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|Policy # |Related Policies: |

|Traffic Law Enforcement | |

|This policy is for internal use only and does not enlarge an employee’s civil liability in any way. The policy should not be construed as creating |

|a higher duty of care, in an evidentiary sense, with respect to third party civil claims against employees. A violation of this policy, if proven, |

|can only form the basis of a complaint by this department for non-judicial administrative action in accordance with the laws governing employee |

|discipline. |

|Applicable State Statutes: |

|KACP Accreditation Standard: 22.3 |

|Date Implemented: |Review Date: |

I. POLICY

To establish a directive for uniform procedures for taking enforcement action attendant to traffic law violations, including physical arrest, state citations, city citations, and warnings.

II. REFERENCE

Kentucky Revised Statutes 186 through 189.

III. INFORMATION

A. Traffic law enforcement involves activities or operations, which relate to, observing, detecting, and preventing traffic law violations and taking appropriate action. The emphasis of traffic enforcement is placed on violations that contribute to accidents and that present a hazard to vehicular and pedestrian traffic.

B. Traffic law enforcement is a responsibility, which obligates police officers, to make fair and intelligent applications of laws and ordinances. The policy of the Police Department will be to afford the public a fair measure of enforcement, consistent with the objectives of efficient traffic regulation and accident investigation.

C. To facilitate the safe and efficient flow of traffic upon the public highways, the police must develop a high level of voluntary compliance through the use of selective enforcement of traffic laws and ordinances in drivers by creating a belief:

D. In the fairness and reasonableness of traffic laws and policies.

E. That detection and apprehension of violators is a reality and penalty is a certainty.

F. True enforcement action (arrest, citation, and warning) must accomplish deterrent adequate to bring about better driving habits. The Police Department is concerned with the quantity of enforcement activity only to the extent that it affects the traffic problems in the community. Quantity alone, without the ingredient of quality, produces no positive result and is likely to be justifiably interpreted as harassment.

G. Where traffic law enforcement is vigorous and selective, traffic laws are observed and the incidence of serious traffic accidents is reduced. Although the essential elements of each violation are set forth in statutes and ordinances, it is important that we relate these elements to every day driving. Our policy is to provide the most intelligent approach toward enforcement action.

H. By application of reasonable and meaningful tolerance in traffic law enforcement there is no intention to distort the intent of the law. Therefore, the policy of this police department will be to employ tolerances in borderline cases when:

I. There is reasonable possibility of human error in judgment on the part of either the police officer or the public.

J. There is a logical possibility of malfunction of mechanical equipment with no knowledge or intent on the part of the driver.

K. The content of the particular law which, was violated, is not common knowledge.

IV. PROCEDURE

A. Types of Enforcement Actions:

a. Warnings

a. Officers may issue verbal or written warnings to a violator. A properly administered warning can be more effective than any other type of enforcement. For minor traffic violations, courtesy may be extended by issuing verbal or written warnings. Warnings will not be issued for violations related to accidents.

b. Kentucky Uniform Citation.

a. The Kentucky Uniform Citation should be issued to a violator who jeopardizes the safe and efficient flow of vehicular and pedestrian traffic, including hazardous moving violations or operating unsafe and improperly equipped vehicles, consistent with K.R.S., City ordinances and Departmental policy

c. Physical Arrest.

a. Pursuant to departmental policy officers will make a physical arrest, in compliance with Kentucky Revised Statutes.

b. Arrests shall be documented on a Kentucky Uniform Citation.

c. Arrestees will be handcuffed and searched before transportation.

d. Information Regarding Uniform Traffic Citation.

a. The Kentucky Uniform Traffic Citation will be completed whenever a motorist is to be charged with a motor vehicle violation. Officers shall advise drivers of the following information:

1. Actual charge(s) on the citation.

2. Court appearance schedule.

3. Whether court appearance by the motorist is mandatory.

4. Whether the motorist may be allowed to prepay the fine.

5. Any other information necessary before release of the motorist.

B. Uniform Enforcement Policies for Traffic Law Violations

a. Individual police officer discretion and on-scene supervisory decisions should be guided by the following guidelines; however, each decision should be based on the specific situation.

b. Speed Violations.

a. Excessive speed is the second greatest cause of death and injury on the American highways. Procedures for the enforcement of laws applying to speed will vary in accordance with the type of equipment used and are in accordance with the departmental policy. The type of action taken may depend on location of violation (congested area, school zone, etc.). Speed shall be clearly demonstrated in court.

a. Revoked/Suspended Operator's License.

a. Identified the driver as driving with a revoked or suspended operator's license.

1. Unless a licensed driver, capable of driving the vehicle, can be secured within a reasonable period of time, the officer shall assist the violator in removing the vehicle from the roadway.

b. An officer who sees a person driving who is known to be under suspension or revocation may file charges consistent with departmental policy, if unable to stop the vehicle.

b. Driving under the influence (DUI)

a. An officer shall comply pursuant to K.R.S. and departmental policy for a violation of these statutes. (See KRS 189A.010 and KRS 189.520)

1. Unless a licensed driver, capable of driving the vehicle, can be secured with-in a reasonable period of time, the officer shall arrange the removal of the vehicle from the roadway.

b. If the subject is injured and hospitalized, a Kentucky Uniform Citation may be issued and provisions will be made to secure the necessary evidence including blood results.

c. Other Hazardous Violations.

a. Consider the degree of hazard, place, previous accident history of location, and current directed patrol emphasis. Violations indicating a physical arrest should have charges filed pursuant to K.R.S. and Departmental policy.

d. Multiple Violations.

a. Normally cite the most serious violations and warn on others. (Aggravated circumstances may cause citation for multiple violations.)

e. Equipment Violations.

a. Consider issuance of a warning unless repetitive or flagrant.

f. Other Non-Hazardous Violations.

a. Consider issuance of a warning unless repetitive or flagrant.

g. Newly Enacted Laws and/or Regulations.

a. Normally, a grace period of 30 days is established during which only warnings will be given. Thereafter, officer should use discretion.

C. Traffic Law Enforcement Practices, General

a. Normal traffic enforcement involves patrol by officers who observe and handle traffic violations during the performance of their normal duties.

a. Area patrol involves traffic enforcement within the officer's assigned area of responsibility.

b. Line patrol involves traffic enforcement with concentration on a particular section of roadway.

c. Directed patrol instructions can specify enforcement in an area, on a line patrol, or at a specific location, depending on the nature of the hazard/violation.

d. Stationary observation, either covert or overt, may be used as a technique to make observations about the flow of traffic at a particular location. Officers are encouraged, when completing reports or doing other activities which will keep them out of service for a short while, to park their patrol vehicles in a conspicuous location where the mere presence of the vehicle will serve to remind the other drivers of the need for compliance with traffic laws.

D. Parking Citations

a. Officers shall apply the same guidelines to parking enforcement as described above in traffic enforcement, realizing such enforcement is provided as a service to the public.

b. In addition, a problem may exist which is beyond the scope of police corrective measures, such as traffic or design engineering deficiencies. In these cases, officers must:

a. Recognize the problem.

b. Identify the department or agency responsible for making necessary corrections.

c. Advise that agency of the condition.

d. Document that notification to establish the department's awareness of the problem.

e. The policy of the department shall be to afford the public a fair measure of enforcement contingent upon all related factors. This enforcement must be consistent with the objectives of relieving traffic congestion, ensuring citizens available street space, and to move traffic efficiently.

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