15.2 Traffic Citation, Warnings & SERO’s

Centreville Police Department Title: Traffic Citation, Warnings & SERO’s Directive #: 15.2 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Policy Officers will issue traffic citations, warnings and Safety Equipment Repair Orders (SERO) in accordance with Maryland Law and CPD policy.

B. Procedures

1. Traffic Citations

a. Authorization

(1) The issuance of traffic citations and summonses is authorized by TRANSP. §26–201.

(2) Unique enforcement situations (e.g., juveniles, non-residents) are addressed in other directives.

b. Completing the Citation or Summons

(1) Hand-Written Citation

(a) Officers who are not equipped with or trained in E-TIX will issue a hand-written

Maryland Uniform Complaint and Citation.

(b) Instructions for completing the citation can be found in the DC/CR-90, Fine of Penalty Deposit

Schedule, which is issued by the district court.

(2) Electronic Citation

(a) Officers who have completed the appropriate training may use E-TIX to issue traffic

summonses, warnings and Safety Equipment Repair Orders.

(b) E-TIX is designed to ensure that all required information is included based on the type of

document that is being issued.

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(3) Issuing the Citation

(a) When a citation is complete, the officers will issue the appropriate copies of the document to

the violator.

(b) When issuing citation, the officer should inform the defendant:

 of each charge;

 of the method and timeline for complying with the terms of the summons;

 whether or not a court appearance is mandatory (i.e., must appear violations);

 that court dates are scheduled automatically through the Maryland Automated Traffic System and must be requested by the violator;

 of any other pertinent information regarding the stop; and  the instructions on how to comply with the summons are listed on the summons itself.

c. Arrest for Traffic Offenses

(1) TRANSP. §26-202, lists the circumstances in which a officer may arrest a defendant for a traffic

violation.

(2) The defendant will be immediately taken before a District Court commissioner.

(3) In general, Miranda warnings must be provided prior to questioning defendants who are:

(a) arrested for traffic violations; or

(b) in a custodial environment.

2. Written Warnings

a. Authorization

(1) When a warning for a traffic violation is appropriate, officers will issue a written warning to the

violator in accordance with this directive.

b. Discretion

(1) Warnings provide an alternative to a citation for minor traffic violations.

(2) An officer is free to exercise discretion if he determines that the goal of traffic safety is best served

through the issuance of a warning rather than a citation.

(3) In all cases where a warning is issued to a violator, officers will issue a handwritten or electronic

(E-TIX) warning.

(4) Verbal warnings are not authorized absent extenuating circumstances.

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(1) Complete the E-TIX warning in conformance with the training provided.

(2) Since the data is retained electronically, there is no need to print and file a copy of an electronic

warning.

(3) The officer will inform the violator that the warning carries no fine or points.

3. Safety Equipment Repair Orders (SERO)

a. Authorization and Issuance

(1) The TRANSP. §23–105, authorizes any police officer in the State to issue a SERO to any vehicle

registered in Maryland that does not meet the minimum equipment standards outlined in TRANSP. §23–104 or TRANSP. §24–106.1(e).1

(2) When a Maryland-registered motor vehicle, trailer or semi-trailer is stopped for apparent

defective equipment, an SERO may be issued for such defects, unless the vehicle is operated using an interchangeable Maryland registration (e.g., dealer, special mobile equipment), temporary registration, historic registration or mobile home registration.

(3) Officers may issue either a handwritten SERO or an electronic SERO (E-SERO) if authorized to use

the E-TIX software.

(4) Additional guidance for the issuance of SEROs may be obtained from the MSP Automotive Safety

Enforcement Division (ASED).

b. Inspection and Sign-Off

(1) If all of the defects identified on the SERO are followed by an asterisk indicating that the repair can

be visually inspected, the owner may take the vehicle to any MSP unit or a participating police department to certify the repair.

(2) Inspection of items not followed by an asterisk, including tint violations, can only be certified by an

authorized inspection station.

(3) Inspections will only be conducted during daylight hours and will not be conducted during

inclement weather.

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(4) Inspections for defects involving commercial motor vehicles over 10,000 pounds gross vehicle

weight will only be certified by Commercial Vehicle Enforcement Division personnel at a scale house during normal business hours.

c. Duplicate Repair Orders

(1) A duplicate may be issued by using the information from the issuing officer's copy, a Notice of

Suspension or by contacting ASED if the SERO number is known

(2) A duplicate E-SERO may be printed from E-TIX..

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