32 CFR 634.25
Assimilates general traffic offenses into federal law
Installation
traffic codes.
(a) Installation or activity commanders
will establish a traffic code for operation of motor vehicles on the
installation. Commanders in overseas areas will establish a traffic code, under
provisions of this part, to the extent military authority is empowered to
regulate traffic on the installation under the applicable SOFA. Traffic codes
will contain the rules of the road (parking violations, towing instructions,
safety equipment, and other key provisions). These codes will, where possible,
conform to the code of the State or host nation in which the installation is
located. In addition, the development and publication of installation traffic
codes will be based on the following:
(1) Highway Safety Program Standards ( 23 U.S.C. 402).
(2) Applicable portions of the Uniform
Vehicle Code and Model Traffic Ordinance published by the National Committee on
Uniform Traffic Laws and Ordinances.
(b) The installation traffic code will
contain policy and procedures for the towing, searching, impounding, and
inventorying of POVs. These provisions should be well publicized and contain the
following:
(1) Specific violations and conditions
under which the POV will be impounded and towed.
(2) Procedures to immediately notify the
vehicle owner.
(3) Procedures for towing and storing
impounded vehicles.
(4) Actions to dispose of the vehicle after
lawful impoundment.
(5) Violators are responsible for all costs
of towing, storage and impounding of vehicles for other than evidentiary
reasons.
(c) Installation traffic codes will also
contain the provisions discussed as follows: (Army users, see AR 385-55).
(1)Motorcycles
and mopeds. For
motorcycles and other self-propelled, open, two-wheel, three-wheel, and
four-wheel vehicles powered by a motorcycle-type engine, the following traffic
rules apply:
(i) Headlights will be on at all times when
in operation.
(ii) A rear view mirror will be attached to
each side of the handlebars.
(iii) Approved protective helmets, eye
protection, hard-soled shoes, long trousers and brightly colored or reflective
outer upper garment will be worn by operators and passengers when in operation.
(2)Restraint
systems.
(i) Restraint systems (seat belts) will be
worn by all operators and passengers of U.S. Government vehicles on or off the
installation.
(ii) Restraint systems will be worn by all
civilian personnel (family members, guests, and visitors) driving or riding in
a POV on the installation.
(iii) Restraint systems will be worn by all
military service members and Reserve Component members on active Federal
service driving or riding in a POV whether on or off the installation.
(iv) Infant/child restraint devices (car
seats) will be required in POVs for children 4 years old or under and not
exceeding 45 pounds in weight.
(v) Restraint systems are required only in
vehicles manufactured after model year 1966.
(3)Driver
distractions. Vehicle
operators on a DoD Installation and operators of Government owned vehicles
shall not use cell phones unless the vehicle is safely parked or unless they
are using a hands-free device. The wearing of any other portable headphones,
earphones, or other listening devices (except for hand-free cellular phones)
while operating a motor vehicle is prohibited. Use of those devices impairs
driving and masks or prevents recognition of emergency signals, alarms,
announcements, the approach of vehicles, and human speech. DoD Component safety
guidance should note the potential for driver distractions such as eating and
drinking, operating radios, CD players, global positioning equipment, etc.
Whenever possible this should only be done when the vehicle is safely parked.
(d) Only administrative actions (reprimand,
assessment of points, loss of on-post driving privileges, or other actions)
will be initiated against service members for off-post violations of the
installation traffic code.
(e) In States where traffic law violations
are State criminal offenses, such laws are made applicable under the provisions
of 18 U.S.C. 13
to military installations having concurrent or exclusive Federal jurisdiction.
(f) In those States where violations of
traffic law are not considered criminal offenses and cannot be assimilated
under 18 U.S.C., DODD 5525.4, enclosure 1 expressly adopts the vehicular and
pedestrian traffic laws of such States and makes these laws applicable to
military installations having concurrent or exclusive Federal jurisdiction. It
also delegates authority to installation commanders to establish additional
vehicular and pedestrian traffic rules and regulations for their installations.
Persons found guilty of violating the vehicular and pedestrian traffic laws
made applicable on the installation under provisions of that directive are
subject to a fine as determined by the local magistrate or imprisonment for not
more than 30 days, or both, for each violation. In those States where traffic
laws cannot be assimilated, an extract copy of this paragraph (f) and a copy of
the delegation memorandum in DODD 5525.4, enclosure 1, will be posted in a
prominent place accessible to persons assigned, living, or working on the
installation.
(g) In those States where violations of
traffic laws cannot be assimilated because the Federal Government's
jurisdictional authority on the installation or parts of the installation is
only proprietary, neither 18 U.S.C. 13 nor the delegation
memorandum in DoDD 5525.4, enclosure 1, will permit enforcement of the State's
traffic laws in Federal courts. Law enforcement authorities on those military
installations must rely on either administrative sanctions related to the
installation driving privilege or enforcement of traffic laws by State law
enforcement authorities.
