two areas
produces proportionately greater benefits.
Criminal enforcement in those earlier years was mostly a bonus. Felony arrests
were infrequent, not because criminals weren't using cars, but rather, the
importance of emphasizing criminal enforcement had not yet made itself widely
felt within traffic work. The necessity for combining skills began to overtake
all police agencies, as phrases such as cut-back management and
doing more with less became familiar. The urgency to run tighter
ships is never more obvious than now, when governments at all levels are short
of funds. The tendency to expect more of public employees is common and police
agencies are not exempt.
Criminal investigators now look to road patrols for help in both gathering
intelligence and intercepting criminals on the streets and highways. Community-Oriented Traffic Policing
Community policing is the watchword of the '90s. More communities
are daily jumping on the bandwagon, and reports from consultants examining law
enforcement agencies from Boston to Los Angeles are recommending its adoption
as the best response to the crime problem. Refinements to community policing's
basic concepts, such as Professor Herman Goldstein's problem-oriented
policing have achieved success in localities as diverse as Newport News,
Virginia, and London, England.
If this type of policing is being touted as the answer to crime, perhaps it is
time to look at its potential impact on a problem that is more preventable and
looms much larger in terms of its devastat-ing effect on the publicthe
daily toll of death, injury and property damage on our nation's streets and
highways.
In a recent year, according to statistics from the National Highway Traffic
Safety Administration (NHTSA), a highway death occurred every 13 minutes in the
United States. In contrast, the FBI Uniform Crime Reports figures indicated one
murder every 21 minutes in that same yearthat is, 18,967 deaths due to
murders versus a total of 40,115 deaths in fatal traffic crashes. Additionally,
3.2 million persons were injured in traffic crashes and economic damage totaled
$137.5 billionmore than four times as much as the estimated $13 billion
economic loss due to crimes
If our mission is truly to protect and serve, how better to
accomplish this than by making our streets and highways safer for those who use
them on a daily basis? Is there a way to apply the concepts of community
policing to the traffic problem?
Although the definition of community policing still appears somewhat
hazy, the following principles seem to have emerged almost everywhere it has
been truly implemented (as opposed to those jurisdictions where it is embraced
only in theory):
Let's examine these principles and see how community policing strategies can be
applied.
Admitting the Need for Citizen Help
Although our streets and highways have grown relatively safer over the past
decade, with the death toll per 100 million miles dropping, an increase in
licensed drivers and registered vehicles, as well as congestion, is clogging
both our arterial and our city streets. Traffic crashes remain the leading
accidental cause of death in the U.S., and are responsible for a major negative
impact on our economy. Most state, county, and local police departments are
understaffed, and can use all the help they can get.
Just as Neighborhood Watch programs have helped discourage residential
burglaries and led to the apprehension of criminals, so can group and
individual action by citizens lead to the identi-fication of unsafe streets and
highways and the apprehension of drunken and drugged drivers, as well as those
whose total disrespect for law and order leads them to drive after their
licenses have been suspended or revoked.
A few states have experimented with REDDI (Report Every Drunk Driver
Immediately) toll-free telephone lines where citizens can report drunk drivers,
but we have only begun to scratch the surface of available citizen assistance
and involvement. Our crime prevention officers need to team up with our traffic
officers and let participants in Neighborhood Watch know how to report
dangerous drivers. Taxis, public utility vehicles and others with commercial
two-way radio communications, drivers with cellular phones and truckers with CB
radios can all be enlisted in the war on dangerous driving.
Having Our Customers Identify Problems
Social scientists have discovered that, in terms of its effect on the quality
of life in the United States, the fear of crime is perhaps as important as the
presence of crime itself. Similarly, practitioners of community policing have
found that helping residents clean up neighborhoods of such nuisances as
abandoned cars and dilapidated buildings allows people to feel safer on the
streets, instills more pride in communities, and gets citizens in the habit of
working with the police.
Just as people fear a gang of roughnecks on the street corner or the presence
of a neighborhood drug hangout, so do they fear for the safety of their
children playing near the street if their neighborhood is plagued by screeching
tires at all hours.
Thanks to interstate speed limits and monitoring criteria, traffic
enforcement effort in recent years has been diverted to the interstate system.
Citizens who do not respect the arbitrary 55 mph speed limits posted in areas
selected because of population figures rather than traffic hazards, have come
to regard speed violations as trivial. We must try to restore respect for
traffic laws by deploying more officers to the locations where the citizens
themselves are troubled by dangerous drivers. We must teach our officers to
rely on more than just a radar gun. People will feel saferand those prone
to disobey the law will be more effectively deterredif some of the
low-profile radio cars now sitting at crossovers could spend more of their time
in high-visibility activities, such as monitoring solid lines, stop signs and
school bus stops; sitting in locations where neighbors complain about careless
drivers; and frequently checking vehicles with defective lighting equipment
while patrolling an area characterized by licensed drinking establishments.
Targeting Proactive Enforcement
As police departments move away from the notion that all calls for service,
regardless of their nature, require an immediate response by uniformed officers
in radio cars, and adopt differential response strategies that permit the use
of directed patrols designed according to crime analysis, we need to examine
our traffic records systems, as well. Do our traffic records adequately
identify the times of day, days of the week, locations and violations that are
causing the most serious traffic crashes? Do the traffic citations issued
indicate adequate enforcement against these types of violations, or are our
officers simply looking for easy targets? Using Nontraditional Approaches
Saturation enforcement and the issuance of traffic tickets have traditionally
been the primary means used by police to make our streets and highways safer.
However, just as proponents of community policing have employed a broad range
of strategies and involved other government and private agencies to attack the
crime problem, these strategies will also alleviate traffic problems. If
available manpower does not permit adequate enforcement at a location where
illegal left turns are causing accidents, why not team up with the Public Works
Department to erect temporary barricades or some other solution? Why not
convince the city to condemn and tear down a vacant building to make room for a
left-turn storage lane? The possibilities are limitless, just as they are in
any other form of community policing.
Delegating Authority
In these days when risk management and national accreditation are moving us
closer to a painting-by-the-numbers style of law enforcement, we must find new
ways to empower our employees to work on innovative solutions within the
community and make it clear that they will not be penalized for doing so. We
must replace enforcement strategies that too often lead to officers
sporadically swooping down out of nowhere to ticket citizens in
response to a commander's once-a-month concerns about activity, or a loud
complainer who gets the right ear at headquarters.
Enforcement can be efficient and still not be effective, but effective
enforcement by its very definition is always efficient. We need to move our
officers out into the community, both to perform high-profile stationary
observation at strategic times and locations and to make them available and
approachable to citizens who wish to exchange valuable information on neighborhood problems,
crime and otherwise. It is no longer a viable excuse to say that our officers don't
have the time; indeed, we cannot afford not to develop this type of
interactive policing.
Conclusion
Near the beginning of the twenty-first century, it appears that any economic
recovery may be shallow and gradual, and that police departments will find it
difficult to obtain the resources they need for the demanding jobs that lie
ahead. With deaths, injuries and property damage from traffic crashes eclipsing
all other accidental causes of human suffering and economic loss, we cannot
afford to neglect the traffic problem. By adapting community policing
strategies to traffic enforcement, we can work smarter and obtain
more community support for our efforts.
Community Policing and Traffic Enforcement: Not Mutually Exclusive
Many jurisdictions around the world are embracing the concepts of community
policing and problem-oriented policing as a means to draw the police and the
public closer together and to make the most efficient use of scarce
resources.
Citizens want law enforcement to help them with many concerns, including
street-level drug usage, deteriorating neighborhoods, and crimes of violence.
Community policing and problem-oriented policing each posit the theory that the
problems of crime and disorder in the community cannot be solved by the police
alone. The roots of these problems go deep into our culture and times. We need
commitment, involve-ment, and support from the total community as we go about
the task of reducing fear and making a safer environment.
These new policing styles also realize that the officer on the beat or in the
squad car, delivering direct police services to the people, is often in the
best position to recognize problems and must be given reasonable latitude to
develop innovative and nontraditional solutions to these problems, in concert
with the community.
The IACP Highway Safety Advisory Committee is concerned that, in adopting these
new policing strategies, communities do not overlook the number one public
safety problem today, in terms of deaths and serious injuries and its impact on
the quality of life: traffic crashes. Nationally in the United States, more
than 40,000 people are killed in traffic crashes each year, and 3,200,000 are
injured. Thus, traffic deaths remain by far the largest single cause of
accidental death. Traffic crashes cost U.S. society $137.5 billion a year in economic
lossincluding uninsured work losses, vehicle
damage costs, and cargo loss and outstrip cancer, heart disease, AIDS and
all other causes of deaths for Americans age one to 44 years. The situation is
similar in most other industrialized nations.
As we redouble our efforts to improve policing methods and obtain more
community support and involvement, let us make sure that traffic enforcement is
not neglected. Without safe streets and high-ways, we cannot truly say we are
reducing the level of community violence and fear, and making the streets safe
for our citizens.
Setting Policy For Successful Traffic Enforcement
As the head of a law enforcement agency, you have the responsibility to provide
guidance and direction to your employees in accomplishing the goals of your
organization. As well, you should encourage them to participate actively in
establishing a standard of professionalism that will bring credit to them as
individual officers and to you and your organization.
Deaths, injuries, and economic losses from traffic crashes consti-tute the
number one public health problem in nearly every country in the free world. A
successful police administrator will use the bully pulpit of policy
making to ensure that his officers place the proper priority on traffic
enforcement activities.
Defining Your Agency's Mission
Begin at the very basic level of your agency's mission statement, and make a
value statement as well. Make certain that the mission and value statements
contain strong wording that clearly tell both the public and the members of the
department that traffic enforcement is seen as a vital component of any
community or service-oriented policing effort, and the responsibility of every
uniformed officer, regardless of rank or assignment.
Run your department according to a management-by-objectives or total quality
management approach that includes a long-range strategic plan, and that traffic
is represented in this plan.
To emphasize this perspective at the operational level, traffic productivity
should be an aspect of the periodic personnel evalua-tions of all uniformed
officers. Data should be collected on which to base these evaluations. To avoid
accusations of setting a quota for enforcement, base your evaluation criteria on
all self-initiated contacts, and do not overemphasize citations. First-line supervisors
should take corrective action whenever an officer spends an appreciable amount of time
on the road without making a reasonable number of self-initiated traffic
contacts. Likewise, mid-managers should hold first-line supervisor's feet to
the fire to ensure they're carrying out their responsibilities. A component of
each field training officer program should include sufficient emphasis on
traffic activities.
When writing policies for your department, consult the standards contained in
the manual of the Commission for Accreditation of Law Enforcement Agencies, Inc
(CALEA). That way, even if your department is not presently accredited, should
you desire to become accredited at some future date, you will have a lot less
work to do to conform your policies to CALEA standards.
Concentrating Your Efforts
When you begin reviewing or developing traffic policies, concen-trate first on
the highest liability areas, which include pursuits, high-risk vehicle
response, road blocks and forcible stopping tactics, and drunk and drugged
driver enforcement. Other important areas affecting traffic safety operations
include fleet accident review, transportation of prisoners, fuel economy, and
vehicle specifications and equipment.
Liability for you and your department arises either when you do not have a
policy or when a existing policy is inadequately explained through training or
is not enforced.
The policy and procedure manual should consist of procedural guidelines your
members will use to perform their daily duties, as well as the policies
themselves, which will be short descriptions of agency goals in particular
situations. Detailed procedures for carrying out the policies should be
explained clearly and concisely.
When writing policies, make sure you focus on the expected results, not
just the methods to be used in performing the task.
Operation of Emergency Vehicles
Training in the operation of emergency vehicles is one of the most important
issues currently facing police administrators. Adequate training must be
maintained to ensure that your officers are able to operate department vehicles
competently during the response to an emergency and in pursuit situations. In
addition, it is essential to develop a comprehensive emergency vehicle
operations policy that is specific to your particular agency, not simply
borrowed from elsewhere.
Train each member of your department within the parameters of your particular
agency's policy regarding both emergency response and pursuit. Make sure your
instructors are well acquaint-ed with the policy and that their lesson plans
conform to it. Do not have an unwritten response or pursuit policyyour
members need to know where you stand on the issue and what guidelines they must
follow in these situations.
Your pursuit policy, when developed, should describe specifically how your
department members are to conduct themselves when faced with a pursuit
situation. The policy must address such issues as a clear, concise definition
of the term pursuit, because a realistic definition encourages
compliance.
Provide a precise description of the conditions under which your officers may
initiate a pursuit. Pursuit should be discouraged for minor nonmoving
violations. Limited pursuit is acceptable for moving violations. Pursuit is
generally acceptable for serious moving violations.
The policy should indicate how a pursuit is to be initiated, including the
emergency warning devices to be utilized, and notification of a supervisor
and/or communications center.
The duties of the primary and other available units should be spelled out
in the policy. The primary unit should focus on the pursued vehicle, and other
units should focus on obstacles and other motorists. Your policy should
prohibit the operation of several police vehicles in a convoy fashion during a
pursuit. When more than one vehicle is involved in a pursuit, the additional
vehicles should follow along at near-legal speeds and merely position
themselves to be of assistance once the pursuit is terminated.
Depending on the size of your department, the number of street supervisors and
watch commanders available, and the size and capability of the communications
center, you should consider making a supervisor responsible for monitoring the
progress of a pursuit. This supervisor should have the authority to terminate
the pursuit at any time he feels the dangers inherent in the pursuit outweigh
the value of apprehending the pursuit vehicle. Factors to be considered by both
the supervisor and the driver of the pursuit vehicle should include the nature
of the original violation, road and weather conditions, the nature of the
pursuit locale, and the likelihood of success compared with the danger to the
public. Reasons for discontinuing the pursuit should include loss of visual
contact, increased danger to the public, or obtaining enough identification to
apprehend the violator at a later date.
Forcible stopping techniques should only rarely be used to terminate a pursuit,
because the U.S. Supreme Court has stated in Brower v. Inyo County that they
constitute deadly force under some circumstances. Deadly force should only be
used in the apprehension of someone who has committed a felony involving force
or violence and all other means to effect their apprehension have failed, or
when reasonably believed necessary to save the lives of other innocent
citizens.
The technique of boxing in the pursuit vehicle between two patrol vehicles is
extremely dangerous, not only to the suspect but to the operators of the patrol
vehicles. Apprehending a motorist for traffic violations is seldom worth
risking a whiplash injury, or worse, to a police officer. Under no
circumstances should forcible stopping techniques such as rolling roadblocks or ramming be used, unless
the officers have specifically received classroom and hands-on training in
these techniques.
When stationary roadblocks are set up, ample advance warning should be given to
other motorists, and an escape route should be allowed for the pursued vehicle.
Otherwise, if the pursued vehicle becomes involved in a crash at a road block
and its driver or passenger is killed, the question will always arise as to
whether or not deadly force was authorized. The use of hollow spikes sold by
various police supply houses may be an acceptable alternative, but only when
the use of such a technique is legally justified and the officers have been
trained in its use. Once a fleeing motorist has been apprehended, additional use-of-force
considerations come into play. An unfortunate incident can happen when police
officers, high on adrenaline after a lengthy high-speed pursuit, confront an
errant motorist. An instance that occurs all too frequently involves a police
officer who attempts to remove a motorist forcibly from a vehicle at gunpoint
and accidentally discharges his weapon. It is always preferable to wait for
sufficient assistance before removing a motorist from a vehicle at the scene of
a high-risk stop and to use the contact/cover principle, where one
armed officer provides the firepower and an unarmed officer conducts the
handcuffing and search. Because of the ease with which modern semiautomatic
weapons will discharge, it is extremely important that officers be trained in
the on target-on trigger, off target-off trigger principle of
handling firearms. By exposing officers to scenario-type training with periodic retraining in
these techniques, officer self-discipline will be attained. It is also
necessary to have a supervisor proceed to the scene as quickly as possible and
assume control of the situation.
3-1-6 Response to Emergency Calls
Every police department should develop a response policy that provides
assistance to officers when they are responding to various calls for service.
For instance, when responding to an accident, a call for assistance, or any
emergency requiring officers to arrive at the scene as quickly and safely as
possible, they should be required to activate their emergency warning devices
and pay attention to state motor vehicle laws, including the conditions under
which they may legally ignore traffic signals, the procedure to be followed
when they do ignore the signal, and conditions under which they may exceed the
maximum posted speed limits or disregard regulations governing direction of
movement or turning in specified areas.
Stress to the officers, both in the policy and during training sessions, that
the emergency vehicle exemptions do not relieve the driver of an emergency
vehicle from the duty to drive with due regard for the safety of all persons;
nor do these provisions protect a driver from the consequences of reckless
disregard for the safety of others.
Operating a police vehicle either in pursuit or in response to an emergency
call is extremely dangerous under conditions where the vehicle will be going
the wrong way down a one-way street, entering a freeway entrance ramp from the
opposite direction, or otherwise disregarding normal traffic flow conditions.
Due to the extreme dangerousness of these tactics, they are seldom
permissible. Policies should also provide that responses to non-injury crashes, service
calls not involving a crime in progress, and other non-emergency situations
should be accomplished at or below the speed limit, with regard to existing
roadway and traffic conditions.
Mandatory Report On Pursuits Fleet Accident Review
Officers should be given the opportunity to have their peers and supervisors
review the events surrounding any fleet accidents in which they are involved.
Also, they should be allowed to be present at that review and offer any
explanation of the event they think is necessary.
When preparing an accident review procedure, you should specify how the
accident is to be investigated. In some instances, it may be appropriate to
have the accident investigated by another law enforcement agency having
jurisdiction in the area. On occasion, however, it may be appropriate for your
department to conduct its own internal accident investigation. Your policy
should address the various situations, and clearly describe under which option
the investigation is to be conducted, as well as the routing of any
investigative reports for supervisory review.
In the event that not all of your department fleet accidents are reviewed
routinely by an accident review board, your policy must clearly describe the
procedure for reviewing the reports and the protocol to be followed for
convening an accident review board if deemed appropriate.
The policy should provide a framework for the members of the accident
review board to be empaneled, including membership of the panel, and inclusion
of peers, supervisor participation, and testimony from the involved officer and
an accident reconstruc-tionist, as well as the time frame for preparation of
the report, notation of any training deficiencies or employee negligence and
violations of the law.
The policy should emphasis that any disciplinary action taken as a result of
the report will be separately considered and is not the responsibility of the
board. The duty of the board is simply to determine whether or not the accident
was avoidable and if there are training or retraining implications.
Transportation Of Prisoners
The purpose of a prisoner transportation policy is to provide guidelines to
your employees when they are moving prisoners or persons in custody from one
place to another. The following are several issues that should be addressed by
such a policy.
To comply with the Americans with Disabilities Act (ADA), the policy should
explain the procedures to follow when taking into custody persons with a
physical disability.
Include the inspection of the department vehicle for possible presence of
weapons at the beginning of the shift, following the transportation of a
prisoner, and at the conclusion of the shift.
A policy on the transportation of juveniles and female prisoners should be
developed. If a prisoner of the opposite sex must be transported and no officer
of the same sex is present, require the transporting officer to contact
communications and have the name of the prisoner recorded, along with the time
the transport began and the mileage, time and location at the conclusion of the
transport.
Your prisoner transport policy should require that the safety screen be
in place and the rear seat door handles deactivated. The policy should also
cover situations when it is unavoidably necessary to transport prisoners in a
vehicle without a cage.
All prisoners should be handcuffed with the handcuffs double-locked, with their
hands behind their backs and palms facing outward. Exceptions to this are
special situations such as transporting a prisoner obviously in a state of
pregnancy, with a physical disability, or with injuries that could be
aggravated by standard handcuffing procedures; or handling one who is violently
resisting arrest or manifests mental disorder such that he poses a threat to
himself or to the public. In the latter case, other devices such as strait
jackets are required. Prisoners should never be handcuffed to any part of the
vehicle, and the procedure of hog tying prisoners by handcuffing
their arms through their legs should never be utilized because of the problem
of prisoners dying from positional asphyxia.
If any type of chemical weapon has been used on a prisoner at the time he was
taken into custody, the prisoner should be decontaminated prior to transport,
if possible, and monitored closely by the transporting officer for any signs of
illness.
Seat Belt Use
All departments should have a mandatory seat belt use policy for the protection
of the officers, the prisoners they transport, and the welfare of the general
public, as well as for the purpose of reducing worker's compensation claims and
injuries by members of your work force.
The law enforcement cop-out that safety belts prevent me from exiting my
vehicle quickly at an emergency situation is a myth that portrays safety
belts as unsafe and should not be tolerated. Officers can get in and out of a
car using the seat belt almost as quickly as those who do not.
Seat belts hold the driver in place so that he is less likely to lose
control in a minor collision or during a pursuit. In a vehicle equipped with
automatic shoulder harnesses, it is doubly important that the lap belt be
fastened because of instances where motorists wearing only the shoulder harness
have been decapitated in a crash. Even if a vehicle is equipped with air bags,
the seat belts are important to hold the driver behind the wheel and prevent
injuries in side and rear collisions.
The legal ramifications of allowing your officers to disregard the seat belt in
a police vehicle are far-reaching and generally negative. Any decision to
implement a non-mandatory seat belt policy should be made only after
consultation with the departments legal advisor.
Fuel Economy
In times of budget restraints, fuel economy is essential for efficient
operation of the department. You need to plan for those events that may require
a cutback on active patrol.
Computerized records of the fuel mileage of various vehicles will indicate
drivers whose uneconomical driving habits may make them candidates for
additional training in economical driving. Various policies, such as park, talk and walk,
as well as those
that encourage an officer to avoid excessive idling of the vehicle's engine,
are important to be in place and enforced. Even in states with a cold climate,
devices are available that will recirculate the heat from the heater core of
the vehicle and keep the interior of the vehicle warm for a period of time even
with the engine shut off.
Vehicle Purchase Policy
In many cases, your vehicle purchase policy will be dictated by a centralized
purchasing agency, which may have little or no knowledge of police vehicle
requirements.
Develop a rapport with people in the centralized purchasing agency to make them
more aware of your needs and requirements. You might even invite for a
purchasing agent to go on a ride-along with an officer to gain a fuller
appreciation of how the police vehicle is the officer's place of
business for eight or more hours a day, as well as the fact that the
exposure to high-speed driving conditions in all kinds of weather makes police
officers more likely than the general public to be exposed to a crash. The size
and weight of a vehicle is still an important factor in surviving a crash. This
fact, in addition to the need to transport prisoners, is more than ample
justification for the purchase of full-size police vehicles.
When deciding the type of vehicles to be purchased, a state police or highway
patrol may require a different type than those driven by city police. The size
of the engine will also depend on your individual needs. Certain units, such as
K-9 or SWAT teams or vehicles that must patrol country roads, may have special
requirements such as those met by vans, four-wheel drive vehicles, and station
wagons.
Despite the unfavorable collision record of motorcycles, with proper vehicle
selection and intensive training, motorcycle patrols can be extremely effective
in rapidly transporting officers through congested traffic conditions to the
scene of an emergency. They also provide an extremely low-profile way to
apprehend habitual traffic violators who have acquired the knack of spotting a
conventional cruiser, as well as a means of escorting dignitaries or leading
parades.
If unmarked vehicles are utilized in your fleet, your policy should
provide that totally unmarked vehicles driven by plainclothes officers should
never be used to stop a motorist except under extreme emergency conditions.
Likewise, they should undertake a pursuit only under the most extreme
conditions, and then should relinquish the pursuit at the earliest possible
opportunity when a marked unit is available.
When an unmarked unit stops a motorist, especially a female motorist late at
night, it may be advisable to dispatch a marked unit to the scene as soon as
possible to take over the situation.
Vehicle Specifications
You should analyze the needs of your department before preparing vehicle bid
specifications. You will want to survey departments of similar size and
demographic makeup to determine how they rate specifications for their
vehicles. You may wish to look at items such as fuel economy, acceleration, the
availability of air bags, and top-end performance.
The protocol for acceptance or nonacceptance of bids should include developing
a formula that considers not only the bid price but also the performance
capabilities of the vehicle. For example, the formula might give 100 points for
the base price, meaning the bidder with the lowest price gets 100 points in the
bidding process. Then, vehicle dynamics could account for up to 20 points,
acceleration, 30 points, braking deceleration, 10 points, top speed, 30 points,
ergonomics and capability of accommodating communications gear, 10 points, and
fuel economy by city EPA standards, 10 points.
You may want to specify certain items of equipment such as undercoating, gas
shocks, a power seat, power door locks, wiring and ignition main power, ashtray
relocation for radio equipment, cruise control, silicon radiator hoses, bumper
guards front and rear, locking gas caps with three keys, power windows, power
disconnect for the rear windows, an anti-theft system, and built-in
radio wiring in your acceptance formula.
Suspension Systems
Suspension systems in police package vehicles are conducive to fast cornering
and turning, and allow the driver to take severe bumps without interfering with
the control of the vehicle. If you do not specify a police suspension on your
vehicles, you sacrifice ease of driving, officer comfort, ability to pursue and
apprehend, and good tire wear characteristics.
Ease of Maintenance
Although a minor consideration in most instances, maintenance might cost you a
lot of money if you bid a foreign or non-standard vehicle. An inconvenience
such as an inaccessible oil filter can be an expensive proposition when you
have a fleet of several cars with the same problem.
Studies and Testing
The Michigan State Police testing program is probably the best in the nation
for testing police vehicles from every U.S. and some foreign manufacturers.
Copies of these studies are available on an annual basis from the Michigan
State Police and from the Bureau of Justice Assistance's Technology Assessment
Program.
Vehicle Equipment
The following cautions and concerns apply to the purchase of police vehicle
equipment.
Strobe Lights.
Radar.
Siren.
Color.
Cage.
Tires.
The Motorcycle as a Traffic Enforcement Tool
Motorcycle units are a specialized enforcement tool capable of many diverse
assignments. A decision to activate a specialty unit of this nature requires
long-term management commitment because the expense of such a unit and the use
of personnel is often questioned. A successful motorcycle unit requires the
assignment of qualified personnel, quality equipment and appropriate
manage-ment direction. Such a unit can contribute significantly towards
extremely effective public relations, the resolution of specific problems that
cannot be handled by a normal patrol vehicle, and additional career
opportunities for line personnel.
Goal Orientation
The motorcycle unit should not be the result of a haphazard management
decision. If you are considering a unit for a medium-to large-size law
enforcement agency, plan for an entire detachment or squad consisting of at
least six motor officers and a sergeant. Anything less is really not
cost-effective or productive. (Such assignments as DARE motorcycles will not be
included in this discussion, as this type of vehicle is used for a special
safety education assignment.)
Patrol Activities
A motor unit should be used in conjunction with accident problem areas, citizen
complaints, special emphasis patrols, or other specific assignments. As a
normal practice, the unit should not be assigned to work during the hours of
darkness. This type of unit works best when it is highly visible. Citizens see
one motorcycle in an area, and they comment to their friends and neighbors that they
have seen a motorcycle working that specific place. However, when four
motorcycles are observed working an area, the same civilians will report seeing
a dozen motorcycles stopping every violator. The motor units are so
versatile they can work traffic in all directions and have the ability to get
to the violator in congested traffic areas. Ideal work assignments for motor
units are speed and HOV (restricted commuter lane) enforcement areas, but they
can be used for almost any type of assignment. For prisoner transportation
purposes, however, consideration must be given to the proximity and
availability of conventional patrol units.
The key to patrol assignments is repetition. First, identify the problem and
problem area. Assign the motor unit to the location for a week; then return to
the problem area once or twice the following week and periodically each month
after that. The motor-ing public will associate that area with motorcycle
enforcement. The motor unit thus becomes extremely effective in solving that
specific problem. This type of enforcement must be done as a unit to be
effective.
Training
Training is a must. If your agency cannot train or have the motor officer
trained properly, do not consider a motor unit. A minimum of two weeks of
motorcycle EVOC (Emergency Vehicle Operations Course) training should be
mandatory, and a yearly recertification program is highly recommended. Without
the proper training and a commitment to officer safety, your program would be
prone to failure. The commitment is costly, but the results are worth it.
Cost
A motorcycle unit is expensive to equip and to maintain. The motorcycles need
servicing every 2,500 miles; tire changes should be required approximately
every 5,000 miles; and motorcycles are susceptible to all kinds of minor
problems. Having a local service facility and a spare motorcycle for every six
officers will eliminate down time for servicing.
Many agencies, such as the Washington State Patrol, assign each motor officer
both a motorcycle and a patrol car. This arrangement provides greater
versatility to the trooper and the department.
If you will be moving motorcycles around the state for different functions,
motorcycle trailers or other forms of transportation are recommended.
Typically, two motorcycles are transported per trailer, and the motor officers
and their gear occupy the patrol vehicle that is performing the towing
operation.
Shifts
A motorcycle unit works best on a weekday shift assignment. Traffic congestion
is heavier during the normal work week, and the versatility of the motorcycle
is at its full potential. Weekend shifts should be reserved for special events,
such as dignitary protection, holiday weekends or special events. The
motorcycle unit should avoid late-night shifts or any activity after the hours
of darkness. The decreased nighttime visibility of the police motorcycle
detracts from its effectiveness, and the added visibility restriction placed on
the operator can lead to unnecessary patrol vehicle collisions.
If the department has enough motorcycle units, consider placing your
detachments on a 4/10 work schedule to allow for reduced overtime due to court
appearances, and increased coverage during the morning and afternoon rush
hours.
Inclement weather can reduce the effectiveness of the motorcycle unit.
If the temperature drops below 35 degrees Fahrenheit, the motor officer risk
factor increases dramatically. Motorcycles, by their very nature, are a
single-track, articulated vehicle and need to lean in order to complete a turn.
Any type of contaminated surface will reduce the cornering coefficient of the
roadway enough to present a hazard to the officer. Alternative transportation
should be available to the motor officer during cold weather conditions. Rain
is generally not a problem if the proper equipment is provided to the motor
officer.
Equipment
Due to the restricted space on the motorcycle, special equipment is needed.
Typically, the side saddlebags are used for storage and the rear center box is
used for the radio equipment. An absolute necessity is a communication system
designed for the weather conditions experienced by the motorcyclist. Helmet
transmission capabilities greatly improve the officer's ability to communicate.
Each officer needs to be assigned a hand-held radar unit to assist with speed
enforcement. The unit supervisor should be provided with a portable cellular
phone. Specialized clothing, such as jackets and rain gear, will help to
protect the officer during tour of duty.
A biannual equipment inspection should be conducted to monitor the condition of
the motorcycle units. The motorcycles should be assigned on a permanent basis
to a specific officer, who should be riding the same motorcycle every day. Each
motorcycle handles a little differently, and the officer can be held
responsible for both the mechanical and cosmetic condition of the motorcycle if
the units are assigned to specific individuals.
Public Relations
Motorcycle units are an effective public relations device. They can be formed
into a motorcycle drill team, displayed at local or state fairs and at shopping
malls to assist in spreading the law enforcement message, and used as a
recruiting tool. Children love to sit on the motorcycle. Both the parents and
the children are left with a positive image of your department and its
personnel.
Personnel
Motorcycle assignment is not for everyone. Officers considered for the
assignment should have at least four years of line experience. In addition,
they should be self-motivated, mature, safety-oriented, capable of making good
decisions, and physically able to handle the assignment. The selection criteria
should not be based on riding experience, which has little merit if a good
training program is in place. An inexperienced rider will often outperform the
experienced rider at the end of the training period. Respect for the motorcycle
and the department's goals outweighs riding experience.
Concealed vs. Visible Patrol Tactics
Using unmarked patrol cars as part of any comprehensive traffic enforcement
program is a valid consideration, as well as the decision of when to apply
hidden, concealed, or highly visible patrol tactics. While some of the issues,
such as stealth, uniformity and safety seem obvious, others, such as legal,
philosophical and fiscal concerns, may be more subtle.
Marked Vehicles
Unmarked Vehicles
Additional Considerations
When comparing the marked to the unmarked vehicle, one must consider to what
degree the patrol vehicle will actually be unmarked.
Totally marked would suggest full, uniform markings, light bar, A
spotlight, door seals and official plates.
Semi-marked vehicles would be the same BUT with light bar
removedlow profile vehicles. The traditional unmarked car could be considered a vehicle with a standard police package and equipped with no light bar or markings, with varied color but official plates.
Totally unmarked vehicles are those with varying make, style and
color; no markings; and undercover plates. These have tradi-tionally been
limited to undercover, investigative, or administrative use.
Departmental philosophy, goals, and objectives should all be addressed when
considering the use of unmarked cars as well as the percentage of their
inclusion in the fleet.
The expense considerations regarding fleet selection are many. They include,
but are not limited to, purchase price, resale value, operating expense,
economy, uniformity of servicing, outfitting expense, and safety and
liability. Each individual department, considering its specific philosophy, goals, and
objectives must evaluate the pros and cons of each traffic enforcement tool and
select the vehicle that best serves its specific needs.
Concealed vs. Visible Patrol Tactics
Attractively marked police vehicles can be an important component of a
community policing or service-oriented policing effort. Through the use of
color schemes, logos and slogans, they can be used to project a professional,
or even caring, image for the police department. Many police departments have
even gone to the expense of establishing store front police
stations at various locations within their jurisdictions. Such
departments, who also park a fully marked police vehicle in a strategic
location, where it can surveil vehicular and pedestrian traffic and be seen by
motorists and pedestrians, will often find that people will stop and report
crimes or suspicious circumstances to the officer. Moreover, the more visible
police officers are as they go about their everyday duties, the more they create an impression of omnipresence and the more they are likely to slow down speeders and
deter both traffic and criminal violations. In many cases, it seems to make
little sense for an agency to go to great expense to bedeck a police vehicle
with art work and markings, and then encourage hidden enforcement tactics that
undo the deter-rent effect of the markings.
The public also sometimes tends to resent what they consider unfair tactics on
the part of the police, particularly in a jurisdiction where enforcement
efforts are more sporadic than consistent. Unmarked cruisers and
in-the-hole enforcement techniques making use of concealed or
hidden observation may leave a bad taste in the public's mouth. Even the most
solid citizen may drive down the road flashing their headlights on and off to
warn approaching motorists that a police vehicle is parked in a concealed
location. Citizens also sense a double standard when they see police vehicles
parked in the breakdown lane at night and running radar with their lights off;
they instinctively know that, in most jurisdictions, there is no traffic code
exception that legalizes such tactics.
When a law enforcement agency deviates from highly visible tactics, they may
adopt either concealed tacticsin which the vehicle is not
parked in a highly visible location but is nevertheless visible if the motorist
is sharp-eyedor hidden tactics whereby a deliberate effort is
made to conceal the police vehicle from view. Concealed or hidden tactics may
be justified when on the lookout for a wanted person or in an area where
regular, visible patrols have been ineffective in getting a particular traffic
problem under control. If unmarked cars are to be used as a regular component
of traffic enforcement, the agency should consider posting signs that advise
motorists that the police patrol with unmarked cars. The agency should also
adopt operating procedures that inform the officers how to identify themselves
when making traffic stops, and how to handle situations where the person they
are attempting to stop may doubt the identity of the officers.
Related Articles and Studies
Hardnett, Cynthia. Review of Monocolor and Bicolor Emergency Vehicle Warning
Lights. Springfield, Illinois: Illinois Department of Law Enforcement
Unpublished Report, September 1984).
Illinois Police Study Finds: Fewer Accidents, Lower Costs Without
Roof-Mounted Lights. NAFA Bulletin, (December 1984) 12-35.
Raub, Richard A. Removal of Roof-Mounted Emergency Lighting From Police Patrol
Vehicles: An Evaluation. Springfield, Illinois: Illinois Department of Law
Enforcement (Unpublished Report), November 1984.
Stoica, Ted L. Evaluation of Semi-marked Police Vehicles. Springfield,
Illinois: Illinois Department of Law Enforcement, April 1983.
Stoica, Ted L. Police Vehicles: Visabars on State Police Cars. The
Police Chief, September 1984, pp. 24-32.
Use of Aircraft in Traffic Enforcement
Fixed-wing aircraft and helicopters are increasingly being used for traffic
enforcement. Aircraft equipped with time/distance measur-ing devices are an
especially effective means of dealing with serious moving traffic violations,
especially on the interstate highway system. Helicopters are particularly
useful in monitoring pursuits and preventing the escape of pursued vehicles, as
well as hovering over and illuminating the scenes of nighttime felony traffic
stops and conducting surveillances involving drug couriers. All types of
aircraft are useful in managing congestion at highway crash scenes and special
events.
Speed Enforcement
A Bear in the Air can easily apprehend frequent and habitual
speeders who rely on radar or LIDAR detectors and citizens' band radios to
escape detection, as well as many other types of violations, such as driving
while intoxicated, improper passing, and following too closely. By timing the
progress of a vehicle between measured points marked along the highway, the
computed speed is the violator's average speed over a distance of a quarter
mile or more, whereas radar gives more of an instantaneous measurement of speed
at a given point. Thus, a driver caught by an aerial/ground team can hardly
claim that he briefly speeded only to pass another vehicle or dodge an
obstruction in the road. Statistics show that a combined air/ground team can enforce traffic laws more efficiently than ground units alone, consume less fuel, and provide increased
productivity per hour of patrol.
Controlling Public Reaction
When an agency begins using airborne enforcement, it can avoid a negative
public reaction by inviting the media to witness enforcement activities. If
careful statistics are kept on all activities to guard against claims that
expensive aircraft are primarily used to ferry dignitaries around, and if
strict guidelines are established as to who can ride in the planes and for what
purposes, complaints can be averted. Judges, key legislators, and news media
representatives should be invited to observe a routine mission for themselves.
Statistics will reveal that the typical speed of violators cited is far in
excess of what the average citizen would consider reasonable. In fact, the
aircraft will usually prove to be most effective in apprehending flagrant
violators, including those traveling at nearly triple-digit speeds. By reducing
high-speed pursuits, these apprehensions are accomplished with maximum
consideration for the safety of other road users. Finally, aircraft can be
instrumental in hunting for escaped prisoners, spotting forest fires,
delivering emergency blood supplies to distant hospitals, and marijuana
eradication activities. The press and the public need to be made aware of these
potential benefits.
Legal Authority
The mission statement of the aircraft unit should contain legal authority for
all flight operations including transportation. Most police agencies possess
the authority to conduct aerial operations when directly related to a law
enforcement function; however, they may lack authority for other operations
such as executive transportation. Many agencies are mandated to provide
security as well as transportation for governors, mayors, and other officials,
and that mandate gives them legal authority to utilize law enforce-ment
aircraft.
Organizational Structure
Most law enforcement aviation divisions are managed by command staff
officers who have aviation experience because when managing a fleet of aircraft
and crew members requires making decisions specific to aviation and federal
regulations. These decisions may be based on knowledge of requirements for
licensing, training, flight experience, aircraft maintenance, and inspection
intervals. An aviation manager must also possess the experience necessary to make
decisions regarding specific flight requests, with consider-ation given to
suitability of aircraft, runways, weather, and other related data.
Equipment Selection
The majority of law enforcement support missions can be accomp-lished with
light, fixed-wing aircraft. Such aircraft can fly at reduced air speeds safely
and efficiently for long periods of time, and are far more fuel and maintenance
efficient than rotary-wing aircraft (helicopters). Should a mission require
vertical take-off and landing or the ability to hover, then rotary-wing
aircraft are the only option. Fixed-wing aircraft are used almost exclusively
for highway enforcement activities. They are fuel efficient and far less
fatiguing on crew members than helicopters, and can be utilized for a variety
of missions including photography and transportation. Generally, high-wing
aircraft are chosen for these purposes, as the crew has an unrestricted view of
the ground when flying at low altitudes. Mission requirements will generally dictate equipment
selection; however, multi-engine turbo-prop aircraft are preferred for most short to medium-length missions. Their jet engines offer high reliability and improved take-off
performance over reciprocating engines, and their pressurized cabins and
de-icing equipment provide all-weather capability. Light, reciprocating
twin-engine aircraft are generally a poor selection for multi-person
transportation because they do not possess the above capabilities. Aircraft
selection is best accomplished through the use of industry
consultants, who can provide a wide range of data to aid in your decision
process.
Personnel Selection
Commissioned law enforcement officers tend to be effective crew members because
their missions routinely require decisions and actions consistent with accepted
law enforcement practices. It is generally more effective to train an
experienced police officer as a crew member than to train an aviation
professional to think and act as a police officer. Most law enforcement
agencies have a pool of police officers who have flight experience from which
to select crew members.
Maintenance
Aviation departments with one or two light, fixed-wing aircraft may prefer to
have their maintenance contracted by a local vendor, while those with
helicopters, turbo-props, or multiple fixed-wing aircraft will more effectively
provide their own in-house maintenance. The Alaska Division of State Troopers
is an example of an agency that requires an in-house maintenance capability.
The vast area that the troopers patrol makes the use of aircraft an everyday
necessity, and their maintenance crews are capable of tearing down a plane to
the basic airframe and completely overhauling it. All maintenance personnel
should possess the required federal licenses and receive training for each
aircraft they service, even though these may not be federal requirements. When
considering the purchase of the first aircraft, an agency should research the
ongoing costssuch as the requirement to rebuild an aircraft after a given
number of hours of operationand make sure an adequate operating budget is
requested.
Contracted Maintenance Services
Agencies with one or two light fixed-wing aircraft may wish to contract with a
vendor for maintenance. This contract should provide for 24-hour call-out,
record keeping, FAA or federal document preparation, appropriate logbook
entries, and parts procurement.
Transportation Activities
All transportation activities should be directly related to a police function
or be mandated by specific laws such as the requirement to provide
transportation for governors, to avoid criticism of misuse. While
aircraft are a necessary and efficient means of transportation, they are, at
times, viewed by the public as extrava-gant if utilized for unnecessary
transportation. All flightsmost importantly all transportation
flightsshould be recorded on an individual flight sheet with all
pertinent data such as destination, crew, flight times, and authorization.
Training
All crew members should receive scheduled flight training that includes an
initial instruction course and an annual refresher program for each aircraft
flown. Industry standards for complex aircraft crews call for full-motion
simulator training for initial courses, as well as annual refresher programs
for complex aircraft.
The complexity of the national airspace system, more critical insurance
industry standards, and increasingly complex aircraft require higher training
standards. Progressive managers realize that safety is paramount to program longevity, and
those agencies that incur accidents historically have not continued to support
aviation programs. A strong training program cannot be overemphasized.
Operations Manual
Each aircraft enforcement unit should have an operations manual detailing
conduct for all operations, from flights to aircraft maintenance. Contents
should include job descriptions, division orders, flight operations, aircraft
maintenance, health, and safety.
Operational Costs
To provide a basis for reimbursement, as well as future budget planning,
operating costs per hour should be computed for each aircraft flown. Many
agencies make their aircraft available to other governmental agencies on a
reimbursement basis, a practice which helps offset operating costs.
Exempt Operations
Federal Aviation Administration (FAA) regulations in the United States provide
for certain government aircraft to operate outside of federal requirements for
airworthiness, registration, licensing, and some maintenance standards if
declared public use aircraft. While there may appear to be
advantages in doing so, this provi-sion should be used with caution as it can
result in degradation of standards.
Insurance
Many government agencies are self-insured and do not purchase additional
insurance for their aviation operations. They may feel protected, but should
liabilities arise, generally there is no provision
to replace damaged equipment. This results in the governmental entities having
to re-appropriate funding to cover lossesfunding which is sometimes
difficult to achieve. Additional or excess insurance for equipment and
passengers, therefore, is strongly recommended.
The Police Allocation Manual
How many officers do you need for your patrol function? Most chiefs would like
to answer this question by saying, As many as I can get.
Unfortunately, with the fiscal restraints facing law enforcement today, few
chiefs are likely to be offered as many officers as they want. In fact, in
addition to being asked to justify the number of additional officers being
requested, chiefs are often being asked to account for the number they already
have. Justifying the number of officers needed for patrol is not an easy task.
Agencies serving jurisdictions with similar populations may have very different
patrol officer needs based on the geographic size of the community, community
demographics, the number and size of adjacent communities, the road network,
and the historical role of the police in the community. What chiefs need is a
formula or model that can take local circumstances into account and provide
justification for staffing levels.
Development and Use of the PAM
Recognizing the need for chiefs to justify patrol personnel needs, the
Northwestern University Traffic Institute, under contract to the National
Highway Traffic Safety Administration, has developed means for providing that
justification. The result was the develop-ment of the Police Allocation Manual
and its companion, the Police Allocation Manual User's Guide (referred to
hereafter as the Manual and the Guide, respectively, and collectively as the
PAM). There are three sets of these volumes, one each for state, county and
municipal-level law enforcement agencies.
Purpose of the Manual
PAM is designed to be used by law enforcement agencies whose mission includes
the delivery of patrol and traffic services. The Manual may be used to
determine staffing levels for a traffic division with limited patrol coverage
or for a patrol division with traffic responsibilities. The Manual is designed
to help agencies address the following questions:
Field Usage
Based on field experience, the PAM has been found to provide both immediate and
long-range benefits. The procedures in PAM provide agencies with a logical and
explicit format in which to frame requests for additional staff and/or staff
deployment. In addition, it is anticipated that the manuals will serve as
catalysts for stimulating further discussion and research in staffing and
allocation for law enforcement agencies.
The most recent version of the Manual is derived from earlier editions that
were based on a review of procedures used by law enforcement agencies
throughout the United States and Canada. The framework and rationale presented
in the Manual are the result of a distillation process that identified the
best procedures, and then modified and blended those procedures
into a comprehensive model for determining appropriate patrol staffing levels
and deployment patterns. The PAM model uses time-based procedures. The model deter-mines staffing
and allocation requirements based on the time required for four major officer
activities:
The central formula in the PAM model determines the average number of on-duty
officers required per day.
The formula is:
Avg. No. of Officers Officers Req'd + Avg No. of Reactive Patrol On-Duty Activities
(Nr) Activities (Np) Officers = Required Min. Avg No. of Min Per Day Per Hr Per Ofr for - Per Hr Per Ofr for
Self-Int. Act. (ms) Admin. Act. (ma)
Many of the procedures in the PAM model are used to determine appropriate
values for N , N , m , and m . r p s a
How To Use the Manual
The Police Allocation Manual consists of four chapters and one appendix.
Chapter 1 provides a brief introduction to the purposes and uses of the Manual.
Chapter 2 describes the PAM patrol staffing and allocation model. Chapter 3
contains eight work sheets, each with instructions, that provide a step-by-step
process for determining patrol staffing levels. Chapter 4 contains one work
sheet for determining patrol staffing allocations over several geographic areas
or time periods. Appendix A contains work sheets that can be used as
alternatives to the procedures presented in Section 5.2 in Chapter 3.
Additional information about the PAM procedures can also be found in the
companion document, the Police Allocation Manual User's Guide. The Guide
presents implementation, data definition, and data collection strategies used
by the field test agencies. Also included in the Guide is a summary of key
input values and numerical results obtained by the agencies that field tested
the Manual. The appendix materials in the Guide include a list of the input
data required to use the PAM model (Appendix A), a glossary of key terms and
notation (Appendix B), a detailed example showing all nine work sheets in
completed form (Appendix C), and derivations of all key formulas used in the
model (Appendix D).
Copies of the Manual and Guide are available from the National Highway Traffic
Safety Administration. Contact Mr. David Seiler at 202/366-4913
Performance Measures for Police Traffic Services
Assessing how well any organization is doing its job can be a difficult task.
Companies that sell products are usually assessed on their sales and profits.
For law enforcement agencies, however, there is no tangible product to sell and
no profit margin to analyze. While it is possible to track traffic accident or
crime rates, these can be affected by many things beyond the control of the
police.
Developing Quantifiable Measures
Developing the means to measure the effectiveness of law enforcement is not a
new concern; the issue can be traced to some of the earliest critical studies
of American law enforcement. Out of this background, the National Highway Traffic
Safety Administration (NHTSA) recognized the need for a
comprehensive set of quantifiable measures
covering the full spectrum of police traffic services (PTS). Prior to that
time, virtually no comprehensive work had been done in the field. Most agencies
used few if any performance measures and those in use were localized and not
validated. To meet that need, the Northwestern University Traffic Institute (TI), under
contract to the NHTSA, has developed two documents: PTS Performance Measures,
Vol. 1: User's Manual and PTS Per-formance Measures, Vol. 2: Background and
Development. These volumes contain descriptions of 12 key performance measures,
work sheets for computing them, information on the use of measures in general,
and a set of over 100 additional measures for agencies that want to do more
comprehensive measurement.
Why Measure PTS Performance?
The effective management of traffic services (or any other police function) is
directly related to the manager's ability to measure the performance of
relevant operational and support units. To do this, traffic operations have to
be compared to well-established objectives and performance levels. A
coordinated set of validated measures is needed that is part of a
comprehensive, nationally accepted management framework for PTS.
The PTS Performance Measures, Vol. 1: User's Manual is designed to provide a
set of validated goals, objectives, and measures that are clearly understood by
all users in the same way and that produce useful, reliable data for assessment
of agency traffic operations. When widely used, the Manual will make it
possible for an agency to compare its traffic performance not only internally
over time but also against that of comparable agencies.
Many benefits are accrued by the agency that is using a validated set of goals,
objectives, measures and, eventually, standards to assess its operations:
The agency will have the opportunity to begin training staff to think in terms
of evaluating their operations with quantifiable measures.
Adopting such a system will make operational data readily available.
Consequently, decisions will be made with a level of confidence that spreads
throughout the agency, similar to a fuzzy picture that is brought into focus.
With this data available, an historical record of operational programs can be
developed. This will be useful for judging trends and providing a track record
for outside evaluation if needed.
An agency with clear set of objectives, whose attainment is measured
regularly, demonstrates that it is managed effectively. Because it is able to
show where resources are applied and what is working, the agency can justify
requests for additional resources where analysis shows the need.
The User's Manual Format
The most workable format for making the 12 key measures usable by law
enforcement agencies was to place them in work sheets. A separate work sheet
was developed for each measure providing users with step-by-step instructions
for carrying out appropriate data collection and computations. The measures
work sheets form the core of PTS Performance Measures, Vol. 1: User's Manual.
Other sections of the volume include a manual overview, general guidelines for
performance measurement, background information for each key measure, and
information on how to use and present the results of measures usage.
PTS Performance Measures Vol. 2: Background and Development.
This volume is designed to serve as a companion to the PTS Per-formance
Measures, Vol. 1: User's Manual. This volume contains the full set of
PTS-related goals, objectives and measures from which the 12 key measures were
selected. It also contains a de-tailed management framework for police traffic
services that served as the basis for the development of the goals, objectives
and measures, and the historical background of PTS management. Volume 2 also
includes appendices that include an extensive bib-liography of literature
relating to PTS management and perform-ance measurement and the names of
individuals and agencies who have contributed to the development of this
project.
How To Obtain the Manual
No matter what the potential value of the materials produced by this project,
they will not be of significant use to the law enforce-ment community unless
they are widely used by law enforcement agencies. Therefore, making the law
enforcement community aware of the performance measures system and the two PTS
Performance Measures volumes is important to the project's ultimate success.
Law enforcement agencies who want to obtain copies of PTS Performance Measures,
Vol. 1: User's Manual and PTS Performance Measures, Vol. 2: Background and
Development can contact Mr. Brian Traynor of NHTSA's Office of Enforcement and
Emergency Services at (202) 366-4913.
With widespread use of the performance measure system, the law enforcement
community will, for the first time, have a tool to permit them to assess their
delivery of traffic services and to make comparisons with other similar
agencies.
Alcohol and Drugs
Alcohol and Drug Impaired Driving
Alcohol and drugs are part of virtually every culture worldwide. These cultures
have evolved over hundreds, even thousands, of years. With the use of these
potentially mind-altering substances comes also abuse. Modern societies are
mobile societies, and automotive travel is the principle means of movement. For
those empowered to ensure safety on the highways, there is an irrecon-cilable
conflict between substance abuse and safe driving.
The cost of this conflict is high, and its greatest impact is, perhaps, on
future societies. NHTSA reports that drunken driving crashes are a leading
cause of death among young people in the United States. Between 1982 and 1993,
266,291 deaths in this country were alcohol-relatedone fatality every 30
minutes. Alcohol-related crashes cost Americans 46 billion dollars a year.
Similar statistics on the effect of drugs on driving are difficult to find.
Many drug-impaired drivers are never detected or, when detected, are arrested
as alcohol-impaired only. If involved in crashes, they are not chemically
tested for drugs other than alcohol. Conservative estimates suggest that
thousands die and tens of thousands are injured annually as a result of
drug-impaired driving. In a 1988 study by the University of Tennessee Medical
Center that analyzed urine samples of crash-injured drivers, drugs other than
alcohol were detected in 40 percent of the samples.
Many drug users routinely abuse more than one drug simultaneously. This
practice, known as poly-drug use may be more common than single
drug use in certain settings. Many drug abusers drink alcohol to disguise their
use of drugs. In a study of drugged driving arrests by the Los Angeles Police
Department, 47 percent had consumed alcohol and some other drug. Poly-drug use
can produce a synergistic impairment of the user's ability to drive.
This condition is particularly deadly and is prevalent among younger
drivers. A study of 440 drivers, ages 15 to 34 years old, who were killed in
California during a two-year period detected alcohol and marijuana in one-third
of the victims. More than half had consumed a drug or drugs other than
alcohol.
To reduce the highway mortality rate from alcohol and drug impairment requires
altering culturally rooted behaviors. Behavior-al change may best be
accomplished through ongoing programs of vigorous enforcement, coupled with
ambitious education and information activities. Thus, there is a broad range of
issues involved with alcohol and drug enforcement on the highway.
Effective DWI Statutes.
The effectiveness of a DWI statute is measured by its ability to deter impaired
driving. The National Committee on Uniform Traffic Laws and Ordinances (NCUTLO)
provides a standard in its Uniform Vehicle Code (UVC) by which each
jurisdiction may measure its own statutes. Five essential components are
identified in the Uniform Vehicle Code's model DWI statute: emphasis on driving
ability, statutory blood alcohol concentration limits, compulsory chemical
testing, significant punishment upon conviction, and administrative license
suspension.
While substances affect different individuals in differing degrees, laws should
emphasize the impairment of the drivernot the type, legal or illegal, or
even the amount of the substance ingested.
The effects of alcohol consumption are well known. Although they vary with the
individuals consuming it, all persons are thought to be impaired by alcohol
when its concentration in the blood (BAC) reaches 0.08 percent. Statutes should
provide that presumptive evidence, per se, exists to suggest that a driver's
ability to operate a motor vehicle is impaired when his BAC exceeds 0.08
percent.
The law should require all drivers to submit to a chemical test, or
tests, at the option of the arresting officer, to determine the level of
alcohol and/or drugs in their blood, as a condition of holding a driver's
license. Consent to a chemical test should also be implied when a driver is
incapacitated or killed while driving a motor vehicle.
In order to deter impaired driving, the penalty must be sufficient to outweigh
the relatively low risk of apprehension. This punish-ment should include a
substantial fine, imprisonment for repeat offenders, and a lengthy license
revocation with no provision for drive to work licenses or similar
provisions that water down the effect of the license revocation. Research by
social scientists has indicated that license revocation is the most effective
deterrent to drunken driving.
In addition to motor vehicle license revocations through the court system, the
process can be speeded up through an administrative license revocation (ALR)
law where the police officer is empow-ered to seize the license of any person
who refuses to submit to a chemical test or who tests above the legal limit.
The person is issued a temporary license valid for not more than 30 days. The
motor vehicle licensing agency holds an administrative hearing and imposes a
license revocation if it finds by a preponderance of the evidence that the
person was driving with a BAC in excess of the legal limit or refused to submit
to a chemical test. Many ALR statutes also provide for license revocation for
any person under the age of 21 driving with any measurable or detectable amount
of alcohol, which the Uniform Motor Vehicle Code defines as a BAC of 0.02 or
greater. Other organizations and authorities recommend the more literal
definition of 0.00, because the drinking age is now 21 years in nearly all
states, and this age group largely represents novice drivers.
Alcohol and the Commercial Driver
The National Transportation Safety Board studied alcohol and drug involvement
in heavy truck accidents in which the drivers were killed; 33 percent of the
victims tested positive for drug abuse. These drivers had consumed alcohol,
marijuana, cocaine, over-the-counter stimulants, opiates, PCP, or a
combination. In addition to DWI, the study indicated that these drivers were
also more likely to violate other laws. They were more likely to have prior
alcohol or drug histories, were more likely to violate federal hours of service
regulations, and more likely to drive with suspended or revoked licenses.
The U.S. Department of Transportation responded to the dangers posed by DWI in
commercial vehicles through changes in the uniform Commercial Driver License
(CDL) requirements in Title 49 of the Code of Federal Regulations. 49 CFR
prohibits commer-cial operation with a BAC of 0.04 or greater. Regulations
prohibit driving within four hours of consumption of any alcoholic beverage.
DOT has instituted a mandatory drug testing program among motor carriers, who
are required to randomly drug test 50 percent of the average number of
interstate operators each year. All 50 states have incorporated the federal
regulations into their state motor vehicle laws, thereby making them
enforceable by authorized law enforcement officials at the state level.
Specialized DWI Enforcement Strategies
Enhanced DWI patrol is a general term for a variety of strategies and
techniques that dedicate manpower for DWI enforcement. This includes roving DWI
patrols and saturation patrols in a targeted geographical patrol area. The
target areas are identified by a high incidence of DWI or DWI accident rates.
Often, saturation patrols are coordinated with several agencies and
jurisdictions to multiply their effectiveness and to share resources. This is
particularly effective where booking procedures can be consolidated, or if a
particular agency possesses specialized equipment such as a Breath
Alcohol Test (BAT) Mobile. BAT Mobiles are motor homes outfitted with breath
testing instruments and serve as mobile police stations. They can be brought to
the scene in rural areas or stationed on-site at sobriety checkpoints.
The sobriety checkpoint is a highly visible enforcement mechanism. All
motorists approaching a designated area of highway are stopped and briefly
investigated for signs of intoxication. Its purpose is to maximize deterrence,
by increasing the risk percep-tion of motorists who drive while impaired by
alcohol or drugs. Evidence suggests that sobriety checkpoints can reduce the
number of alcohol-related accidents.
The legality of these checkpoints has been challenged in the courts on the
grounds they violate the Fourth Amendment prohibition against illegal search
and seizure. The U.S. Supreme Court upheld their constitutionality in 1990 in
the case of Michigan Department of State Police v. Sitz. The Supreme Court
ruled that the Fourth Amendment does not forbid the initial stop and brief
detention, without individualized suspicion, of all motorists passing through a
highway checkpoint established to detect and deter drunk driving, conducted in
conformity with guidelines on operation, site selection, and publicity. Despite
the federal ruling, certain states have since enacted legislation or
interpreted their state constitutions in such a manner as to forbid these
checkpoints.
NHTSA and the IACP Highway Safety Advisory Committee have published operational
guidelines that police administrators should consider in order to ensure that
sobriety checkpoints are legal, effective, and safe. These guidelines stress
that checkpoints should be part of an ongoing program to deter impaired
driving, should have judicial support, and should conform to department policy.
The location should be pre-selected by management based on statistics, and
there should be special warning devices, visible police authority, chemical
testing logistics, contingency planning, effective detection and investigation
techniques, operational brief-ings, comprehensive public information and public
education efforts, and post-incident critiques based on data collection and
evaluation.
Standardized Field Sobriety Testing
The Standardized Field Sobriety Test (SFST) is a battery of three tests
administered and evaluated in a standardized manner to obtain validated
indicators of impairment and establish probable cause for arrest. These tests
were developed as a result of research sponsored by the National Highway
Traffic Safety Administration (NHTSA) and conducted by the Southern California
Research Institute. A formal program of training was developed and is available through NHTSA to help police officers become more skillful at detecting DWI suspects, describing
the behavior of these suspects, and presenting effective testimony in court.
Formal administration and accreditation of the program is provided through
IACP. The three tests of the SFST are:
These tests are administered systematically and are evaluated according to measured responses of the
suspect.
HGN Testing
Divided Attention Testing
In the walk-and-turn test, the subject is directed to take nine steps,
heel-to-toe, along a straight line. After taking the steps, the suspect must
turn on one foot and return in the same manner in the opposite direction. The
examiner looks for seven indicators of impairment: if the suspect cannot keep
balance while listening to the instructions, begins before the instructions are
finished, stops while walking to regain balance, does not touch heel-to-toe,
uses arms to balance, loses balance while turning, or takes an incorrect number
of steps. NHTSA research indicates that 68 percent of individuals who exhibit
two or more indicators in the performance of the test will have a BAC of 0.10
or greater. In the one-leg stand test, the suspect is instructed to stand with one foot
approximately six inches off the ground and count aloud by thousands (One
thousand-one, one thousand-two, etc.) until told to put the foot down. The
officer times the subject for a 30 seconds. The officer looks for four
indicators of impairment, including swaying while balancing, using arms to
balance, hopping to maintain balance, and putting the foot down. NHTSA research
indicates that 65 percent of individuals who exhibit two or more such
indicators in the performance of the test will have a BAC of 0.10 of greater.
The effectiveness of SFST in court testimony and evidence depends upon the
cumulative total of impairment indicators provided by the three-test battery.
The greater the number of indicators, the more convincing the testimony.
Because SFST is administered according to national standards and is supported
by significant research, it has greater credibility than mere subjective
testimony.
Alternative Testing Methods
Sometimes, an officer will encounter a disabled driver who cannot perform the
SFST. In such cases, some other battery of tests such as counting aloud,
reciting the alphabet, or finger dexterity tests may be administered. Several
appellate court decisions have indicated that, if you administer a test that
requires the subject to respond orally in other than a routine
information-giving fashion, such as requiring them to indicate the date of
their sixth birthday, and if they are in custody at the time, you should
administer the Miranda warning first, because you are seeking information from
them that is testimonial or communicative in nature.
Roadside Checkpoints
Roadside checkpoints provide law enforcement personnel with a ready means to
monitor and check drivers' licenses, vehicle regis-trations, vehicle equipment,
and the public vehicle identification numbers (PVINs) mounted on the dashboards
of vehicles and readily visible through the windshield.
Because some courts and licensing authorities now issue restricted licenses to
offenders, roadside checks allow officers to monitor compliance with
court-ordered and statutory restrictions. Law enforcement personnel can contact
increased numbers of vehicle operators without first having to make traffic
stops. Roadside checkpoints also enable officers to conduct vehicle
registration inquiries and detect uninspected or unsafe vehicles.
A primary tool used by drug couriers to transport illegal drugs is a vehicle
registered to someone other than the operator, such as a leased vehicle.
Vehicle registration checks often thwart attempts to transport significant
quantities of illegal narcotics and cash.
The roadside checkpoint also affords us a means to quickly review vehicle
safety equipment and ensure compliance with special equipment. An officer can
determine compliance with regulations pertaining to tires, exhaust, safety
belts, mirrors, glass, lights, and related equipment. Vehicles not in
compliance can be removed from the roadways or issued citations or defective
equipment repair orders.
Site selection is an important aspect of roadside checkpoints. Sites should be
selected for their ability to provide for the safety of the public and the
police. A safe site requires adequate visibility for approaching motorists, and
ample space to park police and violators' vehicles without blocking driveways
to nearby residences or business establishments. Further examination of a
vehicle may be necessary, and allowing it to remain in the roadway can
constitute a traffic hazard. Sites should also be assessed for daylight and
night operations, taking into consideration the previous factors.
DWI Sobriety Checkpoints
DWI sobriety checkpoints are a special form of roadside safety checks. While
some states have ruled such checkpoints illegal under their state
constitutions, the majority and the U.S. Supreme Court have found checkpoints
to be legal when conducted in a manner minimally intrusive on the rights of the
traveling public.
Site Operations
Generally, roadside sobriety checkpoint locations should be determined by law
enforcement commanders or first-line super-visors, rather than being selected
on an ad hoc basis by the line officers who conduct them. To deter drinking
drivers, advance publicity of a checkpoint is advisable. Warning signs should
also be placed along the highway to notify motorists in advance, and adequate
lighting should enable the motorist to quickly spot the checkpoint and react.
The warning devices on vehicles and reflec-torized equipment worn by officers
should be deployed. Be sure that oncoming motorists are not blinded by the
lights of police cruisers or other stopped vehicles.
Provide ample room and a safe location to pull vehicles over, by officers in
full uniform and readily identifiable. Briefly greet each motorist and explain
the purpose of the stop. After a brief conver-sation and, perhaps, a check of
the driver's license, registration, inspection sticker, and equipment,
determine whether or not the driver appears to be impaired. If not, quickly
wave the motorist on his way. Motorists selected for further investigation on
the basis of articulable suspicion should be pulled off the road in a location
where additional inquiry can be conducted.
If articulable suspicion of DUI exists, a PBT (preliminary breath
testing) device can be employed. Some PBT devices are so sophisticated that
they no longer require the motorist to blow into them, but operate as
sniffers to check for the presence of volatile substances when
passed in front of the driver's nose and mouth. If alcohol or controlled
substances are detected and the driver appears impaired, administer a field
sobriety test, and place the driver under arrest, to be transported to a breath
testing site, or a Batmobile (a portable breath tester set up in a
police van).
When stopping vehicles for roadside checks, devise a system that prohibits the
constitutionally impermissible random stopping of vehicles and complies with
the provisions of the U.S. Supreme Court decision in Delaware v. Prouse. This
case can be complied with by either stopping every vehicle, so that each driver
has an equal chance of being stopped, or by stopping of every tenth or every
twentieth vehicle so that the officer does not exercise individual discretion
in deciding which vehicle is to be stopped, and all cars have an equal chance
of being selected. Compliance with these suggestions will result in a constitutionally permissible roadside inspection procedure in most jurisdictions.
Highway Drug Interdiction
Highway drug interdiction is a strategy to intercept the flow of illegal drugs
and related currency during transport along public highways. Interdiction
includes procedures as routine as observing the interiors of vehicles stopped
for traffic violations and as deliberate as developing psychological profiles
of suspects, behav-iors, and vehicles. Federal law provides for the seizure and
civil forfeiture of any assets, including vehicles connected to illegal drug
trafficking.
Operation Pipeline/Convoy
The U.S. Drug Enforcement Administration (DEA) is the coordi-nating agency for
highway drug interdiction activities. They administer Operation
Pipeline/Convoy, which provides training, accumulates seizure data, and
provides information to interested law enforcement agencies throughout the
United States. Operation Pipeline began in 1983 as a joint effort between the New Mexico State
Police and the New Jersey State Police. The program continually expanded and
now Operation Convoy has been developed to target tractor-trailer transport of
drugs. Operation Pipeline/Convoy encourages a coordinated response from law
enforcement agencies at all levels to deter the flow of drugs within the
continental United States.
The EPIC Data Base
The DEA's El Paso Intelligence Center (EPIC) maintains a data-base called State
Operation Pipeline Seizures (STOPS). It provides 5-1-14 easy access to information
relating to date, location, highway, vehicle,
occupants, destination, concealment methods, and firearms encountered in
seizure incidents. Operation Pipeline reports significant seizures of drugs and
currency to law enforcement agencies through weekly teletype messages. An
intelligence database, Zones of Drug Intelligence Activity (ZODIAC), shares
intelligence information relating to transportation of drugs and related
currency. EPIC is accessible 24 hours a day for database inquiries about
persons or vehicles that have been involved in seizures or arrests.
Training Availability
Operation Pipeline/Convoy provides training to state and local law enforcement
agencies upon request, through dedicated DEA funding. This training is provided
by DEA agents and the U.S. Department of Transportation at locations provided
by the state or local agency. The program also produces a variety of printed
reference materials for law enforcement agencies, and DEA, DOT, and EPIC
annually host a commercial vehicle drug interdiction networking conference to
promote interagency cooperation and share information. For information
regarding any DEA-sponsored program, contact your nearest DEA office.
Drug Recognition Experts
Often the behavior of suspects is abnormal for alcohol impairment alone, or
field or breath tests indicate that the suspect's BAC is lower than the level
of impairment suggests. Either of these observations is common when
encountering poly-drug users. Most jurisdictions have laws that prohibit DWI by
alcohol, drugs, or a combination.
Drug recognition experts (DREs) are officers who have been specifically trained
to recognize the effects of drug impairment. The DRE examines such suspects and
makes trained observations to determine whether to request a blood or urine
test, and to guide the laboratory technician toward general categories of drugs
to look for in analysis of the sample. The DRE's examination also provides
evidence of observable drug effects to help confirm the lab analysis.
Recognizing Drug Signatures.
DREs are trained to recognize distinguishable signatures of certain
categories of drugs, identified through five observations by the DRE: vital
signs (pulse, temperature, and blood pressure); psychophysical responses
(coordination of mind and body); signs of administration of drugs (such as
injection sites); eye responses (horizontal and vertical gaze nystagmus, eye
convergence, and pupil size under varying light intensities); and physical and
behavioral characteristics (such as muscle rigidity or flaccidity,
hyperactivity).
A DREs observations cannot substitute for the chemical test or lab analysis.
Only such analysis by qualified forensic chemists can accurately identify or
quantify a particular drug. This analysis is an important step in the
acquisition of gathering evidence in drug-related cases.
History of the DRE Concept
The DRE concept was designed and tested by members of the Los Angeles Police
Department in the 1970s, and has been practiced in that department and many
others since 1982. Reliability and validity studies were conducted by the Johns
Hopkins University Medical Center. The DRE techniques have been recognized by
NHTSA since 1984, and the IACP Highway Safety Advisory Committee developed and
has administered national standards for training and certification of DREs
since 1989. At this writing, more than 3,000 trained DREs work in more than 100
programs in nearly half the states.
NHTSA Prerequisites
NHTSA has individual, departmental, and jurisdictional prerequi-sites for
training of DREs. The trainees should already be proficient in using
standardized field sobriety testing techniques and should demonstrate a
commitment to DWI and drug enforce-ment. The sponsoring agency should make an
ongoing commit-ment to deterring impaired driving and provide the command
support to allow the DRE to function at maximum effectiveness. Finally, the
jurisdiction where the DRE will operate must have a legal and political
framework consistent with effective enforcement of drug-impaired driving
violations.
NHTSA has also established specific prerequisites as part of its DRE training
curriculum. The student must be employed or under the direct control of a
public criminal justice agency or an institution involved in providing training
services to officers of law enforcement agencies. He must achieve the learning
objectives of a two-day pre-school, demonstrate proficiency in the use of the
SFST, possess good communication skills or a demonstrated ability to testify in
court, and be willing to serve as a DRE upon completion of the training.
The department must have an active drug enforcement and DWI enforcement
program; be proactive in training officers in SFST consistent with IACP
guidelines; maintain records of individual officers' SFST activities; have
access to adequate chemical testing resources, adequate facilities, and
equipment to support the drug evaluation and classification examinations;
maintain a management information system capable of accurately tracking alcohol
and drug enforcement activities; and have the firm support and commitment of
the chief law enforcement officer and other appropriate officials.
The state or community must have laws that permit analyses of chemical samples
obtained from persons suspected of impaired driving; allow the arresting
officer to specify the type of test or tests to be given to suspected impaired
drivers (blood, breath, or urine); and specifically provide testing for drugs
other than alcohol. Local prosecutors must demonstrate a willingness to
intro-duce SFST evidence in DWI cases and to participate in the training to
become familiar with drug evaluation and classification procedures. Local
judges must demonstrate willingness to accept SFST evidence in court and to
consider DRE evidence in alcohol and drug cases. Finally, the political
leadership of the jurisdiction should express support for the DRE program.
DRE Training and Certification Process
Once the prerequisites have been met, DRE training is a three-step process.
Phase I is a two-day orientation to the techniques and procedures for
evaluating drug-impaired suspects. Phase II is seven days of instruction in
drug evaluation, physiology, effects of drugs, and legal considerations. At its
conclusion, students are required to pass a written exam. Phase III consists of
supervised field training and working with actual drug-impaired suspects. After
a student has competently performed a minimum of 12 suspect evaluations
identifying three of the seven different drug categories, he must complete a
comprehensive written examination before obtaining IACP certification.
Certified DREs must renew their certification every two years.
Recertification requires each DRE to perform a minimum of four acceptable
evaluations since the date of the last certification, successfully complete
eight hours of IACP-approved recertification training, and submit updated
documentation of DRE activity. A DRE will be decertified if he fails to
maintain standards and certification requirements, or demonstrates substantial
unethical or unprofessional behavior.
DWI Breath Testing Instruments
NHTSA annually publishes a list of breath testing instruments rigorously
examined for accuracy and approved by NHTSA for their ability to accurately
determine breath alcohol concentration, and thus blood alcohol concentration.
The department of health or other appropriate agency in each state reviews the
NHTSA list and test results, and issues a list of devices approved for use by
law enforcement agencies in that particular state.
Captured Samples
Exhaled air can be categorized into essentially three types of samples: tidal
breath air, reserve breath air, and alveolar breath air. Tidal breath air is
air exhaled in the course of normal breath-ing. It is the most shallow of the
three types. Reserve breath air is exhaled when the body is exerted. It is
produced through deeper breathing than tidal breath air, but great volumes of
air are both inhaled and exhaled with little residence in the lung. Alveolar
breath air is deep lung air. Since breath testing instruments are intended to
measure indirectly the concentration of alcohol in the blood, it is essential
for accuracy that the breath sample captured by the instrument for analysis be
representative of the air in the alveoli of the lung, because it is in the
alveoli that the 2100:1 equilibrium ratio between alcohol in the breath and
alcohol in the blood occurs.
Infrared Instruments
Infrared breath measuring instruments operate on the principle that each
chemical compound has unique infrared energy absorption characteristics.
Ethyl alcohol absorbs energy in the 3.42 micron region
of the infrared spectrum. The amount of alcohol contained in a sample can be
calculated by observing energy loss when a known energy is applied to the
sample. In the infrared devices, infrared energy is projected through a breath
sample. A photo-detector identifies a decrease in wave amplitude caused by the
absorption of energy by the alcohol. The amount of energy absorbed is equal to
the breath alcohol concentration. The greater the alcohol concentration, the
lower the wave amplitude. A computer on the instrument determines the breath
alcohol content based upon the amount of energy loss, and then applies the
2100:1 conversion ratio to provide a digital readout of the suspect's blood
alcohol content.
Because infrared instruments are based upon infrared absorption spectra, which
are chemically unique, they cannot be influenced by compound such as acetone,
which may have some chemical characteristics in common with ethyl alcohol. In
fact, some infrared instruments also provide data on the concentrations of
other compounds contained in the breath sample as well as that of alcohol.
Wet Chemical Instruments
When infrared instruments are not used, law enforcement generally uses wet
chemical instruments, which operate on the basis of color changes produced
through the chemical reaction of ethyl alcohol with chromate salts. These
devices obtain a measured volume of alveolar breath and pass that sample
through a known volume and concentration of a solution of chromate salt and
acid. Chromate salt is yellow. As it reacts with the alcohol in the breath
sample, it is chemically altered, resulting in a lighter color. The higher the
alcohol concentration, the greater the color change.
A wet chemical instrument measures the difference between the light
transmittance of a standard chromate\acid solution and the light transmittance
of a sample solution. The difference in transmittance measured is directly
proportional to the amount of alcohol in the breath sample.
Preliminary Breath Testing Instruments
PBT instruments are portable instruments for the purpose of BAC screening as
part of the pre-arrest field testing. The suspect driver blows for several
seconds through a plastic or glass tube, and the PBT provides an instantaneous
determination of blood alcohol content.
In most jurisdictions, the legal basis for the use of these instruments is
contained in the implied consent laws. While results of a PBT generally are not
admissible as evidence of DWI, they do provide officers with additional
objective information to establish probable cause for arrest and further
chemical testing. They also help to detect persons who may be suffering from an
illness or injury such as diabetes or head injury and are in need of chemical
treatment, but would otherwise be mistaken for an intoxicated person.
There are essentially three types of PBTs: electro-chemical, semi-conductor,
and disposable chemical.
In electro-chemical PBTs, alcohol in the breath is absorbed into a fuel cell
where it is oxidized, producing electrical current. The higher the alcohol
content of the breath, the greater the current output of the fuel cell. By
measuring the current produced, the instrument determines the breath alcohol
content, and the BAC conversion is displayed with the aid of a computer chip.
In semi-conductor PBTs, alcohol increases the electrical output of the
semi-conductor. By measuring the voltage output, the breath alcohol content can
be determined and the BAC conversion is displayed.
Disposable chemical PBTs are glass or plastic tubes containing a
measured amount of the chemical, which is reactive with alcohol. As the suspect
exhales through the tube, alcohol contained in the breath reacts with the
chemical contained within. The greater the breath alcohol content, the greater
the chemical reaction observed.
Non-Invasive or Passive Alcohol Sensors
Passive alcohol sensors (PAS) are instruments that detect the presence of
alcohol in normally expelled breath. They require no cooperation from the
driver. During the roadside interview of the driver and examination of
documents, the officer places the PAS within six inches of the driver's mouth.
It contains a small fan which samples the ambient air for examination. An
electro-chemical mechanism analyzes the air for the presence of alcohol.
Some instruments are concealed within a flashlight and can be used as a passive
or active detector. NHTSA studies indicate these devices are effective during
sobriety checkpoints when the decision whether or not to continue breath
testing must be made quickly.
Speed Enforcement Programs
When police administrators decide to initiate a speed enforcement program, they
must be willing to take a comprehensive look at the community or patrol area,
including its accident data, arrest statistics, criminal activity,
demographics, and geography. They should also listen to the opinions of rank
and file police officers, traffic safety experts and community leaders, and
hold frank discussions with judges, prosecutors, and those who could fund such
a program. Long regarded as a factor contributing to collisions, speed can take two forms:
exceeding the posted speed and going faster than conditions, such as heavy
traffic or poor weather, permit. Speeding has been found to be directly related
to the severity of vehicle crashes. As speed increases, the potential for
injury also increases. The speeder has less time to react to a hazard since his
vehicle is covering more distance than it would at a slower speed. Speed also
increases total stopping distance.
Higher speeds also contribute to the severity of crashes. There is a greater
chance of death and disabling injuries when speed increases. The National
Severity Crash Study did an intensive investigation of crashes from 1977 to
1979 and found that a possibility of a fatality increases dramatically as the
speed of the vehicle increases. The study showed that a driver with a change of
speed going 50 m.p.h. was twice as likely to be killed as one with a change in
speed going 40 m.p.h.
Planning the Enforcement Program
In order to plan an enforcement program, a problem must be identifiedif a
problem does not exist, there is no need for a program. Once the problem is
identified, specific goals and objectives must be established.
Basing a program on revenue enhancement should be resisted at all costs.
This approach is doomed before it starts. Eager financial analysts may quickly
see the potential for revenue to feed some government body, but that is not the
fundamental basis for any speed enforcement program.
A formal written agency policy should be adopted for speed enforcement
programs, and every aspect of it should fit the program. An important part of
any program is to have the public share the commitment to the policy. Further,
a policy without the organization's commitment to carry it out is a paper tiger
and will not accomplish any of its stated goals.
The policy should address the necessary training for implementa-tion and also
should also include a section on evaluation. Over time, this policy will need
to be further defined and changed. If no formal evaluation mechanism exists,
you will have no way to argue the success of the program or defend it against
its critics.
Role of Traffic Records Systems
Any speed enforcement program must be supported by a traffic records system to
provide a variety of statistical measures concerning speed enforcement. The
speed enforcement program will be just one component of that system, which
should be a data-driven comprehensive system for all traffic records.
The primary component of a traffic records system is a detailed crash history.
Before beginning any enforcement program, a study should be performed to
determine where, and why crashes are occurring. This information can often be
obtained from the state Department of Transportation or by review and
tabulation of crash reports submitted by officers. Once a determination has
been made as to the worst locations and the primary causes of crashes,
commanders can formulate plans for enforcement efforts.
A study of speed variance should be done on selected roadways in order to
see if a speed enforcement program is needed and, if so, on exactly which
roadways. Speed variance is the distribution of all speeds on a roadway
compared to its average speed; the larger the variance between the speeds of
vehicles using the roadway, the greater potential for collisions. As speed
increases above the average speed, there is a greater likelihood of a crash.
Another aspect in deciding the necessity of a speed enforcement program is to
compare the actual speeds to the posted speed limits. The reaction time to a
hazard is approximately three-fourths of a second; when the speed limit is
exceeded, the potential for a crash increases because a vehicle will approach a
hazard much more quickly than if the speed limit is obeyed.
Speed limits take into account a variety of factors such as geogra-phy, roadway
design, general safety, and the type of area such as school zones. When these
speed limits are compromised, then the factors which helped justify the limits
are compromised as well.
Benefits of A Program
A speed enforcement program can do more for a police department than just
controlling speeding and reducing collisions. Speed enforcement provides
probable cause to stop a vehicle. Once stopped, the occupants can be asked a
number of questions and further investigation can be conducted. Criminal
charges can result from vehicle stops that started with speeding: possession of
stolen property, unlawful flight, possession of stolen vehicles or illegal
drugs, illegal immigration, and other traffic charges such as DUI and driving
after suspension.
Public Information Aspects
Some of the problems associated with a speed enforcement program can be
reduced, although never eliminated, if a careful and deliberate public
information and education campaign is initiated before the program begins.
Contacting the media is only one way this can be accomplished. Driver education
classes and opportunities for public speaking are other ways. Publicizing the
training that the officers receive will also emphasize the program. Mall
displays and public events are additional ways to acquaint the public with the
program.
A police administrator should be prepared for negative feedback on a speed
enforcement program. There are always those who will quickly criticize a
program or bring up some scandal involving a police department and speed
enforcement. Realizing this fact, the police administrator must continue to
relate the program to concise goals.
Internal Problems
In addition to objections from the public, police officers themselves may
resist a speed enforcement program. Some officers will call speed enforcement
robot work and not relate their individual efforts to the total law
enforcement mission. These problems will be difficult to address.
Avoid setting quotas. Rotate personnel frequently. Officers can schedule speed
enforcement for limited hours in a day to reduce monotony. Another method is to
combine a speed enforcement program with a DUI enforcement program. The speed
enforcement program can be put in place during times when drunk driving is
likely to occur. This combination of programs will be varied and receive
greater support.
Cost Considerations
The cost of setting up a speed enforcement program can vary from a few hundred
dollars to tens of thousands of dollars, depending on the complexity and extent
of a program. An initial consideration is the type of detection devices that will be used to
detect speeders. In addition to the many choices and manufacturers of units,
discounts are also available for large purchases. Often police departments can
collaborate on equipment bids to get the best price.
The equipment will need technical service. If a police department does not have
staff to do this, the costs must be budgeted.
Most of the administrative costs of the program can be absorbed into the
existing staff. If your department has a weak data support system, this
shortcoming will also need to be addressed in cost considerations.
Finally, a department having difficulty implementing a speed enforcement
program because staffing may have to budget for overtime.
Expect additional court expenses when a speed enforcement program is
implemented. These are difficult to estimate; however, good training should
limit the number of challenged cases.
Speed Enforcement Grants
A police department can offset some costs for speed enforcement programs by
applying for and receiving federal funds. In 1966, the Highway Safety Act was
established under Title 23 of the U.S. Code, thereby making funds available to
each governor's highway safety representative to assist states and localities
in organizing their highway safety programs. Section 402 funds are available
for speed enforcement programs. Currently, eight areas are targeted
for safety programs. These programs often need matching funds and must
meet criteria established by NHTSA.
Two other federal sources of funds, Section 408 and Section 410, assist alcohol
traffic safety programs. As with the 402 programs, these programs also have
specific criteria that must be met to qualify for the funds.
The National Maximum Speed Limit
In 1974, the 55-mph national maximum speed limit was initiated throughout the
country by the U.S. Congress as a temporary conservation measure in response to
the oil embargo by certain oil-producing countries. Initially, traffic
fatalities were dramatically reduced; in 1975 the 55 mph speed limit was made
permanent. To qualify for federal-aid highway projects, states had to certify
that they were enforcing the 55-mph speed limit.
In 1978, Congress amended the law to require states to achieve certain levels
of compliance or risk losing up to 10 percent of their federal highway
construction funds. Originally, this compliance limit was set at 70 percent,
but was later reduced to 50 percent in 1982. The legislation required each
state to set up a monitoring program for checking compliance.
In 1987, Congress amended all the 55 mph legislation to allow states to raise
the limits to 65 mph on some interstate highways and some rural non-interstate
highways.
ISTEA Legislation
In 1991, the Intermodal Surface Transportation Efficiency Act (ISTEA) allowed
the 65 mph areas to become permanent, provided that certain criteria were met.
In addition, a formula was developed for states to determine their compliance
with the 55 mph areas. This formula included not only weighted speed
violations, but information on fatalities and serious injuries occurring on
these Nationally Monitored Speed Limit Roadways (NMSL). This legislation also
gave the Department of Transportation's secretary the authority to include
other appropriate factors in the formula. ISTEA also mandated that data be
collected on a scientifically random basis and that this collection take into
account the risk of motor vehicle accidents and the different classes of highways.
States have to submit quarterly reports on surveyed speeds, including median
speed, average speed, the 85th percentile speed, and the vehicle miles traveled
on each type of 55 mph roadway.
A word about 85th percentile speed is in order. Traffic studies have shown that
speed on a roadway resembles a bell-shaped curve. The standard deviation can be
determined by the difference between the average speed and the 85th percentile
speed. The difference contains 35 percent of the distribution.
This information is used in determining the maximum allowable amount of
noncompliance in the different highway categories:
NMSL Road Category 5 mph 10 mph 15 mph 55 mph Freeways 43% 19% 5% 65 mph
Freeways 19% 5% 1% 55 mph Non-freeways 27% 9% 2%
The states are then classified into four types and given maximum allowable
scores:
Maximum Allowable Scores
These scores are the result of the compliance formula. An adjustment is
allowed for speedometer variability, sampling vari-ability, and equipment
error.
Beginning in FY '94, states not complying with the formula were subject to the
transfer of funds as a penalty for non-compliance. Each state is required to
have a speed monitoring plan in accord-ance with the Speed Monitoring Program
Procedural Manual. This plan requires each state to have a number of speed
monitoring stations. Non-compliance is penalized by a transfer of federal
highway aid funds from highway construction projects to Section 402 funds
(highway safety projects). This transfer will be 1.5 percent of the funds
apportioned to the state, and these funds must be used for safety programs with
an emphasis on speed enforce-ment. However, if a state's fatality rate is 20
percent below the national fatality rate, this factor can be used by the
secretary to reduce the amount of transferred funds.
The IACP Position
This legislation has been the subject of debate between the states and the
federal government. The IACP and others have taken positions in opposition to
this legislation. The IACP feels that in some instances the NMSL has diverted
enforcement resources from other roads with higher death tolls and from even
greater traffic safety hazards such as the drunken driver. The IACP officially
favors a reasonable national maximum speed based on actual hazards, and favors
incentive payments to states that exceed the minimum requirements, rather than
the penalty transfer approach.
Another criticism has been that the 55 mph urban interstate limits are
unrealistic in some locations because they depend on population figures rather
than on road and traffic hazards. Various studies seeking to prove that the 55
mph limit has had a long-term positive effect on highway safety have come up
with mixed results. Given the present federal law, however, more than local considerations
are at stake whenever a police administrator considers a speed enforcement
program, because a state has much to lose by not complying with the federal law
and regulations. The administrator, therefore, must always implement speed
enforcement programs with an eye to these federal mandates.
Speed Measurement Devices
Four primary speed measurement devices are currently used by police
departments: speedometer clocks, radar, average speed computers, and LIDAR
(LIght Detection and Ranging). Two additional types used to a lesser extent are
aircraft and photo radar. Each has its own advantages and disadvantages.
Speedometer Clocks
Although often neglected in today's age of technology, speed-ometer clocks are
the least expensive method of clocking speeders and can be extremely effective.
Radar and LIDAR detectors are useless against an officer who is proficient in
speedometer clocking.
The patrol car speedometer is used to pace vehicles. The most important
component of this method is an accurate speedometer that is certified by the
factory. A speedometer can be calibrated several ways: fifth wheel attached to
the rear of the vehicle; using a stopwatch that has been certified to clock the
patrol car over a measured course; or using a dynamometer, which allows the
patrol vehicle wheels to rotate in place while the speedometer is checked
against the device for discrepancy (probably the best method and also the most
expensive).
The advantage to the dynamometer method is that it can be combined with
maintenance procedures so the patrol officer does not have to certify the
speedometer while on patrol. Using the dynamometer also allows more
administrative control.
Radar
An acronym for Radio Detection And Ranging, radar involves the
transmission of electromagnetic waves that reflect off a moving object. When
the wave is reflected, it changes frequency and is interpreted by the radar
unit in a speed calculation. This change is referred to as the Doppler effect
or Doppler shift. Radar is used in a stationary or moving mode.
Although this is the most popular technology for speed enforcement, using radar
has been extensively litigated throughout the country. Recently, police
officers and others have raised health issues concerning the risk of cancer
from using these devices. All recent evidence indicates these claims are
groundless, but litigation is still pending. Since most cancer studies involve
longitudinal research, 20 or more years may pass before scientists lay this
issue to rest.
Average Speed Computers
Mounted in the patrol car, an average speed computer is a device that uses a
programmed computer to measure speed by dividing the distance traveled by the
time it took to travel the distance. Whereas radar and LIDAR devices are
primarily used to measure maximum speed, average speed computers measure
average speed over a specified distance. Average speed computers can be used in
both a moving and stationary mode. Since it does not use electro-magnetic
waves, it is undetectable by radar detectors. The most common brand of this
technology is VASCAR. reg.
LIDAR
Laser or LIDAR (Light Detection And Ranging) has recently been adapted for law
enforcement use in speed measurement. LIDAR devices use an infrared light wave
emitted at frequencies that allow the beam to be focused into an extremely
narrow target area. The devices are usually used in the hand-held mode. They
can be used through the glass with reduced range; therefore, an open window or
exterior use is preferred.
LIDAR has become more popular with the proliferation of radar detectors.
Detection of laser beams is possible but the benefit of devices that detect the
laser beam is limited. This is due to the fact that when the device intercepts
the laser beam, this corresponds to the clocking of the vehicle with the LIDAR
device. In addition, most of these LIDAR devices are mounted inside the
vehicle, a location which reduces their ability to detect the laser beam.
The theory behind laser technology is that speed is calculated by dividing the
distance by the time of the light pulses of the laser ( S=D/T of light pulses).
Aircraft
This method of speed enforcement uses the combination of ground-based units and
a fixed wing airplane. A measured course is identified by painted lines on the
pavement. This method of enforcement is based on the formula Speed =
Distance/Time. As vehicles travel on the measured course, a stopwatch is
activated in the airplane. Once the course is completed, the speed is
calculated and, if the vehicle was speeding, the description is broadcast to
the ground units. The vehicle is pulled over and the vehicle and speed are
verified. The aircraft, typically the high-wing design that allows an
unobstructed view of the ground, can also be used for marijuana eradication
activities, emergency transport, traffic monitoring, surveillance, and other
law enforcement programs.
Photo Radar
A extension of regular radar, this technology uses photography to capture the
vehicle and license plate when the violation occurs. The date, time, and speed
can be superimposed onto the photograph. Some can also capture the image of the
operator in the picture. Photo radar can be used in manned or unmanned
applications. It is usually used in jurisdictions where specific legislation
permits its use and where vehicles have both front and rear plates.
Drone Radar
This method uses an unmanned radar station to trigger motorists' radar
detectors. The theory is that when the detector alarms sound, the drivers will
slow their vehicles down because they will not know where the police officer
is. These units can be mounted in moving vehicles, concealed in highway signs,
or installed in highway work vehicles and many other locations.
The FCC and NHTSA have regulations that must be met in order to use this method
of speed enforcement. Overuse of this method will reduce its effectiveness.
Testing Programs for Speed Measurement Devices
Each manufacturer of a speed measurement device has a method of certifying
their units. All the manufacturers' guidelines should be followed. In addition,
a technician, either employed or retained by a police department, should
certify the units at least annually because most new devices come with a
one-year certification from the factory. An annual check will help in quality
assurance of the devices. There may also be legislative requirements in
different jurisdictions which should be followed. A judicial ruling may create a
certification schedule in a given jurisdiction as well.
The IACP also has a testing program using regional testing laboratories located
in; Warrensburg, Missouri; Davis, California; East Lansing, Michigan; and
Jacksonville, Florida. This program was set up in the late 1970s after police
radar had been in existence for several years. NHTSA and the LESL (Law
Enforcement Standards Laboratory), a division of the National Institute of
Standards and Technology (NIST), entered into a cooperative agreement to
develop performance and safety standards. In 1982, the IACP began to publish
the results of this testing. Most of the manufacturers of radar units submit
units for testing and their products are listed on IACP's Consumer Products
List (CPL).
To be listed on the CPL, a manufacturer submits its new units or prototypes to
a testing laboratory. When the model passes, 200 production units must then be
submitted for Critical Performance Testing (CPT), at the manufacturer's
expense, before any units are sent to the field for actual enforcement use. In
addition, three times a year, four units off the shelf are tested at the
manufacturer's expense. If the testing reveals that insufficient units are
passing, more units will be tested. If the failure rate is too high, then the
units are recalled by the manufacturer and removed from the CPL.
If police departments do not have technicians available to test in-service
units, the IACP radar testing program can provide this service at a minimal
expense.
Safety Precautions
Department policies should specify certain safety procedures to be followed
when operating police traffic radar. The antenna should be pointed away from
the officer, and the unit turned off when not in use. A hand-held unit should
not be placed between the legs when transmitting, or in any other location
close to the body. However, the testing process to qualify for the CPL has
shown that the typical police traffic radar unit emits less radiation than
cellular telephones or hand-held portable radios.
Some police departments have gone the extra step to mount the radar antenna
outside the patrol car to avoid excessive exposure to microwave radiation
bouncing off objects in the vehicle's interior. This method is even more
popular as today's police vehicles come equipped with driver and passenger-side
air bags, thus limiting the amount of equipment that can be mounted on the
dashboard.
The recent use of LIDAR or laser devices is being studied by IACP and NIST,
with certification standards due as of this writing. The Michigan Speed Task
Force has developed standards for the use of laser in its state and maintains a
list of approved units. A Class 1 unit is recommended for safety and has the
lowest classification of risk. Since a laser unit emits light waves, a eye
safety issue has been raised. The Class 1 designation should make the unit safe
for the eyes, but certain precautions are in order. Officers should not look
directly into the aperture of the devices at a distance of closer than eight
inches for an extended period of time. Precautions such as this should be
discussed thoroughly during training.
A police department should keep both maintenance and calibration records for
all units. These files should be kept for the life of the unit.
Speed Enforcement Policy
Every police department utilizing a speed enforcement program needs written
policies and formal training guidelines. The policy should contain a statement
identifying at what levels discretionary mandatory enforcement will take place.
In some departments less a certain number of miles per hour over the posted
limit is allowed discretionary enforcement and any speed over this amount
requires a mandatory ticket. If you set such a requirement as this, recognize
that not all motorists have accurate speedometers, and the tolerance should
allow for at least normal speedometer error. Some departments allow their
officers to issue warnings at differing speeds depending on time of day and
road, traffic and weather conditions. Still other departments determine the
85th percentile speedthat is, the speed at which 85 percent or greater of
all traffic is traveling below, and set a tolerance for each roadway depending
on that figure. All policies should include a monitoring function to ensure
compliance.
A policy should include the following areas:
There also should be tickler files for the recertification of radar and LIDAR
units and formal maintenance procedures.
Officer Training
The initial officer training can be conducted by the manufacturer of the unit
to qualify officers as instructors. If a new mode or unit is being used, the
manufacturer should agree to be available for court testimony in order to
obtain case law on the unit as a valid measure of speed detection. In addition
to manufacturers' guidelines, police departments should supplement this with
their own training. NHTSA publishes a textbook entitled Basic Training Program
In Radar Speed Measurement for both instructors and trainees. Other
publications are also available to assist with instruction. It is important not
only that the device is appropriate for speed enforcement, but that officers
are qualified to use the units properly.
Purchase Guidelines
Purchasing guidelines for speed detection devices must take price, reputation,
and service into account. Government purchasing and bid laws will also
influence the purchase. All units purchased should be on the IACP Consumer
Products List. Individual needs also must be taken into account. One department may want a
padded radar dashboard unit because of safety considerations, while another
might want the unit with the top painted white to reflect heat. Each of these
concerns needs to be negotiated with the company representative.
You may also wish to contact other police departments in the area to find out
what units they are using and to determine if a larger purchase will affect the
price. Mounting considerations in the new police vehicles may also dictate the
type of unit that can be purchased. A department should try to obtain a unit or
two for a trial basis so that line officers can comment on the units that they
prefer.
Advantages and Disadvantages of Different Speed Enforcement Devices
Speedometer.
Radar.
LIDAR.
Average Speed Computers.
The disadvantage of the average speed computer is that it is permanently
mounted in the patrol car. Reaction time by the operator could affect the
determination of speed, although proper training can resolve this
problem. If any error occurs in the operation
of the unit, it should be to the benefit of the offender. Since some
jurisdictions use fixed sites, roadways may need to be marked by the highway
department.
Aircraft enforcement uses the same basic formula that average speed computers
use, but the measurement is usually accomplished by a certified stopwatch or a
computer. The main advantage to this method is that it is very difficult to
detect. Research by the Maine State Police has indicated that the actual
productivity of combined ground/air enforcement exceeds those of ground
enforcement units alone, and that aircraft enforcement is actually a very
efficient means of apprehending violators.
In addition to the extra manpower required on the ground, aircraft enforcement
has other disadvantages. The roadways must be marked and the area must also be
free of any obstructions so as not to interfere with the identification of any
suspected violator.
A police department will probably not purchase an aircraft solely for the
purpose of apprehending speeders. The initial cost to pur-chase and then
maintain an aircraft are expensiveone of the main disadvantages of using
aircraft. More likely, traffic enforcement is one of many duties for which an
aircraft will be used. Traffic enforcement is only one facet of the total
mission for an aircraft.
Finally, this method requires additional officers for court testimony. Some
agencies will attempt to limit the necessity to have aircraft crews testify in
court by having officers from the ground accompany the pilot so they can
testify when the case comes to court.
Photo Radar.
Collision Investigation
Too often today, police agencies fail to investigate traffic collisions because
of a lack of personnel and a shift in priorities. When this happens, we fail to
protect and serve as we should.
Purposes of Investigating and Reporting Collisions
Ideally, a collision should be both investigated and reported. Police
administrators must be mindful of the purposes of investigating and reporting.
The ultimate purpose is to make our roads and highways safe. More immediate
purposes are to combat criminal activity, promote safety, and ensure just
results in civil litigation.
Detecting At-Fault Drivers
Although investigation frequently reveals who is
primarily responsible for the collision, sometimes technical reconstruction is
required. The at-fault driver can be charged with the violation(s) that caused
the crash and, if convict-ed, can be punished or given remedial driver
training. If the number of previous violations is sufficient for suspension of
the driver's license, the individual can be taken off the road. If every
collision is not investigated as a matter of policy, many individuals who
should be charged will slip by and may become involved in other, possibly
fatal, crashes.
Detecting Incompetent Drivers
A crash may be caused by a driver's physical or
mental deterioration through illness or age. The investigator can request
retesting to determine if that individual can still drive safely, if
restrictions should be imposed on him, or if his driving privilege should be
suspended or revoked. In the absence of an investigation, such a driver would
continue to be a highway menace.
Apprehending Criminals
Finally, the crash vehicle may be stolen or being
used for an unlawful purposetransporting drugs or even abducting a kidnap
victim. If the crash is not investigated, the stolen vehicle or contraband
might never be recovered nor the abducted person rescued. The driver may be
evading arrest or recapture. If injured in the crash, the driver may be unable
to flee and can be apprehended by the officer arriving at the scene. Without an
investigation, these criminal acts might not be discovered and penalized,
thereby causing the deterrent value of our laws to be eroded and making
enforcement more difficult.
Motor Vehicle Homicides
Vehicles have been used to cover up or carry out a
homicide. A body lying on the road and showing signs of having been run over by
a vehicle may look like an ordinary hit-and-run, when actually the victim was
murdered earlier in some other location by some other means. A driver found at
the bottom of a gorge pinned behind the steering wheel may appear to have
fallen asleep and driven off the roadway, whereas he was really bludgeoned
unconscious, buckled loosely into place behind the wheel, the accelerator pedal
jammed in open throttle position and the selector lever pulled into DRIVE to
send the vehicle over the brink. To the unpracticed eye, the injuries from the
beating might be mistaken for those received from the impact of the vehicle
with the bottom of the gorge. The victim's death may have resulted not from the
previous blows but from internal injuries at impact. Unless such so-called
accidents are thoroughly and critically investigated, sometimes
with the help of a forensic pathologist, the foul play might not be discovered,
and the perpetrators might get away with their crime.
Uninsured and Unlicensed Drivers
The above purposes of collision investigation
are the most familiar to the public. Such cases are highlighted regularly on
television and in the newspapers. Yet, other purposes that may not receive any
publicity are essential to traffic enforcement and contribute toward making our
roads safer. An investigation may reveal that the driver has no liability
insurance coverage or a valid license. A victim suffering property loss,
injury, or death of a family member may find it costly,
difficult, or impossible to receive compensation, without the findings of
a collision investigation.
Defective Equipment
Equipment problems also cause collisions. The crash
vehicle may be uninspected and have a leaky exhaust system or worn brake
linings or pads. It may not meet the design and equipment standards mandated by
law. This is especially important for heavy commercial vehicles, whose greater
size and weight make them especially formidable in a crash; or for a taxi or
bus, whose deficiencies can expose many riders to injuries or even death.
Without an investigation, such vehicles might not be taken off the road.
Vehicle Design Defects
Investigations may uncover problems in the design of
the vehicle or equipment. It may be prone to roll overs, have its fuel tank
located where it is particularly vulnerable, or come equipped with tires
susceptible to failure when underinflated. With no policy requiring the
investigation of every collision, such findings might never come to light or be
recorded; inherently dangerous designs would never be corrected. When the
reports and the statistics do not support the charges, a record of the
investigations of all crashes gives manufacturers a means to defend against
wrongful accusations of faulty product design.
Roadway Defects
An investigation can reveal problems with the roadway design
or conditions, or with traffic control devices. Such problems may have
contributed to similar accidents in the past and continue, unless reported to
the Department of Transportation. How many times have drivers skidded off a wet
pavement while negotiating an incorrectly banked curve, or sideswiped a car
when attempting a last-second lane change on a highway with confusing or
awkwardly placed turn arrows, or an exit sign hidden by an overgrown shrub?
Insurance Settlements. Unrelated to safety but important to those affected, an
investigation can provide a means for civil litigation to help the aggrieved
parties recover just compensation, and establish a basis for insurance
companies to determine payments for property damage, personal injury, medical
expenses, and disability. A perceptive, well-trained officer will detect crashes that
have been staged to bilk insurance companiesa crime now of such
proportions that it adds substantially to the cost of insurance for every
motorist. If law enforcement settles for a filed report based solely on a
telephone conversation between the desk sergeant and the driver, insurance
fraud will flourish.
Collision Reporting
A collision should be properly investigated by a qualified officer; it is also
important to file a standard accident report for every collision. These reports
allow the federal and state governments and law enforcement agencies to compile
statistics to assess objectively the effectiveness of police traffic
enforcement. The concept of selective traffic law enforcement rests on data
that shows the violations that actually cause serious crashes, and the
locations and times when they are most likely to occur. These statistics also
help the police gauge the level of enforcement within each area of their
jurisdictions, beef up high collision areas, and move units from one location
to another as required. Insurance companies use these statistics to sort
collisions by sex, age, location and demographics, to aid in setting rates.
Levels of Investigation
The severity and circumstances of a collision will determine the proper level
of investigation. In their order of complexity, the levels are usually called
at-scene investigation, advanced (techni-cal) investigation, and
reconstruction.
At-Scene Investigation
Basic to any collision is an at-scene investigation.
Ideally, the first responding officer will conduct this and file a standard
accident report. Certain evidence, such as incipient skid marks or temporary
view obstructions (a vehicle parked on the shoulder at the time of the crash),
tend to be short-lived. The sooner they are recorded, the better. But the
officer's first task is to make the collision scene safe and prevent a second
accident. Traffic must be immediately redirected by means of cones and flares.
Next, the officer must care for the injured, summoning a rescue unit if needed,
and then observe and record facts pertaining to the collision. These include
all measurements, such as the length of tire marks and the final rest positions
of collision vehicles and bodies from permanent reference points; the drag
factor of the roadway surface; view obstructions; the condition of the
collision vehicles, including lamps and tires; the condition of the roadway,
traffic signs and signals; and the weather and environmental conditions
(daylight or nighttime). A field sketch should be made to show the direction of
travel of the vehicles and the location of all relevant objects.
To document damage, the officer should photograph the vehicles and the
collision scene, and permit measurements to be made from the photos if
necessary. Photos are particularly persuasive in court. Finally, the officer
should check all drivers for indications of intoxication or other impairment,
interview all drivers and witnesses, and record their addresses and telephone
numbers.
The at-scene investigation is concerned primarily with data gathering and
recording. It may also involve some interpretation of the collected data. For
example, from the skid mark measurements and the drag factor, the officer can
calculate the minimum speed of the vehicle at the beginning of the skid.
Ideally, every officer should be qualified to conduct an at-scene
investigation. An officer can become qualified by attending and successfully
completing a state-approved course. Such courses generally consist of classroom
and hands-on training of 40 to 80 hours. They may be conducted by a municipal
police department, a county sheriff's office, the state highway patrol or state
police, a POST council, or by a private law enforcement training organization
or institute.
Application of Technology to At-Scene Investigation
The Washington State Patrol and other agencies have discovered that the use of
LIDAR devices in their distance measurement mode can save considerable time at crash scenes,
provide more accurate measurements, clear the roadway and restore the traffic
flow in a speedier fashion, and return the investigating officer to patrol
duties. Using LIDAR for crash measurements requires the proper training of the officers
who will use it; in addition, laser targets must be developed, carried in the
patrol vehicle, and deployed at locations where the point of object to be
measured from does not present an adequate target for the LIDAR device.
Advanced (Technical) Investigation
Whereas an at-scene investigation should be
conducted for every collision, an advanced investigation is undertaken only for
serious collisions. Its purpose is to collect additional data for determining
charges to be brought against one or more of the individuals involved, or for
litigation reasons, or for laying the foundation for the next level of
investigation, reconstruction.
Unlike the at-scene investigation, which is initiated immediately or as soon as
practicable after the collision, the advanced investigation may take place at a
later time. Data, including that from the at-scene investigation, will be
interpreted as well as collected. Since much of the evidence at the scene may
already have disappeared, the advanced investigation may depend heavily on the
completeness and accuracy of the data recorded in the at-scene investigation.
The advanced investigation may be conducted by the same officer who conducted
the at-scene investigation. He is expected to
determine the drag factor of the skid surface(s) and the minimum initial speed
of each vehicle (unless already caluculated in the at-scene investigation);
determine time-distance relationships and solve momentum problems
match marks on the roadway with the parts on the vehicle causing this damage to
determine the point of impact; determine what is impact damage to the vehicle and
what is contact damage; match the damaged areas of the vehicles to determine the
principal direction of force (PDOF); correlate injuries with the parts of the vehicle
impacted by the occupants (occupant kinematics);
determine if headlamps and other lamps were ON or OFF at impact;
determine if any fire damage occurred before or after impact;
determine if a mechanical or electrical failure contributed to the accident
(this may require the help of a specialist); and
prepare a scale drawing of the scene from measurements and notes made at the
scene or, if necessary, from photos (photogrammetry).
Officers can receive advanced investigation training by successfully completing
a state-approved course at this level. The length of this training is up to 80
hours, and includes classroom instruction and hands-on activities. A
prerequisite is usually the completion of a basic collision investigation
course, such as at-scene investigation, or several years' practical experience
in at-scene investigation.
Collision Reconstruction
Reconstruction is the highest of the three major
levels of investigation, and is usually undertaken only in support of
litigation or research. Its main purpose is to determine how the collision
occurred. It deals primarily with direct and immediate causes of the crash.
These frequently entail behavioral errors on the part of the drivers. The
findings are mostly objective, supported by the facts uncovered or determined
by investigation at any of the three levels. The purpose may be extended to
attempt a determination of why the collision happened (called cause
analysis and sometimes regarded as a separate and even higher level of
investigation). This phase looks at all the circumstances of the crash
in order to identify the probable and possible
contributing factors. The findings are to some extent speculative. Take, for
example, a case where two vehicles crash head-on. The direct cause is that one
vehicle suddenly crossed the center line and encroached on the opposite travel
lane, placing this vehicle in the path of an on-coming vehicle. The probable
indirect cause may be that the driver of the encroaching vehicle fell asleep,
inasmuch as the collision occurred at 3:00 a.m., and the driver had been
driving continuously since the previous noon.
Reconstruction expands on all the principles of at-scene and advanced
investigation. In addition, it includes impulse, or the force exerted by each
vehicle upon the other, and energy loss through crush, or the extent of
deformation of the vehicle caused by the impulse. It may involve experiments to
ascertain performance and other capabilities of the vehicle, or to determine
driver and pedestrian behavior. Reconstruction entails assembling all the
technical data required to build a case for court.
Among the duties of the reconstructionist are the following:
cooperating closely with the attorney, if litigation is involved; interpreting
photos, information contained in field notes, and all other recorded data from
the at-scene and advanced investigations;
matching paint, glass and vehicle parts found at the scene to the vehicle being
sought after its driver fled;
determining the driver of each vehicle;
determining occupant movement (occupant kinematics) and how injuries were
received; checking all calculations made previously and perform any additional
calculations required; reaching conclusions as to how the collision occurred;
being able to prove the conclusions or offer persuasive evidence in
support of them; and preparing scale diagrams of the scene, vehicle and body positions,
time-distance relationships, and momentum vectors as needed for the courtroom
presentation.
Although a reconstructionist usually has greater depth of knowledge and
broader experience than an investigator qualified only in at-scene or advanced
investigations, and can make more inferences from existing data, he is very
dependent on the thoroughness and quality of the investigations conducted at
the scene, and may have to work largely with the evidence that has been
preserved and recorded earlier.
Officers can receive training in reconstruction by attending a state-approved
course of up to 80 hours in length. Such a course combines classroom
instruction with hands-on activities. The pre-requisite is usually successful
completion of a state-approved course in advanced (technical) investigation.
Use of Statistical Databases
Computers make it easy to gather many facts into a database. Today, highway
safety databases are available to government, law enforcement agencies,
insurance companies, or any interested party. Their scope ranges from highly
specialized to very broad. Several are compiled by the National Center for
Statistics and Analysis (NCSA) operated by the National Highway Traffic Safety
Administration (NHTSA).
NHTSA's Fatal Accident Reporting System (FARS), established in 1975, collects
and tabulates data on fatal accidents from all 50 states, the District of
Columbia, and Puerto Rico. NHTSA contracts with each state government to
provide information on fatal crashes within the state. Using a standard format,
analysts input data directly into NHTSA's central data file by microcomputer
and modem. Each crash report has 90 coded elements that are reported on three
forms:
Although FARS is focused strictly on fatalities, its data may be used in
evaluations pertaining to a wide range of issues, among them, legal drinking
age legislation, motorcycle helmet legislation, repeat offenders, restraint
use, 65 mph speed limit, safety design of cars and light trucks, and safety of
large trucks on the highway.
NHTSA's General Estimates System (GES), was established in 1988 to
identify highway safety problem areas, provide a basis for regulatory and
consumer initiatives, and form the basis for the cost/benefit analyses of
highway safety programs. It covers approximately 45,000 crashes per year of all
severities, from property damage through fatals, reported on roads throughout
the United States, and involving all types of vehicles. Coders contract-ed to
NHTSA enter the data directly from a sampling of police collision reports.
The Federal Highway Administration (FHWA) also operates a number of database
systems, especially those dealing with commer-cial vehicles.
Selective Enforcement Programs
Among the police traffic safety programs shaped by conclusions drawn from
statistical databases, Selective Traffic Enforcement (STEP) probably has the
widest recognition. This program addresses the kinds of traffic violations that
are major causes of collisions, and concentrates enforcement at those locations
where most of these violations and resulting collisions occur, at the times of
day and days of the week when their incidence is the highest. With the limited
resources available to law enforcement, the program attempts to maximize the
productive use of officer time to achieve a meaningful reduction in fatalities,
injuries and property damage. The STEP program relies on the
existence of an effective traffic records
system. The system should be uniform within the state so that the data is
recorded uniformly and facilitates proper analysis. Data from collisions should
be analyzed as well as data from citations issued and reports generated by
traffic officers. A data-base provides an objective guide to designing the
program. It indicates where a problem actually lies, not where somebody thinks
it lies. A program not matched to the problems pointed out by data will miss
the mark, and can never bring good results.
In establishing an STLE program, an agency should appoint an effective
manager. He should adopt practical measures that address the problems
identified by the data, assign the required number of officers to each
identified high collision-frequency location, and provide them with proper
equipment. The agency should continue to collect data after implementation of
the program, and use the resulting updated database when evaluating the
program. Regular evaluation is essential to keep abreast of changes in
violation and collision patterns, to discard a program revealed to be
ineffective, and to introduce modifications to further improve an already
effective program.
Liaison of Law Enforcement with Traffic Engineering and Roadway Maintenance
Although the police can control the drivers and vehicles on the roadways
through enforcement and thereby make the roadways safer, they cannot directly
remedy unsafe roadway design and markings or perform needed roadway
repairsfunctions that are also basic to roadway safety. They are
nevertheless in a position to observe and discover these unsafe conditions, and
report them to the local Department of Transportation, or whatever government
office is responsible for traffic engineering and trafficway maintenance.
Certain collision data contained on the standard collision report form used
statewide by all law enforcement agenciesnumber and types of vehicles
involved, location, time of day, day of week, and violation(s) causing the
collisionare reported to the state. The state tabulates and analyzes this
information and, if the referral procedure is working, informs the Department
of Transportation of any problems in their jurisdiction. If correcting the
problem is complex or would involve a major change, the DOT may first initiate
an engineering study to determine if correction is feasible and how best to
carry it out. Since the referral procedure sometimes gets bogged down, the
police agency that has observed an unsafe trafficway condition, or reported a
collision in which an unsafe trafficway condition was a contributory cause, should contact the
local DOT office directly by telephone or memo. The effectiveness of this
informal referral system depends on the dedication of both the reporting police
agency and the local DOT office, and on the degree of rapport that exists
between them. For law enforcement officers the lesson here, as in many other
aspects of police work, is that law enforcement cannot accomplish every
objective on its own. Good liaison and good relations with other organizations
are essential.
Through the cooperative efforts of the groups specializing in each of the areas
discussed in this chapter, our highways will be made safer.
Commercial Vehicle Safety
Commercial vehicle safety became a national priority only a few years ago.
Before that, state and provincial authorities developed safety programs
independently. The resulting welter of conflicting requirements created
confusion for commercial vehicle operators, and an uneven effect upon highway
safety.
Background
Federal Motor Carrier Safety Regulations: In 1986, the U.S. Department of
Transportation's Federal Highway Administration (FHWA) responded to the
proliferation of state programs by adopt-ing the Commercial Motor Vehicle
Safety Act. This act defined new national standards for commercial drivers, the
equipment and maintenance of vehicles, and the fitness of operating companies.
These standards are now incorporated in the Code of Federal Regulations (CFR),
Title 49. FHWA policy encourages states to enforce uniformly these regulations for both
interstate and intrastate drivers and carriers. Federal regulations tend to
focus on interstate transportation, whereas intrastate regulation becomes
largely a state and local responsibility. Safety considerations dictate
consistent application of commercial enforcement and inspection efforts in both
realms.
Motor Carrier Safety Assistance Program: The FHWA also administers the Motor
Carrier Safety Assistance Program (MCSAP), which provides grant funding to
states seeking to enhance their commercial enforcement efforts, particularly
those addressed to the safe movement of hazardous materials. A practical impact
of MCSAP grants is significant expansion of on-highway truck inspections.
The awarding of MCSAP funds hinges on state submission of detailed state
enforcement plans (SEPs), which must permit the state to adopt and consistently
enforce federal commercial vehicle regulations or equivalent state rules;
maintain state and local spending for commercial vehicle safety programs at
levels existing prior to receipt of the grants; and emphasize enforcement of
state and local laws related to commercial vehicle operation.
The Commercial Vehicle Safety Alliance: Several states recognized the urgency
of devising uniform commercial vehicle inspection procedures, and in October
1980, they formed the Commercial Vehicle Safety Alliance (CVSA). This
organization grew rapidly and now numbers 49 states, 10 Canadian provinces,
Mexico, two U.S. territories, and the commercial vehicle industry. The alliance
seeks enforcement and inspection compatibility between jurisdictions, which
permits reciprocal acceptance of inspections performed by member
jurisdictions. A vehicle subjected to roadside inspection in one state is issued a CVSA
windshield decal, which is recognized by the other states for 90 days, thus
avoiding unnecessary and repetitive inspections.
Because CVSA has become the major arbiter of commercial vehicle inspection
procedures throughout North America, the FHWA and other national organizations
accept and recommend the use of CVSA Standards.
SAFETYNET: SAFETYNET is the information arm of MCSAP. This automated network
accepts safety data collected through MCSAP by participating states, and makes
it available to other participating jurisdictions.
Federal Motor Carrier Safety Regulations
Federal regulations deal with commercial (truck and bus) drivers, operating
companies, and vehicles. Drivers were brought under the umbrella of the federally required but
state-issued commercial driver's license (CDL). A CDL requires advanced levels
of knowledge and operating skill. Bus and truck drivers must demonstrate
behind-the-wheel capability in the types of vehicles they seek to operate.
Specific license endorse-ments are required to haul hazardous materials or to
drive passen-ger transport vehicles, double/triple trailers, or tank
vehicles. The written knowledge exam for a CDL tests not only the fundamental areas of
driving rules and safety considerations but also an understanding of air brake
systems, hazardous materials, and pre-trip inspection procedures.
Drivers may hold only a single CDL issued by their home states, thus ending the
formerly common practice of obtaining multiple licenses to circumvent license
suspensions or revocations in a particular jurisdiction. CDL information is
centralized in the Commercial Driver's License Information System (CDLIS),
which is accessible to state motor vehicle licensing agencies. Applicants for a
commercial license can be routinely checked through CDLIS. Federal standards
also define circumstances that can lead to revocation of the CDL.
Carriers are subject to federal on-site review of vehicle inspection and
maintenance procedures and records, driver qualifications and hours of service
compliance, accident histories and related subjects. Carriers receive a
safety fitness ratingcertain aspects of the company's
operating authority can be terminated for carriers judged unsatisfactory. Some
states maintain similar or more restrictive statewide inspection and rating
systems, which generally reach more carriers more often than the federal
system. Carrier evaluations form an essential element of an overall commercial
vehicle safety program.
Police officers who are unfamiliar with commercial vehicle enforcement
frequently find it difficult to recognize who is the motor carrier when
stopping a truck on the highway. In some cases involving an owner/operator, the
driver and the carrier may be one and the same. In other cases, the carrier may
be a third party other than either the driver or the owner of the vehicle. The motor carrier
will generally be licensed with an ICC (Interstate Commerce Commission) or the
U.S. DOT identification number conspicuously displayed on the outside of the
vehicle. Vehicles must conform to federal requirements for equipment, markings,
placarding, and operating condition. State requirements sometimes are more
stringent than the federal ones. Most commercial vehicle inspections are
conducted by state authorities, whether on-highway or in-terminal.
Commercial Vehicle Enforcement Programs
Effective commercial vehicle enforcement programs include three major elements:
Road patrol officers need no additional training to enforce truck moving
violations such as speeding and unsafe lane changes. But for officers making
even cursory checks of commercial vehicle equipment, maintenance and loading,
special knowledge is essen-tial, along with instruction in assessing the
validity of truck registrations.
On-highway enforcement historically is complicated by trucker reliance on CB
radios and other communications techniques to thwart patrol officers.
Counter-strategies have sprung up. One of the more effective is police use of
specially marked vehicles (patrol cars of different makes, models, colors, and
markings) not readily identifiable as patrol cars. Some states employ
completely unmarked vehicles, an equally helpful tool. Truckers who try to
bypass weigh stations and safety checkpoints can be counteracted by additional
patrol units on parallel routes, or chase cars.
The growing use of commercial vehicles to transport illegal drugs emphasizes
the possibility that a traffic stop may harbor the
potential for a major drug seizure. How to recognize that potential, and
how to proceed in a fashion that does not jeopardize subsequent prosecution,
requires special training in commercial vehicle drug interdiction techniques.
Commercial Vehicle Inspections
Many states have standardized their commercial vehicle safety checks of trucks
and buses, utilizing the CVSA standards. Under CVSA, there are five levels of
inspection. Level I, the most thorough inspection, includes both vehicle and
driver and requires approximately 42-48 minutes without placing the vehicle out
of service. Trucks and buses that pass receive a CVSA decal, valid for 90 days.
During that period, member jurisdictions typically waive repeat inspections,
concentrating instead on vehicles without decals. This in-depth inspection is
called the North American Uniform Driver/Vehicle Inspection Program (NUDVIP),
also labeled North American Standard, or NAS.
Other levels of inspection are less pervasive and require less time, except
Level V, the in-terminal inspection of a vehicle, which can be as detailed as
NUDVIP and result in the issuance of a certificate.
The driver of a vehicle bearing a valid CVSA sticker might be subject to a
driver only inspection that, among other procedures, checks his
license, log book, safety belt use, driver sobriety, and the vehicle checklist
completed by the driver.
A program of complete commercial vehicle safety must include size and weight
limits, vehicle equipment, compliance with permit and federal motor carrier
regulations requirements, towing, load and securement, and special vehicles,
such as school buses, if applicable, and farm labor vehicles.
A comprehensive program reaches commercial vehicles in several possible
locations to ensure reasonably thorough coverage, and
contacts carriers via terminal inspections. Vehicles are typically
inspected and weighed at major scale/inspection facilities, and by roving
commercial vehicle enforcement officers. Other facilities may include platform
scales, pit scales, and multiple sites.
Terminal inspectors check driver timekeeping records and hours of service,
maintenance procedures and vehicle condition, compli-ance with hazardous
materials regulations, and safety practices of passenger stage carriers and
hazardous materials transporters. Everyone involved in the inspection process,
from uniform police officers to
civilian inspectors, must have completed the training pertinent to their
assignments.
Some state agencies maintain computerized information on carriers and shippers,
collating vehicle inspection data, accident and hazardous material histories,
incident histories, on-highway enforcement information, and terminal inspection
findings in one central database. SafetyNet, the FHWA database, attempts a
similar national approach, utilizing information made available from the
states. Driver and Vehicle Exam Reports that reflect the North American
Standards of FHWA and the out-of-service criteria of the CVSA form the base for
the federal SafetyNet information system.
Data Collection From Commercial Vehicle Citations
Various data are used as part of a national strategy to focus inspections on
audits of commercial motor carriers. Crash statistics and information, as well
as complaints, are collected to identify those carriers in most need of
attention. The Congress has mandated that the Federal Highway Administration
collect citation data from state and local law enforcement agencies to be
included in this decision-making process.
State-level police agencies are being asked to report moving violations to the
FHWA and to collect this information from county and local agencies as well. A
major concern of state police agencies is how to modify citation forms to
include the U.S. DOT number, or some other carrier identification, since this
data needs to be tracked to the motor carrier rather than to the individual
driver. Another issue is how to transmit the data to FHWA.
Pilot projects were set up in several states to measure the effectiveness of
this data in triggering terminal audits of motor carriers to uncover safety
violations, as well as to determine the technical and administrative problems
involved in capturing the data.
Hazardous Materials Transportation Enforcement
The U.S. Department of Transportation estimates that four billion tons of
regulated hazardous materials move annually in America, much of it on highways.
That huge and growing volume increases a chance that an accident or incident
will release a harmful product, requiring a specialized response.
Federal emphasis on the safety of hazardous materials trans-portation, echoed
strongly by the states, seeks to prevent spills and the crashes that can result
in spills, and to increase state and local capability to handle spills with the
least adverse consequences for people and property.
In 1986, the Office of Technology Assessment compiled a bell-wether report on
hazardous materials movement in America and concluded that most hazardous
products are transported without incident, yet the potential remains for
catastrophe. Singled out as a foremost problem were people who are poorly
trained, who don't coordinate well, or who fail to communicate thoroughly.
For police and fire departmentsthe first responders to a hazard-ous
materials incidentthe most uncomfortable statistic was that only one in
four uniformed personnel had received adequate train-ing to deal with a
hazardous material spill.
Today, that percentage has increased, but training remains a cardinal issue for
law enforcement, particularly police traffic agencies, whose personnel
invariably will be the first arrivers at any highway incident.
Federal Regulations
Title 49 of the Code of Federal Regulations contains the general requirements
for hazardous material transportation in America. It classifies and defines
hazardous materials; lists packaging requirements including design, testing,
and labeling; describes vehicle loading, marking, and placarding requirements;
explains shipping papers; lists necessary emergency response information; lays
out employee training specifications; and addresses driving, parking, and route
selection rules, with special reference to the movement of radioactive
materials. The federal Research and Special Products Administration (RSPA) has also
produced guides describing procedures for inspecting shipments of hazardous
materials, radioactive materials, and spent nuclear fuel, as well as cargo
tanks. Some states have built upon these federal regulations by developing in
more detail such elements as safe routes and stopping places, and handling of
specific materials like explosives and radioactive substances.
Further federal transport requirements were formalized in the Hazardous
Materials Transportation Uniform Safety Act (HMTUSA) of 1990. This act, which
describes the urgency of developing a national program to promote public health
and welfare, began to untangle the web of conflicting state and local
requirements essentially by pre-empting them, and calls once more for
far-reaching training of first responders.
An alliance for uniform hazardous material transportation proce-dures, made up
of 28 state and local government officials, has been charged by HMTUSA to
develop guidelines that state and local jurisdictions can use for registering
and issuing permits to hazardous materials carriers.
The alliance was formed to present recommendations to the DOT for inclusion in
future federal regulations. State registration and permit programs may be
pre-empted unless they conform to these regulations.
To test its recommendations, the alliance developed a pilot
state registration program which incorporated a base state process
for the registration of hazardous materials carriers.
Cooperative Hazardous Materials Enforcement Development (COHMED)
COHMED is a joint federal-state-local-private sector effort to promote uniform
enforcement of hazardous materials transporta-tion regulations. The
organization is administered by state enforce-ment officials, and parallels the
CVSA in its intent to bring uniformity to the specialized area of hazardous
materials regulation and enforcement.
An outgrowth has been the Hazardous Materials Information Exchange (HMIX), a
two-way communication service through which state and local organizations can
obtain information on training opportunities, conferences, and literature. HMIX
partici-pants can also communicate with each other via computer hookups.
Other training sources include the Hazardous Materials Advisory Council (HMAC),
which sponsors a variety of specialized courses in conjunction with the RSPA;
the Transportation Safety Institute (TSI), a federal training center located in
Oklahoma City; and various hazardous materials program policy documents
produced by state agencies.
Hazardous Materials Incident Emergency Management
The Superfund Amendments and Re-authorization Acts (SARA) of 1986 required the
federal Occupational Safety and Health Administration (OSHA) to prepare
regulations, now identified as Title 29 of the Code of Federal Regulations, to
protect employees involved in handling hazardous waste. The regulations also
define the training requirements for personnel, including police officers, who
respond to hazardous materials incidents.
CFR 29 now describes five levels of training for emergency responders. Three
are particular pertinent to police:
For the awareness level, training must be sufficient to ensure competency in
understanding hazardous materials and the inherent risks associated with a
spill or incident; recognizing the presence of hazardous materials and
identifying their type, if possible; understanding the employer's emergency
response plan and the need for site control; and making notification to the
communications center in recognizing the need for additional resources.
First responder operations level training, usually a minimum of eight hours,
must include the first responder awareness elements plus the knowledge to
choose proper protective equipment for on-scene personnel; the ability to
perform basic spill containment and confinement procedures consistent with
equipment and personnel available at the scenes; an understanding of basic
decontamination procedures and how to initiate them; and an understanding of
operating procedures at the scene.
On-scene incident commander training, usually an additional 24 hours, must be
sufficient to ensure competency in properly conducting the agency's incident
command system, initiating agency emergency responses, and coordinating an
emergency response with other agencies that may become involved. In addition,
the trainee must know the risks faced by people working on-scene at a hazardous
materials spill, including personnel wearing chemical protective clothing;
be aware of both the state and
federal regional response plans or teams; and realize the importance of
decontamination procedures and know how to conduct them.
The importance of constant police readiness emphasizes the need for thorough
training, reinforced by frequent in-service updates for both management and
line personnel.
Every police vehicle used for traffic patrol should carry in it the latest copy
of the federal DOT Emergency Response Guide. This concise book contains a rapid
reference by which officers can determine, from the numbers and other
information on placards and shipping papers, the classification of hazardous
materials being transported and the general cautions and instructions for
containment of spills and evacuation of the public.
For further information on incident management and control, see Part Eleven,
Roadway Management Through Engineering and Enforcement.
Driver Licensing
Licenses are generally issued by the motor vehicle administrators of the
various states and provinces. As well as serving as a national identifier of
persons, the driver's license system is used for the rapid identification of
persons who are driving motor vehicles; the operation of a classified license
system which provides separate written and skill tests for various types of
vehicles such as motorcycles, passenger vehicles, and commercial vehicles; a
point system for targeting unsafe drivers for license suspension or revocation
to remove hazardous drivers from the roads; and identifying and tracking
traffic violators through the court system and preventing persons from
defaulting on traffic citations.
The License as a Positive Identifier
When first issued, driver's licenses were intended to verify that the holder
complied with the regulations associated with vehicle operation.
Photographs were later added to aid in positive identification and to reduce
fictitious usage. Strategies to prevent counterfeiting include the use of
thumbprints and holograms. Many licenses even contain magnetic strips and bar
codes to provide for the electronic recording of driver license information if
a citation is issued in the field. A driver's license typically contains a variety
of information, including the
driver's date of birth, his social security number as a primary or secondary
identifier, his blood-type, an indication if the driver is an organ donor,
and certain physical characteristics such as height, weight, hair and eye color.
Over a period of time, the driver's license has assumed the role of a positive
identifier. This acceptance is based upon the belief that an effective
screening process is employed to verify that the license data is valid. Today,
the license has become the means to use legal instruments, to obtain social
benefits, and to gain access to restricted areas and services.
The state agencies issuing driver's licenses are finding that positive
identification of applicants is nearly impossible because of the absence of a
national identification system. The U.S. birth certificate system is
ineffective for identification purposes. Coupled with the problems of
identification presented by legal and illegal aliens, the use of a driver's
license as a national identifier is not reliable.
In the past several years, the use of a digital image photo license has
increased. Over 15 states and provinces are using this technological
breakthrough, which provides more effective securi-ty and identification. In
addition, photographic information can be transmitted via computer to officers
in the field.
The AAMVA recently began a project to standardize identification means when
issuing driver's licenses. The problem of alien identification remains an
unaddressed issue at the national level. Another major problem
is the use of fraudulent driver's licenses by minors to
purchase alcoholic beverages. A number of states have addressed this problem
through the use of special licenses, or the addition of identifying features to
the licenses of persons under the age of 2,1 so that they may be readily
identified by law enforcement and other persons.
National Driver's License Compact
The National Driver's License Compact (NDLC) program has several administrative
components, including an application to law enforcement.
Prior to the NDLC, a person in one state who was convicted of a traffic
violation in a neighboring state would not have that violation reported or
charged against his record in his home state. Also, nonresident drivers who
were issued citations were often physically arrested and required to post bond
or surety for court appearances for even non-jailable motor vehicle offenses.
Under the NDLC program, which is administered by the American Association of
Motor Vehicle Administrators, the majority of states report violations by
nonresidents to the driver's home state. The charges are then added to the
offender's driving record as though the violations occurred in the home
state.
For example, a driver charged with DUI in an NDLC state will have his license
suspended in his home state as well. Also, nonresident drivers can promise to
appear in court, or pay a waiver and be released without bond. If he fails to
satisfy the court appearance, a mechanism permits the issuing state to revoke
the driver's privileges until he complies with the laws of the other state.
A total of 43 states now participate in the NDLC.
Administrative License Revocation (ALR)
State government has traditionally retained the responsibility of issuing and
regulating driver's licenses. Upon conviction, the courts have been committed
to limit or suspend driver's licenses or operating privileges. A current trend
is to remove the license sanction from the courts, to eliminate unnecessary
delays associated with court backlogs, and to reduce the impact of plea bargaining.
The National Highway Traffic Safety Administration advocates the on-the-spot
revocation by police officers who arrest drivers for driving under the
influence of alcohol or drugs.
In states with this legislation, police officers are empowered to confiscate
the driver's license of a person arrested for impaired driving when that person
either refuses a chemical test of blood, breath or urine or tests above the
prescribed limit. The license is usually forwarded to the licensing agency, and
the holder is issued a temporary permit to drive pending a hearing. The benefit
of ALR is that action is less complicated and immediately removes a known
hazardous driver from the roads.
Most states have some version of ALR in operation; it is a condition for some
states to receive additional federal highway safety funds.
Advancement in technology now gives the ability to produce a digital photo
driver license. These documents offer advantages over the old photo technology. Central
electronic image storage makes access to the pictures and information much
easier. Many of the fraudulent practices that plagued photo technology are
eliminated by digital imaging. Multiple duplicate driver's licenses, held by
the same or different people, become practically impossible to obtain when the
person applying for a duplicate license has himself compared to the digital
image of the original applicant. Comparison under the old photo technology was
either cumbersome or impossible.
Electronic auditing of driver license production also helps eliminate abuse by
operators to create fraudulent licenses which are used in check and credit card
fraud, drug trafficking, and, especially, illegal immigration.
The implications for law enforcement go far beyond these obvious benefits. With
a central image database of every driver in a state, the public safety
community has a ready-made storehouse of photos to be used in criminal
investigations. Due to the electronic nature of these images, they can be
obtained in seconds via a computer retrieval unit in the department or even
faxed or thermal printed directly to the patrol car. These same images can also
be brought into a photo array for suspect identification. The uses for these
images are limited only by the wants and needs of the public safety
community.
Not to be forgotten is the importance of the actual driver license itself. With
the aid of computer technology, the license can now be made more secure and
tamper-proof than ever before. Magnetic stripe encoding, a technology
currently employed in banking, can be used
in tandem with this electronic record to provide even greater help to police
traffic enforcement. Additionally, recent technological advances in
two-dimensional bar coding enhances security and assists in providing
additional data to the public safety community, specifically to the patrol
officer. Citations can be issued much more quickly and efficiently. Use of this
technology also eliminates multiple entry points for the information.
A typical traffic stop could go something like this: The driver's license with
an encoded magnetic stripe and bar code is read by an in-car unit. This unit
then transmits the information to the department's system which runs a standard
check of traffic and criminal records on the individual. This information is
returned to the car, either by the dispatcher or through an in-car computer.
This same computer could also display the photo of the driver from the drivers
license database. Information on the type of violation is then entered into the
unit. This generates the printed citation to be given to the driver and at the
same time updates the departmental computer and transfers the violation
information electronically to the courts and the DMV. As can be seen, the
benefits of this technology have far reaching implications.
Fifteen jurisdictions have already converted to this technology, and many
others are doing so presently. Work is progressing on digital standards (common
data elements and compatible records) so that a national and, perhaps, an
international network of digitized images can be established. This progress
emphasizes the importance of public safety and particularly the law enforcement
community's efforts to maintain a proactive relationship with motor vehicle
departments. These technological advancements must be continually monitored and promoted so
that law enforcement can take full advantage of them and be able to use a
secure document.
Generally, a committee is established in each jurisdiction to evaluate
the needs of agencies affected by a plan to convert to a digital image photo
license. This committee may also have the responsibility of evaluating vendor
proposals to accomplish this conversion. Representation on these evaluation
committees should be sought by the law enforcement community so that their
needs and wants will be considered.
The public safety community and particularly law enforcement should be
continually alert to legislation that limits and/or precludes the transmission
of the digital image driver's license and pertinent information to a police
officer.
Detecting Suspended and Revoked Driver's Licenses
The revocation or suspension of a driver's license is potentially very
effective because it separates persons with physical or mental disabilities, or
those with poor driving records or attitudes from the other users of our
highways. In practice, however, this strategy is not as effective because many persons
continue to drive after their driving privileges have been suspended or revoked
and are not detected by law enforcement. This problem leads to a breakdown in
respect for the law, clutters our highways with dangerous drivers, and
frustrates the criminal justice and driver licensing processes.
Although detecting and apprehending suspended or revoked drivers is difficult,
few police activities yield higher dividends in improving traffic safety and
promoting respect for the law. Several associations, including
the AAMVA, advocate strict enforcement of laws
relating to the operation of vehicles while licenses are suspended or revoked.
Repeated national studies ind-icate that license suspensions are the most
effective sanction used in traffic law enforcement.
The Need for A Policy
Police agencies need policies to ensure that appropriate enforce-ment action is
taken when a suspended or revoked driver's license is found. The policy should
not permit an officer to lodge a charge of driving without a license as a
substitute for driving after suspension. Policies should advocate that driving
after suspension cases are pursued to conviction and not dropped as part of a
plea bargain, especially when accompanied by DUI charges. When a
motorist displays a suspended or revoked license, the individual should
be charged with that separate offense as well as driving after suspension. The
license should be confiscated and returned to the state licensing agency.
Police agencies should form task forces to contact anyone who fails to turn in
their license if it is under suspension or revocation. Officers should
confiscate the license and return it to the licensing authority. The individual
should be charged with failing to surrender a suspended or revoked license.
Violator-directed patrols are effective when police departments are notified by
licensing agencies of the suspension or revocation of a person who is an
habitual motor vehicle offender.
The National Driver Register (NDR)
The National Driver Register (NDR) is a central repository of information on
individuals whose drivers licenses have been revoked, suspended,
cancelled, or denied, or who have been convicted of certain serious
traffic-related violations, such as driving while impaired by alcohol or other
drugs. When an individual applies for a license, state driver licensing officials
query the NDR to determine if the individuals driving privilege has been
withdrawn in any other state. Because the NDR is a nationwide index to driver
records from all states, a state needs to submit only a single inquiry to
obtain this information. The information obtained from the NDR assists the
state driver licensing official in determining whether or not to issue a
license. The Federal Aviation Administration and the Federal Railroad Administration
also use the NDR to process their inquiries for the detection of driving
violations, especially alcohol-related, among their applicants for
certification. In addition, the U.S. Coast Guard recently was authorized to
receive NDR information regarding their applicants for certification.
Fifty states have established electronic access to the NDR filea major
step for states that issue licenses over the counter rather than require a
waiting period.
During 1993, the NDR processed over 25 million file checks for all users of the
NDR, which resulted in over one million probable identifications, or matches.
As required by Public Law 97-364, the NDR is converting to a Problem Driver
Pointer System (PDPS) to improve the timeliness and reliability of NDR
information. Under the PDPS, the NDR
will no longer contain substantive data. Instead, it will contain only
identifying information to enable it to check whether or not adverse action has
been taken against an individualnot specific information about why an
individuals name appears on the NDR file; such information will be
maintained by the state that executed the adverse action. When a match occurs
with a record on the NDR file, the NDR will electronically point to the state
where the adverse action is maintained, retrieve that information, and relay it
to the state of inquiry. In this way, the state of inquiry is assured of
receiving the latest information available regarding the drivers
record.
PDPS conversion involves not only making system changes at the NDR but also
providing technical and training assistance to states in their conversion
efforts, including a Help Desk staffed by a small group of systems analysts.
Ohio, North Dakota, Washington, and Virginiathe four states that
participated in the PDPS Pilot Test Program in 1987 to 1988continue to
operate under the PDPS concept. Florida will be the first new state to
implement PDPS, scheduled for July, with an additional 11 to 15 states
scheduled for implementation by the end of 1993.
Motorcycle Licensing Requirements
Motorcycle collisions contribute significantly to the large number of deaths
and injuries occurring on our nation's highways.
They account for nearly seven percent of all traffic deaths in this country but
represent only two percent of the nation's registered vehicles. More than 80
percent of all motorcycle crashes result in injury or death, and DWI on a
motorcycle is an especially risky venture.
In a recent year, more than 2,400 motorcyclists were killed in traffic crashes.
The death rate per 100 million vehicle miles traveled for a motorcyclist is
over 20 times that of an automobile occupant.
The Problem of Unlicensed Motorcyclists
A substantial number of the riders killed in motorcycle crashes are unlicensed
or not properly licensed to operate a motorcycle. In 1993, of the total 2,435
motorcycle operators involved in fatal motorcycle crashes, 991 (40.7 percent)
were not licensed to drive a motorcycle. Of those 991 operators, 158 (6.5
percent) had no license whatsoever, and 833 (34.2 percent) did not have a valid
motorcycle license or endorsement. The number of improperly licensed motorcycle
drivers involved in fatal motorcycle crashes has remained at approximately 40
percent for the most recent five years.
The following list of motorcycle validation codes is provided to assist
officers who stop motorcyclists to determine if the license is valid for the
operation of a motorcycle.
STATE LICENSE CODE
A motorcycle officer saw two men running across the freeway, each carrying a
large box. They darted into the bushes before he could reach them. Two hours
later he sighted the same pair, again sprinting across the freeway and carrying
large boxes. This time he arrived just as they disappeared into the shrubbery.
He ordered them out, but they emerged empty-handed. A search produced several
boxes loaded with small appliances. The pair had systematically shoplifted
merchandise from a nearby mall, each time dashing across the freeway to a motel
room.
Time was invested in teaching probable cause. A few of the basics: Is the
driver the registered owner? Is the driver's ID valid? Are vehicle and driver
from the same location? Does the driver know where and when the car was last
serviced? Is the car a rental? If so, did the driver rent it? Is the driver
authorized on the rental agreement? Is luggage in the vehicle? How long is the
trip? Plus many more. As training progressed, one thing became clear; there is
no profile of the typical criminal or typical drug
trafficker. Indicators, certainly, but no-cut-and-dried formula.
Experience reveals that people and vehicles of every description can be
criminally involved.
Any stop begins with a traffic infraction, observed and identifiable.
Development of probable cause for suspected criminal activity starts only after
the legitimate traffic stop. And very often, it ends with a consent search,
another critical element in many investigative sequences. Consent is the key
word. The subject must consent, preferably in writing.
The reaction of state police and highway patrols has been positive, but their
response was restrained because the resource equation seemed out of balance.
Shifting emphasis always means shifting resources from one priority to
anotheror does it? That ultimately proved the keyfinding a way to
absorb a new responsibility without undermining existing duties. Officers
working traffic enforcement, fulfilling a critical safety mission, can
undertake the criminal identification task as long as they can handle it in
parallel with the basic traffic assignment. History now declares that they can
and they do, and that's why the new program works so well.
It also provides an answer to the challenge sometimes issued by irritated
motorists reacting to a traffic stop: Why aren't you out arresting
criminals? We are, but in addition to, not at the expense of, the traffic
law enforcement responsibility. Patrolling our streets and highways remains the vital
task of protecting public safety, through the proven deterrence of aggressive, intelligent
traffic law enforcement. That won't change. What has changed is the level of police
officers' capabilities. They just got better. And the public is reaping the
benefits.
In developing directed patrols, we need to be sure that traffic enforcement is
one of the priorities, and that it is targeted toward the known causes of
crashes and the traffic problems of most concern to our citizens. We must also
encourage our officers to stop and direct traffic whenever possible at locations where congestion
poses an annoyance to the traveling public.
Your policy should require police officers to make a written report on every
pursuit, whether successful or unsuccessful. These reports should be entered
into a data bank to determine the extent to which your officers are engaging in
high-speed pursuits, and the percentage of these actions that result in
crashes. The report should also be reviewed by supervisors to ensure that
departmental policy was followed.
If you will be patrolling areas afflicted with a lot of
fog, rain or other inclement weather, you should give consideration to using
strobe lights mounted on the exterior of the vehicle. Strobe lights also draw
less current and are easier on the battery. However, unless strobe lights are
properly set up, they can be extremely blinding to both motorists and the
officers themselves, and there have been concerns that strobe lights flashing
at a certain frequency may trigger seizure-type disorders in some individuals.
Devices are available to control the intensity of strobe lights.
If your vehicle is equipped with radar, certain safety precautions
should be provided to prevent unnecessary expo-sure of the officer to microwave
radiation. Current information indicates that modern radar sets emit less
radiation than a cellular phone or a portable radio. However, it is still
advisable to make sure that the radar antenna is always pointing away from the
driver or passengers, and if a hand-held radar set is utilized, that it is
turned off and stored on the seat when not in use, never in the lap of the
driver. All radar equipment within the vehicle should be properly secured to
protect the officer in the event of an accident or high-speed emergency
operations.
A siren should be placed in a location to the front of the vehicle to
minimize noise levels when broadcasting on the car radio.
Studies have shown that a white color is the most visible for patrol
vehicles. There are many schools of thought regarding the painting, striping
and coloring of police vehicles. The key here is distinctiveness: You want your
vehicles to be readily identified by the public and to instill a sense of pride
in the department and the community.
Equipping your patrol vehicles with a cage and roll bar will provide
safety for both the officers and any prisoners that are transported.
Tires should be the type that is speed rated for highway patrol
or city work, as is appropriate.
With the advent of air bags in both the passenger and driver side of modern
patrol vehicles, the mounting of needed equipment becomes more difficult. Under
no circumstances should these safety devices ever be disconnected. The radio
and other equip-ment needs to be placed in a location where the officer can
readily access it without taking his eyes off the road. If that is not
possible, then position them a little lower so that the sense of touch can get
the officer into the system or using controls that he needs in order to
function properly. Many police equipment manufacturers now produce mounting
racks that are compatible with air bags.
We hope this brief outline of items to be taken into consideration in the area
of traffic enforcement policy will be of value to you. Additional information
may be obtained by reading the periodic model policies issued by the IACP
Policy Center and the Citizens for Effective Law Enforcement.
Allocation, Deployment and Evaluation of Traffic Personnel
Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs
naturally as the eyes gaze to the side. Under normal circumstances, nystagmus
occurs when the eyes are rotated at high peripheral angles. However, when a
person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser
angles. An alcohol-impaired person will also often have difficulty smoothly
tracking a moving object. In the HGN test, the officer observes the eyes of a
suspect as the suspect follows a slowly moving object such as a pen or small
flashlight, horizontally with his eyes. The examiner looks for three indicators
of impairment in each eye: if the eye cannot follow a moving object smoothly,
if jerking is distinct when the eye is at maximum deviation, and if the angle of onset
of jerking is within 45 degrees of center. If, between the two eyes, four or
more clues appear, the suspect likely has a BAC of 0.10 or greater. NHTSA
research indicates that this test allows proper classification of approximately
77 percent of suspects. HGN may also indicate consumption of seizure
medications, phencyclidine, a variety of inhalants, barbiturates, and other
depressants.
The walk-and-turn test and one-leg stand test are divided attention
tests that are easily performed by most sober people. They require a suspect to
listen to and follow instructions while performing simple physical movements.
Impaired persons have difficulty with tasks requiring their attention to be
divided between simple mental and physical exercises.
Speed Enforcement
One of the least expensive and readily utilized methods of speed
enforcement is using the patrol vehicle speed-ometer to do clocks; however,
this method can only be used in the moving mode. It can be used in any type of
weather and terrain and during any light conditions. The speedometer must be
calibrated regularly and must be used responsibly. This method is somewhat
subjective because it is done by pacing. It is recommended that pacing be done
for at least two-tenths to one-half mile, at a speed at which the violator's
vehicle is gaining just slightly on the officer. When a speeding car is
detected and the clock is completed, the vehicle should be pulled over. A
violator should not be followed for miles in an attempt to determine his
maximum speed. Since one of the purposes of speed enforcement is to make the
roads safer, this is not accomplished by allowing a speeding vehicle to
continue in a hazardous manner for long distances.
Traffic conditions, weather, and terrain may make a good clock difficult. Some
jurisdictions have statutes that prohibit driving at a speed greater than
reasonable, or careless driving, which may apply. If an officer is a good
observer and can document that the vehicle passed all other vehicles, screeched
tires while turning, jumped while going over bumps in the roadway, and
exhibited other indications of speed, convictions can be obtained.
Radar is the most widely used and accepted speed detection device. The
costs vary. A reliable unit may be purchased for under $2,000. These types of
units have many advantages: they can be used in a stationary or moving mode,
are available in a hand-held variety, and give both audio and visual
indications of speed. Since the units are highly accurate and reliable, they
are widely accepted in court. The units can be stored in a carrying case and
moved from vehicle to vehicle. If a department has several, they should
devise an internal marking scheme to keep all the units accounted for
and maintain the certifications with the proper unit.
One disadvantage of radar units is that, unless the operators have been
properly trained, the wrong motorist can be cited for speeding. Radar has a
wide beam combined with a range of three-fourths of a mile or more. Because the
devices are not target-specific, but rely on the operator for accuracy, they
are more difficult to use in congested traffic areas. Training can help
officers use radar in congested traffic areas but it will be more difficult
than using it in less congested areas.
LIDAR or laser units have some distinct advantages over radar but have
their own disadvantages. LIDAR units are expen-sive when compared to
radarapproximately $4,000 to $5,000 each. The units are target-specific:
The vehicle aimed at is the vehicle detected. Unlike radar devices, these units
are immune to electrical interference, such as that from car fans. LIDAR units
work well in city environments and on heavily traveled roadways.
The disadvantages of LIDAR units are that they must be used in a stationary and
hand-held mode. Their range is approximately 1,200 feet. This technology is not
accepted in all courts. Once the technology receives judicial notice it should
receive general acceptance in the courts. Rain and fog reduce a laser's range
as well. When debating the purchase of radar or LIDAR devices, the issue is not
that one is better than the other; each complements the other and are suited
for its own purpose.
The use of average speed computers is also worthy of
consideration. It emits no beams and can be used in all weather and traffic
conditions. It is target-specific and can be used in a moving or stationary
mode. Some consider this a better measurement of speed, since it measures
average speed over the target area, rather than maximum speed, as do other
devices.
Photo Radar uses the same technology as other radar units but can
be used at both manned and unmanned loca-tions. It is effective if set up
properly and can also be used to photograph traffic light violators. The
potential for detection is enormous since the violators are not stopped, but a
permanent record is made of each for processing later. Photo radar
is controversial because of the photographs and privacy issues. Vehicles must have front license plates so that both vehicle and driver can be photographed. A rear plate method can be used if driver identification is not required. This method may need legislation to make
speeding charges the civil responsibility of the owner of the vehicle.
Although photo radar is technically sound, it may not be accepted by the
community because a police officer is not operating the unit for each target
vehicle. This method also does not allow any personal contact by the police
officer who otherwise could exercise discretion by considering special
circumstances, such as family emergencies or medical problems, that may cause
an individual to speed. While some might view this as a disadvantage, photo
radar advocates would argue that officer discretion is not uniformly or fairly
administered. Photo radar eliminates any arguments about the speed of the
vehicle from the discussion between an officer and the violator at the scene of
an arrest and moves this discussion to an administrative or court hearing. Some
feel that since the photo radar does not discriminate that this method is the
most fair type of speed enforcement that exists. This method does eliminate the
possibility of finding other violations of law such as carrying of contraband,
or stolen property. Other offenses such as driving with a suspended license or
without registration, or even driving under the influence are not discovered
using this type of technology.
Collision Investigation
Commercial Vehicle and Hazardous Materials Regulation
The Driver Licensing System
State | Code |
---|---|
Alabama | M |
Alaska | M1,M2 |
Arizona | M |
Arkansas | MD,M |
California | M1,M2 |
Colorado | M |
Connecticut | 104,106,204,206,AM,BM,CM |
Delaware | M |
District of Columbia | M |
Florida | MTCY |
Georgia | MR,MU,MX |
Hawaii | Class 2 |
Iowa | M,8 |
Idaho | No Requirement |
Illinois | L,M |
Indiana | MC |
Kansas | D,M |
Kentucky | M |
Louisiana | 4 |
Maine | I,J |
Maryland | M |
Massachusetts | M |
Michigan | CY |
Minnesota | M |
Mississippi | E |
Missouri | M |
Montana | M |
Nebraska | M |
Nevada | M,MX,MZ,MU |
New Hampshire | MC |
New Jersey | M,E |
New Mexico | Y,W |
New York | M,MJ |
North Carolina | M |
North Dakota | M |
Ohio | M,R |
Oklahoma | M |
Oregon | M,Q,M1,M2 |
Pennsylvania | M |
Rhode Island | H |
South Carolina | M,4 |
South Dakota | 2,3 |
Tennessee | M,MP |
Texas | M |
Utah | M,O,U |
Vermont | M |
Virginia | M |
Washington | M1,M2,M3 |
West Virginia | F |
Wisconsin | M,CY |
Wyoming | M |
Occupant Protection and Enforcement
A little more than a decade ago, highway safety priorities counted safety belt and child safety seat use as just one of many goals an important one, but not a priority. The drunk driver commanded somewhat more attention but not to the degree this menace deserved. Today that has all changed and we address both subjects with equal vigorremoving drunk drivers from behind the wheel and putting all vehicle occupants into approved safety restraints. Alcohol-related fatalities dropped 26 percent between 1983 and 1993, declining nearly 10 percent in 1991 alone. Alcohol-related deaths still number almost 18,000 a year, slightly below half of all highway crash deaths. We are doing better, but not well enough!
The Role of Occupant Protection
Safety belt use saves over 9,000 lives and prevents 200,000 moderate-to-critical injuries each year. NHTSA estimates that, if all passenger vehicle occupants wore safety belts, nearly 10,000 additional lives could be saved per year. Studies show that the use of safety restraints cuts the number of deaths and injuries in traffic crashes by one-half. The following statistics, provided by NHTSA, dramatically show the impact that safety belts can have in traffic crashes:
From 1982 through 1994, an estimated 65,000 lives were saved by safety belts and more than 1.5 million moderate-to- critical injuries were prevented. Over the same eight years, safety belts prevented an estimated 770,000 moderate to critical injuries, 571,000 in jurisdictions that have mandatory belt use laws.
Among front-seat passenger vehicle occupants over four years of age, safety belts saved 4,682 lives in 1991, 3,828 of them in jurisdictions that have belt use laws. Of 55,000 passenger car occupants involved in fatal crashes in a recent year, over half (52 percent) of the unrestrained occupants were fatally injured, while only 29 percent of the restrained occupants were fatally injured. Three-quarters of the uninjured occupants of passenger cars involved in fatal crashes were using restraints.
Safety Belt Use Laws
The July 1984 ruling by the U.S. Department of Transportation on automatic occupant protection began a wave of legislative action resulting in the enactment of safety belt use laws in many states. The goal of these laws was to promote belt use and thereby reduce death and injuries in crashes. As of this writing, 48 states and the District of Columbia have belt use laws, some as a primary violation and some as only a secondary violation (enforcement action can only be taken if the driver is stopped for another violation). Reported safety belt use ranges from 24 to 83 percent, varying widely from state to state, reflecting factors such as differing public attitudes, enforcement practices, legal provisions, and public information and education efforts. NHTSA estimates that the implementation of state belt use laws has reduced traffic fatalities by seven percent a year.
Types of Occupant Protection Systems
Safety belts were first installed on passenger vehicles in 1956, and shoulder restraints were added in later years. Using a combined seat belt and shoulder restraint keeps the driver from hitting the dashboard, windshield, or rear-view mirror submarining under the dashboard. The addition of automatic passenger restraints by some manufacturers resulted in miniature electric motors which deploy the shoulder strap when the driver sits in the car and the ignition is turned on. However, many drivers take no further action after the shoulder strap is deployed and do not fasten their seat belts. This defeats the engineering that went into the restraint system, because the shoulder restraint alone is not protective without the lap belt fastened.
In fact, the National Transportation Safety Board has highlighted instances of where motorists using the motorized shoulder belt without the lap belt have been decapitated in crashes.
Driver and passenger-side air bags are now mandatory in most new passenger vehicles. These devices contain sensors that detect rapid deceleration characteristic of a collision, and through an explosive device, deploy an air bag which blows up, similar to a balloon, and prevents the driver from impacting the interior of the vehicle.
The presence of an air bag does not relieve the driver or passengers from the responsibility of utilizing lap and shoulder belts. An air bag provides little protection in a side collision. Lap belts and shoulder harnesses provide the added protection of keeping the driver behind the wheel and in control of the vehicle to allow for last-minute emergency maneuvers, and preventing the driver and passengers from hurtling around the interior of the vehicle and colliding with one another.
Child Safety Seats
Law enforcement and education can make the difference between life and death for our children. All 50 states, the District of Columbia, and Canadian provinces have child restraint use laws. When used correctly, child restraints are 71 percent effective in preventing deaths and 67 percent effective in reducing injuries. In a recent year, 100 percent use of child safety seats nationwide could have prevented 455 fatalities and approximately 49,000 serious injuries to children under the age of five. The actual usage rate in that year was estimated at 80 percent, and approximately 247 lives of children under the age of four were saved as a result of child restraint use.
Even though child safety seats are proven lifesavers, many drivers still do not use them, purchase unapproved seats, or use them incorrectly. Incorrect use is a major contributor to the deaths and injuries each year.
Many cases of incorrect use are as simple as turning the seat toward the proper facing position for that age childrear-facing positions for infants and forward-facing position for older children. The best position for rear-facing child safety seats is the middle position of the rear seat of the vehicle. Simply not following the manufacturer's instructions for properly installing the seat also nullifies its benefit. The best place for any child in a safety seat is in the rear seat of the car, properly secured with a seat belt system as recommended by the manufacturer of the safety seat.
Policies and Training Programs
The National Highway Safety Traffic Administration has a model OPUE (Occupant Protection Usage and Enforcement) Program that is available to law enforcement agencies to train members of their department to act as instructors. The training program uses a model curriculum which includes teaching participants to write safety restraint enforcement policies. State POST Academies provide this training, and all law enforcement agencies are urged to have at least one member trained in OPUE.
Motorcycle Safety Helmets
The National Highway Traffic Safety Administration (NHTSA) issued Federal Motor
Vehicle Safety Standard (FMVSS) 218, Motorcycle Helmets, on August 20, 1973.
The standard went into effect on March 1, 1974, and was most recently amended
on October 3, 1988.
All motorcycle helmets sold in the United States are required by law to meet or
exceed the minimum performance requirements established by FMVSS 218. These
requirements include minimum impact and penetration capabilities, chin strap
retention qualities, and a 210-degree field of view, along with a number of
labeling requirements. To certify that their helmets meet all the requirements
of FMVSS 218, a manufacturer places the letters DOT on the back of
each helmet. This lettering is often referred to as a DOT label or
DOT sticker. If a manufacturer sells a helmet certified as meeting
the FMVSS standard and NHTSA discovers the helmet does not,
NHTSA conducts an investigation that can
result in the manufacturer's having to recall the helmets in question.
Recently, the manufacture and sale of costume or novelty helmets has
dramatically increased. These helmets, if not sold as motorcycle helmets, are
not required to meet FMVSS 218. If the manufacturer does not place a DOT
sticker on the back of the helmet, they are not certifying that the product
meets FMVSS 218, and they do not claim that it offers any protection at all to
the wearer. A problem arises with a novelty helmet when its manufacturer or distributor
encloses or offers a DOT label separately for the consumer to place on the back
of the helmet. Reputable manufacturers place the DOT sticker on their helmets
before shipping them to distributors.
Most state helmet use laws require motorcyclists to wear helmets that
meet FMVSS 218. NHTSA has developed a training videotape and an informational
brochure to assist law enforcement personnel in identifying helmets that do not
meet this national standard. For copies of the video and brochure, call NHTSA
at (202) 366-1739.
FMVSS 218 Requirements
A DOT label must be affixed to the center, lower back of each approved
helmet.
FMVSS 218 also requires the manufacturer to sew into the helmet liner a label
or labels that can be easily read without removing padding or any permanent
part. This label must include following information:
Indicators Of An Illegal Helmet
The following is a list of items, in lay terms, that are indicators of illegal
helmets.
This information was provided by NHTSA's Safety Countermeasures Division
and compiled by the Licensing Depart-ment of the Motorcycle Safety Foundation.
Motor Vehicle Registration
The system of motor vehicle registrations carried out in the various states and
provinces serves multiple purposes, foremost of which are
Two-Plate Reflectorized Registration
The proliferation of different plate types bearing the same charac-ters creates
problems in detecting stolen and wanted vehicles, and states should avoid
issuing duplicate identification, if possible.
Mandating that all vehicles display registration plates on both the front and
rear of the vehicle enhances law enforcement's efforts to identify a vehicle
rapidly, whether it be from a frontal position or from the rear of a vehicle.
Police officers are commonly trained to jot down the license plate numbers of
oncoming vehicles they see while responding to an accident or crime scene, in
an effort to identify possible fleeing perpetrators or eyewitnesses to the
incident. Bicyclists, pedestrians and drivers frequently observe the plate
numbers of suspicious vehicles and report them to the police. This assistance
has been instrumental in solving many serious crimes over the years.
A study conducted by the IACP and published in 1979 revealed the benefit of
two-plate registration. In addition to the rapid identification of a vehicle by
police authorities, two-plate reflec-torized registration also enhances officer
safety. Through today's synthetic materials used to cover registration plates,
a minimum amount of light can illuminate the plate as an alert to the police
officer for personal safety and for identification purposes.
If for no reason other than officer safety, two-plate reflectorized
registration should be incorporated as a primary design for registration plates
in every state. Additionally, a reflectorized plate prevents collisions with
vehicles parked along streets in poorly lighted areas.
Enforcing the Two-Plate Requirement
From an enforcement perspective, vehicles required by law to display two
registration plates are easier to identify, and the dual plate registration is
effective in thwarting vehicle thefts.
In those jurisdictions where two plates are required, the absence of one plate
provides an officer with articulable suspicion to execute a traffic stop for
vehicle registration inquiry, leading to the detection of drunk drivers,
persons operating under revocation or suspension, and persons transporting
contraband.
In today's society, the general public supports laws and regulations that
benefit them, even if they may involve an increased or new user fee. It should
be the responsibility of law enforcement and other public agencies to
demonstrate and convey to the public and legislative bodies the benefits from a
two-plate system. Vehicle owners can see potential benefits in the event their
vehicles are stolen. Citizens can appreciate how the two-plate system enhances
police officers' abilities to detect criminals and simultaneously heightens
personal safety.
Police executives and associations should be proactive in advocating two-plate
systems in jurisdictions that do not have them and in fighting back attempts to
go to a one-plate concept. However, justifying the need for a two-plate system
is difficult unless law enforcement officers aggressively enforce the two-plate
requirement by stopping vehicles with only one plate and issuing either a
warning or citation to these drivers. Each police department should have a
specific policy supporting enforcement against drivers with missing, mutilated,
or illegible number plates.
Automated Data Collection At Roadside
Increased refinements in the field of electronics have opened up new vistas of
exploration within the law enforcement profession. Sophisticated electronics
and computer equipment are making their way into more facets of our daily
routines, from the check-out counter at the neighborhood grocery store to the
vehicles driven on our highways.
Electronic equipment such as bar code scanners, transponders, and computers can
be utilized in law enforcement and highway safety disciplines to evaluate
traffic flow patterns, determine traffic demographics, record vehicle
registrations, issue parking tickets, and automatically collect highway
tolls.
The progressive use of equipment and techniques that uniquely identify vehicles
without requiring any action by the driver are evolving. An automatic vehicle
identification (AVI) device can be attached to a vehicle, whether it be a bar
code or a more sophisticated transponder, containing specific information about
that vehicle. Through the use of a reader capable of interpreting the AVI, law
enforcement personnel can instantaneously retrieve the information on the
vehicle for their use.
Equipment of this type and capability can enhance vehicle registration
requirements and enforcement without placing an officer in a situation of
increased jeopardy.
Within the law enforcement community, title enforcement responsibilities
usually do not generate discussion; however, with-out specialized training and
concentration in vehicle titling and registration, the public can suffer
astronomical fraud and economic loss.
Title enforcement requires investigating police personnel to have a
comprehensive knowledge of state and local laws, regulations and ordinances,
and the idiosyncrasies associated with various types of titles, reissued
titles, duplicate titles, salvage titles, and manufacturer's statements of
origin. As with most sophisticated law enforcement areas and functions,
specialty skills have evolved that are essential to effectiveness.
Hidden VIN
Beginning in 1981, all motor vehicles manufactured in the United States or
imported for sale for over-the-road use were required to have a 17-character
vehicle identification number (VIN). In 1987, the Federal Motor Vehicle Theft
Law Enforcement Act of 1984 became law. Through the enactment of this law,
vehicles with a high-theft potential were required to use component part
labeling or secondary sources of identification, so-called hidden
VIN's. Specially trained officers use these hidden VIN's to verify the
authenticity of a vehicle or a component part.
By law, this secondary source of identification must be indelibly printed on a
label. This label must be permanently affixed to the component part on an
interior surface or location, so that it cannot be damaged in a collision or
during part installation, adjustment, or removal. It must be located in such a
fashion as to prevent its destruction or defacement during normal dealer
preparation, including any after-market installation procedures. The label must
contain the manufacturer's logo, or some other unique identifier, plus the VIN.
Any attempt to alter the label must either leave traces
of the original number or visibly alter the label's appearance. In cases
of non-label identifiers, inscriptions to the part must be so that any removal
or alteration visibly changes the appearance of the vehicle part.
Locating the secondary sources of identification is the responsibility of the
manufacturer. In order to assist law enforcement, manufacturers must notify, in
writing, the National Highway Traffic Safety Administration of their numbers
and locations within 308 days of the date the vehicle line is offered for
sale. Having the special expertise to investigate cases where secondary sources of
vehicle identification are utilized is invaluable to a police agency. The
National Insurance Crime Bureau (NICB), a private organization funded by the
automobile manufacturers and insurers, has special agents in every state who
are available to law enforcement to provide training and other technical
assistance in identifying hidden VIN's.
Periodic Motor Vehicle Inspection
Furthering highway safety and providing a safe travel environment for our
citizens can be accomplished in a wide variety of fashions. Such is the case
when a jurisdiction implements by law a periodic motor vehicle inspection
(PMVI) program. Approximately 22 U.S. jurisdictions, several U.S. territories, and the majority
of the Canadian provinces have some type of PMVI program. Some jurisdictions
require annual or semi-annual safety inspections at either a state-maintained
or a private motor vehicle inspection stations licensed by state authorities.
Annual inspections may be required of passenger cars and more frequent
inspections of commercial vehicles and school buses. State-level law
enforcement agencies are charged with additional inspections of school buses by
specially trained troopers or inspectors.
In other jurisdictions, the periodic safety inspections by an authorized
inspection station are not required, but officers are allowed to stop vehicles
to conduct roadside safety inspections.
Increased concern by the Environmental Protection Agency (EPA) over air
pollution caused by automobile emissions has led many jurisdictions to require
periodic inspection of motor vehicle emission systems. This procedure can be
effectively combined with periodic safety inspections in a single system. Law
enforcement executives and associations are encouraged to lobby for enacting
PMVI in those states and provinces where it does not currently exist.
Although variation exists within the types of PMVI programs, all ensure the
periodic inspection of basic safety components such as steering, tires,
suspension, brakes, lighting systems, and glass.
Effectiveness of PMVI Programs
Studies conducted by the National Highway Traffic Safety Admin-istration
(NHTSA) have identified vehicle defects as the sole cause of one out of every
43.4 fatal accidents studied. In addition, it has been determined that vehicle
defects play a partial role in a much larger percentage of all collisions. The
failure of essential mechanical vehicle componentssuch as ball joints,
idler arms, rack and pinion steering units, shock absorbers or struts, tires,
and brakescan cause loss of control of a motor vehicle while it is in
motion.
Each jurisdiction is responsible for using any available means to guarantee
that vehicle safety components are examined and periodically reexamined to
reduce the level of jeopardy that exists while a motor vehicle is being
driven.
Public Support for PMVI
While PMVI programs are not always recognized for the benefits they deliver,
widespread public support does exist for such programs. Public perception is
that the benefits derived from the inspection far outweigh the inconvenience or
cost of having to take a vehicle to a service facility for an inspection.
With the proliferation of self-service gasoline stations, no longer is the
friendly local attendant looking over a vehicle when it comes in for fuel and
advising the driver of the needed replacement of worn components or low tire
pressure. Without a PMVI program, what would be a simple, low-cost replacement
of brake pads often leads to the expensive replacement of rotors simply because
the problem was not caught in time. Thus, PMVI programs can actually reduce the
cost of motor vehicle maintenance, as well as enhance safety factors.
Law Enforcement Benefits and Concerns
Requiring an inspection sticker on a vehicle also gives the police additional
articulable suspicion to stop a vehicle, and frequently
leads to the detection of drunken drivers, revoked or suspended
operators, persons transporting contraband, or stolen vehicles.
The primary concern of state authorities responsible for a PMVI program is to
ensure that a quality safety inspection is provided at a reasonable price;
inspection facilities are reasonably accessible and convenient; and safety
inspection is not utilized as a convenient excuse by unethical mechanics to
sell unnecessary vehicle repairs. Periodic use of undercover officers and
vehicles to run through the inspection process serve as an effective quality
control measure for these programs.
With the conscientious efforts of state agencies, street-level enforcement
officers, and public advocacy groups, a PMVI program can be effectively
administered and enforced and contribute enormously to highway safety.
Rebuilt or reassembled vehicles are often utilized by motor vehicle thieves to
conceal the identity of a stolen vehicle. Using the salvage parts of several
stolen vehicles to rebuild the vehicle, the thief then represents the stolen
vehicle as one rebuilt and is able to secure the proper documentation to
legitimize the sale of the vehicle.
A second concern regarding rebuilt vehicles is the vehicle's level of safety
provided to its occupants and its road worthiness. Law enforcement officials
must take specific measures to ensure that stolen vehicles are not legitimately
sold in the public market and that unsafe vehicles are not allowed to operate
on the highways.
To prevent the sale of stolen vehicles, law enforcement personnel should
examine all salvaged or rebuilt vehicles prior to issuing a title. Specially
trained VIN examiners, generally at the state level, should closely scrutinize
each such vehicle for signs of repair and the replacement of parts. The
examination should include a review of the documentation to ensure all
replacement parts are accounted for and that component part labels or
inscriptions are intact and free of tampering. Any discrepancy should be
thoroughly examined, including an examination of major component part labels
and identifiers.
Rebuilt vehicles can offer an affordable alternative to individuals who
otherwise could not purchase a vehicle, but unscrupulous or incompetent
rebuilders may shortcut or overlook critical safety components. For this
reason, all rebuilt vehicles should be inspected for safety compliance. A check
of all vehicle safety equipment should be performed to assure compliance with
applicable statutory requirements.
Through a systematic examination at the time of registration and title,
the potential for fraud is significantly reduced while, simultaneously, unsafe
vehicles are detected.
Specially Constructed Vehicles
Specially constructed vehicles, street rods, and other assembled
vehicles pose many of the same problems as rebuilt vehicles. A specially
constructed vehicle generally is not visually recognizable as being produced by
a particular manufacturer, while the assembled vehicle is distinguishable
because its composition is by a well-known manufacturer of commercially
produced vehicles.
When the owner of a specially constructed or assembled vehicle requests a title
or registration, law enforcement and vehicle titling authorities should ensure
that the vehicle is examined for safety compliance. Such vehicles should be
required to meet and be in compliance with all state equipment laws prior to
final inspection and the issuance of a title.
A particular problem involves vehicles fitted with oversize tires or
jacked up by other means so that they are extremely high on the
road and their centers of gravity have been drastically altered. Such
alterations can impair the handling dynamics of the vehicle and lead to
component failure and dangerous traffic crashes.
When such vehicles slip through the registration and titling process,
street-level law enforcement officers are obligated to enforce state laws and
local ordinances regarding such standards as bumper height requirements. Law
enforcement agencies should have written policies encouraging their officers to
enforce these requirements.
Enforcement and Engineering Liaison
The basics of an effective traffic safety program involve the three
E'senforcement, engineering, and educationworking in
conjunction for safer roads and drivers.
Some accidents are caused by vehicle defects. Adopting mandated federal motor
vehicle safety standards, such as seat belts, air bags, collapsible steering
columns, padded dashboards, child safety seats, and rollover and side impact
protection, have reduced the number of injuries in traffic accidents. Periodic
motor vehicle inspection programs in many jurisdictions assure us that vehicles
maintain their road worthiness during their useful lives.
Aggressive traffic enforcement programs by state police and highway patrol
agencies, county sheriffs' departments and local police departments deter
unsafe drivers by suspending or revoking driver licenses for hazardous moving
violations. In addition, enforcement efforts to detect vehicle equipment
violations remove unsafe vehicles from the road.
Public information campaigns conducted by the National Highway Traffic Safety
Administration, state governor's highway safety representatives, state and
local law enforcement agencies and licensing authorities, and public groups
such as MADD (Mothers Against Drunk Driving), and SADD (Students Against
Driving Drunk), along with high school and commercial driver education
programs, violator schools, and driver improvement programs, acquaint drivers
with rules of the road and instill proper driving attitudes.
The Final E
The final E involves engineering. Design, construction, and maintenance of
highways and traffic control devices can be instrumental in reducing
collisions. Seldom do enforcement and engineering work in concert to promote highway
safety, despite the fact that police officers on patrol are perhaps the best
eyes and ears that traffic engineers could have. By reporting obscured or
nonfunctioning traffic control devices and dangerous highway conditions and
providing feedback from citizen complaints and the study of traffic congestion
problems, officers can offer important input for traffic engineers. Engineers
can work with officers by making highway improvements such as changing speed
zones, erecting new types of traffic control devices, and placing roadside
objects, such as utility and sign poles and guard rails, so that out-of-control
vehicles are slowed or stopped without causing injury to occupants.
The Precedent Is Set
Years ago, the Bureau of Public Roads, the forerunner of the present Federal
Highway Administration (FHWA) held the first national joint
enforcement/engineering conference. State traffic engineers and top law
enforcement officials met for the first time, many after working in the same
state for years.
At this conference, common goals and interests were promoted in the area of
traffic safety and an efficient transportation system. It was recognized that,
in planning new highways, cross-overs are needed on controlled access highways
to provide access for law enforcement vehicles; as well, space is required for
pulling commercial vehicles over for weight checks and safety inspections. It
was also recognized that both the efforts of engineering and law enforcement
are necessary: short-term traffic problems can often be solved efficiently by
law enforcement actions, while long-term problems are often best removed by
engineering solutions. Out of this first national conference grew suggestions for regional,
multi-disciplinary enforcement and engineering conferences throughout the
nation, whereby state law enforcement and DOT engineers from multi-state
regions could discuss problems and exchange ideas. Individuals attending from
each state could expand this concept when they returned to their home states.
Finally, there developed a concept that state Department of Transportation
officials and state, county and local law enforcement agencies could meet with
their counterparts in both statewide conferences and regional meeting within
states.
Jurisdictions could schedule regular meetings between these disci-plines, even
allowing engineers to ride with police officers and see at first-hand the
situations that an officer was talking about. Construction conferences could be
held during the planning stages of highway improvement jobs so that law
enforcement would have strong input. The need for funding of patrols could be
taken into consideration in budgeting for highway improvements. Work zone
safety could be discussed and improved.
Resources Available
The Texas Engineering Extension Service (TEEX) of Texas A&M University in
College Station, Texas, is an excellent resource on this concept, since TEEX is
the driving force behind a successful engineering/enforcement liaison in the
lone star state. Arizona, capitalizing on the Texas experiment, also holds
regional and local meetings between DOT engineers and Department of Public
Safety commanders and engages in the joint planning of safety projects,
including engineering and enforcement concepts, with consideration of all the
other disciplines that play a significant role. DOT's top managers attend DPS
commanders' meetings and develop mutually agreed-upon policy statements,
recognize differences of opinion and deal with them effectively, and emphasize
risk management which has reduced lawsuits arising out of allegations of
collisions caused by unsafe highway conditions.
In any state where these joint engineering and enforcement conferences are not
currently in use, police executives and
associations and highway transportation planners and engineers should be
proactive in bringing about such efforts.
Freeway Incident Management: Strategies for Relieving Congestion
The urban areas of the United States have experienced tremendous population
growth over the past ten years. With this growth has come rapidly worsening
traffic, as both passenger vehicles and freight carriers stretch the capacity
of our road systems. While adequate mass transit facilities are generally
available inside city limits, development patterns have placed both the people
and the jobs just outside the city areas, creating new transportation patterns.
The lack of mass transit to meet the needs of the growing suburban commuter
force has left people stuck in their vehicles, typically one person to a car.
The increase in numbers of one- or two-occupant vehicles has overburdened our
highway system to the point that peak periods of highway use (rush
hours) frequently extend to two or three hours. Traffic slows to 30-35
mph on roadways designed to move vehicles at 55 miles per hour or more. The
result is more pollu-tion, more frustrated commuters, and a higher cost of
commuting due to increased fuel consumption.
Traveling in or around urban areas during a peak-use period is irritating at
best, but it can be downright miserable when an incident further impedes the
traffic flow. In a typical freeway lane capable of carrying 2,000 vehicles each
hour, an incident that blocks one lane out of three will reduce that highway's
capacity by nearly 50 percent. Thus, when blockage occurs, the cause needs to
be eliminated quickly so that ordinary delays do not become extraordinarily
long. Freeway Incident Management (FIM) can help reduce the delay caused by
non-recurring incidents.
Problems Caused by Lane Closure
Traffic engineers estimate that, for every minute a traffic lane is
blocked, it takes four minutes to restore the flow after the incident has been
cleared. When an incident occurs during peak-use traffic periods, even a small
reduction in the time taken to clear the incident can greatly relieve
congestion.
In an average urban area such as Washington, D.C., and its suburbs, as many as
400 blockages lasting one hour or more will occur annually. Many more incidents
will last less than one hour.
The FHWA has translated the average 20-minute lane blockage into a monetary
figure to show how freeway incidents directly affect the national economy. If
one lane of a three-lane freeway is blocked for 20 minutesassuming the
freeway is running at capacitythe delay caused to motorists will exceed
1,200 vehicle hours. At the FHWA-assigned value of $4.00 per hour for each
vehicle hour of delay, the cost of the incident due to the delay alone is
approximately $5,000.
The goal of FIM, in addition to saving lives and property, is to minimize the
effects of such incidents on traffic congestion and reduce the possibility of
secondary incidents.
This can be accomplished by the following:
What Is An Incident?
An incident that causes significant delay on a freeway can be as simple as a
disabled vehicle in a traffic lane or on a shoulder. It can be a lost piece of
lumber from a truck that causes motorists to change lanes suddenly. Such minor
incidents, if detected promptly, can be cleared rapidly with little residual
affect on peak-use traffic.
Major freeway incidents on the other hand, generally include:
Such incidents result in delay, inconvenience, wasted fuel, frustration, and
higher costs to motorists. Stopped traffic can create secondary motor vehicle
crashes. Local streets can become gridlocked by motorists trying to avoid the
incident scene.
What Can Be Done?
No single agency can effectively respond to and clear a major traffic incident.
Traditionally, the agencies charged for the motor vehicle crash clearance are
police, fire, and rescue services, and either public or private wrecker
companies. If structural damage is done as a result of the incident, the local
and state Department of Transportation (DOT) is called to respond, generally
after the other agencies have cleared the scene.
With FIM, many other agencies can be involved. Acting together, these agencies
can reduce the total time to resolve and remove incidents by more than 50
percent. Agencies and services that should be an integral part of planning for
and responding to freeway incidents include; the state police and law enforcement agencies
having jurisdiction over surrounding areas, the state DOT, local transportation
agencies, large and small rig wrecker companies, emergency medical services,
fire departments, local media representatives, local traffic reporters, the
Department of Public Works, traffic engineers, and public and private safety
service patrols.
In the past, tasks were accomplished sequentially at a crash site: The police
would secure the area around the incident, rescue personnel would work at
rendering aid and removing victims, the police would investigate the crash and
finally, wreckers would be called to tow the disabled vehicles. After the
incident was cleared, DOT officials would be notified of downed signs or
missing guard rails.
At each stage of the incident, responding emergency vehicles would arrive and
park wherever the operator could find an open space. The result was a mixture
of emergency vehicles often blocking each other for long periods of time, even
when some vehicles were no longer needed.
Creating An FIM Plan
The first step is to examine the locality's needs. Whether an area is highly
urbanized, with recurring traffic congestion, or rural, with traffic problems
occurring only during major incidents, will determine the focus and extent of
planning for freeway incidents.
The second step is to identify those public and private resources available to
the locality that have a vested interest in transportation planning and safety.
Once these various agencies and services are identified, a request is made for
each to supply a command-level person to attend an initial conference.
The focus of the first meeting is on consensus building and deter-mining that
traffic incidents are a problem and that, by acting in concert, time-saving
policies can be implemented within each agency.
During the next phase, a working group is established to identify tasks,
resources, and existing capabilities of each entity focusing particularly on
jurisdiction, agency perspective and responsibilities, interagency field
communication, administrative coordination among agencies, legal ramifications,
site management, political sensitivity, consensus building and goal setting.
In these early stages, the group determines how best to use existing resources
to improve detection, verification, response, clearance, and recovery of
freeway incidents. To assist states and localities in accomplishing these
tasks, the FHWA makes available a four-hour upper management overview and a
two-day workshop for practitioners, detailing step-by-step methods to create
and implement FIM plans and response teams. You can access these services by
contacting your FHWA state coordinator.
System Components
Freeway Incident Management can be broken down into seven components:
pre-planning, detection and verification, response time, site management,
clearance time, motorists' information, and recovery time.
1. Planning
Management of an incident and the surrounding traffic problems is a
team effort, and each agency has a specific role to play. Planning minimizes
on-scene conflict and confusion, as well as redundant requests for additional
services.
2. Detection and Verification
3. Response Time
Training of all personnel of the agencies involved in incident
management creates a greater awareness of each individual's role in incident
clearance. When properly trained, workers know what their tasks will be and can
begin executing activities in accordance with the FIM plan for the specific
incident.A direct correlation exists between effective interagency communications and
reduced response time. Transportation offi-cials must be able to communicate
with police or fire/rescue personnel on the scene to determine the correct
response. Radio or cellular telephones can be used to relay response
information to avoid delay, or make detailed requests for specific equipment
and personnel from other agencies. Communications is particularly important
when planned alternate routes must be modified due to construction or incident
events (such as chemical fumes passing from incident site to alternate
route).
Each local FIM planning team should consider pre-staged equip-ment storage
areas, administrative traffic management teams, public education programs,
central information, processing and control sites, and better identification of
exact locations on freeways (more frequent mile-post markers, for example).
Like other facets of FIM, these must be evaluated as to cost, practicality,
frequency of use, and overall benefit. Each planning team must select the
options that work best in its locality, implement the procedures, and refine
their use.
3. Site Management
5. Clearance Time
6. Motorist Information
There are many means by which motorists can be advised of the nature of the
problem, alternate routes, and any specific instructions. Some examples include
commercial radio stations, fixed and portable variable message boards, detour
route signs, highway advisory radio systems, and vehicle-mounted public address
units.
7. Recovery Time
Public and media criticisms of the incident should also be exa-mined. News
articles, editorials and letters to the editor or to politicians will identify
the perceived strengths or weakness of the response. The team must review all
these sources, honestly evaluate the group effort, and modify the plan as
necessary.
With the Intermodal Surface Transportation Efficiency Act of 1991, resources
from FHWA and NHTSA are available for states and localities to create incident
management plans and teams.
or more information on a step-by-step approach to incident management systems,
ontact David Hellman, Federal Highway Administration, Room 6311, Nassiff
uilding, 400 Seventh St., SW, Washington DC 20590, regarding the FHWA
orkshop, Relieving Congestion Through Incident Management,
emon-stration Project 86.
Incident Command System
An issue for law enforcement is knowing how to manage frequent, complex
emergency incidents effectively while avoiding the problems associated with
past responses. The National Interagency Incident Management System (NIIMS) and
its on-scene management component, the Incident Command System (ICS), offer the
greatest potential for law enforcement application.
Genesis of the System
The ICS and its successor, the NIIMS, evolved from FIRESCOPE, a project in
Southern California organized for potential emergencies in the early 1970s. A
series of wild-land fires in 1970 in a seven-county area made it apparent that
federal, state and local jurisdictions had no management mechanism or resources
to allow effective response to wildfire emergencies, which recognize no
jurisdictional boundaries. Funded by the United States Congress, FIRESCOPE was
chartered to assist Southern California fire service agencies in multi-agency
coordination of emergencies involving multiple jurisdictions and exceeding a
single jurisdiction's capabilities. The project developed two interrelated and
independent systems, the ICS and the Multi-Agency Coordination System (MACS).
ICS operates on both conceptual and operational levels. At the conceptual
level, it represents agreement on common organization and terminology for
multi-agency personnel to manage resources and activities efficiently at
incidents involving two or more emer-gency response agencies. ICS encompasses
not only fire emergencies but all natural and technological emergencies, from
earthquakes to hazardous materials transportation incidents and civil
disturbances. ICS works with, and parallel to, the MACS in defining and
focusing information collection, processing and distributing resulting data,
and identifying related human and material resource needs. Its effectiveness
depends on voluntarily accepting its terminology and concepts into the daily
operation of each agency, from handling of routine, single-agency incidents to
complex, multi-agency operations.
Multi-Agency Coordination System
MACS is a coordinating process involving top agency managers. It integrates the
collection, processing, and dissemination of information necessary in
multi-agency operations, and provides for rapid allocation of required
resources during major incidents.
National Interagency Incident Management System
The NIIMS, which became operational in 1982, evolved from and built upon the
systems developed from the FIRESCOPE project. Publications providing
explanations and details of the system are available from the National Fire
Academy in Emmetsburg, Maryland.
Operational Characteristics
The ICS was developed and designed to meet a number of criteria critical to
effective incident management, including the capability to provide for single
jurisdiction/single agency involvements; single jurisdiction/multiple agency
involvements; and multi-jurisdiction/ multiple agency involvement. The
organizational structure is adaptable to any emergency or incident, is
applicable and acceptable to emergency responders throughout the country, and
readily adaptable to new technology. It provides the ability to expand an
operation logically from a single-unit response on up,
with common elements and organization, terminology, and procedures. It
can be implemented with the least possible disruption to existing systems.
ICS consists of eight components utilized interactively. These components
include common terminology, modular organization, integrated communications,
unified command structure, consoli-dated action plans, manageable span of
control, predesignated incident facilities, and comprehensive resources management.
ICS consists of five major functional areas: command, operations, planning,
logistics, and finance/administration. Through these major functions and
subordinate functions in each category, the incident commander has all the
management tools necessary to handle any size or type of emergency.
Law Enforcement Application
ICS is readily adaptable to law enforcement and other emergency response
disciplines. Since its adaptation by the San Bernardino, California Sheriffs
Department in the early 1980s, law enforcement agencies began recognizing its
value in managing police emergencies. It was successfully used to manage the
July 1989 DC-10 airliner crash in Sioux City, Iowa, and the October 1989 Loma
Prieta earthquake in California.
In the Sioux City incident, which resulted in over 100 deaths and numerous
injuries, rescue operation supervisors claimed that one of the most important
factors contributing to the successful management of this emergency was the use
of an ICS.
During the Loma Prieta earthquake, which affected a significant area from
Oakland to Santa Cruz some 75 miles to the south, emergency crews began to
respond from hundreds of miles away, many without any type of formal request.
The ICS system was integral to managing this massive disaster response, as a
planned procedure in some jurisdictions and conceptually in others. It provided
a more organized and systematic structure for the management of the large
volume of resources that assembled for the incident. Many jurisdictions
operated under the ICS unified command structure,
while law enforcement, the fire service, and other
emergency response disciplines shared management responsibility for emergency
operations.
Adaptation and Training
The key to the success of law enforcement ICS is the ability to modify and
adapt the system to regional and law enforcement needs while keeping it
completely compatible with the fire service. For effective and efficient
operations to occur, the management mechanism of major emergency response
disciplines (fire, law enforcement, EMS, and transportation departments) must
have readily interchangeable and recognizable components and terminology.
Unlike the fire service, which is likely to have a company officer and several
firefighters responding to an incident on a given piece of apparatus, law
enforcement response generally consists of a single officer/single patrol unit.
This reduced manpower situation requires the initial police responder to
perform both command and tactical functions (in a simple motor vehicle
accident, this would be overall management and investigation), unlike the fire
service response, whereby the company officer assumes command and subordinate
personnel perform the tactical functions. To adapt the ICS system successfully,
police personnel must be trained and ICS must be integrated into daily
operations.
The effectiveness of ICS training increases when an integrated approach
involves regional law enforcement agencies and representatives of other
emergency disciplines. This enhances closer working relationships and on-scene
coordination and cooperation. Training conducted by the Massachusetts State
Police includes not only state police supervisors but also representatives from
other law enforcement agencies, the Massachusetts Department of Transportation
and Turnpike Authority, representatives of towing associations, Port Authority
supervisors, and representatives of other emergency response providers.
Interagency relations have been improved, and the concept of teamwork, vital to
the management of complex incidents, has been established and reinforced.
Traffic Management and ICS
Typical traffic incidents consist of disabled vehicles, accidents, or load
spillages. They are a major cause of traffic congestion. The FHWA estimates
that the nation loses 1.3 billion vehicle-hours of delay due to incident
congestion each year, at a loss of nearly 10 billion dollars. This figure does
not take into consideration the economic cost of wasted fuel and environmental
damage by vehicles idling in incident-related queues. Congestion can be
minimized by clearing incidents as quickly as possible and diverting traffic
before vehicles are caught in the incident queue. The time saved by an ICS
program depends on how well the four stages of an incidentdetection and
verification, response, clearance, and recoveryare managed.
The ICS is the most effective and efficient on-scene management process
available to law enforcement agencies today. It is particularly applicable to
the response, clearance and recovery stages of traffic incident management. Its
concepts of initial scene control and management, integrated operations, and
teamwork approach result in reduced clearance times for traffic incidents of
all types. This reduction mitigates the effects of traffic congestion at the
incident site. Major traffic accidents and hazardous material spills require
the participation and expertise of numerous emergency response disciplines. ICS
provides a mechanism for these disciplines to work together in an integrated
and coordinated manner, toward a shared goal of rapid incident clearance.
ICS As An All-Risk System
In addition to its effectiveness at highway transportation incidents, the ICS
has evolved into an all-risk management process for all types of emergencies
and all law enforcement activities. Response to the natural and technological
disasters, civil disturbances, security and crowd control details, and the
entire gamut of law enforcement activities can be managed through the ICS
implementation and use. The ICS is a widely accepted tool among law enforcement
agencies because it is logical and easy to implement yet still compatible with
the ICS utilized by fire and other primary emergency response disciplines. It has
been accepted and endorsed by the IACP Highway Safety Advisory Committee as the
preferred method of handling major highway emergencies.
Abandoned Vehicles and Shoulder Collisions
Each year, thousands of vehicles break down and are left abandoned on highway
shoulders. Law enforcement officers have long considered these abandoned
vehicles as traffic hazards, regardless of how far off the road or how short a
time they are allowed to remain. If the Washington State Patrol had its way,
any abandoned vehicle would be defined as a traffic hazard. Although this
position may sound extreme to the motorist who runs out of gas on the way to
work, it is not without good cause.
Over a ten-year period, Washington State experienced more than 3,000 collisions
involving abandoned vehiclesresulting in 40 deaths, 1,774 injuries and
nearly 36 million dollars in economic loss. Police efforts to remove these
vehicles have been hampered by the issue of property rights, weak impound
legislation, and a general resistance on the part of the courts and the public
to recognize abandoned vehicles as traffic hazards.
Overview
The Washington State Department of Transportation has stated, Millions of
dollars are spent each year to make highways safer and the roadside features
more forgiving to errant drivers. Why, then, do we tolerate parked or abandoned
vehicles to remain along our highways for extended periods of time? We have
designed standards that require a 'clear zone' on limited access highways.
Nothing can be placed in this zone without providing protection to the motorist
in the form of a guardrail, barrier, crash cushions, or break-away supports.
Yet, we allow heavy vehicles to stand a few feet or even inches from the
traveled lanes.
The prompt removal of abandoned vehicles is necessary in the interest of
traffic safety; however, because removal involves a tow bill for the vehicle's
owner, the issue has always been controversial.
A motorist who runs out of gas and is going to return in
a few hours becomes upset to learn that the police removed the vehicle and he
must now pay a tow company to recover the vehicle. Yet the same motorist who
balks at paying the tow bill is first in line to file a claim against the state
for failure to protect when he discovers his vehicle has been
vandalized, stolen, or damaged.
In Washington, state law allows a 24-hour grace period for vehicles stopped
along the roadway before they are deemed to be a traffic hazard. Although
several state laws forbid such stopping and standing, this rule clouds the
issue.
The Washington State Supreme Court supported abandoned vehicle impoundment when
it ruled that police impounds were appropriate as a part of a police
community caretaking function, if the removal of the vehicle was
necessary in that it was abandoned, impeded traffic, or posed a threat to
public safety and convenience. Even with this judicial support, however,
resistance has persisted in the lower courts. When an officer makes a decision
to impound, the agency risks paying the tow bill. In one year alone, the
Washington State Patrol paid more than $21,000 for 160 tow bills at the
direction of the courts.
The Washington State Patrol has explored the relationship between aggressive
impound policies and shoulder collision rates. In 1985, the impound policy was
more lenient in response to public pressure and judicial rulings. In 1986, a
more aggressive policy encouraged impoundment if the trooper judged a vehicle
to be a traffic hazard. Shoulder collision rates in three counties in the Puget
Sound metropolitan area decreased 18.3 percent by the end of the year.
Problem Areas Identified
To document the problem of abandoned vehicles, the Washington State Patrol
conducted a study focusing on four areas of concern:
Analysis quickly identified three problem areas in analyzing interstate
shoulder collision data over a nine-year period:
The study recommended a two-hour impound policy for all abandoned vehicles on
limited access highways where the speed limit was 55 mph or less, and four
hours for all other limited access highways. It also suggested urban areas
should post restric-tive signs advising that abandoned vehicles were subject to
impound.
Following the study, the state Department of Transportation looked at the
shoulder collision problem again and found that, over a 7-year period, 3,165
shoulder collisions had occurred on interstate,
limited access, or other state highways; 57 percent of them occurred in
urban areas, 43 percent in rural areas. Additionally, 55 percent occurred at
night. These collisions caused 40 deaths and 1,774 injuries. These findings
reinforced the need to remove abandoned vehicles in all areas, urban and rural,
day and night.
Determining Impound Policies
When considering any state's liability in determining impound policies, a
catch-22 situation clearly arises. If vehicles are promptly
impounded, the accident potential is reduced, but the state's likelihood of
paying a contested tow bill increases. If vehicles are not promptly removed and
are vandalized or struck, the state's liability is even greater when the
relatively small cost of a tow bill is compared with potentially large costs of
wrongful death or serious injury lawsuits. One wrongful death award can cost
the state much more than paying hundreds of $100 toll bills.
Police departments who patrol high-speed highways should choose the most
aggressive impound policy that is legal, in order to protect the public
interest and reduce liability. An aggressive public information campaign can
help raise awareness of the abandoned vehicle problem. Additionally, law
enforcement agen-cies should lobby their legislatures to request changes to
eliminate length grace periods contained in motor vehicle codes.
Agencies that fail to develop and enforce impound policies may face
court-imposed costs, and shoulder collision rates likely will rise, thereby
increasing the agencys potential liability. It is hoped that sufficient
evidence is now available to convince court officials, the public, and police
administrators that vehicles abandoned anywhere upon highway right-of-ways are
hazardous to the public safety.
Law enforcement agencies throughout the country are plagued with rest area
crimes. These crimes irritate and annoy the public, make them fearful, and
frequently harm tourism.
The first step in attacking the problem is to determine the crime problem, its
location, and extent and to identify or profile the people causing these
crimes.
Developing a Plan
To develop a plan to eliminate rest area crime, law enforcement must coordinate
efforts with other agencies, such as the DOT or the Department of Parks and
Resources, that manage the rest areas. It is important to elicit the opinions
and support of the officers on patrol and the personnel of these other
agencies. We should consider multiple concepts to eliminate crime, including
the installation of signs, rest area maintenance, officer and citizen awareness
campaigns, and enforcement. Goals and objectives should be set for any plan and
should correspond with the police department's mission and goals.
Crimes occurring in rest areas include prostitution, homosexual activity,
vandalism, thefts of abandoned vehicles, open-air drug markets, panhandling,
vagrancy, car jacking, and car-clouting.
Establishing Operational Procedures
When a plan has been devised, the department needs to establish the operational
procedures to carry it out. One of the first steps is to set up a covert
surveillance in order to determine the extent of the problem and the specific
behavior to be targeted. Typically, a covert surveillance will reveal such problems as an
extraordinary number of men cruising in cars or on foot and seeking sex with
other men. Often these men will be openly drinking or using narcotics in
public, exposing themselves, vandalizing the toilet areas with graffiti, and
cutting holes in toilet walls. Illicit sex acts, homeless persons using rest
areas for a place to live, and criminals lying in wait to commit a crime of
opportunity will soon be observed, along with their intended victims, the
motoring publictourists, travelers, and truck drivers who use the rest
areas for their intended purposes.
Once information is obtained from covert surveillance, it is best to solicit
volunteer officers to perform an undercover enforcement operation. Planning
should go into such areas as the type of clothing undercover officers will
wear; the number and location of backup officers and when they will be
deployed; various communications signals and emergency signals; the role of the
supervisor; tactics to be used in contacting subjects, arrest procedures
including bookings, transportation, and issuing citations; providing undercover
officers with false identification, tactics and strategies; notification of
patrol commanders and working units that an undercover operation is in
progress; subtle identification means undercover officers can use to identify
themselves to on-duty officers; and any necessary equipment for the
operation.
Training Requirements
The most important step prior to implementing a rest area enforcement operation
is training all the persons involved. This training should focus on the laws to
be enforced (elements of the crime), descriptions/profiles of targeted
individuals, areas, and crimes, communications procedures, equipment use, and
guidelines for arrest, supervision, and operational procedures.
Implementing the Operation
Immediately prior to beginning the operation, all involved officers should be
gathered for a thorough briefing and be identified to one another. Any
equipment, such as a surveillance van and video, should be checked to ensure it
is in proper working condition. The laws of arrest and entrapment and preferred
methods of making an arrest while out of uniform should be reviewed.
Typically, arrests will be made for such offenses as patronizing a prostitute,
public indecency, possession of a controlled substance, minors in possession of
alcohol, possession of drug paraphernalia, open containers of alcohol in a
motor vehicle, DUI, and other traffic offenses.
Critique Procedures
Following each shift and at the conclusion of the operation, a critique should
be held for not only the officers and their supervisors but also other agencies
involved, such as the DOT and the Fish and Wildlife Service. Participants
should brainstorm on how the operation worked and how it can be improved. All
participants should have an opportunity to express their ideas.
Collection and Analysis of Data
Reporting procedures should be established at the beginning of the operation
and carefully followed. Data should be input and analyzed to determine the
effectiveness of the operation and to defend against possible later public
criticism.
Monitoring Rest Areas for Further Problems
Once covert operations have ceased, officers on routine patrol, as well as DOT
employees and others, should be impressed with the necessity for continued
monitoring of the rest areas and notifying supervisors if illegal activities
reappear. A brief, intensive period of enforcement will have a halo
effect for a few weeks or months, but unless the operation is repeated from
time to time, the problems will reappear.
What Departments Have Learned
Some departments, such as the Washington State Patrol, have had great success
in implementing rest area enforcement operations. A great deal can be learned
from the experience of these agencies. Some of the things that the Washington
State Patrol identified include the following:
Organizing the Detail
In a busy rest area, it is advisable to have as many as six officers on an
assignment, set up in teams, with each team assigned with a decoy and
surveillance person. The surveillance person is responsible for keeping all of
the members aware of the decoy's whereabouts and activities at all times. A
marked unit, if available, would be assigned to the program to provide
transportation to jail for those arrested. If an extra marked unit is not
available, then nearby officers should be notified of the operation, and a
marked unit called to assist in booking suspects. Because of the wide use of
police radio scanners, officers must be extremely circumspect in radio
transmissions affecting the operation.
With a six-person team, one officer is given the assignment of being a decoy
and allowing men to approach him and discuss sex, while three additional
officers, a detective, and a supervisor provide surveillance and look for other
crimes.
The decoy, during his conversation with suspects, tells them that he charges
for his servicesthat he only plays for pay. When an offer of
a specific sex act with an agreement for a fee is reached, the suspect is
arrested for prostitution. The decoy may or may not allow the suspect to touch
him, and, if he does so, only the arm, shoulder, or leg area should be touched.
Officers playing the role of decoy should not allow themselves to be touched in
the area of the groin or buttocks.
Decoys should tell suspects who try to touch them that they do not allow
themselves to be touched prior to payment. If touched in the groin area, they
should immediately tell the suspect to stop. If the suspect continues, he
should be arrested for assault or a similar offense that prohibits unprivileged
physical contact.
Unit members not playing the role of decoy should be told to arrest anyone who
touches them in the groin area or anywhere they do not want to be touched,
especially while using the toilet facilities or areas where it is known that
sexual practices occur.
Supervisors should review each arrest and determine whether or not the
officer has probable cause to book the suspect or issue a citation and release
the individual on a written promise to appear.
Information on arrests should be logged into a computerized program, and as a
suspect goes through the court system, the arresting officer should be notified
of the case disposition, which is then added to the computer file.
Each officer assigned to surveil a decoy should be equipped with a portable
radio that communicates with the other officers and the command post. Each
decoy should have a pre-arranged signal to alert the surveillance officer and
others when an arrest is to be made. The surveillance officer is responsible
for keeping super-visors and others aware of the decoy's whereabouts at all
times.
Media Coverage
Departments should not overlook the advantages to be gained by effective media
coverage of efforts to clean up rest areas. At the same time, a department
contemplating such a program must be aware it is absolutely essential to
conduct it in such a manner that does not penalize persons for lifestyle
choices but, rather, focuses on illegal sexual behavior that is harmful to the
community.
Preventing Wrong-Way Accidents on Freeways
In some localities, many serious accidents result from wrong-way driving on
freeways, and the prevention of these violations becomes an important public
safety issue.
According to a report issued by the California Department of Transportation's
Division of Traffic Operations, half of the wrong-way driving on freeways
results from deliberate, illegal U-turns. Measures taken to improve ramp
operation would not affect this half of the wrong-way problem.
For the other half, none of the physical barriers tested to date appear
appropriate. Methods other than physical barriers have, however, proved helpful
in decreasing incidents of wrong-way driving.
Effective Treatments
Effective treatments include repainting or adding wrong-way pavement arrows;
reorienting, moving, or adding wrong-way sign packages; modifying the
trail-blazing freeway entrance packages; placing edge lines in pavement
markings; upgrading signs of high-intensity reflective sheeting; and modifying
lighting.
Occasionally, more extensive measures can be used to solve the problem at
unique locations, including airport-type pavement lights, modifying the design
of ramp terminals, and adding ramps to incomplete interchanges.
Important to note is that three-quarters of the fatal wrong-way accidents are
caused by drivers involved with alcohol or drugs. This fact presents a
difficult challenge in terms of developing appropriate engineering solutions.
Additional wrong-way pavement arrows may be beneficial. The use of
larger Do not enter signs may be considered if an off-ramp
continues to have a problem.
Larger, highly reflective signs may be helpful for confused or elderly drivers.
Using red pavement lights activated by wrong-way drivers may be considered at
locations where traditional treatment is not effective. The condition of
wrong-way signing packages at off-ramps and directional signs is important.
Always consider the option of using a second set of wrong-way and Do not
enter signs and wrong-way arrows farther along an off-ramp. The option of
using additional signs and markings on selected ramps may give drivers a second
chance to realize that they are headed the wrong way before they enter the
freeway.
Results of Studies
Because wrong-way accidents are tragic, they have been under intensive study by
the California Department of Transportation for over 30 years. Wrong-way fatal
crashes account for about three percent of the fatal crashes on California
freeways, and about 5 percent of the fatalities.
Remedial Measures Taken
Wrong-way signs and 24-foot white wrong-way pavement arrows have been developed
and installed on many of California's freeways. White-on-green freeway entrance
signs at either side of on-ramp entrances have also been posted to aid
motorists in finding the correct way onto the freeway. Further studies on
wrong-way sign colors indicate that white-on-red is seen the earliest of any
color; thus, the Do not enter and the Wrong way signs
should both be red and white. In fact, these signs and pavement arrows were
adopted as a national standard in 1967 in the Manual of Uniform Traffic Control
Devices.
Do not enter signs should be located low enough for good
visibility to the headlights of vehicles entering the wrong way.
Camera surveillance reveals that the most effective corrections for wrong-way
movements include the installation of freeway entrance signs at on-ramps, and
Do not enter and Wrong way signs at off-ramps; posting
supplementary trail-blazing signs and extra lighting at on-ramps; reducing the
off-ramp throat opening, and eliminating the free right turn from the
off-ramp.
More than half the fatal and injury crashes occur at locations where sight
distance is less than 1,200 feet on mainline freeway lines. A few types of
ramps and interchanges, such as the cul-de-sac, buttonhook, trumpet, and
two-leaf clover have a greater number of wrong-way accidents than other types.
Also, left-hand off-ramps can appear to be on-ramps to the wrong-way driver and
should be avoided during design and construction.
California has installed red-backed reflective pavement markers on the lane
lines on freeways, and the Department of Motor Vehicles has educated the public
to the concept that the driver who sees red reflectors is going the wrong way.
Because these reflectors have proven to be of limited value with drunk drivers,
they are now installed only in the vicinity of off-ramps as a secondary
treatment.
Parking lot spike barriers have been tested to determine if they could be used
at off-ramps to stop vehicles from entering the wrong way; however, they were
found unsuitable. The spikes, even when modified in shape, would not cause
tires to deflate quickly enough to prevent a vehicle from entering the freeway.
Under high-volume traffic the spikes broke, leaving stubs that would damage the
tires of right-way vehicles. It was believed that some right-way drivers, upon
seeing the spiked barriers, would hit their brakes and create a hazardous
situation.
California designed movable gates to bar traffic from high occupancy vehicle
lanes. The gates are designed to stop even the heaviest vehicle; however, they
take approximately 20 seconds to lower or raisefar too slow for a
wrong-way vehicle entering a ramp. With the present state of the art, gates are
not appropriate for retaining a wrong-way vehicle.
Georgia has tested a pump-up device that presents a physical curb-like
barrier to the wrong-way driver, but it was found unsuitable for reasons
similar to those of the spike barriers.
California tried adding horns and flashing red lights over the wrong-way signs,
but these were found to be ineffective and drew complaints from neighbors.
One device that did show promise was red, airport-type pavement lights,
embedded in the pavement across an off-ramp, activated by wrong-way vehicles.
These were shown by camera monitoring to reduce further wrong-way entries.
About half of the wrong-way drivers at these ramps braked before reaching the
wrong-way sign. Nearly half continued past the signs but braked before the
pavement lights. Some, however, continued past the pavement lights and went out
of view of the camera.
A check of the driving records of typical wrong-way drivers indicate that they
have received more traffic violations and felony convictions and have been
involved in considerably more accidents of all types than the average motorist.
The majority of wrong-way drivers were male. Another complicating
characteristic is that many make intentional U-turns on freewaysthey do
not enter via an off-ramp. Nearly half of the wrong-way crashes are caused by
U-turns, and half from wrong-way entries via off-ramps.
12-1-39 Field reviews must be conducted by transportation officials to make
sure that signs and markings at these locations are in good repair, and that
there are no conditions which could mislead drivers.
High-intensity reflective sheeting for signs can be adopted for wrong-way and
freeway entrance sign replacements and upgrades. Using larger signs also
provides more visibility, especially for elderly drivers. Thermal plastic
pavement wrong-way arrows can be installed. They have high reflectivity and
great durability.
Synthetic materials have been developed for anti-theft signs in urban areas
with high instances of vandalism, motivated by the aluminum resale value. An
anti-graffiti coating has also been developed. Innovations in reflective
coatings continue to be made. The electronic system for pavement lights should
be carefully selected for its reliability under varying moisture conditions.
Wrong-way accidents show distinct patterns by time of day, a trend that may
have implications for directed patrol enforcement. These crashes peak at around
2 to 3 a.m., although this is more noticeable in the urban areas. The bars are
required by law to close at about this time. The higher traffic volume during
the day in urban areas probably depress the wrong-way crashes during these
hours. Urban areas have a much greater number of wrong-way crashes than rural
areas.
Enforcement Efforts
State police, highway patrol officers and local police can make a valuable
contribution in combating wrong-way driving.
Most vehicle codes contain provisions such as sobriety, turning movements, and
sign theft, which can be enforced to good advantage by the police.
Crash reports reveal that the typical wrong-way crash is caused by a driver who
is either driving under the influence of alcohol or drugs, or had been drinking
or consuming drugs. Various police programs can help remove these drivers from
the road.
One important program is the Sobriety Checkpoint program. Its aim is to
detect and remove drinking drivers from the road and to reduce alcohol-caused
collisions. In any state in which state law and appellate court decisions allow
the use of sobriety checkpoints, they should be seriously considered as a means
of preventing wrong-way accidents on freeways.
Highway-Rail Grade Crossing Safety
Police should not overlook intervening variables in traffic safety that can be
affected directly or indirectly by the private sector. For instance, railroads
maintain private roadbeds that intersect more than 160,000 public highways in
the United States. More than 5,000 collisions occur at these intersections each
year, resulting in almost 600 fatalities and 1,800 injuries. A motor
vehicle/train collision is many times more likely to produce fatalities than a
roadway collision.
Highway-rail grade crossing traffic enforcement should be given every
consideration in the aggressive pursuit of traffic safety. Collisions that
occur at these intersections usually are a result of motorist inattention or
impatience, which is especially apparent after observing motorist behavior at
these crossings.
Law Enforcement Liaison with Private Sector Traffic Safety Programs
The Federal Railroad Administration (FRA), using data provided by United States
railroads, maintain a detailed analysis that may prove beneficial to police
when conducting safety studies within their communities. By using this data in
conjunction with programs offered by the private sector, agencies can implement
effective enforcement strategies. Such programs are supported by federal and
state funds, such as the OOT (Officer on the Train) and GCCI (Grade Crossing
Collision Investigation) programs for police.
OOT is a highway-railroad grade crossing safety awareness program coordinated
through a national railroad safety program, Operation Lifesaver, which places
police officers aboard trains to radio traffic violations to other officers
strategically located at or near grade crossings. The selection of these sites
are based on previous collisions and traffic violations.
The GCCI course is a highway-railroad grade crossing safety awareness
program coordinated through the Operation Lifesaver program. Tailored to
specific law enforcement agency needs, the course usually lasts one to three
days and is provided at no cost to the agency.
Section 402 manpower funding may be available from the U.S. Department of
Transportation National Highway Traffic Safety Administration (NHTSA) for these
programs.
Operation Lifesaver is a nationwide, nonprofit public information and education
program dedicated to reducing crashes, injuries, and fatalities at highway-rail
grade crossings. You can obtain more information by contacting
Operation Lifesaver, Incorporated 1420 King Street, Suite 401 Alexandria, VA
22314 800-537-6224
Pedestrian Safety
After vehicle occupants, pedestrians represent the second largest category of
motor vehicle deaths. In a recent year, motor vehicle crashes claimed the lives
of 5,797 pedestrians in the United States. Approximately l00,000 more were
injured. Over a 12-year period, between 14 and 17 percent of all traffic deaths
annually have involved pedestrians.
The loss of human life and suffering caused by these crashes is a serious
national health problem. Each year, the economic cost of salary loss and
medical expenses also amounts to billions of dollars.
The federal government has designated pedestrian safety as one of the national
priority highway safety program areas. Pedestrian safety is a nationwide
concern, and effective countermeasures exist to address the problem. In order
to combat the problem, each law enforcement agency must take the initiative.
Reasons Behind Lax Enforcement
Although pedestrian safety has been identified at the federal level as a
serious problem, it may not be perceived as such at the state and local level.
Many communities are unaware of pedestrian safety issues or are forced to
overlook them because of budget constraints.
Law enforcement activity on pedestrian safety has been limited because of
several reasons. One of the biggest reasons is a significant lack of technical
information available to the law enforcement community. Some departments give
pedestrian law enforcement a low priority because of other demands, such as
violent crime, drug intervention, increased calls for service, or lack of
manpower. In these circumstances, concerned police agencies are faced with the
challenge of creating a demand for enforcement of pedestrian laws within their agencies or communities.
A police agency becomes more involved with pedestrian safety issues for a
variety of reasons, one of the most common of which is a local tragedy. The
publicity surrounding such an event often sends the community to the police for
leadership in solving what may be a pedestrian safety problem. Another reason
for police involvement is the identification of pedestrian issues through the
analysis of accident reports. Whatever the reason, it then becomes time for
someone within the agency to develop expertise in pedestrian safety issues.
Changing Attitudes and Behavior
As with other traffic safety programs, a pedestrian safety law enforcement
program requires using the 3-E (enforcement, education, and
engineering) approach. Changing pedestrian and motorist behaviors and
attitudes about pedestrian
safety is an ongoing process that requires an ongoing commitment. The
commitment will not take a great deal of time nor drain resources, but it will
demonstrate to the community that your police agency takes pedestrian safety
seriously. Other community organizations may be encouraged to follow your lead,
and together you can utilize community policing concepts to improve pedestrian
safety.
The Pedestrian Crash Picture
Children, the most inexperienced users of the road system, have nearly 43
percent of the pedestrian accidents although they comprise only 30 percent of
the population. Their resiliency to injury is probably the reason for the
disproportionate percentage of fatalities experienced by this age group. Of the
child pedestrian mishaps, 2.6 percent result in death.
Target Percent of Group Population Total Fatalities Crashes
The fact that working adults have years of experience using the road system may
explain why this group, comprising 60 percent of the population, has only 50
percent of the pedestrian crashes. The resiliency of youth fades in this group,
however, and it experiences a fatality rate equal to its population numbers. Of
the mishaps happening to working adults, 6.8 percent result in death.
Older adults have fewer mishaps than would be expected for the size of this age
group due to, perhaps, their many years of experience and a lowered use of the
road system. But a frailty factor likely operates here, and a large percentage
of these mishaps16.1 percent result in fatalities.
When pedestrians are involved in motor vehicle crashes, the results are
usually disastrous. Close to 6,000 pedestrians are killed each year in traffic
crashes, often the result of alcohol use by the pedestrian, the motorist, or
both, plus excessive speed by the motorist. These causes account for almost 15
percent of all annual fatalities.
Males account for about 70 percent of the pedestrian fatalities, making them
over-represented. The male pedestrian fatality rate is 3.24 per l00,000
populationmore than twice the rate for females.
Nearly the same number of pedestrians are killed on weekday days as on weekday
nights; however, weekend nights see almost twice as many pedestrian fatalities
as do weekend days.
Approximately 60 percent of pedestrian fatalities occur at night. Half of the
victims under 16 years of age are killed in crashes that occur between 3:00
p.m. and 7:00 p.m.
Seventy percent of the pedestrian fatalities occur in urban areas, and 82
percent of fatally injured pedestrians are at non-intersection locations.
People 65 years and older have the highest pedestrian fatality rates and are
more likely to sustain serious injury or death if struck by a motor vehicle.
They account for 18 percent of all pedestrian fatalities.
Twenty-eight percent of annual pedestrian fatalities involve children under the
age of five. Pedestrian mishaps are the single largest cause of death of
children ages 5-9 years. More than 25 percent of the traffic fatalities under
age 16 are pedestrians.
Alcohol involvement, either for the driver or pedestrian, is reported in more
than half of the motor vehicle crashes that result in pedestrian fatalities.
Nearly one-third of the pedestrians involved are intoxicated, with BAC levels
of 0.10 or greater. While the percentage of alcohol-related traffic accidents
involving drivers and passengers in motor vehicles has been steadily declining,
the percentage of alcohol-involved pedestrian accidents has remained relatively
constant.
Pedestrian Safety Programs
Commitment by the law enforcement agency's chief executive is essential to the
success of a pedestrian law enforcement program. Involving the community in the
planning and implementation of such a program is equally important.
The goals of a pedestrian safety law enforcement program are to have citizens
be aware of and comply with the pedestrian laws and to have police officers
enforce these laws.
It is only logical to have both the police and the community working together
on a program aimed at citizen behavior. Prob-ably no single organization has a
great deal of time to devote to pedestrian safety; however, by pooling
resources you can have a significant impact.
The method agencies use to train officers placed on traffic assign-ments
enhances the effectiveness of a pedestrian program. Recruit schools and traffic
commanders need to explain and emphasize the reasons why pedestrian law
enforcement is important. They need to sell their officers on enforcement by
using educational efforts.
Suggested training tools for educating police officers about pedestrian law
enforcement include using the same safety messages communicated to the general
public by television, radio, or brochures; placing articles about pedestrian
safety and enforcement concepts in police memos and bulletins; and developing
enforcement videotapes to be shown at roll call.
When issuing a citation to a pedestrian or motorist for a pedestrian
violation, officers should be encouraged to run a check on the violator's
license. The officer may find that the violator is a wanted criminal or is
driving on a suspended license. Officers will then see that they are not only
reducing the pedestrian problem but also responding to other crimes.
For traffic officers to enforce pedestrian laws and be dedicated to the
program, police supervisors must communicate their support and provide positive
reinforcement, and top management must trust its commitment.
Obstacles to Enforcement
Throughout the country, police agencies run into obstacles when trying to
enforce pedestrian laws. These obstacles include a lack of interest or
understanding, the severity of other law enforcement programs, insufficient
training or funding, weak laws governing impaired pedestrians, and inadequate
support from the judicial system, where many judges do not support efforts to
ticket pedestrian safety violators.
By decriminalizing public intoxication, lawmakers intended that public drunks
would be treated rather than punished. However, when that law changed and the
resources directed toward public health facilities for alcohol treatment never
materialized, police officers were left with no permissible law enforcement
response and no places to take public drunks. In some jurisdictions, the
increased emphasis on anti-DWI programs has led to more intoxicated persons on
foot and an increase in the number of alcohol-involved pedestrian crashes.
We can often remove some of the obstacles to pedestrian safety enforcement by
learning from the successes of other jurisdictions. Invite police officers or
commanders from other agencies to explain how pedestrian laws are enforced, and
how tickets are issued in their jurisdictions. Inform judges and prosecutors
about your program and the statistics concerning pedestrian crashes. Involve
members of the judicial system in planning your pedestrian law enforcement
program.
Planning to enforce pedestrian laws where they have not been enforced
before will only lead to resistance unless the public is educated beforehand.
The pedestrian safety program is effective only when it successfully integrates
enforcement, education, and engineering. Once a community has been educated
about pedes-trian safety and understands the importance of following the laws,
it is more likely to support a law enforcement program. Educational programs
can mobilize community support for pedestrian law enforcement, which is crucial
to its success. Ten years ago, people did not expect to be arrested for DWI and
if arrested, expected minimal punishment. Today, DWI is considered a serious
offense and carries serious penalties and a social stigma. The difference often
is attributed to organized public support and demand for enforcement from
groups like Mothers Against Drunk Driving (MADD).
Educating the public will change attitudes, improve skills, and increase
knowledge about pedestrian safety issues.
Pedestrian Education Issues
Some pedestrians dart out into the street without stopping or looking for
traffic, and others cross at intersections without checking for turning
traffic.
Pedestrians sometimes do not understand what flashing Don't walk
signals mean. They mean, Continue your trip but do not start if you have
not yet begun. Pedestrians often begin crossing the street as the
Don't walk signal is flashing, instead of waiting for the next
signal cycle. Some pedestrians also disregard crossing signals altogether and
cross the street when they think it is clear.
Pedestrians frequently do not realize the importance of being able to see
motorists as well as being seen by them. Some walk along the roadway in the
direction of traffic and cannot see traffic coming up behind them. Others walk
in the street or along the roadway at night without any reflective clothing.
Pedestrians are unaware of the dangers involved by stepping out of a vehicle
once it has been disabled. When pedestrians step out
of a car, they often walk too closely to the road. When they cross they
may misjudge the speed of oncoming vehicles, especially on high-speed
roadways.
Children do not perceive moving vehicles in the same way adults do. They
frequently lack the ability to judge the speed of oncoming vehicles.
Pedestrians crossing high-speed roadways or rural roads are often unable to
judge the speed of oncoming vehicles. Some pedestrians walk through parking
lots or pass driveways without looking for moving vehicles.
Crashes usually involve a behavioral error on the part of the pedestrian, the
motorist, or both. Motorists' behavioral errors can be seen in exceeding the
speed limit; failing to slow down when driving through residential areas in
which children are playing; and failing to reduce their speeds on city streets,
in shopping areas, or in the vicinity of crosswalks where pedestrians are
abundant. Many motorists turn without looking for pedestrians crossing their
paths, particularly in right-turn-on-red situations. They ignore the law
requiring them to yield or stop for pedestrians in crosswalks.
Motorists may back up without checking for pedestrians behind the vehicle, a
particular hazard for delivery trucks calling on house-holds. Also, motorists
may pass stopped vehicles, such as school buses, and thus endanger
pedestrians.
Properly planned and sustained enforcement programs and public education make
people adopt intelligent practices for both walking and driving. You can assist
by developing a public information campaign, with a media
packetcontaining information about pedestrian laws, high-risk behaviors,
accident statistics, and particularly dangerous intersections or areas of your
communityto be distributed to newspapers, radio, television, and
community bulletins.
Publicity EffortsA Necessity
Holding a media conference when pedestrian issues are more likely to gain
attention, such as when schools open or close, can be a particularly effective
time to kick off a pedestrian safety program.
Newspaper articles can be used to ask the public to identify the most
hazardous areas in the community for pedestrians. Active or retired officers
can provide public information at scheduled programs in local schools and
clubs.
Dispatching a brochure about pedestrian safety with all traffic citations and
written warnings is another effective method of educating the public. You may
also wish to consider including a survey about pedestrian safety as a means of
obtaining information about how much individuals know about this topic.
You can ask public transit agencies to include pedestrian safety advertisements
on the exteriors and interiors of their buses. Motor vehicle authorities should
be encouraged to include a section on pedestrian laws, rights, and obligations
on driver's tests, in driver education programs, and in violator schools.
In your educational efforts, personalize the issue by showing how a loved one
could be a pedestrian at risk. Victims' stories told from a point of view as
survivors are effective in such campaigns. Because most drivers also walk,
appeal to them from both perspectives. How do they behave toward pedestrians
when they are driving, and how do they expect a driver to behave toward them
when they are walking?
Utilities, banks, and other institutions and organizations can be
encouraged to include pedestrian safety information in monthly billings and
mailings. The state Motor Vehicle Division can be asked to include such
information with automobile registration and driver license renewal notices.
Senior citizen groups and youth groups such as the Boys Scouts can be used to
assist with mailing tasks.
Encouraging and supporting a pedestrian advocacy operation is also useful. When
preparing educational material, stress safety and not punishment. Inform
citizens about situations that can be dangerous for pedestrians, rather than
telling them about the jaywalking tickets they can receive.
A good idea is to integrate pedestrian safety with corporate health and traffic
safety programs, such as occupant protection, impaired driving, smoking
cessation, and weight control. Your message can reach many more people than it
would if you were doing it alone, and your limited funding and resources are
thus maximized for a greater impact.
Your pedestrian safety program will be much more effective if you gain the
support of government officials, community leaders, and organizations by
forming a pedestrian safety committee of individuals who have an interest in
traffic safety issues. Potential members can include representatives from
government, the Safety Council, the school system, media, automobile clubs,
youth, civic, and senior citizen organizations; traffic engineers; and hospital
or trauma center personnel. Networking with community groups is an excellent
method for obtaining citizen input as you develop and implement pedestrian
safety programs.
Cooperation with Engineers
Traffic engineering countermeasures can improve pedestrian safety by modifying
the physical environment. Solutions can range from painting crosswalks to
constructing pedestrian overpasses.
Engineering and enforcement interventions to improve safety can include
modification of stoplight signals to increase pedestrian
crossing time, new roadway markings to emphasize crosswalks, pedestrian
signals on median islands, oversized speed limit signs, and increased police
enforcement of the speed limit.
City planning departments should be made aware of pedestrian issues and
consider them when approving site plans. Typical urban problems, such as
traffic volume, limited resources, and crime, pose problems for pedestrians
that may not be addressed as a community grows.
Engineering factors regarding pedestrian safety should be integrated into the
community plans, including overhead cross-walks, sidewalks, marked crosswalks,
street lighting, shortened city blocks, and curb ramps for the disabled.
Strategies for High-Risk Populations
Specific pedestrian populations have been identified as being high-risk. They
are either over represented in pedestrian crashes, or they put themselves in
vulnerable positions as pedestrians. These high-risk individuals include older
adults, alcohol-impaired pedestrians, and children.
Increase enforcement in areas where there are high concentrations of older
adults. When pedestrians see officers ticketing violators, they will be more
law-abiding themselves.
Crossing guards can be assigned to high-concentration areas during peak times
or at designated times publicized to older adults. Placing crossing guards in
concentrated areas greatly reduces the opportunities for motorists to violate
pedestrian laws. Sometimes, volunteer crossing guards can be obtained through
organizations such as the AARP (American Association of Retired Persons) or
retired police officers' groups.
Determine where older pedestrians walk to shop, eat, or exercise, particularly
in areas with high concentrations of older adults, such as retirement
communities. The Department of Social Services or senior citizen centers can
help police departments identify such locations, as well as the times when
older adults are most likely to
be in high-traffic areas. Suggestions can be made to older adults about
the safest times to be pedestrians.
Many older pedestrians are killed while crossing legally in cross-walks. A high
rate of older pedestrian are involved in right-turn-on- red and left turn
crashes. Radio and television public service announcements, which reach a wide
audience, can stress messages aimed at older adults to make them more aware of
their limitations and adjust their driving and walking behaviors accordingly.
Video or slide presentations can be made to older adult organizations,
including church groups and social clubs, who are frequently eager to have
programs of interest presented to their members.
Mature motorists programs are available from the AARP and the American
Automobile Association. These training programs cover the issue of dealing with
back or neck problems that may interfere with an older driver's ability to
check for pedestrians before backing out of a driveway or parking space and
other issues, such as slowed response time, sensory deficiencies, mental
deficiencies, and other behavioral defects.
Inform traffic planners of the engineering needs for older adults. Offer
suggestions for countermeasures that will aid older adults: bigger signs; timed
push-button crossing lights to allow a longer pedestrian crossing time; refuge
islands to provide a safe haven for those unable to cross the street during one
pedestrian crossing signal cycle; high-visibility crosswalks with overhead
lighting, flashing lights, or reflectors to allow motorists and pedestrians to
see them better; delayed green lights on all-ways stop for motorists so that
pedestrians can cross in any direction or get a head start on crossing before
vehicles make their turn; and the construction of fences and barricades to
direct pedestrian flow to intersections and discourage mid-block crossings.
Alcohol-Impaired Pedestrians
Law enforcement options for handling intoxicated pedestrians are
limited now that public intoxication has been decriminalized. Education is the
best way to encourage pedestrians to look for alternate forms of transportation
when drinking. Your agency can also participate in legislative action to
criminalize walking while intoxicated.
The message to be communicated to the public is that intoxicated pedestrians
present a hazard to law-abiding motorists as well as to themselves. You can
develop a public service campaign addressing the relationship between alcohol
and pedestrian crashes, and expand public education about DWI to include the
risks of walking while intoxicated. Enlist the participation of anti-DWI groups
in a campaign to highlight the dangers to pedestrians caused by drunk drivers,
and of drunk pedestrians to themselves.
Campaigns can be developed to alert restaurant and bar industries to the
problems related to drinking and walking, especially if you involve the Alcohol
Beverage Control Board in your jurisdiction.
Child Pedestrians
Educational countermeasures are most effective with this age group. Enforcement
agencies can play a significant role from an educational perspective by
developing safety materials for parents; delivering training materials to
pre-school programs and day-care centers to train child providers to teach
children about traffic safety skills; developing programs for school crossing
guards to instruct children to identify and report maintenance problems such as
broken pedestrian lights or signs that need replacing; and developing
school-based educational programs on pedestrian traffic safety.
One simple initiative is the installation of a mechanical arm that swings out
ten feet in front of a school bus so that children must walk around it to cross
the street and will be more visible to the bus driver.
Other High-Risk Populations
Other populations at risk are pedestrians on high-speed roadways and tourists.
Convincing the highway engineering departments to construct overpasses and
barricades, so that pedestrians are prevented from crossing high-speed
roadways, can help reduce collisions in these locations. Distributing
information about the dangers of crossing high-speed roadways can also be
effective when they address vehicle distance and speed as well as alcohol
impairment problems.
Motorists need to be aware of the risks they take when they get out of disabled
cars on high-speed roadways. Pedestrians have been killed while standing in the
road wondering what to do, while working on their cars, or while attempting to
flag down assistance. It is extremely important to distribute information on
the dangers and safety precautions motorists should take when their vehicles
becomes disabled. Transportation departments should be encouraged to install
telephones along expressways so that pedestrians can call for vehicle
assistance, and to post signs instructing motorists what to do if their cars
break down.
Police can work with hotel and motel associations to develop public information
and education materials for tourists, including information on the dangers of
walking after drinking. Hotels and motels can be encouraged to distribute
pedestrian safety materials to guests as they arrive and to develop maps with
safe pedestrian routes. Pedestrian educational materials can be placed at rest
stops along interstates and can be included on, or attached to, state tourist
maps.
Construction Zone Safety
An enforcement program is the best approach to deal with the safety of
construction workers on high-speed roadways.
The Michigan State Police developed a program called Construction Zone Accident
Reduction (CZAR). It involved a pre-enforcement study period, an enforcement
period, and a post-enforcement study. Prior to any enforcement efforts, the study
indicated that cars averaged 56 mph in a posted 45 mph construc-tion zone.
Undertaking vigorous enforcement efforts, state police issued speeding tickets
during the times when construction workers were present. A post-enforcement
study indicated motorists had reduced their speed by an average of 8 mph.
In the state of Pennsylvania, a double fine is imposed for speeding in
construction zones. Signs describing the fine for each incremental speed
violation and the amount if doubled are posted to inform motorists of their
financial liability.
Federal Funds
Federal funds available to highway and traffic safety initiatives in states and
local areas are known as Section 402 funds. These formula grant program funds
are intended to aid the states in conducting approved highway safety programs,
under the direction of the governor's highway safety representative. City and
county government agencies are eligible for 402 grants to fund activities in
priority program areas such as occupant protection, police traffic services,
alcohol and other drug countermeasures, emergency medical service, traffic
records, motorcycle safety, and pedestrian/bicycle safety. For information on
these programs, contact your state governor's representative for highway
safety.
Federal funds are also available to conduct research, develop new technology,
and demonstrate new strategies and technology in the field of highway traffic
safety. Referred to as Section 403 funds, they are awarded through grants,
contracts, and cooperative agree-ments with state governments, universities,
and consultants.
Several other sources of federal funding are available for highway safety
strategies. These are incentive grants, awarded to states meeting certain
legislative and program requirements.
Section 153 funds are awarded to states that have safety belt and motorcycle
helmet use laws and that reach certain usage levels specified by law. Section
408 and 410 funds are awarded to states that have passed legislation such as
administrative license revocation, mandatory jail for repeat alcohol offenders, and lower
legal BAC content levels, and that have programs that control access to alcohol
by use, conduct sobriety checkpoints, and have self-sustaining alcohol
programs. For more information on any of these programs, contact your
governor's representative for high-way safety.
Available pedestrian safety materials include the AAA Traffic Safety Services
Catalog, published by the American Automobile Association, Traffic Safety
Department, 1000 AAA Drive, Heathrow, Florida, 32746; and the Pedestrian
Accident Reduction Guide, distributed by the National Highway Traffic Safety
Administration, NTS-23, 400 7th Street, S.W., Washington, D.C., 20590. The Walk
Alert Program Guide is published by the National Safety Council, 444 North
Michigan Avenue, Chicago, Illinois, 60611-3911. The National Safety Council
also produces a Watchful Willy Preschool Pedestrian Program aimed
at preschool children to modify behavior and increase safety awareness. The AAA
also produces a booklet entitled, Older Adult Pedestrian Safety, that gives
local communities guidelines for the development of programs that meet older
adult pedestrian safety problems. The National Safety Council has a similar
brochure entitled Walk Alert: Pedestrian Safety for Older Adults.
The National Association for the Education of Young Children, 1834 Connecticut
Avenue, N.W., Washington, D.C., 20009 has a program, entitled Walking in
Traffic Safely (WITS). This traffic education curriculum package for
young children, aged pre-school to six years old, is designed to teach them
about streets and cars. Any of these programs are yours for the asking.
Public Information and Education Programs
From the smallest police departments where the chief must handle formal public
relations efforts to larger municipal police and sheriffs' departments, state
police and highway patrols that have formal public relations units within their
organizations police everywhere need to tell their story. And nowhere is
this need more relevant or important than in the field of traffic and highway
safety.
In too many instances, the department's spokesperson may have little, if any,
training or experience, either in communicating with the media or in organizing
and managing an effective public relations campaign. Often the person in charge
of public relations may be at a loss to know what is expected of him, or where
to obtain assistance.
For many years, the National Highway Traffic Safety Administration (NHTSA) has
urged law enforcement agencies to establish comprehensive traffic safety
programs. One way to accomplish this with a public information and education
(PI&E) program that creates a perception of risk among the
public, so they will support proactive traffic enforcement. Public information
programs are needed not only to educate but also to keep the topic of traffic
safety before the media and, thus, the public.
Public Information
The public perception of the police is directly affected by the image you
portray. You can gain public understanding, support, and confidence with a
positive impression created through effective, ongoing contacts with the people
you serve. A positive climate for these relations between your officers and the
public can be fostered by successful media relations. In larger departments, a
person or a unit may be responsible for implementing a public information
program. However, even in a department where such
a unit is not possible, a good public information
program can be created. What is needed is a strong commitment by the head of
the agency to lead by example.
The task of public information consists of two important areas external
and internal information.
External public information informs the public of departmental activities,
develops good relations with the local media, performs traffic safety education
and community services, develops an effective liaison with the legislative and
judicial branches of government, and enhances overall department image.
Internal public information disseminates information on internal activities and
employee achievements to department employees.
Media Relations
Media relations is the most important tool at your disposal in your quest for a
good public affairs program. The majority of the public has no direct contact
with you. Their perceptions are greatly influenced by what they see, hear, and
read on television, radio, and in the newspapers. Positive publicity generates
positive opinion, and negative publicity can destroy what took years to
accomplish.
Too often, we fear close contact with the media, either because of an incident
in which we received unfair treatment, or as a result of a horror
story from a fellow officer. Sometimes, we react to such painful
experiences by withdrawing into a shell and refusing to cooperate or even talk
with the press. When we do this, we risk digging a hole for ourselves so deep
that it will take an unbelievable amount of work and determination to regain
public trust. Our programs suffer as a result of being unable to inform the
public adequately of what we are doing. Upon closer examination, we may find
that the negative repercussions could have been avoided if we handled the media
differently. Proactive media efforts can often identify a potential problem and
manage its probable outcome. Make media relations
a high priority in your department because, without them, effective
public relations programs are impossible.
Community Programs
Community programs are formal services that serve a demonstrated need within a
particular community or area. They are sponsored totally or partly by the law
enforcement agency and aimed at mitigating a particular problem, or advising a
segment of the population about a specific program. These activities can
include both crime prevention programs and traffic safety projects. Examples
are neighborhood watch, operation identification, DARE, rape and assault
prevention, child molestation prevention, bicycle safety programs, Halloween
safety, departmental appearances, tours, speaking presentations, and ride-along
programs.
Public Perception of Risk
The goal of traffic safety programs is to convince the public that violating
traffic laws leads to crashes, serious injury, or death. Too many people take
the use of vehicles for granted and think, It can't happen to me!
Effective PI&E programs address this perception of risk, to help the public
understand that the risk of dying or being seriously injured in a traffic crash
is real. They must be shown statistics that will convince them of this. A
comparison of traffic statistics to crime statistics will show that, although
people are more fearful of being the victim of a crime than being involved in a
crash, traffic crashes are violent events that are more likely to happen, even
in a high-crime area.
This same theory can be applied to enforcement strategies. Regardless of how
many violators your officers stop, the only people that will be aware of this
activity are those who are stopped or ticketed. To give the general population
the idea that, I might get caught, too, and thus secure additional
voluntary compliance with the traffic laws, you must introduce timely public
information with your enforcement efforts. For the same reason, highly visible
enforcement programs such as sobriety checkpoints, wolfpack patrols,
speed saturation, and occupant restraint and equipment checkpoints, have a
great deterrent effect as the public observes a number of police units in the
area.
Working With the Media
Public information officers must recognize and understand the needs and
requirements of the media and help the media understand the methods, policies,
and constraints governing law enforcement. Then the best possible image of the
department can be conveyed to the public, and the media can perform its primary
mission to educate and inform.
Newsworthy events occur almost hourly, many directly or indirectly involving
law enforcement. We may secretly believe the media has no business
investigating these police matters and should stay clear until they are told
differently by us; yet the media believes its responsibility is to inform the
public about every detail of a story it considers newsworthy. If an event
provokes media interest, the fact is that the story will go out, with or
without our help. Law enforcement needs the media as an ally, but the media
does not need us to do a storytheir existence doesn't depend on us.
The print media (newspapers and magazines) are more interested in the smaller
details of a story than television and radio reporters, who must tell the story
in a few seconds. However, newspapers, too, revolve around deadlines. Being
familiar with the deadlines of the various newspapers will help you time
releases to accommodate schedules, ease the workload of reporters, and help
your relationship with them. Despite the reporter's insistence, you may be able
to take time to prepare your response to certain news events.
Radio media operate 24 hours a day, just as we do, and constantly require
information from us. With stories introduced and updated around the clock,
deadlines seldom exist. Broadcasts, which are short and concise, do not require
a lot of detail. The desired format is a quick, factual release of the main
parts of the story. Be prepared to condense a release of information into a nine to
fifteen second time period to accommodate radio's format. Half the battle of
getting your story aired is minimizing editing by the station to fit it into
their time frame. A snappy, factual, and appropriately timed release that
requires little or no editing helps guarantee that your release will be
broadcast as is, with the facts you want included. It also eases the workload
of the station staff and helps your relationship with them. Radio has the
largest audience during the morning and evening commuter rush hours, and
requests for updates and comments will increase during those times.
Radio stations frequently request a taped phone interview for broadcast. Before
you comment, ask if you are being taped. Avoid personal opinionsremember,
you are representing the department. Feel free to ask a reporter, before the
taping starts, what questions they will be asking. If you make a mistake,
realize it and correct it, either by making the correction or retaping the
interview. The radio format is especially valuable for getting out traffic and emergency
information, such as detours, evacuations, and temporary parking restrictions.
Officers can also serve as guests on talk shows and provide information about
departmental activities.
The television media can be summed up by the old adage, A picture is
worth a thousand words. TV, like radio, must fit the story into a short,
concise package suitable for viewing. However, unlike radio, TV has fixed
deadlines, because time is required for editing and preparing raw video footage
of an incident or interviews to meet scheduled air times.
If you are being interviewed on camera, discuss the interview outline with the
reporter until you feel comfortable about it. If you know in advance, do some
research on the topic. It is possible to stop the cameras if you make a mistake
and tape that portion of the interview over.
As TV news crews have become more mobile, live television interviews at the
scene of an event are commonplace. Your officers in the field must be trained
to respond to these live requests.
Television, because it combines news with the impact of visual images,
can enhance your PI&E efforts. Use TV whenever it can help your efforts.
National News Media
Radio and TV network reporters and national wire services will descend on you
whenever you have news of more than local interesta riot, a public
demonstration, or even a severe storm. You must be prepared for this to
happen.
Good coordination is the key to dealing with the national media. Designate one
spokesperson or public information officer to do all the interviews if
possible. This avoids releasing conflicting information or making it look as
though you are hiding something. In disaster situations, designate a media
staging area where they can work and you can interface with them. Don't
overlook your local media simply because the national people are on the scene.
When the national attention goes away, you must face the local media 365 days a
year.
Public Service Announcements
Radio and TV stations broadcast public service announcements (PSAs). In
addition, many newspapers will print free public service ads as a community
service.
If you wish to use PSAs, remember that they are a form of advertising. Develop
them as an advertising agency would develop an advertisement or commercial.
They should have a theme, present a concise and easily understood message, and
be factual and entertaining. Sometimes, the use of a celebrity or radio or TV
professional as the voice over, or talking head, will help to get
your message across. If you produce your own PSAs, be sure they are of
broadcast or print quality, or you can be assured that they will not be used.
Frequently, a local advertising agency will assist
you, free of charge, as their own contribution to the public well-being.
Managing The Media
Learn, either by attending journalism or police-media courses or from a
friendly media representative, how to write a good news releaseone which
contains the who, what, why, when, where, and how in the first
paragraph and adds details of diminishing importance in subsequent paragraphs,
so it can be easily edited to fit the space available.
Get to know the names, addresses, phone and pager numbers of the movers and
shakers in your local media. Be accessible to them. If you send news releases
out, do not address them generically to the news desk, but send them to someone
you know. Top department officials should also develop friendly relationships
with managing editors, publishers, and those who set editorial policy. Have a
formal policy on handling the media, and consider
issuing press cards to bona-fide media representatives, to allow them
the closest possible access to a scene without disrupting operations or
destroying evidence. Regular meetings every few months between the department
management and media representa-tives provide both parties an opportunity to
break bread together and iron out any differences.
How to Obtain Further Information
NHTSA has a booklet entitled, Law Enforcement Public Information, as well as
examples of video and audio-taped PSAs, that is free for the asking. You can
obtain copies by contacting
Police Traffic Services Division (NTS-41) National Highway Traffic Safety
Administration 400 7th St., S.W. Washington, D.C. 20590
Uniformity and Reciprocity of Federal Programs
Currently, more than 170 million licensed drivers are driving about 188 million
vehicles over two trillion miles a year on our streets and highways. Our
efforts in highway safety have reduced the death rate to less than two deaths
per hundred million vehicle miles traveled. In the 1930s, the mileage death
rate was approximately 15.
The terrible loss of life on our streets and highways called for action, and a
group of visionaries in the 1920s and 1930s saw the need for highway safety
programs. Among these was the need for uniformity of traffic laws, and
reciprocal agreements between and among the states to improve the safety,
mobility, and efficiency of our roadway system.
The History of Reciprocity
The conceptual framework of reciprocity and uniformity was formalized in 1924,
when Secretary of Commerce and later U.S. President Herbert Hoover convened a
group of people to develop a national, rather than federal, set of proposed
laws. The purpose was to achieve uniformity from state to state and to enhance
both intrastate and interstate motor vehicle travel. Reasonable uniform-ity of
state motor vehicle laws would then establish a framework for interstate
reciprocity and the free flow of goods and people.
The Uniform Vehicle Code
Today, there is the National Committee on Uniform Traffic Laws and Ordinances
(NCUTLO) which has maintained the Uniform Vehicle Code (UVC) since 1926, when
the first edition was published. The first edition was what we now know as the
part of the UVC called the Rules of the Road.
Over the years, other chapters were added to the UVC. Everything was
combined in a single edition of the UVC shortly after World War II.
The NCUTLO is still active today in producing what is generally accepted as a
national guideline for uniform state traffic laws and local ordinances. The
code has been revised approximately every four years since 1926.
Interstate Compacts and Institutions
Over the past six or seven decades many individuals, organiza-tions, and
institutions have dedicated intellect, time, and funding to providing a safer,
more efficient highway transportation system.
Presidents Truman, Eisenhower, Kennedy, and Johnson established national
committees which became known as the Presidents Committees for Traffic
Highway Safety. Advisory groups were formed to establish action programs
ranging from accident records, laws and ordinances, driver licensing, police
traffic services, engineering, and public support and information, to research
and development. These programs, and the many dedicated people who worked on
them, soon recognized the need for coordination, balance, and comprehensive
concepts, which in later years became known as the systems
approach.
The U.S. Constitution provides that, before the various states can enter into a
compact, they must have the consent of the Congress. Representative Beamer saw
the need for consent ahead of time to encourage state compacts in the traffic
safety field. In 1958, the so-called Beamer Resolution passed
Congress, and gave permission for states to pursue such compacts. This
legislation resulted in the National Driver License Compact, the Non-Resident
Violator Compact, and the Motor Vehicle Safety Equipment Compact.
A number of institutions were established such as the Automotive Safety
Foundation, the Traffic Institute at Northwestern University, the American
Association of Motor Vehicle Administrators, the Traffic Division of the
International Association of Chiefs of Police (later to become the Highway
Safety Advisory Committee to the Institute for Traffic Engineering, the National Safety
Council, the American Association of State Highway Transporta-tion Officials
(formerly known as AASHO, now AASHTO), the Bureau of Public Roads of the
Department of Commerce (now the Federal Highway Administration of the U.S.
Department of Transportation), the Traffic Court Program of the American Bar
Association, the Safety Education Commission of the National Education
Association, and the American Automobile Association Motor Clubs.
The Federal Aid Highway Act
In 1956, the Federal Aid Highway Act was passed by Congress and signed by
President Eisenhower. This created the system of interstate and national
defense highways, and the Federal Highway Trust Fund. It also called for a
study of the federal role in highway safety. A document entitled The
Federal Role in Highway Safety was published several years later and
became one of the studies that influenced the landmark legislation in 1966
(Senate Resolution 3005, to provide for a national safety program for the
establishment of safety standards for motor vehicles and interstate commerce,
and Senate Resolution 3052) to provide for a coordinated national highway
safety program known as the Highway Safety Act of 1966. This act called for the
establishment of national standards. Eventually there were 18 program standards
which, in the view of some, have been diluted in recent years.
The National Highway Safety Bureau (later changed to the National
Highway Traffic Safety Administration) and the Federal Highway Administration
were established. Note the distinction of one being national and
the other federal.
The 1966 legislation was an expansion of the concepts of the 1956 Federal Aid
Highway Act. The Highway Safety Act called for statewide planning, focus of
responsibilities through the governor of each state, local planning and
participation, and funding mechanisms.
Relationship to Highway Safety Program Standards
Highway Safety Program Standard No. 6 calls for the elimination of all major
variations in traffic codes, laws and ordinances among the political
subdivisions of a state, in order to increase the compatibility of these
ordinances with a unified overall state policy on traffic safety codes and
laws, and to further the adoption of appropriate aspects of the Rules of the
Road section of the UVC among the states.
The standards section calls for each state to develop and implement a program
to achieve uniformity in traffic codes and laws throughout the state. The
program was to provide a plan to achieve uniform rules of the road in all of
its jurisdictions, and a plan to make the state's unified rules of the road
consistent with similar unified plans of other states. Additionally, it calls
for continuing comparisons of all state and local laws, statutes, and
ordinances with comparable versions of the Rules of the Road section of the
UVC.
For many years, several states did, in fact, make comparative studies with the
UVC, but very few, if any, go through this process today. For over 60 years,
the National Committee on Uniform Traffic Laws and Ordinances has encouraged
states to use the UVC to achieve and maintain reasonable and realistic uniform
traffic laws and ordinances. For without such uniformity, how can
reciprocity between and among the states be recognized and practiced?
The Future of Reciprocity and Uniformity
Advances in technology as applied to the highway environment and to the motor
vehicle include, but are not limited to safety restraints, anti-lock brakes,
passenger containment protection, and steel belted tires. As we review these
advances, together with program advances addressing uniform laws, alcohol/drug
abuse, driver licensing, police traffic supervision, and some behavioral
changes, we better understand our achievements in the area of highway safety.
We must not, however, forget that the foundation of all these advances are the
federal, state, and local laws, which enable and authorize the creation,
enactment and implementation of all of these factors in a comprehensive,
uniform, systematic way. As a result, the states can and do enact reciprocal
agreements between and among themselves so that each citizen/motorist can drive
intrastate and interstate with the confidence of being in compliance with the
law.
The following is a summary of the various federal agencies that are active in
highway safety and traffic enforcement, along with their roles and
responsibilities.
The National Highway Traffic Safety Administration (NHTSA) was established by
the Highway Safety Act of 1970, as the successor to the National Highway Safety
Bureau, to carry out safety programs under the National Traffic and Motor
Vehicle Safety Act of 1966 and the Highway Safety Act of 1966. It also
administers consumer programs established by the Motor Vehicle Information and
Cost Savings Act, enacted in 1972.
NHTSA is responsible for reducing deaths, injuries, and economic losses
resulting from motor vehicle crashes. This is accomplished by setting and
enforcing safety performance standards for motor vehicles and items of motor
vehicle equipment, and by funding grants to state and local governments for
conducting effective local highway safety programs.
NHTSA also investigates safety defects in motor vehicles, sets and enforces
fuel economy standards, helps states and local communities reduce the threat
of drunk drivers, promotes the use of safety belts, child safety seats and air
bags, investigates odometer fraud, establishes and enforces vehicle anti-theft
regulations, and provides consumer information on motor vehicle safety topics.
402 Funds
The State and Community Highway Safety Grant Program was enacted by the Highway
Safety Act of 1966 as Section 402 of Title 23, United States Code. Grant funds
are provided to the states, the Indian nations, and U.S. territories each year
according to a statutory formula based on population and road mileage. The
grants support state planning to identify and quantify highway safety problems,
provide start-up or seed money for new programs, and give new
direction to existing safety programs.
These funds are intended to catalyze innovative programs at the state and local
level and leverage commitments of state, local, and private resources. The
Section 402 grant process has been successful in directing resources to
national and state priority safety programs.
403 Funds
The Research and Demonstration Grants Program was enacted by the Highway Safety
Act of 1966. Grant funds are provided to conduct research and demonstration
projects on developing the most efficient and effective means of bringing about
safety improvements.
Incentive Funds
Section 408: The Alcohol Traffic Safety Program Act (Public Law 97-364),
enacted in 1982, created Section 408 of the Highway Safety Act. It authorized
$125 million in incentive grant funds to encourage state and local agencies to
deal more aggressively with the impaired driving problem. These grants assist
and provide recognition to states that establish laws and programs to deter
drunk and drugged driving, such as certain and swift arrest, license
suspension, and rehabilitation of drunk driving offenders.
Section 408 is administered by NHTSA. Grants are awarded to the states through
their designated Highway Safety Offices.
Section 410: This is a section in Title 23 of the United States Code that
establishes a federal alcohol incentive grant program designed
to encourage states to enact strong, effective anti-drunk driving
legislation and improve the enforcement of these laws. Section 410 also
promotes the development and implementation of innovative programs to combat
impaired driving. The program is administered by the NHTSA. Grants are awarded
to the states through their designated Highway Safety Offices.
Section 153: Section 153 is a federal incentive grant program enacted by the
Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) as Section 153
of Title 23, United States Code. It promotes the passage of state safety belt
and motorcycle helmet use laws and compliance with those laws. Section 153
grants are administered by NHTSA. The grants are awarded to the states through
their designated Highway Safety Offices.
The Federal Highway Administration
The Federal Highway Administration (FHWA) was established as a component of the
Department of Transportation in 1967 as a result of the Department of
Transportation Act (49 U.S.C. app. 1651 note). The agency administers the
highway transportation programs of the DOT in accordance with the provisions of
section 6(a) of the act and other pertinent legislation.
The FHWA carries out a broad range of highway transportation activities
including the coordination of the highway mode with other modes of
transportation and ensuring that the nation's highway transportation system is
safe, economical, and efficient with respect to the highway's impact on the
environment and social and economic conditions.
Federal-Aid Highway Program
The FHWA administers the federal-aid highway program of financial assistance to
the states for highway construction and improvements. This program provides for
construction and preser-vation of the approximately 42,500-mile national system
of interstate and defense highways and the improvement of approximately
800,000 miles of other federal-aid primary, secondary, and urban roads and
streets. The agency also administers the Highway Bridge Replacement and
Rehabilitation Program to assist in the inspection, analysis, and
rehabilitation or replacement of bridges both on and off the federal-aid
highway systems.
The FHWA is responsible for carrying out several highway safety programs. These
safety programs provide funding for projects which remove, relocate, or shield
roadside obstacles; identify and correct hazardous locations; eliminate or
reduce hazards at railroad crossings; and improve signing, pavement markings,
and signalization.
The agency promulgates and administers highway-related safety guidelines
providing for the identification and surveillance of accident locations;
highway design, construction, and maintenance; traffic engineering services;
and highway-related aspects of pedestrian safety.
Office of Motor Carrier Safety (OMCS)
Under the authority of the motor carrier safety provisions of Title 49 of the
U.S. Code, the FHWA, through the Office of Motor Carrier Safety, exercises
federal regulatory jurisdiction over the safety performance of all commercial
motor carriers (trucks and buses) engaged in interstate and foreign commerce.
The agency's motor carrier safety investigators conduct safety reviews at the
carriers' facilities and at roadside to determine the safety perfor-mance of
the carriers' operations. Compliance reviews are conducted to follow up on
problem areas identified during the safety reviews and at times result in
prosecution or other sanctions against violators of the federal motor carrier
safety regulations or the hazardous materials transportation regulations.
Grant Funds
The Motor Carrier Safety Assistance Program (MCSAP) provides grant funding from
the federal government to the states to enforce uniform federal and state
safety and hazardous materials regulations and rules applicable to commercial
motor vehicles and their drivers. To qualify for participation, a state must
adopt and enforce the Federal Motor Carrier Safety Regulations (FMCSRs)
or similar state rules compatible with the FMCSRs and the Hazardous
Materials Transportation Regulations.
Commercial Driver's License (CDL) Program
All drivers of vehicles with a gross vehicle weight rating of 26,001 pounds or
more (what the vehicle and cargo would weigh fully loaded) and those of any
size transporting hazardous materials that are required to be placarded must
possess a CDL. For buses, the law applies to drivers of vehicles designed to
carry 16 or more people.
Research and Special Programs Administration
The Research and Special Programs Administration (RSPA) manages a number of
diverse and intermodal programs that include hazardous materials transportation
safety, pipeline safety, transportation safety training, emergency
transportation involving national defense and resources, aviation data
collection and gathering statistics, and research and development.
Programs
The Office of Hazardous Materials Transportation is responsible for hazardous
materials transportation safety regulation and enforcement. It develops and
issues safety standards addressing every aspect of hazardous materials
transportation for all types of transportation except marine bulk packaging.
Each of the DOT modal administrations inspects and enforces the hazardous
materials regulations applicable to their mode.
Federal Law Enforcement Training Center
The Federal Law Enforcement Training Center (FLETC), a bureau of the U.S.
Department of the Treasury, is an interagency training facility for the
personnel from approximately 70 federal law enforcement organizations.
Facilities are available for extensive physical training
and driver training complexes, indoor and
outdoor firearms ranges, and numerous practical exercise areas.
Approximately 20 federal law enforcement agencies maintain on-site training
staffs. FLETC's interagency training mission for the federal participating
organizations is threefold: to provide basic training; to provide advanced and
specialized programs geared to a common need; and to support organizations
conducting their own advanced and specialized training.
Programs
The National Center for State and Local Enforcement Training was established at
the FLETC in 1982. The National Center is mandated to provide training for
personnel from state and local law enforcement agencies. The center's primary
goal is to provide state and local law enforcement agencies with training or
technical assistance in subject matter areas generally unavailable elsewhere.
National Center policies focus not only on creating needed training, but also
on encouraging networking and operational interaction after training. Such
interaction among federal state, and local agencies is viewed as critical.
FHWA Regional Offices
Legal Issues U.S. Constitution and Traffic Law: Decisions of the U.S. Supreme Court
Registration, Title and Inspection Enforcement
Roadway Management Through Engineering and Enforcement
Pedestrian Safety
Children (0-19) 28.9% 42.5% 19.9% Working Adults (20-64) 58.7% 48.7% 56.6% Older Adults (65+) 11.95% 8.8% 22.3%
Public Information and Education Programs
Uniformity, Reciprocity, and Federal Programs