15.1 Traffic Enforcement

Centreville Police Department Title: Traffic Enforcement Directive #: 15.1 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Purpose To provide officers with guidance on conducting traffic enforcement.

B. Policy CPD will ensure the safe and efficient movement of traffic through effective traffic enforcement.

C. Procedures

1. The primary goals of traffic enforcement are to:

a. improve driver behavior that differs from the accepted or legal requirements;

b. identify and remove from the road drivers who exhibit behavior that indicates that they are an immediate danger to the public;

c. encourage voluntary compliance with traffic laws and ordinances; and d. promote the safe and efficient flow of traffic through a reduction in motor vehicle crashes.

2. General Patrol Techniques

a. When not assigned to a specific area by a supervisor, officers on patrol should focus enforcement efforts on areas and on violations types that have been determined to be a particular issue within the Town.

b. Commanders and supervisors should determine the type of enforcement required for a specific location or situation and assign officers accordingly.

Page 1 of 4 c. When stationary observation is necessary to maximize the effectiveness of enforcement, officers will park in a location and manner to maximize safety and minimize the disruption of traffic flow.

d. Unmarked Vehicles

(1) Unmarked vehicles may be used routinely for traffic enforcement; however, a officer operating an

unmarked vehicle must remember that motorists may not initially recognize him as a law enforcement officer.

3. Selective Enforcement

a. The primary goal of selective enforcement activities is to reduce traffic crashes and address citizen complaints.

2. Selective enforcement activities will be based upon the analysis of:

a. data compiled from motor vehicle crashes;

b. enforcement data;

c. traffic volume;

d. traffic conditions; and e. citizen input and/or traffic complaints.

3. Officers will be assigned to the areas of greatest potential and actual need.

4. Assignment to selective enforcement patrols are designed to complement and not replace normal

patrol functions.

4. Uniform Enforcement Procedures

a. PHYSICAL ARREST: enforcement action where taking the offender into custody is warranted in order to best serve the safety of the community.

b. TRAFFIC SUMMONS: will be used for traffic offenses where the officer believes that a written warning would not be effective to gain the violator’s future compliance.

c. WRITTEN WARNINGS: may be used for minor traffic offenses when the officer is convinced that it is appropriate and future compliance with the law is likely.

d. SAFETY EQUIPMENT REPAIR ORDERS: may be used when a Maryland-registered motor vehicle is stopped for defective equipment.

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5. Discretion and Uniform Enforcement Policies

a. Officers may exercise discretion when enforcing violations of the motor vehicle law while taking into account the totality of the circumstances regarding the violation.

b. While discretion may be exercised in all circumstances, certain categories of violations may require special procedures and mandatory issuance of citations and/or arrest.

c. CPD will not dictate how officers will handle certain categories of violations in all instances.

d. Charging for violations involving operation of a vehicle while driving under the influence of alcohol and/or drugs is contained in Directive # 15.7.

e. Officers will pay special attention to:

(1) operation of a vehicle after driving privileges have been suspended or revoked;

(2) speed violations;

(3) hazardous violations such as negligent, aggressive or reckless driving that expose a person or

property to risk, loss or damage;

(4) off-road vehicle violations governed by Maryland law pertaining to off-road vehicle operation and

registration;

(5) equipment violations;

(6) commercial vehicle violations will be enforced in accordance with the Maryland Transportation

Article;

(7) newly enacted laws and/or regulation will be enforced in accordance with any applicable grace

period; warnings should be issued during grace periods unless the violation is serious, hazardous or contributes to a traffic crash;

(8) violations resulting in traffic crashes requiring a report will be investigated and appropriate

enforcement action should be taken against the at-fault operator when appropriate; certain fatal crashes will require consultation with the State’s Attorney prior to an individual being charged;

and

(9) violations involving bicycles or pedestrians will be enforced according to the Maryland

Transportation Article.

f. When violations impose a possible penalty of incarceration (i.e., “must appear” violations), the decision to issue a summons and release or arrest is up to the officer.

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6. Multiple Violations

a. It is generally not advisable to issue a large number of summonses to one violator; however, there may be circumstances where it is appropriate.

b. Nothing prohibits a officer from issuing different categories of documents to a violator (e.g., citation and warning for multiple violations);

c. A officer should not issue two documents for the same charge (e.g., a summons and an SERO for a tint violation).

7. Confiscation of MVA Documents

a. Licenses

1. Generally, officers should confiscate suspended, cancelled or revoked driver's licenses, as it is

illegal for a person to be in possession of the license. If the license is taken as evidence, it will be stored and released according to CPD policy. Once the need for the license is no longer apparent, it shall promptly be returned to the MVA or to the individual whom it was issued, if they are no longer suspended, cancelled or revoked.

b. Registration Plates and Documents a. Registration plates and documents that are suspended for violation of the Maryland Transportation Article may be confiscated if the registration check shows an active:

(1) MSP pickup order; or

(2) MVA insurance violation pickup order.

b. All confiscated registration documents will be forwarded to either ASED or MVA as soon as practicable.

c. Officers are no longer required to confirm active pickup orders by telephone; an MVA return is sufficient to justify confiscation.

c. Fraudulent Documents Fraudulent registration cards and plates, altered, forged and expired documents that demonstrate that a specific violation occurred should be confiscated as evidence.

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